- Latest available (Revised)
- Original (As enacted)
Equality Act 2010
You are here:
- 2010 c. 15
- Part 9
- Chapter 5
- Section 138
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
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
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to :
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 138 Coming into force by S.I. 2010/2317 art. 2(9)(i)
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
138Obtaining information, etc.E+W+S
This section has no associated Explanatory Notes
(1)In this section—
(a)P is a person who thinks that a contravention of this Act has occurred in relation to P;
(b)R is a person who P thinks has contravened this Act.
(2)A Minister of the Crown must by order prescribe—
(a)forms by which P may question R on any matter which is or may be relevant;
(b)forms by which R may answer questions by P.
(3)A question by P or an answer by R is admissible as evidence in proceedings under this Act (whether or not the question or answer is contained in a prescribed form).
(4)A court or tribunal may draw an inference from—
(a)a failure by R to answer a question by P before the end of the period of 8 weeks beginning with the day on which the question is served;
(b)an evasive or equivocal answer.
(5)Subsection (4) does not apply if—
(a)R reasonably asserts that to have answered differently or at all might have prejudiced a criminal matter;
(b)R reasonably asserts that to have answered differently or at all would have revealed the reason for not commencing or not continuing criminal proceedings;
(c)R's answer is of a kind specified for the purposes of this paragraph by order of a Minister of the Crown;
(d)R's answer is given in circumstances specified for the purposes of this paragraph by order of a Minister of the Crown;
(e)R's failure to answer occurs in circumstances specified for the purposes of this paragraph by order of a Minister of the Crown.
(6)The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.
(7)A Minister of the Crown may by order—
(a)prescribe the period within which a question must be served to be admissible under subsection (3);
(b)prescribe the manner in which a question by P, or an answer by R, may be served.
(8)This section—
(a)does not affect any other enactment or rule of law relating to interim or preliminary matters in proceedings before a county court, the sheriff or an employment tribunal, and
(b)has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Chapter
Print This Section only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open The Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act without Schedules as a PDF
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules only you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources