The Transfer of Functions (Equality) Order 2010

Article 7

SCHEDULE CONSEQUENTIAL AMENDMENTS

Equal Pay Act 1970

1.—(1) The Equal Pay Act 1970(1) is amended as follows.

(2) In the following provisions(2) for “Minister” in each place substitute “Secretary of State”—

(a) section 2(2) (disputes as to, and enforcement of, requirement of equal treatment);

(b) section 5(1) and (3) (agricultural wages orders);

(c) section 7B(2) and (4) to (7) (questioning of employer)(3).

(3) In section 11 (short title, interpretation and extent), omit subsection (2B)(4).

Employment and Training Act 1973

2.  In the Employment and Training Act 1973(5) omit section 13(6)(6) (interpretation).

Sex Discrimination Act 1975

3.—(1) The Sex Discrimination Act 1975(7) is amended as follows.

(2) In section 16(1)(8) (Training Commission etc) omit “or the Minister”.

(3) In the following provisions(9) for “Minister” in each place substitute “Secretary of State”—

(a) section 21A(5) and (7) (public authorities)(10);

(b) section 74(1) and (3) (help for aggrieved persons in obtaining information etc);

(c) section 76A(3)(i) and (4) (public authorities: general statutory duty)(11);

(d) section 76B(1) to (3) (specific duties)(12);

(e) section 76C(2), (6) and (7) (specific duties: Scotland)(13);

(f) section 77(4B) (validity and revision of contracts)(14);

(g) section 80 (power to amend certain provisions of Act);

(h) section 81(2A) and (2B) (orders)(15).

(4) In the following provisions(16) for “Minister or the Secretary of State” substitute “Secretary of State”—

(a) section 81(1) and (2) (orders);

(b) the definition of “prescribed” in section 82(1) (general interpretation).

(5) In section 82(1) (general interpretation) omit the definition of “the Minister”(17).

Race Relations Act 1976

4.—(1) The Race Relations Act 1976(18) is amended as follows.

(2) In section 15(1)(19) (Training Commission etc) omit “or the Minister”.

(3) In the following provisions(20) for “Minister” in each place substitute “Secretary of State”—

(a) section 56(5) and (6) (remedies on complaint under section 54)(21);

(b) section 65(1) and (3) (help for aggrieved persons in obtaining information etc);

(c) section 67(4) (sheriff courts and designated county courts);

(d) section 71(2) and (4) to (6) (specified authorities: general statutory duty)(22);

(e) section 71B(2) and (3) (general statutory duty: Wales)(23);

(f) section 72(4B) (validity and revision of contracts)(24);

(g) section 73 (power to amend certain provisions of Act).

(4) In section 78(1)(25) (interpretation)—

(a) omit the definition of “the Minister”, and

(b) in the definition of “prescribed” for “Minister or the Secretary of State” substitute “Secretary of State”.

Sex Discrimination (Election Candidates) Act 2002

5.  In the Sex Discrimination (Election Candidates) Act 2002(26), in section 3(2)(27) (expiry) for “Lord Privy Seal” substitute “Secretary of State”.

Civil Partnership Act 2004

6.  In the Civil Partnership Act 2004(28), in section 213(2)(29) (power to amend Schedule 20) for “Lord Privy Seal” substitute “Secretary of State”.

Equality Act 2006

7.—(1) The Equality Act 2006(30) is amended as follows.

(2) In the following provisions(31) for “Minister” in each place substitute “Secretary of State”—

(a) section 4(4) (strategic plan);

(b) section 10(6) (power to amend list of matters for purpose of definition of “group”);

(c) section 12(5) (monitoring progress);

(d) section 14(5) and (7) to (10) (codes of practice);

(e) section 15(3) and (6) (codes of practice: supplemental);

(f) section 27(10) (conciliation);

(g) section 28(8) (legal assistance);

(h) section 29(5) (legal assistance: costs);

(i) section 33(3) (equality and human rights enactments);

(j) section 50(3) and (4) (section 49: exceptions);

(k) section 52(6) (public authorities: general);

(l) section 64(1) and (2) (amendment of exceptions);

(m) section 70(2), (3) and (5) (information);

(n) section 81(1) (regulations);

(o) Schedule 1 (the Commission), except paragraph 36(3).

