PART 2Amendment of primary legislation

Amendment of the Gender Recognition Act 20042

1

The Gender Recognition Act 20042 is amended as follows.

2

In section 21 (foreign gender change and marriage), in subsection (6), for “enforceable EU right” substitute “right which forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018”.

Amendment of the Civil Partnership Act 20043

1

The Civil Partnership Act 20043 is amended as follows.

2

In section 216 (the same-sex requirement), in subsection (6), for “enforceable EU right” substitute “right which forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018”.

Amendment of the Equality Act 20064

1

The Equality Act 20064 is amended as follows.

2

In section 28 (legal assistance)—

a

in subsection (12)—

i

for “a provision of” substitute “anything in retained”;

ii

insert “a provision of” before “the Equality Act 2010”.

b

in subsection (13)—

i

in paragraph (a), for “a provision of” substitute “anything in retained”;

ii

in paragraph (b), insert “(as it had effect before exit day)” after “as required by EU law”.

Amendment of the Equality Act 20105

1

The Equality Act 20105 is amended as follows.

2

In section 140AA (extension of time limits because of alternative dispute resolution in certain cross border or domestic contractual disputes), in subsection (1)—

a

omit paragraph (a);

b

in paragraph (b), for “article 4(1)(h) of the ADR Directive” substitute “regulation 4 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542)”;

c

for paragraph (d), substitute ““ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution”;

d

for paragraph (f), substitute—

“relevant dispute” means a dispute that—

a

concerns obligations under a contract of sale or for services, and

b

is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom,

which the parties attempt to settle by recourse to a non-binding ADR procedure.

3

In section 162 (designated transport facilities), omit subsection (4).

4

Omit section 203 (harmonisation) and Schedule 24.

5

Omit section 204 (harmonisation: procedure).

6

In section 208 (Ministers of the Crown, etc.), in subsection (5), omit paragraph (h).

7

In Schedule 3 (services and public functions: exceptions),

a

in paragraph 15A (immigration)—

i

in sub-paragraph (2), for “functions exercisable by virtue of a relevant enactment” substitute “relevant functions”;

ii

in sub-paragraph (4)(b), for the words from “by a” to the end substitute “by or under anything mentioned in sub-paragraph (5)(a) to (c)”;

iii

in sub-paragraph (5)—

aa

for “The relevant enactments are” substitute ““Relevant functions” means functions exercisable by virtue of”;

bb

in paragraph (b), at the end insert “or”;

cc

in paragraph (c), for the words from the beginning to “which” substitute “anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and”;

dd

omit paragraph (d) and the “and” before it;

b

in paragraph 17 (immigration)—

i

in sub-paragraph (2), for “functions exercisable by virtue of a relevant enactment” substitute “relevant functions”;

ii

in sub-paragraph (4)(b), for the words from “by a” to the end substitute “by or under anything mentioned in sub-paragraph (5)(a) to (c)”;

iii

in sub-paragraph (5)—

aa

for “The relevant enactments are” substitute ““Relevant functions” means functions exercisable by virtue of”;

bb

in paragraph (b), at the end insert “or”;

cc

in paragraph (c), for the words from the beginning to “which” substitute “anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and”;

dd

omit paragraph (d) and the “and” before it.

8

In Schedule 18 (public sector equality duty: exceptions), in paragraph 2 (immigration) in sub-paragraph (2)(h), for the words from the beginning to “which” substitute “anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and”.

9

In Schedule 23 (general exceptions), in paragraph 4 (training provided to non-EEA residents, etc) —

a

in the heading, omit “EEA”;

b

in sub-paragraph (2), for “an EEA state” substitute “Great Britain”;

c

omit sub-paragraph (5)(a).