The Equality Act 2010 (Commencement No. 5) Order 2011

Statutory Instruments

2011 No. 96 (C. 5)

Equality

The Equality Act 2010 (Commencement No. 5) Order 2011

Made

17th January 2011

The Secretary of State, in exercise of the powers conferred by section 216(3) of the Equality Act 2010(1), makes the following Order:

Citation and interpretation

1.  (1)  This Order may be cited as the Equality Act 2010 (Commencement No. 5) Order 2011.

(2) In this Order “the Act” means the Equality Act 2010.

Provisions coming into force on the day after the day on which this Order is made

2.  The following provisions of the Act come into force on the day after the day on which this Order is made—

(a)section 150, for the purposes of sections 151 to 155, section 157, and Schedule 19 only;

(b)sections 151 to 155;

(c)section 157; and

(d)Schedule 19.

Provisions coming into force on 6th April 2011

3.  Section 159 of the Act comes into force on 6th April 2011 in so far as it is not already in force.

Theresa May

Secretary of State for the Home Department

17th January 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This is the fifth Commencement Order made under the Equality Act 2010 (c. 15) (“the Act”). The Equality Act 2010 (Commencement No. 1) Order 2010 (S.I. 2010/1736) (C. 91), the Equality Act 2010 (Commencement No. 2) Order 2010 (S.I. 2010/1966) (C. 104), the Equality Act 2010 (Commencement No. 3) Order 2010 (S.I. 2010/2191) (C. 109) and the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317) (C. 112), as amended by the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (Amendment) Order 2010 (S.I. 2010/2337) (C. 113), brought into force most of the provisions of the Act. The fourth Commencement Order (as amended) also set out savings, consequential, transitional, transitory and incidental provisions and a revocation in relation to existing legislation, which were required as a result of the repeal and revocation of previous discrimination legislation and its replacement by the Act. The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279) amended the Act, including by adding new provisions into the Act and renumbering existing provisions, some of which are brought into force by this Order.

This Order brings various provisions of the Act into force which were not brought into force by the earlier Commencement Orders. These provisions include enabling powers relating to the public sector equality duty and a provision concerning positive action in relation to recruitment and promotion in Part 11 of the Act.

Article 2 sets out the provisions of the Act which come into force on the day after the day on which the Order is made for the purpose of making orders specifying the public authorities in Schedule 19 to the Act to which the public sector equality duty applies and for the purpose of making regulations imposing requirements on such public authorities in order to enable the better performance of the duty.