(3) In section 35 (general) omit the definition of “the Minister”(32).

(4) In section 79 (interpretation) omit subsection (3)(33).

(5) In section 81 (regulations) omit subsection (6)(34).

Charities Act 2006

8.  In the Charities Act 2006(35), in section 70(11)(36) (power of relevant Minister to give financial assistance to certain institutions) for “, the Minister for the Cabinet Office or the Lord Privy Seal” substitute “or the Minister for the Cabinet Office”.

(1)

1970 c. 41.The Act is prospectively repealed by the Equality Act 2010 (c. 15), Schedule 27.

(2)

All the provisions listed were amended by S.I. 2007/2914, Schedule.

(3)

Section 7B was inserted by the Employment Act 2002 (c. 22), section 42.

(4)

Section 11(2B) was inserted by S.I. 2007/2914, Schedule.

(5)

1973 c. 50.

(6)

Section 13(6) was inserted by S.I. 2007/2914, Schedule.

(7)

1975 c. 65. The Act is prospectively repealed by the Equality Act 2010 (c. 15), Schedule 27.

(8)

Section 16(1) was substituted by the Employment and Training Act 1981 (c. 57), Schedule 2. It was amended by the Employment Act 1988 (c. 19), Schedule 3, the Employment Act 1989 (c. 38), Schedule 7 and S.I. 2007/2914, Schedule.

(9)

All the provisions listed were amended by S.I. 2007/2914, Schedule.

(10)

Section 21A was inserted by the Equality Act 2006 (c. 3), section 83(1).

(11)

Section 76A was inserted by the Equality Act 2006 (c. 3), section 84(1).

(12)

Section 76B was inserted by the Equality Act 2006 (c. 3), section 85(1).

(13)

Section 76C was inserted by the Equality Act 2006 (c. 3), section 85(1).

(14)

Section 77(4B) was substituted by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), Schedule 1.

(15)

Section 81(2A) was inserted by section 83(3) of the Equality Act 2006 (c. 3); section 81(2B) was inserted by section 84(2) of that Act.

(16)

All the provisions listed were amended by S.I. 2007/2914, Schedule.

(17)

The definition of “the Minister” was inserted by S.I. 2007/2914, Schedule.

(18)

1976 c. 74. The Act is prospectively repealed by the Equality Act 2010 (c. 15), Schedule 27.

(19)

Section 15(1) was substituted by the Employment and Training Act 1981 (c. 57), Schedule 2. It was amended by the Employment Act 1988 (c. 19), Schedule 3, the Employment Act 1989 (c. 38), Schedule 7 and S.I. 2007/2914, Schedule.

(20)

All the provisions listed were amended by S.I. 2007/2914, Schedule.

(21)

Section 56(5) and (6) was inserted by the Race Relations (Remedies) Act 1994 (c. 10), section 2(1).

(22)

Section 71 was substituted by the Race Relations (Amendment) Act 2000 (c. 34), section 2(1).

(23)

Section 71B was substituted by the Race Relations (Amendment) Act 2000 (c. 34), section 2(1).

(24)

Section 72(4B) was substituted by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), Schedule 1.

(25)

Section 78(1) was amended by S.I. 2007/2914, Schedule.

(26)

2002 c. 2.

(27)

Section 3(2) was amended by S.I. 2007/2914, Schedule.

(28)

2004 c. 33.

(29)

Section 213(2) was amended by S.I. 2007/2914, Schedule.

(30)

2006 c. 3.

(31)

All the provisions listed were amended by S.I. 2007/2914, Schedule. The provisions listed in paragraphs (i) to (n) are prospectively repealed by the Equality Act 2010 (c. 15), Schedule 27.

(32)

The definition of “the Minister” was inserted by S.I. 2007/2914, Schedule.

(33)

Section 79(3) was inserted by S.I. 2007/2914, Schedule. Section 79 is prospectively repealed by the Equality Act 2010 (c. 15), Schedule 27.

(34)

Section 81(6) was inserted by S.I. 2007/2914, Schedule. Section 81 is prospectively repealed by the Equality Act 2010 (c. 15), Schedule 27.

(35)

2006 c. 50.

(36)

Section 70(11) was amended by S.I. 2007/2914, Schedule.