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Equality Act 2010, Cross Heading: Equality Act 2006 is up to date with all changes known to be in force on or before 07 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F161]E+W+SThe Equality Act 2006 is amended as follows.
Textual Amendments
F1Sch. 26 para. 6 renumbered (1.10.2010) as para. 61 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F262](1)Section 8 (equality and diversity) is amended as follows.E+W+S
(2)In subsection (1)—
(a)in paragraph (d) for “equality enactments” substitute “ Equality Act 2010 ”, and
(b)in paragraph (e) for “the equality enactments” substitute “ that Act ”.
(3)In subsection (4) for “Disability Discrimination Act 1995 (c. 50)” substitute “ Equality Act 2010 ”.
Textual Amendments
F2Sch. 26 para. 7 renumbered (1.10.2010) as para. 62 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F363]E+W+SIn section 10(2) (meaning of group) for paragraph (d) substitute—
“(d)gender reassignment (within the meaning of section 7 of the Equality Act 2010),”.
Textual Amendments
F3Sch. 26 para. 8 renumbered (1.10.2010) as para. 63 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F464]E+W+SFor section 11(3)(c) (interpretation) substitute—
“(c)a reference to the equality and human rights enactments is a reference to the Human Rights Act 1998, this Act and the Equality Act 2010.”
Textual Amendments
F4Sch. 26 para. 9 renumbered (1.10.2010) as para. 64 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F565](1)Section 14 (codes of practice) is amended as follows.E+W+S
(2)For subsection (1) substitute—
“(1)The Commission may issue a code of practice in connection with any matter addressed by the Equality Act 2010.”
(3)In subsection (2)(a) for “a provision or enactment listed in subsection (1)” substitute “ the Equality Act 2010 or an enactment made under that Act ”.
(4)In subsection (3)—
(a)in paragraph (a) for “section 49G(7) of the Disability Discrimination Act 1995 (c. 50)” substitute “ section 190(7) of the Equality Act 2010 ”, and
(b)for paragraph (c)(iv) substitute—
“(iv)section 190 of the Equality Act 2010.”
(5)In subsection (5)(a) for “listed in subsection (1)” substitute “ a matter addressed by the Equality Act 2010 ”.
(6)In subsection (9) for “section 76A” to “duties)” substitute “ section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty) ”.
Textual Amendments
F5Sch. 26 para. 10 renumbered (1.10.2010) as para. 65 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F666]E+W+SIn section 16(4) (inquiries: matters which the Commission may consider and report on) for “equality enactments” substitute “ Equality Act 2010 ”.
Textual Amendments
F6Sch. 26 para. 11 renumbered (1.10.2010) as para. 66 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F767]E+W+SIn section 21(2)(b) (unlawful act notice: specification of legislative provision) for “equality enactments” substitute “ Equality Act 2010 ”.
Textual Amendments
F7Sch. 26 para. 12 renumbered (1.10.2010) as para. 67 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F868]E+W+SAfter section 24 insert—
(1)This section has effect in relation to—
(a)an act which is unlawful because, by virtue of any of sections 13 to 18 of the Equality Act 2010, it amounts to a contravention of any of Parts 3, 4, 5, 6 or 7 of that Act,
(b)an act which is unlawful because it amounts to a contravention of section 60(1) of that Act (or to a contravention of section 111 or 112 of that Act that relates to a contravention of section 60(1) of that Act) (enquiries about disability and health),
(c)an act which is unlawful because it amounts to a contravention of section 106 of that Act (information about diversity in range of election candidates etc.),
(d)an act which is unlawful because, by virtue of section 108(1) of that Act, it amounts to a contravention of any of Parts 3, 4, 5, 6 or 7 of that Act, or
(e)the application of a provision, criterion or practice which, by virtue of section 19 of that Act, amounts to a contravention of that Act.
(2)For the purposes of sections 20 to 24 of this Act, it is immaterial whether the Commission knows or suspects that a person has been or may be affected by the unlawful act or application.
(3)For those purposes, an unlawful act includes making arrangements to act in a particular way which would, if applied to an individual, amount to a contravention mentioned in subsection (1)(a).
(4)Nothing in this Act affects the entitlement of a person to bring proceedings under the Equality Act 2010 in respect of a contravention mentioned in subsection (1).”
Textual Amendments
F8Sch. 26 para. 13 renumbered (1.10.2010) as para. 68 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F969]E+W+SOmit section 25 (restraint of unlawful advertising etc.).
Textual Amendments
F9Sch. 26 para. 14 renumbered (1.10.2010) as para. 69 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F1070]E+W+SOmit section 26 (supplemental).
Textual Amendments
F10Sch. 26 para. 15 renumbered (1.10.2010) as para. 70 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F1171](1)Section 27 (conciliation) is amended as follows.E+W+S
(2)For subsection (1) (disputes in relation to which the Commission may make arrangements for the provision of conciliation services) substitute—
“(1)The Commission may make arrangements for the provision of conciliation services for disputes in respect of which proceedings have been or could be determined by virtue of section 114 of the Equality Act 2010.”
Textual Amendments
F11Sch. 26 para. 16 renumbered (1.10.2010) as para. 71 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F1272](1)Section 28 (legal assistance) is amended as follows.E+W+S
(2)In subsection (1)—
(a)in paragraph (a) for “equality enactments” substitute “ Equality Act 2010 ”, and
(b)in paragraph (b) for “the equality enactments” substitute “ that Act ”.
(3)In subsection (5) for “Part V of the Disability Discrimination Act 1995 (c. 50) (public” substitute “ Part 12 of the Equality Act 2010 (disabled persons: ”.