Article 3 ensures that section 159, which provides for positive action in recruitment and promotion, is brought fully into force on 6th April 2011.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Sections 4 and 51st October 20102010/2317
Section 6(5) (partially)6th July 20102010/1736
Section 6(6) (partially)4th August 20102010/1966
Section 6 (in so far as not already in force)1st October 20102010/2317
Sections 7 to 131st October 20102010/2317
Sections 15 to 211st October 20102010/2317
Section 22 (partially)6th July 20102010/1736
Section 22 (in so far as not already in force)1st October 20102010/2317
Sections 23 to 271st October 20102010/2317
Sections 28 to 31 (partially)1st October 20102010/2317
Sections 32 to 351st October 20102010/2317
Section 36(1)(a) to (c), (2) to (4), (7) and (8)1st October 20102010/2317
Section 38(1) to (7) and (9)1st October 20102010/2317
Section 38(8) (partially)4th August 20102010/1966
Section 38(8) (partially)1st October 20102010/2317
Sections 39 to 601st October 20102010/2317
Section 61(8) and (9) (partially)6th July 20102010/1736
Section 61 (in so far as not already in force)1st October 20102010/2317
Sections 62 to 771st October 20102010/2317
Section 791st October 20102010/2317
Section 80(8) (partially)4th August 20102010/1966
Section 80 (in so far as not already in force)1st October 20102010/2317
Section 81 (partially)6th July 20102010/1736
Section 81 (in so far as not already in force)1st October 20102010/2317
Section 82 (partially)6th July 20102010/1736
Section 82 (in so far as not already in force)1st October 20102010/2317
Section 83(11) (partially)4th August 20102010/1966
Section 83 (in so far as not already in force)1st October 20102010/2317
Sections 84 to 931st October 20102010/2317
Section 94(12) (partially)4th August 20102010/1966
Section 94 (in so far as not already in force)1st October 20102010/2317
Section 951st October 20102010/2317
Section 96(9)(b) (partially)3rd September 20102010/2191
Section 96(10) and (11) (partially)6th July 20102010/1736
Section 96 (in so far as not already in force)1st October 20102010/2317
Section 97 (partially)6th July 20102010/1736
Section 97 (in so far as not already in force)1st October 20102010/2317
Section 98 (partially)1st October 20102010/2317
Section 991st October 20102010/2317
Sections 100 to 105 (partially)1st October 20102010/2317
Section 107 (partially)1st October 20102010/2317
Sections 108 to 1151st October 20102010/2317
Section 116(1)(a) and (b) and (2)1st October 20102010/2317
Section 116(1)(c) (partially)1st October 20102010/2317
Section 116(1)(c) (in so far as not already in force)18th March 20112010/2317
Section 116(3) (partially)4th August 20102010/1966
Section 116(3) (partially)1st October 20102010/2317
Section 116(3) (in so far as not already in force)18th March 20112010/2317
Section 117(1), (2), (3) and (4) (partially)6th July 20102010/1736
Section 117 (in so far as not already in force)1st October 20102010/2317
Sections 118 to 1351st October 20102010/2317
Section 136(1) to (6)(a) to (e)1st October 20102010/2317
Section 136(6)(f)18th March 20112010/2317
Section 1371st October 20102010/2317
Section 138(1), (2), (5), (6) and (7) (partially)6th July 20102010/1736
Section 138 (in so far as not already in force)1st October 20102010/2317
Sections 139 to 1461st October 20102010/2317
Section 147(4) (partially)6th July 20102010/1736
Section 147 (in so far as not already in force)1st October 20102010/2317
Section 1481st October 20102010/2317
Section 1581st October 20102010/2317
Section 159 (partially)1st October 20102010/2317
Section 161 (partially)1st October 20102010/2317
Section 165 (partially)1st October 20102010/2317
Section 1661st October 20102010/2317
Section 167(1) to (5), and (7) (partially)1st October 20102010/2317
Section 167(6)1st October 20102010/2317
Sections 168 to 1851st October 20102010/2317
Sections 187 and 1881st October 20102010/2317
Section 189 (partially)4th August 20102010/1966
Section 189 (in so far as not already in force)1st October 20102010/2317
Section 1901st October 20102010/2317
Section 191 (partially)1st October 20102010/2317
Sections 192 to 1951st October 20102010/2317
Section 196 (partially)1st October 20102010/2317
Section 2061st October 20102010/2317
Section 211(1) (partially)6th July 20102010/1736
Section 211(1) (partially)1st October 20102010/2317
Section 211(2) (partially)1st October 20102010/2317
Schedule 1, paragraphs 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15 and 16 (partially)6th July 20102010/1736
Schedule 1 (in so far as not already in force)1st October 20102010/2317
Schedules 2 to 3 (partially)1st October 20102010/2317
Schedule 4, paragraphs 1 to 41st October 20102010/2317
Schedule 4, paragraph 8 (partially)1st October 20102010/2317
Schedule 4, paragraph 9 (partially)6th July 20102010/1736
Schedule 4, paragraph 9 (in so far as not already in force)1st October 20102010/2317
Schedules 5 and 61st October 20102010/2317
Schedule 7, paragraphs 4, 5 and 6 (partially)6th July 20102010/1736
Schedule 7 (in so far as not already in force)1st October 20102010/2317
Schedule 81st October 20102010/2317
Schedule 9, paragraph 16 (partially)6th July 20102010/1736
Schedule 9 (in so far as not already in force)1st October 20102010/2317
Schedules 10 and 111st October 20102010/2317
Schedule 12, paragraph 5 (partially)6th July 20102010/1736
Schedule 12 (in so far as not already in force)1st October 20102010/2317
Schedule 13 (partially)1st October 20102010/2317
Schedules 14 and 151st October 20102010/2317
Schedule 16 (partially)1st October 20102010/2317
Schedule 17, paragraphs 1 and 6(1) to (7) (partially)6th July 20102010/1736
Schedule 17, paragraphs 1 and 6(1) to (7) (in so far as not already in force)1st October 20102010/2317
Schedule 17, paragraphs 2 to 51st October 20102010/2317
Schedule 17, paragraph 6(8) and (9)1st October 20102010/2317
Schedule 17, paragraphs 7 to 12 (partially)1st October 20102010/2317
Schedule 17, paragraphs 7 to 12 (in so far as not already in force)18th March 20112010/2317
Schedule 17, paragraphs 13 and 141st October 20102010/2317
Schedule 21, paragraph 6 (partially)6th July 20102010/1736
Schedule 21 (in so far as not already in force)1st October 20102010/2317
Schedules 22 and 23 (partially)1st October 20102010/2317
Schedule 251st October 20102010/2317
Schedule 26, paragraphs 1 to 81st October 20102010/2317
Schedule 26, paragraphs 13 to 601st October 20102010/2317
Schedule 26, paragraph 61 (partially)4th August 20102010/1966
Schedule 26, paragraph 61 (in so far as not already in force)1st October 20102010/2317
Schedule 26, paragraphs 62 to 641st October 20102010/2317
Schedule 26, paragraph 65(1), (2), (3) and (5)6th July 20102010/1736
Schedule 26, paragraph 65(4)1st October 20102010/2317
Schedule 26, paragraphs 66 to 721st October 20102010/2317
Schedule 26, paragraph 751st October 20102010/2317
Schedule 26, paragraph 76 (partially)1st October 20102010/2317
Schedule 26, paragraphs 77 to 811st October 20102010/2317
Schedule 26, paragraph 82 (partially)1st October 20102010/2317
Schedule 26, paragraphs 83 to 1071st October 20102010/2317
Schedule 27 (partially)1st October 20102010/2317