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Trade Act 2021

Equalities

  1. During the passage of the European Union (Withdrawal) Act 2018 through the House of Commons, the Government committed to providing a statement on the impact of EU-exit primary legislation on either the Equality Act 2006 or the Equality Act 2010.
  2. The Trade Act does not amend, repeal or revoke any provision of the Equality Act 2006 or any subordinate legislation made under that Act or the Equality Act 2010.
  3. The Trade Act amends the Equality Act 2010 only to the extent of adding the TRA and the TAC to the list of public authorities in Part 1 of Schedule 19 to that Act (by paragraph 40 of Schedule 4 and paragraph 6 of Schedule 6, respectively). The effect of these amendments is to make the TRA and the TAC subject to the Public Sector Equality Duty, which means that the TRA and the TAC must, in the exercise of their functions, have due regard to the need to (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it (see section 149 of the Equality Act 2010). The relevant protected characteristics are defined in section 4 of the Equality Act 2010 and comprise age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
  4. In relation to the policy which is given effect by the Act, the Secretary of State for International Trade has had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010.

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