The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010

Amendments of existing provisions about public sector equality duties

15.—(1) Section 71 of the Race Relations Act 1976(1) is amended as follows.

(2) In subsection (1)(a) for “racial discrimination” substitute “discrimination and victimisation”.

(3) In subsection (7) for “other provision of this Act” substitute “provision of the Equality Act 2010 (“the 2010 Act”), so far as relating to race (within the meaning of that Act)”.

(4) After that subsection insert—

“(8) In this section—

(a) “discrimination” means race discrimination within the meaning of section 25 of the 2010 Act;

(b) “victimisation” means victimisation within the meaning of section 27 of the 2010 Act, where the protected act in question relates to race, and

(c) “racial group” has the meaning given in section 9 of the 2010 Act.”.

(5) Despite the repeal of the Race Relations Act 1976 (“the 1976 Act”) by Schedule 27 to the Act, the following provisions of the 1976 Act, so far as they relate to sections 71 to 71B(2) of that Act, continue to have effect—

(a) section 74(3) (orders and regulations),

(b) section 75(4) (application to Crown), and

(c) in section 78(5) (interpretation) the definitions of “Commission” and “enactment”.

(1)

1976 c.74; section 71 of the Race Relations Act 1976 was substituted by the Race Relations (Amendment) Act 2000 (c. 21) section 2(1) and was amended by S.I. 2007/2914, Schedule, paragraph 10(d).

(2)

Sections 71A and 71B were substituted by the Race Relations (Amendment) Act 2000 (c. 21), section 2(1). Section 71A was amended by the Nationality, Immigration and Asylum Act 2002 (c. 41), section 6(5) and Schedule 9. Section 71B was amended by S.I. 2007 1388, Schedule 1, paragraphs 10 and 12 and S.I. 2007/2914, Schedule, paragraph 10(e).

(3)

Section 74 was amended by the Race Relations (Remedies) Act 1994 (c. 10), section 2(2); the Armed Forces Act 1996 (c. 46), section 23(5) and the Equality Act 2006 (c. 3), Schedule 3, paragraphs 21 and 32 and Schedule 4.

(4)

Section 75 was amended by; the Armed Forces Act 1981 (c. 55), section 28(2) and Schedule 5, Part I; the Armed Forces Act 1996 (c. 46), section 23; the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2)(a); the Race Relations (Amendment) Act 2000 (c. 34), Schedule 2, paragraph 18; the Armed Forces Act 2006 (c. 52), Schedule 16, paragraph 80 and S.I. 2005/2712, Schedule 2, paragraph 2.

(5)

In Section 78 the definition of “Commission” was amended by the Equality Act 2006 (c. 3), Schedule 3, paragraphs 6 and 18(1)(a)(i).