Equality Act 2006

Part 3 Discrimination on grounds of sexual orientation

81 Regulations

(1) The Secretary of State may by regulations make provision about discrimination or harassment on grounds of sexual orientation.

(2) In subsection (1) “sexual orientation” has the meaning given by section 35.

(3) The regulations may, in particular—

(a) make provision of a kind similar to Part 2 of this Act;

(b) define discrimination;

(c) define harassment;

(d) make provision for enforcement (which may, in particular, include provision—

(i) creating a criminal offence of a kind similar to, and with the same maximum penalties as, an offence created by an enactment relating to discrimination or equality;

(ii) about validity and revision of contracts;

(iii) about discriminatory advertisements;

(iv) about instructing or causing discrimination or harassment);

(e) provide for exceptions (whether or not of a kind similar to those provided for by Part 2 of this Act or any other enactment relating to discrimination or equality);

(f) make provision which applies generally or only in specified cases or circumstances;

(g) make different provision for different cases or circumstances;

(h) include incidental or consequential provision (which may include provision amending an enactment);

(i) include transitional provision.

(4) The regulations—

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(5) In subsection (3)(h) “enactment” includes an enactment in or under an Act of the Scottish Parliament.

82 Regulations for Northern Ireland

(1) The Office of the First Minister and deputy First Minister may by regulations make provision about discrimination or harassment on grounds of sexual orientation.

(2) In subsection (1) “sexual orientation” has the same meaning as in the Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (SR 2003 No. 497).

(3) The regulations may, in particular—

(a) make provision of a kind similar to Part 3 of the Race Relations Order (discrimination on grounds of race, etc. other than in employment field) and Part 4 of that Order so far as it applies for the purposes of Part 3;

(b) define discrimination;

(c) define harassment;

(d) make provision for enforcement (which may, in particular, include provision—

(i) creating a criminal offence of a kind similar to, and with the same maximum penalties as, an offence created by the Race Relations Order;

(ii) about validity and revision of contracts;

(iii) about discriminatory advertisements;

(iv) about instructing or causing discrimination or harassment);

(e) provide for exceptions (whether or not of a kind similar to those provided for by Part 6 of the Race Relations Order or any other enactment relating to discrimination);

(f) confer powers or impose duties or restrictions on the Equality Commission for Northern Ireland of a kind similar to those conferred or imposed on the Commission by Part 7 of the Race Relations Order;

(g) make provision which applies generally or only in specified cases or circumstances;

(h) make different provision for different cases or circumstances;

(i) include incidental or consequential provision (which may include provision amending an enactment);

(j) include transitional provision.

(4) The power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/ 1573 (NI 12)).

(5) Regulations may not be made under this section unless a draft has been laid before and approved by resolution of the Northern Ireland Assembly.

(6) In this section—

• “the Race Relations Order” means the Race Relations (Northern Ireland) Order 1997 (SI 1997/869 (N.I. 6));

• “enactment” includes an enactment contained in or made under Northern Ireland legislation.