Search Legislation

Equality Act 2010

Changes over time for: SCHEDULE 22

 Help about opening options

Version Superseded: 01/08/2019

Alternative versions:

Status:

Point in time view as at 15/07/2013.

Changes to legislation:

There are currently no known outstanding effects for the Equality Act 2010, SCHEDULE 22. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 191

SCHEDULE 22E+W+SStatutory provisions

This schedule has no associated Explanatory Notes

Statutory authorityE+W+S

1(1)A person (P) does not contravene a provision specified in the first column of the table, so far as relating to the protected characteristic specified in the second column in respect of that provision, if P does anything P must do pursuant to a requirement specified in the third column.E+W+S

Specified provisionProtected characteristicRequirement
Parts 3 to 7AgeA requirement of an enactment
Parts 3 to 7 and 12DisabilityA requirement of an enactment
A relevant requirement or condition imposed by virtue of an enactment
Parts 3 to 7Religion or beliefA requirement of an enactment
A relevant requirement or condition imposed by virtue of an enactment
Section 29(6) and Parts 6 and 7SexA requirement of an enactment
Parts 3, 4, 6 and 7Sexual orientationA requirement of an enactment
A relevant requirement or condition imposed by virtue of an enactment

(2)A reference in the table to Part 6 does not include a reference to that Part so far as relating to vocational training.

(3)In this paragraph a reference to an enactment includes a reference to—

(a)a Measure of the General Synod of the Church of England;

(b)an enactment passed or made on or after the date on which this Act is passed.

(4)In the table, a relevant requirement or condition is a requirement or condition imposed (whether before or after the passing of this Act) by—

(a)a Minister of the Crown;

(b)a member of the Scottish Executive;

(c)the National Assembly for Wales (constituted by the Government of Wales Act 1998);

(d)the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

Commencement Information

I1Sch. 22 para. 1 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f)

Protection of womenE+W+S

2(1)A person (P) does not contravene a specified provision only by doing in relation to a woman (W) anything P is required to do to comply with—E+W+S

(a)a pre-1975 Act enactment concerning the protection of women;

(b)a relevant statutory provision (within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974) if it is done for the purpose of the protection of W (or a description of women which includes W);

(c)a requirement of a provision specified in Schedule 1 to the Employment Act 1989 (provisions concerned with protection of women at work).

(2)The references to the protection of women are references to protecting women in relation to—

(a)pregnancy or maternity, or

(b)any other circumstances giving rise to risks specifically affecting women.

(3)It does not matter whether the protection is restricted to women.

(4)These are the specified provisions—

(a)Part 5 (work);

(b)Part 6 (education), so far as relating to vocational training.

(5)A pre-1975 Act enactment is an enactment contained in—

(a)an Act passed before the Sex Discrimination Act 1975;

(b)an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act).

(6)If an Act repeals and re-enacts (with or without modification) a pre-1975 enactment then the provision re-enacted must be treated as being in a pre-1975 enactment.

(7)For the purposes of sub-paragraph (1)(c), a reference to a provision in Schedule 1 to the Employment Act 1989 includes a reference to a provision for the time being having effect in place of it.

(8)This paragraph applies only to the following protected characteristics—

(a)pregnancy and maternity;

(b)sex.

Commencement Information

I2Sch. 22 para. 2 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f)

Educational appointments, etc: religious beliefE+W+S

3(1)A person does not contravene Part 5 (work) only by doing a relevant act in connection with the employment of another in a relevant position.E+W+S

(2)A relevant position is—

(a)the head teacher or principal of an educational establishment;

(b)the head, a fellow or other member of the academic staff of a college, or institution in the nature of a college, in a university;

(c)a professorship of a university which is a canon professorship or one to which a canonry is annexed.

(3)A relevant act is anything it is necessary to do to comply with—

(a)a requirement of an instrument relating to the establishment that the head teacher or principal must be a member of a particular religious order;

(b)a requirement of an instrument relating to the college or institution that the holder of the position must be a woman;

(c)an Act or instrument in accordance with which the professorship is a canon professorship or one to which a canonry is annexed.

(4)Sub-paragraph (3)(b) does not apply to an instrument taking effect on or after 16 January 1990 (the day on which section 5(3) of the Employment Act 1989 came into force).

(5)A Minister of the Crown may by order provide that anything in sub-paragraphs (1) to (3) does not have effect in relation to—

(a)a specified educational establishment or university;

(b)a specified description of educational establishments.

(6)An educational establishment is—

(a)a school within the meaning of the Education Act 1996 or the Education (Scotland) Act 1980;

(b)a college, or institution in the nature of a college, in a university;

(c)an institution designated by order made, or having effect as if made, under section 129 of the Education Reform Act 1988;

(d)a college of further education within the meaning of section 36 of the Further and Higher Education (Scotland) Act 1992;

(e)a university in Scotland;

(f)an institution designated by order under section 28 of the Further and Higher Education Act 1992 or section 44 of the Further and Higher Education (Scotland) Act 1992.

(7)This paragraph does not affect paragraph 2 of Schedule 9.

Commencement Information

I3Sch. 22 para. 3 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f)

4E+W+SA person does not contravene this Act only by doing anything which is permitted for the purposes of—

(a)section 58(6) or (7) of the School Standards and Framework Act 1998 (dismissal of teachers because of failure to give religious education efficiently);

(b)section 60(4) and (5) of that Act (religious considerations relating to certain appointments);

(c)section 124A of that Act (preference for certain teachers at independent schools of a religious character).

[F1(d)section 124AA(5) to (7) of that Act (religious considerations relating to certain teachers at Academies with religious character).]

Textual Amendments

Commencement Information

I4Sch. 22 para. 4 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f)

Crown employment, etc.E+W+S

5(1)A person does not contravene this Act—E+W+S

(a)by making or continuing in force rules mentioned in sub-paragraph (2);

(b)by publishing, displaying or implementing such rules;

(c)by publishing the gist of such rules.

(2)The rules are rules restricting to persons of particular birth, nationality, descent or residence—

(a)employment in the service of the Crown;

(b)employment by a prescribed public body;

(c)holding a public office (within the meaning of section 50).

(3)The power to make regulations for the purpose of sub-paragraph (2)(b) is exercisable by the Minister for the Civil Service.

(4)In this paragraph “public body” means a body (whether corporate or unincorporated) exercising public functions (within the meaning given by section 31(4)).

Commencement Information

I5Sch. 22 para. 5 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources