The Transfer of Functions (Equality) Order 2010
At the Court at Buckingham Palace, the 21st day of July 2010
Present,
The Queen’s Most Excellent Majesty in Council
Citation and commencement1.
(1)
This Order may be cited as the Transfer of Functions (Equality) Order 2010.
(2)
This Order comes into force on 18th August 2010.
Interpretation2.
(1)
In this Order “instrument” includes, in particular, Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.
(2)
In this Order “equality function” means a function which by virtue of article 3—
(a)
is transferred from the Lord Privy Seal to the Secretary of State, or
(b)
ceases to be exercisable concurrently by the Lord Privy Seal.
Transfer of equality functions3.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
(a)
(b)
Transfer of property, rights and liabilities4.
(1)
There are transferred to the Secretary of State for the Home Department all property, rights and liabilities to which the Lord Privy Seal is entitled or subject at the coming into force of this Order in connection with any equality function, other than property, rights and liabilities transferred by paragraph (2).
(2)
There are transferred to the Secretary of State for Communities and Local Government—
(a)
all immovable property to which the Lord Privy Seal is entitled at the coming into force of this Order in connection with any equality function, and
(b)
all rights and liabilities to which the Lord Privy Seal is entitled or subject at that time in connection with that property.
Supplementary5.
(1)
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Lord Privy Seal may, so far as it relates to any equality function or anything transferred by article 4, be continued by or in relation to the transferee.
(2)
Anything done (or having effect as if done) by or in relation to the Lord Privy Seal in connection with any equality function or anything transferred by article 4 has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the transferee.
(3)
Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of article 3 or 4, as if references to (and references which are to be read as references to) the Lord Privy Seal were or included references to the transferee.
(4)
Documents or forms printed for use in connection with any equality function may be used in connection with that function even though they contain (or are to be read as containing) references to the Lord Privy Seal.
(5)
For the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the transferee.
(6)
In this article “the transferee”—
(a)
in relation to an equality function or anything transferred by article 4(1), means the Secretary of State for the Home Department, and
(b)
in relation to anything transferred by article 4(2), means the Secretary of State for Communities and Local Government.
(7)
In paragraphs (1) to (5) references to the Lord Privy Seal include references to the Government Equalities Office (when in the charge of the Lord Privy Seal) or an officer of that Office, and references to the transferee—
(a)
where the transferee is the Secretary of State for the Home Department, are to be read as including references to the Government Equalities Office (when in the charge of that Secretary of State) or an officer of that Office accordingly, and
(b)
where the transferee is the Secretary of State for Communities and Local Government, are to be read as including references to the department or an officer of that Secretary of State accordingly.
Supplemental: validity of things done before coming into force of Order6.
(1)
This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Lord Privy Seal before the coming into force of this Order.
(2)
In paragraph (1) a reference to the Lord Privy Seal includes a reference to the Government Equalities Office or an officer of the Government Equalities Office.
Consequential amendments7.
The Schedule has effect.
SCHEDULECONSEQUENTIAL AMENDMENTS
Equal Pay Act 1970
1.
(1)
(2)
(a)
section 2(2) (disputes as to, and enforcement of, requirement of equal treatment);
(b)
section 5(1) and (3) (agricultural wages orders);
(c)
(3)
Employment and Training Act 1973
2.
Sex Discrimination Act 1975
3.
(1)
(2)
(3)
(a)
(b)
section 74(1) and (3) (help for aggrieved persons in obtaining information etc);
(c)
(d)
(e)
(f)
(g)
section 80 (power to amend certain provisions of Act);
(h)
(4)
(a)
section 81(1) and (2) (orders);
(b)
the definition of “prescribed” in section 82(1) (general interpretation).
(5)
Race Relations Act 1976
4.
(1)
(2)
(3)
(a)
(b)
section 65(1) and (3) (help for aggrieved persons in obtaining information etc);
(c)
section 67(4) (sheriff courts and designated county courts);
(d)
(e)
(f)
(g)
section 73 (power to amend certain provisions of Act).
(4)
(a)
omit the definition of “the Minister”, and
(b)
in the definition of “prescribed” for “Minister or the Secretary of State” substitute “Secretary of State”.
Sex Discrimination (Election Candidates) Act 2002
5.
Civil Partnership Act 2004
6.
Equality Act 2006
7.
(1)
(2)
(a)
section 4(4) (strategic plan);
(b)
section 10(6) (power to amend list of matters for purpose of definition of “group”);
(c)
section 12(5) (monitoring progress);
(d)
section 14(5) and (7) to (10) (codes of practice);
(e)
section 15(3) and (6) (codes of practice: supplemental);
(f)
section 27(10) (conciliation);
(g)
section 28(8) (legal assistance);
(h)
section 29(5) (legal assistance: costs);
(i)
section 33(3) (equality and human rights enactments);
(j)
section 50(3) and (4) (section 49: exceptions);
(k)
section 52(6) (public authorities: general);
(l)
section 64(1) and (2) (amendment of exceptions);
(m)
section 70(2), (3) and (5) (information);
(n)
section 81(1) (regulations);
(o)
Schedule 1 (the Commission), except paragraph 36(3).
(3)
(4)
(5)
Charities Act 2006
8.
This Order makes provision in connection with the transfer of certain statutory functions relating to equality from the Lord Privy Seal to the Secretary of State. The Government Equalities Office, previously the department of the Lord Privy Seal, is now headed by the Secretary of State entrusted with responsibility for equality (the Home Secretary).
Article 3(1) transfers to the Secretary of State certain statutory functions of the Lord Privy Seal. Article 3(2) provides that certain statutory functions exercisable concurrently by the Secretary of State and the Lord Privy Seal cease to be exercisable by the Lord Privy Seal. The functions in question either relate to equality or can be used in connection with functions relating to equality.
Article 4 transfers the property, rights and liabilities of the Lord Privy Seal in relation to those functions to the Home Secretary, except that immovable property and associated rights and liabilities are transferred to the Secretary of State for Communities and Local Government (who under current practice holds immovable property for the Home Secretary). Articles 5 and 6 make supplemental provision in connection with articles 3 and 4.
Article 7 and the Schedule to the Order make consequential amendments.
Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.