Equality Act 2006 Explanatory Notes

Section 39: Orders and regulations

150.Section 39 sets conditions under which a Minister of the Crown may make secondary legislation under Part 1 of the Act. Subsection (1) requires all orders and regulations to be made by statutory instrument, and subsection (2) provides that any order or regulations may make provision generally or for specified purposes, may make different provision for different purposes, and may include transitional, incidental or consequential provisions.

151.Subsection (3) provides that certain orders and regulations are subject to the negative resolution procedure, namely:

  • any order revoking a code of practice issued by the CEHR (under section 15(3));

  • any order extending the range of proceedings in which the CEHR may provide assistance (under section 28);

  • regulations concerning the calculation of the CEHR’s expenses in legal proceedings (under section 29(5));

  • any order dissolving an existing Commission (under section 36(1));

  • an order dissolving the Disability Committee (under Part 5 of Schedule 1).

152.Subsection (4) lists the order-making powers which are to be subject to the affirmative resolution procedure, namely those which

  • add or vary any entry in the list defining groups for the purposes of section 10 (under section 10(6));

  • add, remove or vary any entry in the list of enactments in connection with which the CEHR can issue a code of practice (under section 15(6));

  • add, remove or vary any entry in the list of enactments in relation to which the CEHR can provide conciliation services (under section 27(10));

  • add, remove or vary any entry in the list of equality enactments (under section 33(3)).

153.These orders may make consequential amendments to any enactment, including an enactment in or under an Act of the Scottish Parliament.

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