Part 1The Commission for Equality and Human Rights

Miscellaneous

42Transitional: functions of the dissolved Commissions

1

An order under section 36(1)(a) or (b) may—

a

provide for a former Commission to continue to exercise a function in respect of a transitional case of a kind specified;

b

provide for the Commission for Equality and Human Rights to exercise a function of a former Commission in respect of a transitional case of a kind specified.

2

An order under section 93 commencing a provision of Schedule 3 or 4 may include a saving or a consequential or incidental provision for the purpose of the operation of provision made by virtue of subsection (1) above; and the saving, consequential or incidental provision may, in particular, include provision applying, disapplying or modifying the application of a provision of this Act or of another enactment (including an enactment in or under an Act of the Scottish Parliament).

3

A code of practice issued by a Commission dissolved by virtue of section 36, or which relates to a function of a Commission removed by virtue of section 36(1)(b)—

a

shall continue to have effect until revoked by the Secretary of State, at the request of the Commission for Equality and Human Rights, by order made by statutory instrument, and

b

may be revised by the Commission for Equality and Human Rights as if it had been issued under section 14.

4

Consultation undertaken by a former Commission in relation to the issue or revision of a code of practice may be relied upon by the Commission for Equality and Human Rights for a purpose of section 14.

5

An order under subsection (3)(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament.