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The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010

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Article 24

SCHEDULE 8Consequential etc. provisions

Public Service Vehicles Accessibility Regulations 2000(1)

1.—(1) The Public Service Vehicles Accessibility Regulations 2000 are amended as follows—

(2) In Schedule 4 (the accessibility certificate)—

(a)for every reference to “Disability Discrimination Act 1995” substitute a reference to “Equality Act 2010”; and

(b)after the words “the Public Service Vehicles Accessibility Regulations 2000” insert the words “treated as”.

(3) In Schedule 5 (the declaration of conformity)—

(a)for every reference to “Disability Discrimination Act 1995” substitute a reference to “Equality Act 2010”; and

(b)after the words “the Public Service Vehicles Accessibility Regulations 2000” insert the words “treated as”.

(4) In Schedule 6 (the conformity certificate)—

(a)for every reference to “Disability Discrimination Act 1995” substitute a reference to “Equality Act 2010”; and

(b)after the words “the Public Service Vehicles Accessibility Regulations 2000” insert the words “treated as”.

(5) References to the 1995 Act in accessibility certificates, declarations of conformity or conformity certificates issued under that Act and having effect immediately before 1st October 2010 should (so far as the context allows) be read, in relation to times, circumstances or purposes on or after that date, as references to the 2010 Act.

(6) Notwithstanding sub-paragraphs (1) to (4), where accessibility certificates, declarations of conformity or conformity certificates are issued on or after 1st October 2010 and are in the form applying before that date, references to the 1995 Act in those certificates or declarations should be read as references to the 2010 Act.

(7) In relation to accessibility certificates, declarations of conformity or conformity certificates to which sub-paragraph (5) or (6) applies, the sub-paragraph in question has effect instead of section 17(2)(a) of the Interpretation Act 1978 as applied by section 23(3) of that Act; but that is without prejudice to any other provision of that Act.

The Disability Discrimination Act 1995 (Taxis) (Carrying of Guide Dogs etc.) (England and Wales) Regulations 2000(2)

2.—(1) The Disability Discrimination Act 1995 (Taxis) (Carrying of Guide Dogs etc.) (England and Wales) Regulations 2000 are amended as follows.

(2) For regulation 1(2), substitute the following—

(2) In these Regulations “the 2010 Act” means the Equality Act 2010..

(3) In regulation 2(1), for “section 37(8)(b) of the 1995 Act” substitute “section 169(4)(b) of the 2010 Act”.

(4) In regulation 2(1)(a), for “certificate of exemption” substitute “exemption certificate”.

(5) In regulation 2(1)(b), for “certificate of exemption” substitute “exemption certificate”.

(6) In regulation 2(2), for “section 37(8)(b) of the 1995 Act” substitute “section 169(4)(b) of the 2010 Act”.

(7) For regulation 3, substitute the following—

Prescribed charities

3.  Each of the following is a prescribed charity for the purposes of paragraph (c) of the definition of “assistance dog” in section 173(1) of the 2010 Act (so far as that definition applies for the purposes of section 168 of that Act)—

(a)“Dogs for the Disabled” registered with the Charity Commission under registration number 1092960;

(b)“Support Dogs” registered with the Charity Commission under registration number 1017237; and

(c)“Canine Partners for Independence” registered with the Charity Commission under registration number 803680..

(8) In Schedule 1 (the notice of exemption in England), for “SECTION 37 DISABILITY DISCRIMINATION ACT 1995” substitute “SECTION 169 EQUALITY ACT 2010”.

(9) In Schedule 2 (the notice of exemption in Wales)—

(a)for “ADRAN 37 DEDDF GWAHANIAETHU AR SAIL ANABLEDD 1995” substitute “ADRAN 169 DEDDF CYDRADDOLDEB 2010”;

(b)for “SECTION 37 DISABILITY DISCRIMINATION ACT 1995” substitute “SECTION 169 EQUALITY ACT 2010”.

(10) References to section 37 of the 1995 Act in notices of exemption issued under that section and having effect immediately before 1st October 2010 should (so far as the context allows) be read, in relation to times, circumstances or purposes on or after that date, as references to section 169 of the 2010 Act.

(11) Notwithstanding sub-paragraphs (1) to (9), where notices of exemption are issued on or after 1st October 2010 and are in the form applying before that date, references to section 37 of the 1995 Act should be read as references to section 169 of the 2010 Act.

(12) In relation to notices of exemption to which sub-paragraph (10) or (11) applies, the sub-paragraph in question has effect instead of section 17(2)(a) of the Interpretation Act 1978 as applied by section 23(3) of that Act; but that is without prejudice to any other provision of that Act.

The Disability Discrimination Act 1995 (Private Hire Vehicles) (Carriage of Guide Dogs etc.) (England and Wales) Regulations 2003(3)

3.—(1) The Disability Discrimination Act 1995 (Private Hire Vehicles) (Carriage of Guide Dogs etc.) (England and Wales) Regulations 2003 are amended as follows.

(2) In regulation 1(2), for “Disability Discrimination Act 1995” substitute “Equality Act 2010”.

(3) In regulation 2(1), for “section 37A(8)(b)(4) of the Act” substitute “section 171(4)(b) of the Act”.

(4) In regulation 2(1)(a), for “certificate of exemption” substitute “exemption certificate”.

(5) In regulation 2(1)(b), for “certificate of exemption” substitute “exemption certificate”.

(6) In regulation 2(2), for “section 37A(8)(b) of the 1995 Act” substitute “section 171(4)(b) of the Act”.

(7) For regulation (3), substitute the following—

Prescribed charities

3.  Each of the following is a prescribed charity for the purposes of paragraph (c) of the definition of “assistance dog” in section 173(1) of the Act (so far as that definition applies for the purposes of section 170 of that Act)—

(a)“Dogs for the Disabled” registered with the Charity Commission under registration number 1092960;

(b)“Support Dogs” registered with the Charity Commission under registration number 1017237; and

(c)“Canine Partners for Independence” registered with the Charity Commission under registration number 803680..

(8) In Schedule 1 (the notice of exemption in England), for “SECTION 37A DISABILITY DISCRIMINATION ACT 1995” substitute “SECTION 171 EQUALITY ACT 2010”.

(9) In Schedule 2 (the notice of exemption in Wales)—

(a)for “ADRAN 37A DEDDF GWAHANIAETHU AR SAIL ANABLEDD 1995” substitute “ADRAN 171 DEDDF CYDRADDOLDEB 2010”;

(b)for “SECTION 37A DISABILITY DISCRIMINATION ACT 1995” substitute “SECTION 171 EQUALITY ACT 2010”.

(10) References to section 37A of the 1995 Act in notices of exemption issued under that section and having effect immediately before 1st October 2010 should (so far as the context allows) be read, in relation to times, circumstances or purposes on or after that date, as references to section 171 of the 2010 Act.

(11) Notwithstanding sub-paragraphs (1) to (9), where notices of exemption are issued on or after 1st October 2010 and are in the form applying before that date, references to section 37A of the 1995 Act should be read as references to section 171 of the 2010 Act.

(12) In relation to notices of exemption to which sub-paragraph (10) or (11) applies, the sub-paragraph in question has effect instead of section 17(2)(a) of the Interpretation Act 1978 as applied by section 23(3) of that Act; but that is without prejudice to any other provision of that Act.

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(5)

4.  In regulation 2(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(6)—

(a)omit the definition of the “Disability Discrimination Act”;

(b)for the definition of “Equal Pay Act” substitute ““Equality Act” means the Equality Act 2010”;

(c)omit the definition of “Race Relations Act”;

(d)omit the definition of “Sex Discrimination Act”.

5.—(1) Schedule 1 to those Regulations (The Employment Tribunals Rules of Procedure) is amended as follows.

(2) In rule 50(1), for sub-paragraph (b)(7) substitute the following—

(b)proceedings under the Equality Act in which evidence of a personal nature is likely to be heard by the tribunal or an Employment Judge—

(i)on a complaint relating to a contravention of Part 5 so far as relating to disability;

(ii)on a complaint relating to a contravention of section 112 that relates to Part 5 so far as relating to disability..

(3) In rule 50(2)(8), for “Disability Discrimination Act” substitute “Equality Act”.

(4) In rule 52(9), for “section 6(4A)(10) of the Sex Discrimination Act 1986” substitute “section 146(1) of the Equality Act so far as relating to sex, gender reassignment, marriage and civil partnership or pregnancy and maternity”.

(5) In rule 61(8)(11), for “Equal Pay Act, the Sex Discrimination Act, the Sex Discrimination Act 1986, the Race Relations Act or the Disability Discrimination Act”, substitute “Equality Act of the kind referred to in paragraph (9)”.

(6) After paragraph (8), insert the following paragraph—

(9) The proceedings referred to in paragraph (8) are—

(a)proceedings on a complaint relating to a breach of an equality clause or rule within the meaning of the Equality Act;

(b)proceedings on a complaint relating to a contravention of that Act so far as relating to sex, gender reassignment, marriage and civil partnership, pregnancy and maternity, race or disability;

(c)proceedings on a complaint under section 146(1) of that Act so far as relating to sex, gender reassignment, marriage and civil partnership, pregnancy and maternity, race or disability..

6.—(1) Schedule 6 to those Regulations (The Employment Tribunals (Equal Value) Rules of Procedure)(12) is amended as follows.

(2) In rule 2(1)—

(a)in the definition of “comparator”, omit “as described in section 1(2)(c) of the Equal Pay Act”;

(b)omit the definition of “Equal Pay Act”;

(c)for the definition of “equal value claim” substitute—

“equal value claim” means a claim relating to a breach of a sex equality clause or rule within the meaning of the Equality Act in a case involving work within section 65(1)(c) of that Act;;

(d)in the definition of “independent expert”, for “section 2A(4) of the Equal Pay Act” substitute “section 131(8) of the Equality Act”;

(e)in the definition of “the question”, omit “as described in section 1(2)(c) of the Equal Pay Act”;

(f)in the definition of “report”, for “section 2A(1)(b) of the Equal Pay Act” substitute “section 131(2) of the Equality Act”.

(3) After rule 2(3), insert the following—

(4) A reference in this Schedule to one person’s work being of equal value to another’s is to be construed in accordance with section 65(6) of the Equality Act..

(4) In rule 4(1), for “any work is of equal value as mentioned in section 1(2)(c) of the Equal Pay Act” substitute “one person’s work is of equal value to another’s”.

(5) In rule 4(3)(a)(13)—

(a)for “section 2A(2) of the Equal Pay Act” substitute “section 131(6) of the Equality Act”;

(b)for “section 2A(2A) of that Act” substitute “that section”.

(6) In rule 4(3)(b), for “section 2A(1) of the Equal Pay Act” substitute “section 131(2) of the Equality Act”.

(7) In rule 4(4)(14), for “section 2A(2A) of the Equal Pay Act” substitute “section 131(6) of the Equality Act”.

(8) In rule 4(5), for “section 1(3) of the Equal Pay Act (defence of a genuine material factor)” substitute “section 69 of the Equality Act (defence of material factor)”.

The Employment Equality (Age) Regulations 2006

7.  In paragraph 1(1) of Schedule 6 (duty to consider working beyond retirement), in the definition of “employee”, for “a person to whom regulation 30 (exception for retirement) applies”, substitute “a person who is a relevant worker for the purposes of paragraph 8 of Schedule 9 to the Equality Act 2010 (exceptions relating to retirement)”.

Change of title of the Public Service Vehicles Accessibility (Amendment) Regulations 2009(15)

8.—(1) The title to the Public Service Vehicles Accessibility (Amendment) Regulations 2009 made on 2nd April 2009, and registered with serial number 876, becomes the “Public Service Vehicles Accessibility (Amendment) (No. 2) Regulations 2009”.

(2) In regulation 1 of those Regulations, after “(Amendment)” insert “(No. 2)”.

(4)

Section 37A was inserted by the Private Hire Vehicles (Carriage of Dogs etc.) Act 2002 (c.37), section 1(1).

(6)

Regulation 2(1) was amended by S.I. 2004/2351, 2005/1865, 2006/680 and 2008/2683.

(7)

Rule 50(1)(b) was amended by S.I. 2008/2683.

(8)

Rule 50(2) was amended by S.I. 2008/2683.

(9)

Rule 52 was amended by S.I. 2008/2683.

(10)

Subsection (4A) was inserted by the Trade Union Reform and Employment Rights Act 1993 (c.19), section 32 and amended by the Employment Rights (Dispute Resolution) Act 1998, section 1(2)(a).

(11)

Rule 61(8) was substituted by S.I. 2007/2602.

(12)

Schedule 6 was inserted by S.I. 2004/2351.

(13)

Rule 4(3) was amended by S.I. 2008/3240.

(14)

Rule 4(4) was amended by S.I. 2008/3240.

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