Section 107
Preliminary
1 This Schedule applies where a duty to make reasonable adjustments is imposed on an association (A) by this Part.
The duty
2 (1) A must comply with the first, second and third requirements.
(2) For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons who—
(a) are, or are seeking to become or might wish to become, members,
(b) are associates, or
(c) are, or are likely to become, guests.
(3) Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted—
(a) to avoid the disadvantage, or
(b) to adopt a reasonable alternative method of affording access to the benefit, facility or service or of admitting persons to membership or inviting persons as guests.
(4) In relation to the first and third requirements, the relevant matters are—
(a) access to a benefit, facility or service;
(b) members' or associates' retaining their rights as such or avoiding having them varied;
(c) being admitted to membership or invited as a guest.
(5) In relation to the second requirement, the relevant matters are—
(a) access to a benefit, facility or service;
(b) being admitted to membership or invited as a guest.
(6) In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of or for the purpose of providing a benefit, facility or service, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies).
(7) Nothing in this paragraph requires A to take a step which would fundamentally alter—
(a) the nature of the benefit, facility or service concerned, or
(b) the nature of the association.
(8) Nor does anything in this paragraph require a member or associate in whose house meetings of the association take place to make adjustments to a physical feature of the house.
Section 107
Single characteristic associations
1 (1) An association does not contravene section 101(1) by restricting membership to persons who share a protected characteristic.
(2) An association that restricts membership to persons who share a protected characteristic does not breach section 101(3) by restricting the access by associates to a benefit, facility or service to such persons as share the characteristic.
(3) An association that restricts membership to persons who share a protected characteristic does not breach section 102(1) by inviting as guests, or by permitting to be invited as guests, only such persons as share the characteristic.
(4) Sub-paragraphs (1) to (3), so far as relating to race, do not apply in relation to colour.
(5) This paragraph does not apply to an association that is a registered political party.
Age
1A (1) An association does not contravene section 101(1) or (2), so far as relating to age discrimination, by giving a concession on admission to membership for—
(a) persons of a particular age group, or
(b) persons who have been members of the association for more than a number of years specified by the association for this purpose.
(2) An association does not contravene section 101(2) or (3), so far as relating to age discrimination, by giving a concession on access to a benefit, facility or service for—
(a) members of a particular age group, or
(b) persons who have been members of the association for more than a number of years specified by the association for this purpose.
(3) An association does not contravene section 102(1), so far as relating to age discrimination, by giving a concession on invitations of persons of a particular age group as guests.
(4) An association does not contravene section 102(2), so far as relating to age discrimination, by giving a concession on access to a benefit, facility or service for guests of a particular age group.
(5) For the purposes of this paragraph, affording only persons of a particular age group access to a benefit, facility or service for a limited time is to be regarded as a concession.
(6) The reference to a concession in respect of something done by an association is a reference to a benefit, right or privilege having the effect that the manner in which, or the terms on which, it does it are more favourable than the manner in which, or the terms on which, it usually does the thing.
Health and safety
2 (1) An association (A) does not discriminate against a pregnant woman in contravention of section 101(1)(b) because she is pregnant if—
(a) the terms on which A is prepared to admit her to membership include a term intended to remove or reduce a risk to her health or safety,
(b) A reasonably believes that admitting her to membership on terms which do not include that term would create a risk to her health or safety,
(c) the terms on which A is prepared to admit persons with other physical conditions to membership include a term intended to remove or reduce a risk to their health or safety, and
(d) A reasonably believes that admitting them to membership on terms which do not include that term would create a risk to their health or safety.
(2) Sub-paragraph (1) applies to section 102(1)(b) as it applies to section 101(1)(b); and for that purpose a reference to admitting a person to membership is to be read as a reference to inviting the person as a guest or permitting the person to be invited as a guest.
(3) An association (A) does not discriminate against a pregnant woman in contravention of section 101(2)(a) or (3)(a) or 102(2)(a) because she is pregnant if—
(a) the way in which A affords her access to a benefit, facility or service is intended to remove or reduce a risk to her health or safety,
(b) A reasonably believes that affording her access to the benefit, facility or service otherwise than in that way would create a risk to her health or safety,
(c) A affords persons with other physical conditions access to the benefit, facility or service in a way that is intended to remove or reduce a risk to their health or safety, and
(d) A reasonably believes that affording them access to the benefit, facility or service otherwise than in that way would create a risk to their health or safety.
(4) An association (A) which does not afford a pregnant woman access to a benefit, facility or service does not discriminate against her in contravention of section 101(2)(a) or (3)(a) or 102(2)(a) because she is pregnant if—
(a) A reasonably believes that affording her access to the benefit, facility or service would, because she is pregnant, create a risk to her health or safety,
(b) A does not afford persons with other physical conditions access to the benefit, facility or service, and
(c) the reason for not doing so is that A reasonably believes that affording them access to the benefit, facility or service would create a risk to their health or safety.
(5) An association (A) does not discriminate against a pregnant woman under section 101(2)(c) or (3)(c) because she is pregnant if—
(a) the variation of A's terms of membership, or rights as an associate, is intended to remove or reduce a risk to her health or safety,
(b) A reasonably believes that not making the variation to A's terms or rights would create a risk to her health or safety,
(c) A varies the terms of membership, or rights as an associate, of persons with other physical conditions,
(d) the variation of their terms or rights is intended to remove or reduce a risk to their health or safety, and
(e) A reasonably believes that not making the variation to their terms or rights would create a risk to their health or safety.
Section 116
Part 1 Introductory
1 In this Schedule—
“the Tribunal” means—
in relation to a school in England, the First-tier Tribunal;
in relation to a school in Wales, the Education Tribunal for Wales;
in relation to a school in Scotland, the First-tier Tribunal for Scotland;
“the English Tribunal” means the First-tier Tribunal;
“the Welsh Tribunal” means the Education Tribunal for Wales;
“the Scottish Tribunal” means the First-tier Tribunal for Scotland;
“responsible body” is to be construed in accordance with section 85.
Part 2 Tribunals in England and Wales
Introductory
2 This Part of this Schedule applies in relation to the English Tribunal and the Welsh Tribunal.
Jurisdiction — England ...
3 A claim that a responsible body in England has contravened Chapter 1 of Part 6 because of a person's disability may be made —
(a) to the English Tribunal by the person's parent or, if the person is over compulsory school age, the person;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Jurisdiction — Wales
3A (1) A claim that a responsible body for a school in Wales has contravened Chapter 1 of Part 6 in relation to a person because of disability may be made to the Tribunal by—
(a) the person (including a child not over compulsory school age), or
(b) if the person is a child not over compulsory school age, the person's parent.
(2) But this paragraph does not apply to a claim to which paragraph 13 or 14 applies.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The exercise of rights under this paragraph is subject to provision made by regulations under paragraphs 6 and 6A(7).
Time for bringing proceedings
4 (1) Proceedings on a claim may not be brought after the end of the period of 6 months starting with the date when the conduct complained of occurred.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) If, in relation to proceedings or prospective proceedings on a claim under paragraph 3 or 3A, the dispute is referred for resolution in pursuance of arrangements under paragraph 6C ... before the end of the period of 6 months mentioned in sub-paragraph (1), that period is extended by 3 months.
(3) The Tribunal may consider a claim which is out of time.
(4) Sub-paragraph (3) does not apply if the Tribunal has previously decided under that sub-paragraph not to consider a claim.
(5) For the purposes of sub-paragraph (1)—
(a) if the contravention is attributable to a term in a contract, the conduct is to be treated as extending throughout the duration of the contract;
(b) conduct extending over a period is to be treated as occurring at the end of the period;
(c) failure to do something is to be treated as occurring when the person in question decided on it.
(6) In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—
(a) when P acts inconsistently with doing it, or
(b) if P does not act inconsistently, on the expiry of the period in which P might reasonably have been expected to do it.
Powers
5 (1) This paragraph applies if the Tribunal finds that the contravention has occurred.
(2) The Tribunal may make such order as it thinks fit.
(3) The power under sub-paragraph (2)—
(a) may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person of any matter to which the claim relates;
(b) does not include power to order the payment of compensation.
Procedure
6 (1) This paragraph applies in relation to the Welsh Tribunal.
(2) The Welsh Ministers may by regulations make provision as to—
(a) the proceedings on a claim under paragraph ... 3A;
(b) the making of a claim.
(3) The regulations may, in particular, include provision—
(a) as to the manner in which a claim must be made;
(b) for enabling functions relating to preliminary or incidental matters (including in particular a decision under paragraph 4(3) to be performed by the President or by the person occupying the chair);
(c) enabling hearings to be conducted in the absence of a member other than the person occupying the chair;
(ca) for adding and substituting parties;
(d) as to persons who may appear on behalf of the parties;
(e) for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court;
(f) requiring persons to attend to give evidence and produce documents;
(g) for authorising the administration of oaths to witnesses;
(h) for deciding claims without a hearing in prescribed circumstances;
(i) as to the withdrawal of claims;
(j) for enabling the Tribunal to stay proceedings;
(k) for the award of costs or expenses;
(l) for settling costs or expenses (and, in particular, for enabling costs to be assessed in the county court);
(m) for the registration and proof of decisions and orders;
(n) for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be decided in accordance with the regulations.
(4) Proceedings must be held in private, except in prescribed circumstances.
(5) The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as they may decide.
(6) Part 1 of the Arbitration Act 1996 does not apply to the proceedings, but regulations may make provision in relation to such proceedings that corresponds to a provision of that Part.
(7) The regulations may make provision for a claim to be heard, in prescribed circumstances, with an appeal under Part 4 of the Education Act 1996 (special educational needs) Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
(8) A person commits an offence by failing to comply with—
(a) a requirement in respect of the disclosure or inspection of documents imposed by virtue of sub-paragraph (3)(e), or
(b) a requirement imposed by virtue of sub-paragraph (3)(f).
(9) A person guilty of the offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Appeals from the Welsh Tribunal
6AA (1) A party to any proceedings on a claim under paragraph (3A) before the Welsh Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the Welsh Tribunal in those proceedings.
(2) An appeal may be brought under sub-paragraph (1) only if, on an application made by the party concerned, the Welsh Tribunal or the Upper Tribunal has given its permission.
(3) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (proceedings on appeal to the Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this paragraph as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Welsh Tribunal.
Case friends — Wales
6A (1) This paragraph applies to a child not over compulsory school age who—
(a) has the right to make a claim under paragraph 3A, and
(b) lacks the capacity to understand what it means to exercise that right.
(2) The Education Tribunal for Wales may by order—
(a) appoint a person to be a case friend for a child to whom this section applies, or
(b) remove the person from being a case friend for the child,
on the application of any person or on its own initiative, subject to provision in regulations under sub-paragraph (7).
(3) A case friend appointed for a child under this paragraph may—
(a) represent and support the child, and
(b) take decisions and act on behalf of the child,
in respect of matters arising under or by virtue of this Schedule, subject to provision in regulations under sub-paragraph (7).
(4) Where a person is appointed to be a case friend by order of the Tribunal under this paragraph, the right of a child to make a claim under paragraph 3A is to be exercised by the case friend on behalf of the child.
(5) A case friend appointed under this paragraph must—
(a) act fairly and competently,
(b) not have any interest adverse to that of the child,
(c) ensure that all steps and decisions taken by the case friend are for the benefit of the child, and
(d) take account of the child's views, so far as possible.
(6) In deciding whether to appoint a person to be a case friend, or to remove a person from being a case friend, the Tribunal must have regard, in particular, to whether the person is likely to comply (in the case of appointment) or has complied (in the case of removal) with the duty in sub-paragraph (5).
(7) The Welsh Ministers may by regulations make further provision about case friends, including (among other things) provision—
(a) conferring functions on the Education Tribunal for Wales;
(b) conferring functions on case friends;
(c) for procedures in relation to case friends;
(d) specifying the circumstances in which a person may or may not act as a case friend;
(e) specifying the circumstances in which a child must have a case friend;
(f) specifying requirements in respect of the conduct of case friends;
(g) applying any enactment with or without modifications for the purpose of enabling a case friend to make decisions or act on behalf of a child in respect of matters arising under or by virtue of this Schedule.
Advice and information — Wales
6B (1) A local authority in Wales must arrange for any disabled child in its area and for the case friend of any such child to be provided with advice and information about matters relating to disability discrimination in schools.
(2) In making the arrangements, the local authority must have regard to any guidance given by the Welsh Ministers.
(3) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.
(4) The local authority must take such steps as it considers appropriate for making the services provided under sub-paragraph (1) known to—
(a) disabled children in its area,
(b) parents of disabled children in its area,
(c) head teachers and proprietors of schools in its area, and
(d) such other persons as it considers appropriate.
Resolution of disputes — Wales
6C (1) A local authority in Wales must make arrangements with a view to avoiding or resolving disagreements between responsible bodies and disabled children in its area about contraventions of Chapter 1 of Part 6.
(2) The arrangements must provide for the appointment of independent persons with the functions of facilitating the avoidance or resolution of such disagreements.
(3) In making the arrangements, the local authority must have regard to any guidance given by the Welsh Ministers.
(4) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.
(5) The local authority must take such steps as it considers appropriate for making the arrangements under sub-paragraph (1) known to—
(a) disabled children in its area,
(b) parents of disabled children in its area,
(c) head teachers and proprietors of schools in its area, and
(d) such other persons as it considers appropriate.
(6) The arrangements cannot affect the entitlement of any person to make a claim to the Tribunal, and the local authority must take such steps as it considers appropriate to make that fact known to disabled children, to parents of disabled children and to case friends for disabled children in its area.
Independent advocacy services — Wales
6D (1) Every local authority in Wales must—
(a) make arrangements for the provision of independent advocacy services in its area;
(b) refer any disabled child in its area who requests independent advocacy services to a service provider;
(c) refer any person who is a case friend for a disabled child in its area and who requests independent advocacy services to a service provider.
(2) In this paragraph “independent advocacy services” are services providing advice and assistance (by way of representation or otherwise) to a disabled child who is—
(a) making, or intending to make a claim that a responsible body has contravened Chapter 1 of Part 6 because of the child's disability; or
(b) considering whether to make such a claim; or
(c) taking part in or intending to take part in dispute resolution arrangements made under paragraph 6C.
(3) In making arrangements under this paragraph, every local authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is—
(a) the subject of a claim to the Tribunal, or
(b) involved in investigating or adjudicating on such a claim.
(4) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.
(5) Every local authority in Wales must take such steps as it considers appropriate for making the arrangements under this paragraph known to—
(a) disabled children in its area,
(b) parents of disabled children in its area,
(c) head teachers and proprietors of schools in its area, and
(d) such other persons as it considers appropriate.
(6) The arrangements may include provision for payments to be made to, or in relation to, any person carrying out functions in accordance with the arrangements.
(7) A local authority must have regard to any guidance given from time to time by the Welsh Ministers.
Power of direction — Wales
6E (1) If the Welsh Ministers are satisfied (whether on a complaint or otherwise) that a local authority—
(a) has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under paragraph 6B, 6C or 6D, or
(b) has failed to discharge a duty imposed by or under any of those paragraphs,
they may give that local authority such directions as to the discharge of the duty as appear to them to be expedient.
(2) A direction may be given under sub-paragraph (1) even if the performance of the duty is contingent on the opinion of the local authority.
(3) A direction—
(a) may be varied or revoked by the Welsh Ministers;
(b) may be enforced, on the application of the Welsh Ministers, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981.
Capacity of parents and persons over compulsory school age - Wales
6F (1) The Welsh Ministers must make regulations for the purpose of a claim that a responsible body for a school in Wales has contravened Chapter 1 of Part 6 in relation to a person because of disability in a case to which sub-paragraph (2) or (3) applies.
(2) This sub-paragraph applies where the person is a child not over compulsory school age and the parent of the person lacks capacity at the relevant time.
(3) This sub-paragraph applies where the person is over compulsory school age and lacks capacity at the relevant time.
(4) Regulations under sub-paragraph (1) may include provision applying any enactment with modifications, including (for example) provision for modifications to have effect despite section 27(1)(g) of the Mental Capacity Act 2005 (c. 9) (which does not permit decisions on discharging parental responsibilities in matters not relating to a child's property to be made on a person's behalf).
(5) In this paragraph “the relevant time” means the time at which, under this Act, something is required or permitted to be done by or in relation to a parent or a person over compulsory school age.
(6) The reference in this paragraph to lacking capacity is to lacking capacity within the meaning of the Mental Capacity Act 2005.
(7) “Representative”, in relation to a parent or a person over compulsory school age, means—
(a) a deputy appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 to make decisions on the parent's or person's behalf in relation to matters within this Schedule;
(b) the donee of a lasting power of attorney (within the meaning of section 9 of that Act) appointed by the parent or person to make decisions on his or her behalf in relation to matters within this Schedule;
(c) an attorney in whom an enduring power of attorney (within the meaning of Schedule 4 to that Act) created by the parent or person is vested, where the power of attorney is registered in accordance with paragraphs 4 and 13 of that Schedule or an application for registration of the power of attorney has been made.
Part 3 Tribunals in Scotland
Introductory
7 This Part of this Schedule applies in relation to the Scottish Tribunal.
Jurisdiction
8 A claim that a responsible body has contravened Chapter 1 of Part 6 because of a person's disability may be made to the Tribunal by—
(a) the person's parent;
(b) where the person has capacity to make the claim, the person.
Powers
9 (1) This paragraph applies if the Tribunal finds the contravention has occurred.
(2) The Tribunal may make such order as it thinks fit.
(3) The power under sub-paragraph (2)—
(a) may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person of any matter to which the claim relates;
(b) does not include power to order the payment of compensation.
Procedure etc.
10 (1) The Scottish Ministers may make rules as to—
(a) the proceedings on a claim under paragraph 8;
(b) the making of a claim.
(2) The rules may, in particular, include provision for or in connection with—
(a) the form and manner in which a claim must be made;
(b) the time within which a claim is to be made;
(c) the withdrawal of claims;
(d) the recovery and inspection of documents;
(e) the persons who may appear on behalf of the parties;
(f) the persons who may be present at proceedings alongside any party or witness to support the party or witness;
(g) enabling specified persons other than the parties to appear or be represented in specified circumstances;
(h) requiring specified persons to give notice to other specified persons of specified matters;
(i) the time within which any such notice must be given;
(j) enabling Tribunal proceedings to be conducted in the absence of any member of a Tribunal other than the convener;
(k) enabling any matters that are preliminary or incidental to the determination of proceedings to be determined by the convenor of a Tribunal alone or with such other members of the Tribunal as may be specified;
(l) enabling Tribunals to be held in private;
(m) enabling a Tribunal to exclude any person from attending all or part of Tribunal proceedings;
(n) enabling a Tribunal to impose reporting restrictions in relation to all or part of Tribunal proceedings;
(o) enabling a Tribunal to determine specified matters without holding a hearing;
(p) the recording and publication of decisions and orders of a Tribunal;
(q) enabling a Tribunal to commission medical and other reports in specified circumstances;
(r) requiring a Tribunal to take specified actions, or to determine specified proceedings, within specified periods;
(s) enabling a Tribunal to make an award of expenses;
(t) the taxation or assessment of such expenses;
(u) enabling a Tribunal, in specified circumstances, to review, or to vary or revoke, any of its decisions, orders or awards;
(v) enabling a Tribunal, in specified circumstances, to review the decisions, orders or awards of another Tribunal and take such action (including variation and revocation) in respect of those decisions, orders or awards as it thinks fit.
Appeals
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of Education (Additional Support for Learning) (Scotland) Act 2004
12 The Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) is amended as follows—
(a) in section 17(1), omit “to exercise the functions which are conferred on a Tribunal by virtue of this Act”;
(b) after section 17(1), insert—
(1A) Tribunals are to exercise the functions which are conferred on them by virtue of—
(a) this Act, and
(b) the Equality Act 2010
;
(c) in the definition of “Tribunal functions” in paragraph 1 of Schedule 1, after “Act” insert “ or the Equality Act 2010 ”.
Part 4 Admissions and exclusions
Admissions
13 (1) This paragraph applies if appeal arrangements have been made in relation to admissions decisions.
(2) A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an admissions decision must be made under the appeal arrangements.
(3) The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements.
(4) Appeal arrangements are arrangements under—
(a) section 94 of the School Standards and Framework Act 1998, or
(b) Academy arrangements (as defined in section 1 of the Academies Act 2010) between the responsible body for an Academy and the Secretary of State,
enabling an appeal to be made by the person's parent against the decision.
(5) An admissions decision is—
(a) a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998;
(b) a decision as to the admission of a person to an Academy school or an alternative provision Academy taken by the responsible body or on its behalf.
Exclusions : Wales
14 (1) This paragraph applies if appeal arrangements have been made in relation to exclusion decisions that are made in relation to schools in Wales.
(2) A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an exclusion decision must be made under the appeal arrangements.
(3) The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements.
(4) Appeal arrangements are arrangements under section 52(3) of the Education Act 2002 enabling an appeal to be made against an exclusion decision.
(5) An exclusion decision is—
(a) a decision of a kind mentioned in 52(3) of the Education Act 2002;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) “Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under section 19 of the Education Act 2002.
(7) “Maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998.
SCHEDULE 18 Public sector equality duty: exceptions
Section 149
Children
1 (1) Section 149, so far as relating to age, does not apply to the exercise of a function relating to—
(a) the provision of education to pupils in schools;
(b) the provision of benefits, facilities or services to pupils in schools;
(c) the provision of accommodation, benefits, facilities or services in community homes pursuant to section 53(1) of the Children Act 1989;
(d) the provision of accommodation, benefits, facilities or services pursuant to arrangements under section 82(5) of that Act (arrangements by the Secretary of State relating to the accommodation of children);
(e) the provision of accommodation, benefits, facilities or services in residential establishments pursuant to section 26(1)(b) of the Children (Scotland) Act 1995.
(2) “Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6.
Immigration
2 (1) In relation to the exercise of immigration and nationality functions, section 149 has effect as if subsection (1)(b) did not apply to the protected characteristics of age, race or religion or belief; but for that purpose “race” means race so far as relating to—
(a) nationality, or
(b) ethnic or national origins.
(2) “Immigration and nationality functions” means functions exercisable by virtue of—
(a) the Immigration Acts (excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to criminal offences),
(b) the British Nationality Act 1981,
(c) the British Nationality (Falkland Islands) Act 1983,
(d) the British Nationality (Hong Kong) Act 1990,
(e) the Hong Kong (War Wives and Widows) Act 1996,
(f) the British Nationality (Hong Kong) Act 1997,
(g) the Special Immigration Appeals Commission Act 1997, or
(h) anything which forms part of assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and (in either case) relates to the subject matter of an enactment within paragraphs (a) to (g).
Judicial functions, etc.
3 (1) Section 149 does not apply to the exercise of—
(a) a judicial function;
(b) a function exercised on behalf of, or on the instructions of, a person exercising a judicial function.
(2) The references to a judicial function include a reference to a judicial function conferred on a person other than a court or tribunal.
Exceptions that are specific to section 149(2)
4 (1) Section 149(2) (application of section 149(1) to persons who are not public authorities but by whom public functions are exercisable) does not apply to—
(a) a person listed in sub-paragraph (2);
(b) the exercise of a function listed in sub-paragraph (3).
(2) Those persons are—
(a) the House of Commons;
(b) the House of Lords;
(c) the Scottish Parliament;
(d) the National Assembly for Wales;
(e) the General Synod of the Church of England;
(f) the Security Service;
(g) the Secret Intelligence Service;
(h) the Government Communications Headquarters;
(i) a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.
(3) Those functions are—
(a) a function in connection with proceedings in the House of Commons or the House of Lords;
(b) a function in connection with proceedings in the Scottish Parliament (other than a function of the Scottish Parliamentary Corporate Body);
(c) a function in connection with proceedings in the National Assembly for Wales (other than a function of the Assembly Commission).
Power to amend Schedule
5 (1) A Minister of the Crown may by order amend this Schedule so as to add, vary or omit an exception to section 149.
(2) But provision by virtue of sub-paragraph (1) may not amend this Schedule—
(a) so as to omit an exception in paragraph 3;
(b) so as to omit an exception in paragraph 4(1) so far as applying for the purposes of paragraph 4(2)(a) to (e) or (3);
(c) so as to reduce the extent to which an exception referred to in paragraph (a) or (b) applies.
Section 150
Part 1 Public authorities: general
Ministers of the Crown and government departments
A Minister of the Crown.
A government department other than the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.
Advocates for victims of major incidents
An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.
Armed forces
Any of the armed forces other than any part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.
Armed Forces Commissioner.
Service Police Complaints Commissioner.
Broadcasting
The British Broadcasting Corporation (“ BBC ”), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003); and the reference to the BBC includes a reference to a body corporate which—
is a wholly owned subsidiary of the BBC ,
is not operated with a view to generating a profit, and
undertakes activities primarily in order to promote the BBC 's public purposes.
The Channel Four Television Corporation, except in respect of—
functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003), and
the function of carrying on the activities referred to in section 199 of that Act.
S4C (as named by section 56(1) of the Broadcasting Act 1990), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003).
Citizens' rights
The Independent Monitoring Authority for the Citizens' Rights Agreements.
Civil liberties
The Commission for Equality and Human Rights.
The Information Commissioner.
Court services and legal services
The Children and Family Court Advisory and Support Service.
The Judicial Appointments Commission.
The Legal Services Board.
...
Criminal justice
Her Majesty's Chief Inspector of Constabulary.
Her Majesty's Chief Inspector of the Crown Prosecution Service.
Her Majesty's Chief Inspector of Prisons.
Her Majesty's Chief Inspector of Probation for England and Wales.
The Forensic Science Regulator.
The Parole Board for England and Wales.
A probation trust established by an order made under section 5(1) of the Offender Management Act 2007.
The Youth Justice Board for England and Wales.
Environment, housing and development
The Homes and Communities Agency.
Natural England.
The Office for Environmental Protection.
...
...
Health, social care and social security
NHS England.
An integrated care board established under section 14Z25 of the National Health Service Act 2006.
The Care Quality Commission.
The Commissioner for Patient Safety.
...
...
The Health Research Authority.
The Health Service Commissioner for England, in respect of—
the Commissioner's functions set out in paragraph 11 of Schedule 1 to the Health Service Commissioners Act 1993; and
the Commissioner's public procurement functions (as defined in section 155(3) of this Act).
The Infected Blood Compensation Authority.
...
An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.
An NHS trust established under section 25 of the National Health Service Act 2006.
...
A Special Health Authority established under section 28 of that Act other than NHS Blood and Transplant and the NHS Business Services Authority.
...
...
The Health Services Safety Investigations Body.
The National Data Guardian for Health and Social Care.
The National Institute for Health and Care Excellence.
Industry, business, finance etc.
The Advanced Research and Invention Agency.
The Advisory, Conciliation and Arbitration Service.
The Bank of England (including the Bank in its capacity as the Prudential Regulation Authority), in respect of its public functions.
The Board of the Pension Protection Fund.
The Civil Aviation Authority.
...
The Coal Authority.
...
The Comptroller and Auditor General.
The Construction Industry Training Board.
The Engineering Construction Industry Training Board.
The Financial Conduct Authority.
The Financial Reporting Council Limited.
The Independent System Operator and Planner designated in accordance with section 162 of the Energy Act 2023 (c. 52).
The Money and Pensions Service.
The National Audit Office.
The Nuclear Decommissioning Authority.
The Office for Budget Responsibility.
The Office of Communications.
...
The Oil and Gas Authority.
The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
The Trade Remedies Authority.
...
...
United Kingdom Research and Innovation.
Local government
A county council, district council or parish council in England.
A parish meeting constituted under section 13 of the Local Government Act 1972.
Charter trustees constituted under section 246 of that Act for an area in England.
The Greater London Authority.
A London borough council.
The Common Council of the City of London in its capacity as a local authority or port health authority.
The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in that person's capacity as a local authority.
...
The London Fire Commissioner,
Transport for London.
A Mayoral development corporation.
The Council of the Isles of Scilly.
The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988.
...
A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in England.
A fire and rescue authority created by an order under section 4A of that Act.
An internal drainage board which is continued in being by virtue of section 1 of the Land Drainage Act 1991 for an area in England.
A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in England.
A Passenger Transport Executive for an integrated transport area in England (within the meaning of Part 2 of the Transport Act 1968).
A port health authority constituted by an order under section 2 of the Public Health (Control of Disease) Act 1984 for an area in England.
A waste disposal authority established by virtue of an order under section 10(1) of the Local Government Act 1985.
A joint authority established under Part 4 of that Act for an area in England (including, by virtue of section 77(9) of the Local Transport Act 2008, an Integrated Transport Authority established under Part 5 of that Act of 2008).
A sub-national transport body established under section 102E of the Local Transport Act 2008.
A body corporate established pursuant to an order under section 67 of the Local Government Act 1985.
A joint committee constituted in accordance with section 102(1)(b) of the Local Government Act 1972 for an area in England.
A joint board which is continued in being by virtue of section 263(1) of that Act for an area in England.
...
A Local Commissioner in England as defined by section 23(3) of the Local Government Act 1974, in respect of—
the Commissioner's functions under sections 29(6A) and 34G(6) of that Act, and section 210(5) of the Apprenticeships, Skills, Children and Learning Act 2009; and
the Commissioner's public procurement functions (as defined in section 155(3) of this Act).
...
A combined authority established by an order made under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009.
A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
An economic prosperity board established by an order made under section 88(1) of the Local Democracy, Economic Development and Construction Act 2009.
An urban development corporation established by an order made under section 135 of the Local Government, Planning and Land Act 1980.
Other educational bodies
The governing body of an educational establishment maintained by an English local authority (within the meaning of section 162 of the Education and Inspections Act 2006).
The governing body of an institution in England within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).
The governing body of an institution in England within the higher education sector (within the meaning of section 91(5) of that Act).
...
A local authority with respect to the pupil referral units it establishes and maintains by virtue of section 19 or 19A of the Education Act 1996.
The National Citizen Service Trust.
The Office for Students.
The proprietor of a City Technology College, a City College for Technology of the Arts, or an Academy.
Parliamentary and devolved bodies
The National Assembly for Wales Commission (Comisiwn Cynulliad Cenedlaethol Cymru).
The Parliamentary Commissioner for Administration, in respect of—
the Commissioner's functions set out in section 3(1) and (1A) of the Parliamentary Commissioner Act 1967; and
the Commissioner's public procurement functions (as defined in section 155(3) of this Act).
The Scottish Parliamentary Corporate Body.
Police
The British Transport Police Force.
A chief constable of a police force maintained under section 2 of the Police Act 1996.
The Chief Inspector of the UK Border Agency.
The Civil Nuclear Police Authority.
The College of Policing.
The Commissioner of Police for the City of London.
The Commissioner of Police of the Metropolis.
The Common Council of the City of London in its capacity as a police authority.
The Director General of the Independent Office for Police Conduct.
The Independent Office for Police Conduct.
...
A police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.
The Mayor's Office for Policing and Crime established under section 3 of that Act.
A Port Police Force established under an order made under section 14 of the Harbours Act 1964.
The Port Police Force established under Part 10 of the Port of London Act 1968.
A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.
...
Regulators
...
The Association of Chartered Certified Accountants, in respect of its public functions.
...
The Building Safety Regulator
The Chartered Institute of Patent Attorneys, in respect of its public functions.
The Council for Licensed Conveyancers, in respect of its public functions.
The Disclosure and Barring Service.
The Gambling Commission.
...
The General Chiropractic Council, in respect of its public functions.
The General Council of the Bar, in respect of its public functions.
The General Dental Council, in respect of its public functions.
The General Medical Council, in respect of its public functions.
The General Optical Council, in respect of its public functions.
The General Osteopathic Council, in respect of its public functions.
The General Pharmaceutical Council, in respect of its public functions.
The Health and Safety Executive.
The Health and Care Professions Council, in respect of its public functions.
The Office for Nuclear Regulation.
The Independent Football Regulator.
The Independent Monitor appointed under section 119B of the Police Act 1997.
The Insolvency Practitioners Association, in respect of its public functions.
The Institute of Chartered Accountants in England and Wales, in respect of its public functions.
The Institute of Legal Executives, in respect of its public functions.
The Institute of Trade Mark Attorneys, in respect of its public functions.
The Law Society of England and Wales, in respect of its public functions.
The Local Audit Office.
The Nursing and Midwifery Council, in respect of its public functions.
The Office of the Immigration Services Commissioner.
The Pensions Regulator.
The Regulator of Social Housing.
The Security Industry Authority.
Social Work England.
Transport
High Speed Two (HS2) Limited.
A public sector company providing services for the carriage of passengers by railway under a public service contract awarded under section 30 of the Railways Act 1993 (public sector provision of services).
A strategic highways company appointed under section 1 of the Infrastructure Act 2015
Network Rail Limited.
Part 2 Public authorities: relevant Welsh authorities
Welsh Assembly Government, etc.
The Welsh Ministers.
The First Minister for Wales.
The Counsel General to the Welsh Assembly Government.
A subsidiary of the Welsh Ministers (within the meaning given by section 134(4) of the Government of Wales Act 2006).
National Health Service
A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
An NHS trust established under section 18 of that Act.
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Local government
A corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021.
A county council or county borough council in Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Other educational bodies
The Commission for Tertiary Education and Research or Y Comisiwn Addysg Drydyddol ac Ymchwil.
The governing body of an educational establishment maintained by a Welsh local authority (within the meaning of section 162 of the Education and Inspections Act 2006).
The governing body of an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).
The governing body of an institution in Wales within the higher education sector (within the meaning of section 91(5) of that Act).
...
The General Teaching Council for Wales or Cyngor Addysgu Cyffredinol Cymru.
Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
Qualifications Wales.
Other public authorities
The Welsh Revenue Authority or Awdurdod Cyllid Cymru.
The Auditor General for Wales or Archwilydd Cyffredinol Cymru.
The Citizen Voice Body for Health and Social Care, Wales or Corff Llais y Dinesydd ar gyfer Iechyd a Gofal Cymdeithasol, Cymru.
The Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru.
Social Care Wales or Gofal Cymdeithasol Cymru.
The Arts Council for Wales or Cyngor Celfyddydau Cymru.
The National Museum of Wales or Amgueddfa Genedlaethol Cymru.
The National Library of Wales or Llyfrgell Genedlaethol Cymru.
The Sports Council for Wales or Cyngor Chwaraeon Cymru.
Comisiynydd y Gymraeg (The Welsh Language Commissioner).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Commissioner for Older People in Wales or Comisiynydd Pobl Hŷn Cymru.
The Children's Commissioner for Wales or Comisiynydd Plant Cymru.
The Wales Audit Office or Swyddfa Archwilio Cymru.
Part 3 Public authorities: relevant Scottish authorities
Scottish Administration
An office-holder in the Scottish Administration (within the meaning given by section 126(7)(a) of the Scotland Act 1998).
National Health Service
A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.
A Special Health Board constituted under that section.
Local government
A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
A community council established under section 51 of the Local Government (Scotland) Act 1973.
A joint board within the meaning of section 235(1) of that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A licensing board established under section 5 of the Licensing (Scotland) Act 2005, or continued in being by virtue of that section.
A National Park authority established by a designation order made under section 6 of the National Parks (Scotland) Act 2000.
Scottish Enterprise and Highlands and Islands Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990.
Other educational bodies
An education authority in Scotland (within the meaning of section 135(1) of the Education (Scotland) Act 1980).
The managers of a grant-aided school (within the meaning of that section).
The board of management of a college of further education (within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992).
In the case of such a college of further education not under the management of a board of management, the board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors.
The governing body of an institution within the higher education sector (within the meaning of Part 2 of the Further and Higher Education (Scotland) Act 1992).
Police and Fire
The Scottish Police Authority.
The chief constable of the Police Service of Scotland.
The Scottish Fire and Rescue Service.
The Chief Officer of the Scottish Fire and Rescue Service.
Other bodies and offices added on 6th April 2011
Accounts Commission for Scotland.
Audit Scotland.
Board of Trustees of the National Galleries of Scotland.
Board of Trustees of the National Museums of Scotland.
Board of Trustees of the Royal Botanic Garden, Edinburgh.
Bòrd na Gàidhlig.
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Commissioner for Children and Young People in Scotland.
Commission for Ethical Standards in Public Life in Scotland.
The Common Services Agency for the Scottish Health Service.
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Creative Scotland.
The Crofters Commission.
The General Teaching Council for Scotland.
Healthcare Improvement Scotland
Learning and Teaching Scotland.
The Mental Welfare Commission for Scotland.
The Police Complaints Commissioner for Scotland.
Quality Meat Scotland.
A regional Transport Partnership created by an order under section 1(1) of the Transport (Scotland) Act 2005.
Risk Management Authority.
Royal Commission on the Ancient and Historical Monuments of Scotland.
Scottish Children's Reporter Administration.
Scottish Commission for Human Rights.
The Scottish Criminal Cases Review Commission.
Scottish Environment Protection Agency.
Scottish Further and Higher Education Funding Council.
Scottish Futures Trust Ltd.
Scottish Information Commissioner.
The Scottish Legal Aid Board.
The Scottish Legal Complaints Commission.
Scottish Natural Heritage.
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Scottish Public Services Ombudsman.
Scottish Qualifications Authority.
The Scottish Road Works Commissioner.
The Scottish Social Services Council.
The Scottish Sports Council.
Scottish Water.
Skills Development Scotland.
Social Care and Social Work Improvement Scotland.
The Standards Commission for Scotland.
The National Library of Scotland.
VisitScotland.
A Water Customer Consultation Panel.
The Water Industry Commission for Scotland.
Other bodies and offices added on 5th March 2012
Children's Hearings Scotland.
The National Convener of Children's Hearings Scotland.
Other bodies added on 1st April 2015
Historic Environment Scotland.
An integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014.
A regional board (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005).
Other body added on 28th June 2018
ILF Scotland.
Other body added on 26th November 2020
The Scottish National Investment Bank p.l.c.
Other office added on 1st December 2020
Scottish Biometrics Commissioner.
Other body added on 23rd December 2021
South of Scotland Enterprise.
Other bodies and offices added on 1st July 2024
Community Justice Scotland
Patient Safety Commissioner for Scotland
Other body added on 1st December 2025
Zero Waste Scotland Limited.
PART 4 PUBLIC AUTHORITIES: CROSS-BORDER AUTHORITIES
Cross-border Welsh authorities
The Environment Agency – D
The Natural Resources Body for Wales – A
NHS Blood and Transplant – D
The NHS Business Services Authority – D
The Student Loans Company Limited – D
Section 189
Preliminary
1 This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15.
Binding obligations, etc.
2 (1) This paragraph applies if—
(a) a binding obligation requires A to obtain the consent of another person to an alteration of premises which A occupies,
(b) where A is a controller of let premises, a binding obligation requires A to obtain the consent of another person to a variation of a term of the tenancy, or
(c) where A is a responsible person in relation to common parts, a binding obligation requires A to obtain the consent of another person to an alteration of the common parts.
(2) For the purpose of discharging a duty to make reasonable adjustments—
(a) it is always reasonable for A to have to take steps to obtain the consent, but
(b) it is never reasonable for A to have to make the alteration before the consent is obtained.
(3) In this Schedule, a binding obligation is a legally binding obligation in relation to premises, however arising; but the reference to a binding obligation in sub-paragraph (1)(a) or (c) does not include a reference to an obligation imposed by a tenancy.
(4) The steps referred to in sub-paragraph (2)(a) do not include applying to a court or tribunal.
Landlord's consent
3 (1) This paragraph applies if—
(a) A occupies premises under a tenancy,
(b) A is proposing to make an alteration to the premises so as to comply with a duty to make reasonable adjustments, and
(c) but for this paragraph, A would not be entitled to make the alteration.
(2) This paragraph also applies if—
(a) A is a responsible person in relation to common parts,
(b) A is proposing to make an alteration to the common parts so as to comply with a duty to make reasonable adjustments,
(c) A is the tenant of property which includes the common parts, and
(d) but for this paragraph, A would not be entitled to make the alteration.
(3) The tenancy has effect as if it provided—
(a) for A to be entitled to make the alteration with the written consent of the landlord,
(b) for A to have to make a written application for that consent,
(c) for the landlord not to withhold the consent unreasonably, and
(d) for the landlord to be able to give the consent subject to reasonable conditions.
(4) If a question arises as to whether A has made the alteration (and, accordingly, complied with a duty to make reasonable adjustments), any constraint attributable to the tenancy must be ignored unless A has applied to the landlord in writing for consent to the alteration.
(5) For the purposes of sub-paragraph (1) or (2), A must be treated as not entitled to make the alteration if the tenancy—
(a) imposes conditions which are to apply if A makes an alteration, or
(b) entitles the landlord to attach conditions to a consent to the alteration.
Proceedings before county court or sheriff
4 (1) This paragraph applies if, in a case within Part 3, 4, 6 or 7 of this Act—
(a) A has applied in writing to the landlord for consent to the alteration, and
(b) the landlord has refused to give consent or has given consent subject to a condition.
(2) A (or a disabled person with an interest in the alteration being made) may refer the matter to the county court or, in Scotland, the sheriff.
(3) The county court or sheriff must determine whether the refusal or condition is unreasonable.
(4) If the county court or sheriff finds that the refusal or condition is unreasonable, the county court or sheriff—
(a) may make such declaration as it thinks appropriate;
(b) may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified).
Joining landlord as party to proceedings
5 (1) This paragraph applies to proceedings relating to a contravention of this Act by virtue of section 20.
(2) A party to the proceedings may request the employment tribunal, county court or sheriff (“the judicial authority”) to direct that the landlord is joined or sisted as a party to the proceedings.
(3) The judicial authority—
(a) must grant the request if it is made before the hearing of the complaint or claim begins;
(b) may refuse the request if it is made after the hearing begins;
(c) must refuse the request if it is made after the complaint or claim has been determined.
(4) If the landlord is joined or sisted as a party to the proceedings, the judicial authority may determine whether—
(a) the landlord has refused to consent to the alteration;
(b) the landlord has consented subject to a condition;
(c) the refusal or condition was unreasonable.
(5) If the judicial authority finds that the refusal or condition was unreasonable, it—
(a) may make such declaration as it thinks appropriate;
(b) may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified);
(c) may order the landlord to pay compensation to the complainant or claimant.
(6) An employment tribunal may act in reliance on sub-paragraph (5)(c) instead of, or in addition to, acting in reliance on section 124(2); but if it orders the landlord to pay compensation it must not do so in reliance on section 124(2).
(7) If the county court or the sheriff orders the landlord to pay compensation, it may not order A to do so.
Regulations
6 (1) Regulations may make provision as to circumstances in which a landlord is taken for the purposes of this Schedule to have—
(a) withheld consent;
(b) withheld consent reasonably;
(c) withheld consent unreasonably.
(2) Regulations may make provision as to circumstances in which a condition subject to which a landlord gives consent is taken—
(a) to be reasonable;
(b) to be unreasonable.
(3) Regulations may make provision supplementing or modifying the preceding paragraphs of this Schedule, or provision made under this paragraph, in relation to a case where A's tenancy is a sub-tenancy.
(4) Provision made by virtue of this paragraph may amend the preceding paragraphs of this Schedule.
Interpretation
7 An expression used in this Schedule and in Schedule 2, 4, 8, 13 or 15 has the same meaning in this Schedule as in that Schedule.
Section 191
Statutory authority
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.
Specified provision | Protected characteristic | Requirement
Parts 3 to 7 | Age | A requirement of an enactment
Parts 3 to 7 and 12 | Disability | A requirement of an enactment
A relevant requirement or condition imposed by virtue of an enactment
Parts 3 to 7 | Religion or belief | A requirement of an enactment
A relevant requirement or condition imposed by virtue of an enactment
Section 29(6) and Parts 6 and 7 | Sex | A requirement of an enactment
Parts 3, 4, 6 and 7 | Sexual orientation | A 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.
Protection of women
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—
(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.
Educational appointments, etc: religious belief
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.
(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;
(ca) a registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;
(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.
4 A 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).
(d) section 124AA(5) to (7) of that Act (religious considerations relating to certain teachers at Academies with religious character).
Crown employment, etc.
5 (1) A person does not contravene this Act—
(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)).
Section 196
Acts authorised by statute or the executive
1 (1) This paragraph applies to anything done—
(a) in pursuance of an enactment;
(b) in pursuance of an instrument made by a member of the executive under an enactment;
(c) to comply with a requirement imposed (whether before or after the passing of this Act) by a member of the executive by virtue of an enactment;
(d) in pursuance of arrangements made (whether before or after the passing of this Act) by or with the approval of, or for the time being approved by, a Minister of the Crown;
(e) to comply with a condition imposed (whether before or after the passing of this Act) by a Minister of the Crown.
(2) A person does not contravene Part 3, 4, 5 or 6 by doing anything to which this paragraph applies which discriminates against another because of the other's nationality.
(3) A person (A) does not contravene Part 3, 4, 5 or 6 if, by doing anything to which this paragraph applies, A discriminates against another (B) by applying to B a provision, criterion or practice which relates to—
(a) B's place of ordinary residence;
(b) the length of time B has been present or resident in or outside the United Kingdom or an area within it.
Organisations relating to religion or belief
2 (1) This paragraph applies to an organisation the purpose of which is—
(a) to practise a religion or belief,
(b) to advance a religion or belief,
(c) to teach the practice or principles of a religion or belief,
(d) to enable persons of a religion or belief to receive any benefit, or to engage in any activity, within the framework of that religion or belief, or
(e) to foster or maintain good relations between persons of different religions or beliefs.
(2) This paragraph does not apply to an organisation whose sole or main purpose is commercial.
(3) The organisation does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting—
(a) membership of the organisation;
(b) participation in activities undertaken by the organisation or on its behalf or under its auspices;
(c) the provision of goods, facilities or services in the course of activities undertaken by the organisation or on its behalf or under its auspices;
(d) the use or disposal of premises owned or controlled by the organisation.
(4) A person does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by doing anything mentioned in sub-paragraph (3) on behalf of or under the auspices of the organisation.
(5) A minister does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting—
(a) participation in activities carried on in the performance of the minister's functions in connection with or in respect of the organisation;
(b) the provision of goods, facilities or services in the course of activities carried on in the performance of the minister's functions in connection with or in respect of the organisation.
(6) Sub-paragraphs (3) to (5) permit a restriction relating to religion or belief only if it is imposed—
(a) because of the purpose of the organisation, or
(b) to avoid causing offence, on grounds of the religion or belief to which the organisation relates, to persons of that religion or belief.
(7) Sub-paragraphs (3) to (5) permit a restriction relating to sexual orientation only if it is imposed—
(a) because it is necessary to comply with the doctrine of the organisation, or
(b) to avoid conflict with strongly held convictions within sub-paragraph (9).
(8) In sub-paragraph (5), the reference to a minister is a reference to a minister of religion, or other person, who—
(a) performs functions in connection with a religion or belief to which the organisation relates, and
(b) holds an office or appointment in, or is accredited, approved or recognised for the purposes of the organisation.
(9) The strongly held convictions are—
(a) in the case of a religion, the strongly held religious convictions of a significant number of the religion's followers;
(b) in the case of a belief, the strongly held convictions relating to the belief of a significant number of the belief's followers.
(9A) An organisation does not contravene Part 3, 4 or 7 only by refusing to allow premises owned or controlled by the organisation to be used—
(a) to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex;
(aa) to solemnise a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other;
(b) to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex or that it is between two persons of the opposite sex.
(9B) A person (or a group of persons) does not contravene Part 3, 4 or 7 only by refusing to allow premises owned or controlled by the person (or the group) on behalf of an organisation to be used—
(a) to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex;
(aa) to solemnise a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other;
(b) to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex or that it is between two persons of the opposite sex.
(9C) An organisation does not contravene section 29 only by allowing an approved celebrant of the organisation to act as set out in sub-paragraph (1), (1A) or (2) of paragraph 25B of Schedule 3.
(9D) In sub-paragraphs (9A) to (9C), “approved celebrant”, “relevant Scottish marriage” and “relevant Scottish civil partnership” have the same meaning as in paragraph 25B of Schedule 3.
(10) This paragraph does not permit anything which is prohibited by section 29, so far as relating to sexual orientation, if it is done—
(a) on behalf of a public authority, and
(b) under the terms of a contract between the organisation and the public authority.
(11) In the application of this paragraph in relation to sexual orientation, sub-paragraph (1)(e) must be ignored.
(12) In the application of this paragraph in relation to sexual orientation, in sub-paragraph (3)(d), “disposal” does not include disposal of an interest in premises by way of sale if the interest being disposed of is—
(a) the entirety of the organisation's interest in the premises, or
(b) the entirety of the interest in respect of which the organisation has power of disposal.
(13) In this paragraph—
(a) “disposal” is to be construed in accordance with section 38;
(b) “public authority” has the meaning given in section 150(1).
Communal accommodation
3 (1) A person does not contravene this Act, so far as relating to sex discrimination or gender reassignment discrimination, only because of anything done in relation to—
(a) the admission of persons to communal accommodation;
(b) the provision of a benefit, facility or service linked to the accommodation.
(2) Sub-paragraph (1)(a) does not apply unless the accommodation is managed in a way which is as fair as possible to both men and women.
(3) In applying sub-paragraph (1)(a), account must be taken of—
(a) whether and how far it is reasonable to expect that the accommodation should be altered or extended or that further accommodation should be provided, and
(b) the frequency of the demand or need for use of the accommodation by persons of one sex as compared with those of the other.
(4) In applying sub-paragraph (1)(a) in relation to gender reassignment, account must also be taken of whether and how far the conduct in question is a proportionate means of achieving a legitimate aim.
(5) Communal accommodation is residential accommodation which includes dormitories or other shared sleeping accommodation which for reasons of privacy should be used only by persons of the same sex.
(6) Communal accommodation may include—
(a) shared sleeping accommodation for men and for women;
(b) ordinary sleeping accommodation;
(c) residential accommodation all or part of which should be used only by persons of the same sex because of the nature of the sanitary facilities serving the accommodation.
(7) A benefit, facility or service is linked to communal accommodation if—
(a) it cannot properly and effectively be provided except for those using the accommodation, and
(b) a person could be refused use of the accommodation in reliance on sub-paragraph (1)(a).
(8) This paragraph does not apply for the purposes of Part 5 (work) unless such arrangements as are reasonably practicable are made to compensate for—
(a) in a case where sub-paragraph (1)(a) applies, the refusal of use of the accommodation;
(b) in a case where sub-paragraph (1)(b) applies, the refusal of provision of the benefit, facility or service.
Training provided to non-... residents, etc.
4 (1) A person (A) does not contravene this Act, so far as relating to nationality, only by providing a non-resident (B) with training, if A thinks that B does not intend to exercise in Great Britain skills B obtains as a result.
(2) A non-resident is a person who is not ordinarily resident in Great Britain.
(3) The reference to providing B with training is—
(a) if A employs B in relevant employment, a reference to doing anything in or in connection with the employment;
(b) if A as a principal allows B to do relevant contract work, a reference to doing anything in or in connection with allowing B to do the work;
(c) in a case within paragraph (a) or (b) or any other case, a reference to affording B access to facilities for education or training or ancillary benefits.
(4) Employment or contract work is relevant if its sole or main purpose is the provision of training in skills.
(5) In the case of training provided by the armed forces or Secretary of State for purposes relating to defence, sub-paragraph (1) has effect as if—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in sub-paragraph (4), for “its sole or main purpose is” there were substituted “ it is for purposes including ”.
(6) “Contract work” and “principal” each have the meaning given in section 41.
Section 206
Service providers
1 (1) This paragraph applies where a person concerned with the provision of an information society service (an “information society service provider”) is established in Great Britain.
(2) This Act applies to anything done by the person in an EEA state (other than the United Kingdom) in providing the service as this Act would apply if the act in question were done by the person in Great Britain.
2 (1) This paragraph applies where an information society service provider is established in an EEA state (other than the United Kingdom).
(2) This Act does not apply to anything done by the person in providing the service.
Exceptions for mere conduits
3 (1) An information society service provider does not contravene this Act only by providing so much of an information society service as consists in—
(a) the provision of access to a communication network, or
(b) the transmission in a communication network of information provided by the recipient of the service.
(2) But sub-paragraph (1) applies only if the service provider does not—
(a) initiate the transmission,
(b) select the recipient of the transmission, or
(c) select or modify the information contained in the transmission.
(3) For the purposes of sub-paragraph (1), the provision of access to a communication network, and the transmission of information in a communication network, includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
(4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for caching
4 (1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.
(2) The information society service provider does not contravene this Act only by doing anything in connection with the automatic, intermediate and temporary storage of information so provided if—
(a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and
(b) the condition in sub-paragraph (3) is satisfied.
(3) The condition is that the service-provider—
(a) does not modify the information,
(b) complies with such conditions as are attached to having access to the information, and
(c) (where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.
(4) This sub-paragraph applies if the service-provider obtains actual knowledge that—
(a) the information at the initial source of the transmission has been removed from the network,
(b) access to it has been disabled, or
(c) a court or administrative authority has required the removal from the network of, or the disablement of access to, the information.
Exception for hosting
5 (1) An information society service provider does not contravene this Act only by doing anything in providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if—
(a) the service provider had no actual knowledge when the information was provided that its provision amounted to a contravention of this Act, or
(b) on obtaining actual knowledge that the provision of the information amounted to a contravention of that section, the service provider expeditiously removed the information or disabled access to it.
(2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority of the control of the service provider.
Monitoring obligations
6 An injunction or interdict under Part 1 of the Equality Act 2006 may not impose on a person concerned with the provision of a service of a description given in paragraph 3(1), 4(1) or 5(1)—
(a) a liability the imposition of which would contravene Article 12, 13 or 14 of the E-Commerce Directive;
(b) a general obligation of the description given in Article 15 of that Directive.
Interpretation
7 (1) This paragraph applies for the purposes of this Schedule.
(2) “Information society service”—
(a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
(b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”.
(3) “The E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
(4) “Recipient” means a person who (whether for professional purposes or not) uses an information society service, in particular for seeking information or making it accessible.
(5) An information society service-provider is “established” in a country or territory if the service-provider—
(a) effectively pursues an economic activity using a fixed establishment in that country or territory for an indefinite period, and
(b) is a national of an EEA state or a body mentioned in Article 54 of the Treaty on the Functioning of the European Union .
(6) The presence or use in a particular place of equipment or other technical means of providing an information society service is not itself sufficient to constitute the establishment of a service-provider.
(7) Where it cannot be decided from which of a number of establishments an information society service is provided, the service is to be regarded as provided from the establishment at the centre of the information society service provider's activities relating to that service.
(8) Section 212(4) does not apply to references to providing a service.
Section 211
Part 1 Acts of Parliament
Disabled Persons (Employment) Act 1944
1 In section 15 of the Disabled Persons (Employment) Act 1944 (provision of employment for seriously disabled persons), in subsection (5A), for “the Disability Discrimination Act 1995” substitute “ the Equality Act 2010 ”.
Teaching Council (Scotland) Act 1965
2 In section 1(3) of the Teaching Council (Scotland) Act 1965, for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
Employment and Training Act 1973
3 In section 12(1) of the Employment and Training Act 1973 (duty of Secretary of State to give preference to ex-service men and women when exercising power to select disabled persons for employment, training, etc.), for “has the same meaning as in the Disability Discrimination Act 1995” substitute “ has the same meaning as in the Equality Act 2010 ”.
Estate Agents Act 1979
4 The Estate Agents Act 1979 is amended as follows.
5 In section 5(3) (supplementary provisions about prohibition and warning orders)—
(a) for “section 62 of the Sex Discrimination Act 1975, section 53 of the Race Relations Act 1976” substitute “ section 113 of the Equality Act 2010 (proceedings) ”; and
(b) omit “those Acts and”.
6 (1) Schedule 1 (provisions supplementary to section 3(1)) is amended as follows.
(2) For paragraph 2 substitute—
2 (1) A person commits discrimination for the purposes of section 3(1)(b) in the following cases only.
(2) The first case is where—
(a) the person has been found to have contravened a relevant equality provision, and
(b) no appeal against the finding is pending or can be brought.
(3) The second case is where—
(a) the person has been given an unlawful act notice under section 21 of the Equality Act 2006,
(b) the notice specifies a relevant equality provision as the provision by virtue of which the act in question is unlawful, and
(c) no appeal against the giving of the notice is pending or can be brought.
(4) The third case is where—
(a) the person is the subject of an injunction, interdict or order under section 24 of the Equality Act 2006 (unlawful acts), and
(b) the unlawful act in question is a contravention of a relevant equality provision.
(5) The relevant equality provisions are—
(a) Parts 3 and 4 of the Equality Act 2010 (services and premises) so far as relating to discrimination and victimisation, and
(b) section 112 of that Act (aiding contraventions) in relation to either of those Parts of that Act so far as relating to discrimination and victimisation.
(3) In paragraph 3 for “discrimination” substitute “ a contravention of a relevant equality provision ”.
(4) For paragraph 4 substitute—
4 For the purposes of paragraphs 2 and 3 “discrimination” and “victimisation” have the same meaning as in the Equality Act 2010.
.
Civic Government (Scotland) Act 1982
7 (1) Section 20 of the Civic Government (Scotland) Act 1982 (regulations relating to taxis and private hire cars and their drivers) is amended as follows.
(2) In subsection (2A) for “section 1(2) of the Disability Discrimination Act 1995” substitute “ section 6 of the Equality Act 2010 ”.
(3) In subsection (2AA) for “section 1(2) of the Disability Discrimination Act 1995 (c.50)” substitute “ section 6 of the Equality Act 2010 ”.
Housing (Scotland) Act 1987
8 In section 338(1) of the Housing (Scotland) Act 1987 (interpretation) in the definition of “disabled person” for “Disability Discrimination Act 1995 (c.50),” substitute “ Equality Act 2010, ”.
Local Government Act 1988
9 Part 2 of the Local Government Act 1988 (public supply or works contracts) is amended as follows.
10 In section 17 (local and other public authority contracts: exclusion of non-commercial considerations)—
(a) omit subsection (9), and
(b) after that subsection insert—
(10) This section does not prevent a public authority to which it applies from exercising any function regulated by this section with reference to a non-commercial matter to the extent that the authority considers it necessary or expedient to do so to enable or facilitate compliance with—
(a) the duty imposed on it by section 149 of the Equality Act 2010 (public sector equality duty), or
(b) any duty imposed on it by regulations under section 153 or 154 of that Act (powers to impose specific duties).
11 Omit section 18 (exceptions to section 17 relating to race relations matters).
12 In section 19 (provisions supplementary to or consequential on section 17) omit subsection (10).
Employment Act 1989
13 The Employment Act 1989 is amended as follows.
14 In section 8 (exemption for discrimination in favour of lone parents in connection with training), in subsection (2), for the words from “for the purposes of the 1975 Act” to the end substitute “for the purposes of the Equality Act 2010 as giving rise to any contravention of Part 5 of that Act, so far as relating to marriage and civil partnership discrimination (within the meaning of that Act).
15 (1) Section 12 . . . (Sikhs: requirements as to safety helmets) is amended as follows.
(2) In subsection (1), for “requirement or condition”, in the first three places, substitute “ provision, criterion or practice ”.
(3) In that subsection, for the words from “section 1(1)(b)” to the end substitute “ section 19 of the Equality Act 2010 (indirect discrimination), the provision, criterion or practice is to be taken as one in relation to which the condition in subsection (2)(d) of that section (proportionate means of achieving a legitimate aim) is satisfied ”.
(4) In subsection (2), for the words from “the Race Relations Act” to the end substitute “ section 13 of the Equality Act 2010 as giving rise to discrimination against any other person ”.
16 In section 28 (orders etc.), omit subsections (2), (3) and (4)(a).
17 In section 29(1) (interpretation), omit the definition of “the 1975 Act”.
Local Government and Housing Act 1989
18 In section 7(2) of the Local Government and Housing Act 1989 (requirement for appointments to be on merit to be subject to discrimination law)—
(a) omit paragraphs (c), (d) and (f), and
(b) at the end insert—
(g) sections 39, 40 and 49 to 51 of the Equality Act 2010 (employees and office-holders), so far as relating to disability, and Schedule 8 to that Act (reasonable adjustments for disabled persons) so far as it applies in relation to sections 39 and 49 to 51 of that Act;
(h) paragraph 1 of Schedule 9 to that Act (occupational requirements), so far as relating to sex, pregnancy and maternity, marriage and civil partnership, gender reassignment or race.
.
Enterprise and New Towns (Scotland) Act 1990
19 The Enterprise and New Towns (Scotland) Act 1990 is amended as follows.
20 In section 2(4)(a) (functions in relation to training for employment etc.) for “section 3(1) of the Race Relations Act 1976” substitute “ section 9 of the Equality Act 2010 ”.
21 In section 16(2) (courses of training etc.: duty to give preference to certain categories) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
22 For section 17 (encouragement of women, members of minority racial groups and disabled persons to take advantage of opportunities for certain work etc) substitute—
Encouragement of women, members of ethnic minorities and disabled persons to take up certain employment opportunities and training
17 (1) Scottish Enterprise and Highlands and Islands Enterprise shall each, in exercising its functions, promote such actings by any employer as are lawful by virtue of section 158 of the Equality Act 2010 (the “2010 Act”) (positive action: general) in relation to—
(a) affording access to facilities for training, and
(b) encouraging persons to take advantage of opportunities for taking up that employer's work.
(2) This section applies to the protected characteristics of sex, race and disability within the meaning of the 2010 Act.
(3) This section is without prejudice to paragraph (a) of section 2(4) of this Act or to any provision of the 2010 Act prohibiting discrimination within the meaning of that Act.
.
Further and Higher Education Act 1992
23 In section 62(7B) of the Further and Higher Education Act 1992 (higher education funding councils) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
Trade Union and Labour Relations (Consolidation) Act 1992
24 (1) Schedule A2 to the Trade Union and Labour Relations (Consolidation) Act 1992 (tribunal jurisdictions where failure by employer or employee to comply with applicable code of practice may affect the level of damages) is amended as follows.
(2) Omit the entries relating to—
(a) the Equal Pay Act 1970;
(b) the Sex Discrimination Act 1975;
(c) the Race Relations Act 1976;
(d) the Disability Discrimination Act 1995;
(e) the Employment Equality (Sexual Orientation) Regulations 2003;
(f) the Employment Equality (Religion or Belief) Regulations 2003;
(g) the Employment Equality (Age) Regulations 2006.
(3) At the end of the entries relating to provisions of Acts, insert—
“Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”
Trade Union Reform and Employment Rights Act 1993
25 In section 39(2) of the Trade Union Reform and Employment Rights Act 1993 (agreements not to take proceedings before employment tribunal) omit “the Sex Discrimination Act 1975, the Race Relations Act 1976, and”.
26 In Schedule 6 (compromise contracts) omit paragraphs 1 and 2.
Employment Tribunals Act 1996
27 The Employment Tribunals Act 1996 is amended as follows.
28 In section 5(2)(c) (remuneration, fees and allowances) for “2A(1)(b) of the Equal Pay Act 1970” substitute “ 131(2) of the Equality Act 2010 ”.
29 In section 7(3)(h) (employment tribunal procedure regulations) for “2A(1)(b) of the Equal Pay Act 1970” substitute “ 131(2) of the Equality Act 2010 ”.
30 In section 12(1) (restriction of publicity in disability cases) for “section 17A or 25(8) of the Disability Discrimination Act 1995” substitute “ section 120 of the Equality Act 2010, where the complaint relates to disability ”.
31 In section 18(1) (tribunal proceedings to which conciliation provisions apply)—
(a) for paragraph (a) substitute—
(a) under section 120 or 127 of the Equality Act 2010,
, and
(b) omit paragraphs (c), (k), (l) and (r).
32 In section 21(1) (Jurisdiction of appeal tribunal)—
(a) omit paragraphs (a), (b), (c), (e),(l), (m) and (s); and.
(b) at the end of the entries relating to provisions in Acts, insert—
(ge) the Equality Act 2010,
.
Employment Rights Act 1996
33 (1) Section 126 of the Employment Rights Act 1996 (acts which are both unfair dismissal and discrimination) is amended as follows.
(2) In subsection (1) for paragraph (b) substitute—
(b) the Equality Act 2010.
.
(3) In subsection (2)—
(a) for “any one of those Acts or Regulations” substitute “ either of those Acts ”, and
(b) for “any other of them” substitute “ the other ”.
Housing Grants, Construction and Regeneration Act 1996
34 In section 126 of the Housing Grants, Construction and Regeneration Act 1996 (Secretary of State's power to give financial assistance etc), in subsection (3), in the definition of “racial group”, for “the Race Relations Act 1976” substitute “ section 9 of the Equality Act 2010 ”.
Education Act 1996
35 The Education Act 1996 is amended as follows.
36 (1) Section 317 of the Education Act 1996 (duties of governing bodies etc in relation to pupils with special educational needs) is amended as follows.
(2) In subsection (6)(b)(iv) for “section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”)” substitute “ paragraph 3 of Schedule 10 to the Equality Act 2010 (“the 2010 Act”) ”.
(3) For subsection (6A) substitute—
(6A) In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 2010 Act; and section 89 (interpretation of Part 6) of, and paragraph 6 of Schedule 10 (supplementary provisions for Schedule 10) to, the 2010 Act apply for the purposes of subsection (6)(b) as they apply for the purposes of Part 6 of and Schedule 10 to that Act.
.
37 In section 336(4A) (tribunal procedure) for “claim under Chapter 1 of Part 4 of the Disability Discrimination Act 1995” substitute “ claim in relation to a contravention of Chapter 1 of Part 6 of the Equality Act 2010 so far as relating to disability. ”.
38 In section 509AC(5)(interpretation etc), in the definition of “disabled person”, for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
39 Omit section 583(5) (commencement etc: transitory provision relating to the Disability Discrimination Act 1995).
40 In Schedule 35B (meaning of eligible child etc), paragraph 15(4), for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
41 In Schedule 35C (school travel schemes), paragraph 14, in the definition of “disabled child”, for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
42 (1) In Schedule 36A (education functions of local authorities) the table is amended as follows.
(2) Omit the entries relating to the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995.
(3) Insert at the end—
Equality Act 2010 (c. 15)
Section 29(7) in its application to a local authority's functions under the Education Acts | Duty to make reasonable adjustments for disabled persons.
Section 85(6) | Duty (as responsible body) to make reasonable adjustments for disabled pupils.
Section 92(6) | Duty (as responsible body) to make reasonable adjustments for disabled persons in further and higher education.
Section 93(6) | Duty (as responsible body) to make reasonable adjustments for disabled persons in the provision of recreational or training facilities.
paragraph 1 of Schedule 10 | Duty to prepare and implement accessibility strategy.
paragraph 3 of Schedule 10 | Duty (as responsible body) to prepare and implement an accessibility plan.
Teaching and Higher Education Act 1998
43 In section 1(4) of the Teaching and Higher Education Act 1998 (the General Teaching Council for England) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
School Standards and Framework Act 1998
44 The School Standards and Framework Act 1998 is amended as follows.
45 In Schedule 5, in paragraph 6 (adjudicators, procedure) for subparagraphs (a) to (c) substitute—
(a) section 71 of the Race Relations Act 1976, or
(b) Parts 3 and 6 of the Equality Act 2010,
.
46 (1) In Schedule 6, Part 5 (procedures for making transitional exemption orders in Wales) paragraph 22(4) is amended as follows.
(2) For the definition of “the 1975 Act” substitute—
“the 2010 Act” means the Equality Act 2010,
.
(3) In the definition of “the responsible body” for “section 22 of the 1975 Act” substitute “ section 85 of the 2010 Act ”.
(4) In the definition of “transitional exemption order” for “section 27 of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.
(5) For “section 27(1) of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.
47 (1) In Schedule 7, in Part 6 (transitional exemption orders, interpretation) paragraph 16(6) is amended as follows.
(2) For the definition of the 1975 Act substitute—
“the 2010 Act” means the Equality Act 2010,
(3) In the definition of “the responsible body” for “section 22 of the 1975 Act” substitute “ section 85 of the 2010 Act ”.
(4) In the definition of “transitional exemption order” for “section 27 of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.
(5) For “section 27(1) of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.
Transport Act 2000
48 In section 112(2) of the Transport Act 2000 (plans and strategies: supplementary) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.
Employment Act 2002
49 (1) Schedule 5 to the Employment Act 2002 (tribunal jurisdiction) is amended as follows.
(2) Omit the entries relating to—
(a) the Equal Pay Act 1970;
(b) the Sex Discrimination Act 1975;
(c) the Race Relations Act 1976;
(d) the Disability Discrimination Act 1995;
(e) the Employment Equality (Sexual Orientation) Regulations 2003;
(f) the Employment Equality (Religion or Belief) Regulations 2003;
(g) the Employment Equality (Age) Regulations 2006.
(3) At the end of the entries relating to provisions of Acts, insert—
“Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”.
Income Tax (Earnings and Pensions) Act 2003
50 The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.
51 In section 439(4) (chargeable events) after “within the meaning of” insert “ the Equality Act 2010 in England and Wales and Scotland, or ”.
52 In section 477(5) (chargeable events) after “within the meaning of” insert “ the Equality Act 2010 in England and Wales and Scotland, or ”.
Communications Act 2003
53 The Communications Act 2003 is amended as follows.
54 In section 27(5) (training and equality of opportunity)—
(a) in the definition of “disabled” after “meaning as in” insert “ the Equality Act 2010 or, in Northern Ireland, ”, and
(b) in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “ Equality Act 2010 ”.
55 In section 337(9) (promotion of equal opportunities and training)—
(a) in the definition of “disabled” after “meaning as in” insert “ the Equality Act 2010 or, in Northern Ireland, ”, and
(b) in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “ Equality Act 2010 ”.
56 In Schedule 12, in paragraph 23(6) (obligations of the Welsh Authority in relation to equality of opportunity)—
(a) in the definition of “disability” after “meaning as in” insert “ the Equality Act 2010 or, in Northern Ireland, ”, and
(b) in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “ the Equality Act 2010 ”.
Finance Act 2004
57 The Finance Act 2004 is amended as follows.
58 In section 172A(5)(db) (surrender of pension benefits etc) for—
(a) “the Employment Equality (Age) Regulations 2006 or” substitute “ Part 5 of the Equality Act 2010, so far as relating to age, or the ”, and
(b) for “them” substitute “ those Regulations. ”.
59 In paragraphs 11D(2A) and (2B)(b), 12(2C)(d) and 14(3A) and (3D)(a) of Schedule 36 (pension schemes etc: transitional provisions and savings)—
(a) for “the Employment Equality (Age) Regulations 2006, or” substitute “ Part 5 of the Equality Act 2010, so far as relating to age, or the ”, and
(b) for “them” substitute “ those Regulations. ”.
Serious Organised Crime and Police Act 2005
60 Section 56 of the Serious Organised Crime and Police Act 2005 (the title to which becomes “Application of discrimination legislation to SOCA seconded staff: Northern Ireland”) is amended as follows—
(a) in subsection (2), omit paragraphs (a) and (b); and
(b) in subsection (4), omit paragraphs (a), (b), (g) and (h) and the “and” preceding each of paragraphs (g) and (h).
Equality Act 2006
61 The Equality Act 2006 is amended as follows.
62 (1) Section 8 (equality and diversity) is amended as follows.
(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 ”.
63 In section 10(2) (meaning of group) for paragraph (d) substitute—
(d) gender reassignment (within the meaning of section 7 of the Equality Act 2010),
.
64 For 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.
65 (1) Section 14 (codes of practice) is amended as follows.
(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) ”.
66 In section 16(4) (inquiries: matters which the Commission may consider and report on) for “equality enactments” substitute “ Equality Act 2010 ”.
67 In section 21(2)(b) (unlawful act notice: specification of legislative provision) for “equality enactments” substitute “ Equality Act 2010 ”.
68 After section 24 insert—
Enforcement powers: supplemental
24A (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).
69 Omit section 25 (restraint of unlawful advertising etc.).
70 Omit section 26 (supplemental).
71 (1) Section 27 (conciliation) is amended as follows.
(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.
72 (1) Section 28 (legal assistance) is amended as follows.
(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. ”
73 For 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).
74 (1) Section 32 (public sector duties: compliance notice) is amended as follows.
(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 ”.
75 Omit section 33 (equality and human rights enactments).
76 (1) Section 34 (meaning of unlawful) is amended as follows.
(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).
77 (1) Section 35 (general: definitions) is amended as follows.
(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.
78 In section 39(4) (orders subject to affirmative resolution procedure) for “, 27(10) or 33(3)” substitute “ or 27(10) ”.
79 Omit section 43 (transitional: rented housing in Scotland).
80 Omit Part 2 (discrimination on grounds of religion or belief).
81 Omit section 81 (regulations).
82 Omit Part 4 (public functions).
83 In section 94(3) (extent: Northern Ireland)—
(a) omit “and 41 to 56”, and
(b) omit “and the Disability Discrimination Act 1995 (c. 50)”.
84 (1) Schedule 1 (the Commission: constitution, etc.) is amended as follows.
(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 ”.
85 In Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41 to 56.
Immigration, Asylum and Nationality Act 2006
86 In section 23(1)(a) of the Immigration Asylum and Nationality Act 2006 (discrimination: code of practice) for “the Race Relations Act 1976 (c. 74)” substitute “ the Equality Act 2010, so far as relating to race ”.
Childcare Act 2006
87 The Childcare Act 2006 is amended as follows.
88 In section 6(6) (duty to secure sufficient childcare for working parents) in the definition of “disabled child” for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
89 In section 12(8) (duty to provide information, advice and assistance) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
90 In section 22(6) (duty to secure sufficient childcare for working parents (Wales)) in the definition of “disabled child” for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
91 In section 27(8) (duty to provide information, advice and assistance (Wales)) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
Education and Inspections Act 2006
92 The Education and Inspections Act 2006 is amended as follows.
93 In section 21(5) (proposals under section 19: procedure) for “section 27 of the Sex Discrimination Act 1975 (c. 65) (exception for single-sex establishments turning co-educational)” substitute “ paragraphs 3 and 4 of Schedule 11 to the Equality Act 2010 (single-sex schools turning co-educational) ”.
94 In section 91(7) (enforcement of disciplinary penalties) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
Finance Act 2007
95 In paragraph 7(7) of Schedule 18 to the Finance Act 2007 (pension schemes: abolition of relief for life insurance premium contributions etc)—
(a) for “Employment Equality (Age) Regulations 2006 (SI 2006/1031)” substitute “ Equality Act 2010, so far as relating to age, ”, and
(b) for “them” substitute “ those Regulations ”.
UK Borders Act 2007
96 In section 48(2)(f) of the UK Borders Act 2007 (recommendations by Chief Inspector of UK Border Agency) for “section 19D of the Race Relations Act 1976 (c.74)” substitute “ paragraph 17 of Schedule 3 to the Equality Act 2010 ”.
Regulatory Enforcement and Sanctions Act 2008
97 The Regulatory Enforcement and Sanctions Act 2008 is amended as follows.
98 Insert after section 38(2) (meaning of “relevant offence”)—
(3) The entry in Schedule 6 for Part 5 of the Disability Discrimination Act 1995 is, in relation to England and Wales and Scotland, to be read as a reference to Part 12 of the Equality Act 2010.
99 In Schedule 3 (enactments specified for the purposes of the Part relating to LBRO) omit “Disability Discrimination Act 1995 (c. 50)”.
Apprenticeships, Skills, Children and Learning Act 2009
100 In section 218(3)(b) of the Apprenticeships, Skills, Children and Learning Act 2009 (arrangements etc to be made by Commission) for “section 1(1) of the Disability Discrimination Act 1995 (c.50)” substitute “ section 6 of the Equality Act 2010 ”.
Part 2 Acts of the Scottish Parliament
Education (Disability Strategies and Pupils' Educational Records)(Scotland) Act 2002
101 In section 6 of the Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002 (interpretation) in the definition of “pupil with a disability” for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
Freedom of Information (Scotland) Act 2002
102 The Freedom of Information (Scotland) Act 2002 is amended as follows.
103 In section 11(5) (means of providing information) for “provider of services has under or by virtue of section 21 of the Disability Discrimination Act 1995 (c. 50)” substitute “ person has under or by virtue of section 29 of the Equality Act 2010 (provision of services etc) ”.
104 In section 12(6) (excessive cost of compliance) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
Dog Fouling (Scotland) Act 2003
105 In section 16 of the Dog Fouling (Scotland) Act 2003 (interpretation) in the definition of “disabled person” for “section 1 of the Disability Discrimination Act 1995 (c.50)” substitute “ section 6 of the Equality Act 2010 ”.
Education (Additional Support for Learning) (Scotland) Act 2004
106 Paragraph 3(1)(e) of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (exclusion to duty to comply with placing requests) is amended as follows—
(a) for “section 26 of the Sex Discrimination Act 1975 (c.65))” substitute “ paragraph 1(2) of Part 1 of Schedule 11 to the Equality Act 2010 ”, and
(b) for “section”, where it occurs for the second time, substitute, “ paragraph ”.
Housing (Scotland) Act 2006
106A In section 194(1) of the Housing (Scotland) Act 2006 (interpretation), in the definition of “disabled person”, for “Disability Discrimination Act 1995 (c. 50)” substitute Equality Act 2010.
Education (Additional Support for Learning) (Scotland) Act 2009
107 In section 9 of the Education (Additional Support for Learning) (Scotland) Act 2009 (functions of education authority in relation to certain pre-school children etc), in the amendment to section 5(3)(c) of the Education (Additional Support for Learning) (Scotland) Act 2004, for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.
Section 211
Part 1 Repeals
Short title | Extent of Repeal
The Sex Disqualification Removal Act 1919 | The whole Act.
Equal Pay Act 1970 | The whole Act.
Sex Discrimination Act 1975 | The whole Act.
Race Relations Act 1976 | The whole Act.
Estate Agents Act 1979 | In section 5(3) “those Acts and”.
Further Education Act 1985 | Section 4.
Sex Discrimination Act 1986 | The whole Act.
Local Government Act 1988 | Section 17(9).
Section 18.
Section 19(10).
Employment Act 1989 | Sections 1 to 7.
Section 9.
Section 28(2), (3) and (4)(a).
In section 29(1) the definition of “the 1975 Act”.
Local Government and Housing Act 1989 | Section 7(2)(c),(d) and (f).
Social Security Act 1989 | In Schedule 5—
(a) in paragraph 2(4) from “; but where” to the end, and
(b) paragraph 5.
Enterprise and New Towns (Scotland) Act 1990 | Section 18.
Contracts (Applicable Law) Act 1990 | In Schedule 4 in paragraph 1 “Section 1(11) of the Equal Pay Act 1970 and” and the cross-heading referring to the Equal Pay Act 1970.
Further and Higher Education Act 1992 | In Schedule 8, paragraphs 75 to 88.
Trade Union and Labour Relations (Consolidation) Act 1992 | In Schedule A2 the entries for—
(a) the Equal Pay Act 1970;
(b) the Sex Discrimination Act 1975;
(c) the Race Relations Act 1976;
(d) the Disability Discrimination Act 1995;
(e) the Employment Equality (Sexual Orientation) Regulations 2003;
(f) the Employment Equality (Religion or Belief) Regulations 2003;
(g) the Employment Equality (Age) Regulations 2006.
In Schedule 2, paragraph 3(1) to (3) and the preceding cross-heading.
Trade Union Reform and Employment Rights Act 1993 | In section 39(2) “the Sex Discrimination Act 1975, the Race Relations Act 1976, and”.
In Schedule 6, paragraphs 1 and 2.
In Schedule 7, paragraph 8.
Race Relations (Remedies) Act 1994 | The whole Act.
Disability Discrimination Act 1995 | The whole Act.
Pensions Act 1995 | Sections 62 to 66.
Employment Tribunals Act 1996 | Section 18(1)(c), (k), (l) and (r).
Section 21(1)(a), (b), (c), (e), (l), (m) and (s).
In Schedule 2, paragraph 7.
Employment Rights Act 1996 | In Schedule 1, paragraph 1 and the preceding cross-heading.
Armed Forces Act 1996 | Sections 21, 23 and 24.
Education Act 1996 | In Schedule 36A, in the table, the entries for the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995.
In Schedule 37, paragraphs 31, 32, 34 to 36, 37(b), 39, 40 and 43.
Employment Rights (Dispute Resolution) Act 1998 | Section 8(1), (2) and (4).
Section 9(2)(a), (b) and (d).
Section 10(2)(a), (b) and (d).
In Schedule 1, paragraphs 2, 3 and 11.
School Standards and Framework Act 1998 | In Schedule 30, paragraphs 5, 6 and 7.
Greater London Authority Act 1999 | Section 404.
Learning and Skills Act 2000 | Section 150(4)(d) and the “or” immediately preceding it.
In Schedule 9, paragraphs 5, 6, 7 and 9 and the preceding cross-heading.
Race Relations (Amendment) Act 2000 | Section 1.
Sections 3 to 10.
Schedule 2, except for paragraphs 17 and 31.
Schedule 3.
Standards In Scotland's Schools etc. Act 2000 | In schedule 2, paragraph 2.
Special Educational Needs and Disability Act 2001 | Sections 11 to 33.
Section 34(4), (5), (6) and (7).
Sections 38 to 40.
Schedules 2 to 6.
Sex Discrimination (Election Candidates) Act 2002 | Section 1.
Employment Act 2002 | Section 42 and the preceding cross-heading.
In Schedule 5, the entries for—
(a) the Equal Pay Act 1970;
(b) the Sex Discrimination Act 1975;
(c) the Race Relations Act 1976;
(d) the Disability Discrimination Act 1995;
(e) the Employment Equality (Sexual Orientation) Regulations 2003;
(f) the Employment Equality (Religion or Belief) Regulations 2003;
(g) the Employment Equality (Age) Regulations 2006.
Education Act 2002 | In Schedule 7, paragraph 5 and the preceding cross-heading.
In Schedule 18, paragraphs 7 to 12.
In Schedule 21, paragraphs 3 and 26 to 29 and the cross-headings preceding paragraphs 3 and 26.
Private Hire Vehicles (Carriage of Guide Dogs etc) Act 2002 | Sections 1 and 3 to 5.
Nationality, Immigration and Asylum Act 2002 | In Schedule 7, paragraphs 11, 12 and 14 and the preceding cross-heading.
Gender Recognition Act 2004 | Section 19.
In Schedule 6, Part 1.
Civil Partnership Act 2004 | Section 6(1)(b) and (2).
Higher Education Act 2004 | Section 19.
Education (Additional Support for Learning) (Scotland) Act 2004 | In section 17(1) “to exercise the functions which are conferred on a Tribunal by virtue of this Act”.
Disability Discrimination Act 2005 | The whole Act except for—
(a) section 3
(b) section 9
(c) Schedule 1 paragraphs 31, 33, 34(1) and (6) and Part 2
Serious Organised Crime and Police Act 2005 | Section 56(2)(a) and (b) and (4)(a), (b), (g) and (h) and the “and” preceding each of paragraphs (g) and (h).
Education Act 2005 | In Schedule 9, paragraph 8 and the preceding cross-heading.
In Schedule 14, paragraphs 5 and 7.
In Schedule 15, paragraph 6.
Charities and Trustee Investment (Scotland) Act 2005 | In schedule 4, paragraph 3.
Equality Act 2006 | Section 25.
Section 26.
Section 33.
Section 43.
Part 2.
Section 81
Part 4.
In Section 94(3) “and 41 to 56” and “and the Disability Discrimination Act 1995(c.50)”.
In Schedule 3, paragraphs 6 to 35 and paragraphs 40 to 56.
Education and Inspections Act 2006 | In Schedule 1, paragraph 1 and the preceding cross-heading.
In Schedule 3, paragraph 3 and the preceding cross-heading.
Legal Services Act 2007 | In Schedule 21, paragraphs 32, 36 to 38 and 118 and the cross-headings preceding paragraphs 32 and 118.
Greater London Authority Act 2007 | Section 11(5).
Regulatory Enforcement and Sanctions Act 2008 | In Schedule 3, “Disability Discrimination Act 1995 (c.50)”.
In Schedule 6, “Disability Discrimination Act 1995 (c.50)”.
Education and Skills Act 2008 | In Schedule 1, paragraphs 1 to 4 and the cross-heading preceding paragraph 1.
Local Transport Act 2008 | Section 55.
Section 56.
Apprenticeships, Skills, Children and Learning Act 2009 | Section 221(3).
PART 1A REPEALS RELATING TO THE COMMENCEMENT OF THE PUBLIC SECTOR EQUALITY DUTY ON 5TH APRIL 2011
Short title | Extent of repeal
Race Relations (Amendment) Act 2000 | Section 2.
Schedule 1.
In Schedule 2, paragraph 17.
Nationality, Immigration and Asylum Act 2002 | Section 6(5).
Water Act 2003 | In Schedule 7, paragraph 22.
Courts Act 2003 | In Schedule 8, paragraph 187.
Health and Social Care (Community Health and Standards) Act 2003 | In Schedule 4, paragraphs 21 and 22.
Health Protection Agency Act 2004 | In Schedule 3, paragraph 8.
Energy Act 2004 | In Schedule 14, paragraph 4.
Fire and Rescue Services Act 2004 | In Schedule 1, paragraph 48.
Civil Contingencies Act 2004 | In Schedule 2, paragraph 10(3)(a).
Disability Discrimination Act 2005 | Section 3.
Serious Organised Crime and Police Act 2005 | In Schedule 4, paragraphs 33 to 35.
Education Act 2005 | In Schedule 14, paragraphs 6 and 8.
Gambling Act 2005 | In Schedule 16, paragraph 9.
London Olympic Games and Paralympic Games Act 2006 | In Schedule 1, paragraph 21.
Natural Environment and Rural Communities Act 2006 | In Schedule 11—
(a) paragraph 61, and
(b) in paragraph 175(2), “in the Race Relations Act 1976 (c. 74), Part 2 of Schedule 1A;”.
National Health Service (Consequential Provisions) Act 2006 | In Schedule 1, paragraphs 55 and 56.
Police and Justice Act 2006 | In Schedule 1, paragraph 60.
Tourist Boards (Scotland) Act 2006 | In Schedule 2, paragraph 3.
Tribunals, Courts and Enforcement Act 2007 | In Schedule 8, paragraph 7.
Offender Management Act 2007 | In Schedule 3, paragraphs 1 and 7.
Legal Services Act 2007 | In Schedule 21, paragraph 39.
Health and Social Care Act 2008 | In Schedule 5, paragraph 59.
In Schedule 10, paragraph 6.
Housing and Regeneration Act 2008 | In Schedule 8, paragraph 21.
In Schedule 9, paragraph 4.
Local Transport Act 2008 | In Schedule 4, paragraph 49.
Climate Change Act 2008 | In Schedule 1, paragraph 32.
Pensions Act 2008 | In Schedule 1, paragraph 25.
Local Democracy, Economic Development and Construction Act 2009 | In Schedule 6, paragraph 44.
Apprenticeships, Skills, Children and Learning Act 2009 | In Schedule 6, paragraph 1.
In Schedule 12, paragraph 7.
Marine and Coastal Access Act 2009 | In Schedule 2, paragraph 4.
Policing and Crime Act 2009 | Section 2(3).
Part 2 Revocations
Title | Extent of revocation
Occupational Pension Schemes (Equal Treatment) Regulations 1995 (S.I. 1995/3183) | The whole Regulations.
Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660) | The whole Regulations.
Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661) | The whole Regulations.
Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770) | The whole Regulations.
Occupational Pension Schemes (Equal Treatment) (Amendment) Regulations 2005 (S.I. 2005/1923) | The whole Regulations.
Employment Equality (Age) Regulations 2006 (S.I. 2006/1031) | The whole Regulations (other than Schedules 6 and 8).
Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263) | The whole Regulations.
Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963) | The whole Regulations.
PART 3 REVOCATIONS RELATING TO THE COMMENCEMENT OF THE PUBLIC SECTOR EQUALITY DUTY ON 5TH APRIL 2011
Title | Extent of revocation
National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469) | In Schedule 1, paragraph 9.
Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590) | In the Schedule, paragraph 4.
Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005 (S.I. 2005/2077) | Article 5.
Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172) | In the Schedule, paragraph 2.
References to Health Authorities Order 2007 (S.I. 2007/961) | In the Schedule, paragraph 12.
Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007 (S.I. 2007/1103) | In the Schedule, paragraph 3.
Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388) | In Schedule 1, paragraphs 10 to 16.
Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576) | In Schedule 5, paragraph 4.
Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080) | In Schedule 1, paragraphs 9 to 11.
Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) | In Schedule 2, in Part 2, paragraph 30.