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Equality Act 2010

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Equality Act 2010, Part 3 is up to date with all changes known to be in force on or before 27 March 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 3 E+W+SServices and public functions

PreliminaryE+W+S

28Application of this PartE+W+S

(1)This Part does not apply to the protected characteristic of—

(a)age, so far as relating to persons who have not attained the age of 18;

(b)marriage and civil partnership.

(2)This Part does not apply to discrimination, harassment or victimisation—

(a)that is prohibited by Part 4 (premises), 5 (work) or 6 (education), or

(b)that would be so prohibited but for an express exception.

(3)This Part does not apply to—

(a)a breach of an equality clause or rule;

(b)anything that would be a breach of an equality clause or rule but for section 69 or Part 2 of Schedule 7;

(c)a breach of a non-discrimination rule.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 28 wholly in force at 1.10.2012; s. 28 not in force at Royal Assent see s. 216; s. 28 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(3); s. 28 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 3(a)

Provision of services, etc.E+W+S

29Provision of services, etc.E+W+S

(1)A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service.

(2)A service-provider (A) must not, in providing the service, discriminate against a person (B)—

(a)as to the terms on which A provides the service to B;

(b)by terminating the provision of the service to B;

(c)by subjecting B to any other detriment.

(3)A service-provider must not, in relation to the provision of the service, harass—

(a)a person requiring the service, or

(b)a person to whom the service-provider provides the service.

(4)A service-provider must not victimise a person requiring the service by not providing the person with the service.

(5)A service-provider (A) must not, in providing the service, victimise a person (B)—

(a)as to the terms on which A provides the service to B;

(b)by terminating the provision of the service to B;

(c)by subjecting B to any other detriment.

(6)A person must not, in the exercise of a public function that is not the provision of a service to the public or a section of the public, do anything that constitutes discrimination, harassment or victimisation.

(7)A duty to make reasonable adjustments applies to—

(a)a service-provider (and see also section 55(7));

(b)a person who exercises a public function that is not the provision of a service to the public or a section of the public.

(8)In the application of section 26 for the purposes of subsection (3), and subsection (6) as it relates to harassment, neither of the following is a relevant protected characteristic—

(a)religion or belief;

(b)sexual orientation.

(9)In the application of this section, so far as relating to race or religion or belief, to the granting of entry clearance (within the meaning of the Immigration Act 1971), it does not matter whether an act is done within or outside the United Kingdom.

(10)Subsection (9) does not affect the application of any other provision of this Act to conduct outside England and Wales or Scotland.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 29 wholly in force at 1.10.2012; s. 29 not in force at Royal Assent see s. 216; s. 29 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(3); s. 29 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 3(a)

SupplementaryE+W+S

30Ships and hovercraftE+W+S

(1)This Part (subject to subsection (2)) applies only in such circumstances as are prescribed in relation to—

(a)transporting people by ship or hovercraft;

(b)a service provided on a ship or hovercraft.

(2)Section 29(6) applies in relation to the matters referred to in paragraphs (a) and (b) of subsection (1); but in so far as it relates to disability discrimination, section 29(6) applies to those matters only in such circumstances as are prescribed.

(3)It does not matter whether the ship or hovercraft is within or outside the United Kingdom.

(4)Ship” has the same meaning as in the Merchant Shipping Act 1995.

(5)Hovercraft” has the same meaning as in the Hovercraft Act 1968.

(6)Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 30 wholly in force at 1.10.2012; s. 30 not in force at Royal Assent see s. 216; s. 30 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(3); s. 30 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 3(a)

31Interpretation and exceptionsE+W+S

(1)This section applies for the purposes of this Part.

(2)A reference to the provision of a service includes a reference to the provision of goods or facilities.

(3)A reference to the provision of a service includes a reference to the provision of a service in the exercise of a public function.

(4)A public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

(5)Where an employer arranges for another person to provide a service only to the employer's employees—

(a)the employer is not to be regarded as the service-provider, but

(b)the employees are to be regarded as a section of the public.

(6)A reference to a person requiring a service includes a reference to a person who is seeking to obtain or use the service.

(7)A reference to a service-provider not providing a person with a service includes a reference to—

(a)the service-provider not providing the person with a service of the quality that the service-provider usually provides to the public (or the section of it which includes the person), or

(b)the service-provider not providing the person with the service in the manner in which, or on the terms on which, the service-provider usually provides the service to the public (or the section of it which includes the person).

(8)In relation to the provision of a service by either House of Parliament, the service-provider is the Corporate Officer of the House concerned; and if the service involves access to, or use of, a place in the Palace of Westminster which members of the public are allowed to enter, both Corporate Officers are jointly the service-provider.

(9)Schedule 2 (reasonable adjustments) has effect.

(10)Schedule 3 (exceptions) has effect.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 31 wholly in force at 1.10.2012; s. 31 not in force at Royal Assent see s. 216; s. 31 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(3); s. 31(9) in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a); s. 31(1)-(8)(10) in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 3(a)

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