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Equality Act 2010
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- 2010 c. 15
- SCHEDULE 1
- Part 2
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This version of this part contains provisions that are prospective.
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- where the provision (Part, Chapter or section) has never come into force or;
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Equality Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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.
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 136(1)-(6)(a)-(e) Coming into force by S.I. 2010/2317 art. 2(9)(g)
- s. 140A inserted by S.I. 2011/1133 reg. 58
- Sch. 26 Pt. 1 heading and para. 1-8 inserted by S.I. 2010/2279 Sch. 1 para. 2
Commencement Orders yet to be applied to the Equality Act 2010:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2010/1736 art. 2 3 commences (2010 c. 15)
- S.I. 2010/1966 art. 2 3 commences (2010 c. 15)
- S.I. 2010/2191 art. 2 commences (2010 c. 15)
- S.I. 2010/2337 art. 2 amendment to earlier commencing SI 2010/2317
- S.I. 2011/96 art. 2 3 commences (2010 c. 15)
- S.I. 2011/1066 art. 2 commences (2010 c. 15)
- S.I. 2011/1636 art. 2 commences (2010 c. 15)
- S.I. 2011/2646 art. 2 commences (2010 c. 15)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2010/2317 art. 2(7)(a) commences (2010 c. 15)
- S.I. 2011/892 art. 2 3 Commencement Order
- S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
- S.I. 2012/84 art. 2 3 commences (2011 c. 21)
- S.I. 2012/628 art. 2-8 commences (2011 c. 20)
- S.I. 2012/924 art. 2 Coming into force
- S.I. 2012/1087 art. 2 3 commences (2011 c. 21)
- S.I. 2012/1319 art. 2(3) commences (2012 c. 7)
- S.I. 2012/1569 art. 3(b) commences (2010 c. 15)
- S.I. 2012/1662 art. 2(2)(b) commences (2011 c. 24)
Prospective
Part 2 E+W+SGuidance
PreliminaryE+W+S
10This Part of this Schedule applies in relation to guidance referred to in section 6(5).E+W+S
ExamplesE+W+S
11The guidance may give examples of—E+W+S
(a)effects which it would, or would not, be reasonable, in relation to particular activities, to regard as substantial adverse effects;
(b)substantial adverse effects which it would, or would not, be reasonable to regard as long-term.
Adjudicating bodiesE+W+S
12(1)In determining whether a person is a disabled person, an adjudicating body must take account of such guidance as it thinks is relevant.E+W+S
(2)An adjudicating body is—
(a)a court;
(b)a tribunal;
(c)a person (other than a court or tribunal) who may decide a claim relating to a contravention of Part 6 (education).
RepresentationsE+W+S
13Before issuing the guidance, the Minister must—E+W+S
(a)publish a draft of it;
(b)consider any representations made to the Minister about the draft;
(c)make such modifications as the Minister thinks appropriate in the light of the representations.
Parliamentary procedureE+W+S
14(1)If the Minister decides to proceed with proposed guidance, a draft of it must be laid before Parliament.E+W+S
(2)If, before the end of the 40-day period, either House resolves not to approve the draft, the Minister must take no further steps in relation to the proposed guidance.
(3)If no such resolution is made before the end of that period, the Minister must issue the guidance in the form of the draft.
(4)Sub-paragraph (2) does not prevent a new draft of proposed guidance being laid before Parliament.
(5)The 40-day period—
(a)begins on the date on which the draft is laid before both Houses (or, if laid before each House on a different date, on the later date);
(b)does not include a period during which Parliament is prorogued or dissolved;
(c)does not include a period during which both Houses are adjourned for more than 4 days.
CommencementE+W+S
15The guidance comes into force on the day appointed by order by the Minister.E+W+S
Revision and revocationE+W+S
16(1)The Minister may—E+W+S
(a)revise the whole or part of guidance and re-issue it;
(b)by order revoke guidance.
(2)A reference to guidance includes a reference to guidance which has been revised and re-issued.
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