(4)In subsection (6)—
(a)for “the equality enactments”, on the first occasion it appears, substitute “ the Equality Act 2010 ”, and
(b)for “the equality enactments”, on each other occasion it appears, substitute “ that Act ”.
(5)In subsection (7)—
(a)in paragraph (a) for “equality enactments” substitute “ Equality Act 2010 ”, and
(b)in paragraph (b) for “the equality enactments” substitute “ that Act ”.
(6)In subsection (8) for “Part V of the Disability Discrimination Act 1995 (c. 50)” substitute “ Part 12 of the Equality Act 2010 ”.
(7)In subsection (9) for “equality enactments” substitute “ Equality Act 2010 ”.
(8)In subsection (12)—
(a)for “A reference in” to “includes a reference” substitute “ This section applies ”, and
(b)after paragraph (b) add “ as it applies to the Equality Act 2010. ”
Textual Amendments
F12Sch. 26 para. 17 renumbered (1.10.2010) as para. 72 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F1373]E+W+SFor section 31(1) (duties in respect of which Commission may assess compliance) substitute—
“(1)The Commission may assess the extent to which or the manner in which a person has complied with a duty under or by virtue of section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty).”
[F1474](1)Section 32 (public sector duties: compliance notice) is amended as follows.E+W+S
(2)For subsection (1) substitute—
“(1)This section applies where the Commission thinks that a person has failed to comply with a duty under or by virtue of section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty).”
(3)In subsection (4) for “section 76A” to “Disability Discrimination Act 1995” substitute “ section 149 of the Equality Act 2010 ”.
(4)In subsection (9)(a) for “section 76A” to “Disability Discrimination Act 1995 (c. 50)” substitute “ section 149 of the Equality Act 2010 ”.
(5)In subsection (9)(b) for “in any other case” substitute “ where the notice related to a duty by virtue of section 153 or 154 of that Act ”.
(6)In subsection (11) for “section 76B” to “Disability Discrimination Act 1995” substitute “ section 153 or 154 of the Equality Act 2010 ”.
[F1575]E+W+SOmit section 33 (equality and human rights enactments).
Textual Amendments
F15Sch. 26 para. 20 renumbered (1.10.2010) as para. 75 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F1676](1)Section 34 (meaning of unlawful) is amended as follows.E+W+S
(2)In subsection (1) for “equality enactments” substitute “ Equality Act 2010 ”.
(3)In subsection (2)—
(a)after “virtue of” insert “ any of the following provisions of the Equality Act 2010 ”, and
(b)for paragraphs (a) to (c) substitute—
“(a)section 1 (public sector duty regarding socio-economic inequalities),
(b)section 149, 153 or 154 (public sector equality duty),
(c)Part 12 (disabled persons: transport), or
(d)section 190 (disability: improvements to let dwelling houses).”
Textual Amendments
F16Sch. 26 para. 21 renumbered (1.10.2010) as para. 76 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F1777](1)Section 35 (general: definitions) is amended as follows.E+W+S
(2)In the definition of “religion or belief”, for “Part 2 (as defined by section 44)” substitute “ section 10 of the Equality Act 2010 ”.
(3)For the definition of “sexual orientation” substitute—
““sexual orientation” has the same meaning as in section 12 of the Equality Act 2010.”
Textual Amendments
F17Sch. 26 para. 22 renumbered (1.10.2010) as para. 77 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F1878]E+W+SIn section 39(4) (orders subject to affirmative resolution procedure) for “, 27(10) or 33(3)” substitute “ or 27(10) ”.
Textual Amendments
F18Sch. 26 para. 23 renumbered (1.10.2010) as para. 78 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F1979]E+W+SOmit section 43 (transitional: rented housing in Scotland).
Textual Amendments
F19Sch. 26 para. 24 renumbered (1.10.2010) as para. 79 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F2080]E+W+SOmit Part 2 (discrimination on grounds of religion or belief).
Textual Amendments
F20Sch. 26 para. 25 renumbered (1.10.2010) as para. 80 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F2181]E+W+SOmit section 81 (regulations).
Textual Amendments
F21Sch. 26 para. 26 renumbered (1.10.2010) as para. 81 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F2282]E+W+SOmit Part 4 (public functions).
Textual Amendments
F22Sch. 26 para. 27 renumbered (1.10.2010) as para. 82 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F2383]E+W+SIn section 94(3) (extent: Northern Ireland)—
(a)omit “and 41 to 56”, and
(b)omit “and the Disability Discrimination Act 1995 (c. 50)”.
Textual Amendments
F23Sch. 26 para. 28 renumbered (1.10.2010) as para. 83 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F2484](1)Schedule 1 (the Commission: constitution, etc.) is amended as follows.E+W+S
(2)In paragraph 52(3)(a) for “Parts 1, 3, 4, 5 and 5B of the Disability Discrimination Act 1995 (c. 50)” substitute “ Parts 2, 3, 4, 6, 7, 12 and 13 of the Equality Act 2010, in so far as they relate to disability ”.
(3)In paragraph 53 for “Part 2 of the Disability Discrimination Act 1995 (c. 50)” substitute “ Part 5 of the Equality Act 2010 ”.
(4)In paragraph 54 for “Part 2 of the Disability Discrimination Act 1995” substitute “ Part 5 of the Equality Act 2010 ”.
Textual Amendments
F24Sch. 26 para. 29 renumbered (1.10.2010) as para. 84 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
[F2585]E+W+SIn Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41 to 56.
Textual Amendments
F25Sch. 26 para. 30 renumbered (1.10.2010) as para. 85 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 12, Sch. 1 para. 1(c)
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