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

Savings and consequential amendments relating to Wales

5.—(1) Despite their lapse by virtue of Schedule 27 to the 2010 Act, subject to paragraph (2), the Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002(1) continue in effect so far as they relate to Wales until regulations under paragraph 6 of Schedule 17 to the 2010 Act come into force.

(2) In regulation 2 of those Regulations—

(a) after the definition of “the 1996 Act” insert—

““the 2010 Act” means the Equality Act 2010;”;

(b) in the definition of “claim”, for “of unlawful discrimination under Chapter 1 of Part IV of the 1995 Act” substitute—

“under Chapter 1 of Part 6 of the 2010 Act for—

(i)

disability discrimination,

(ii)

harassment related to disability, or

(iii)

victimisation within the meaning of section 27 of the 2010 Act where the protected act in question relates to disability;”;

(c) after the definition of “the clerk to the tribunal” insert—

““disability” means disability within the meaning of section 6 of the 2010 Act;”.

(1)

S.I. 2002/1985, amended by S.I. 2008/2683, which was made under sections 28J(1), (2), (3) and (8), 67(1) and (3) and 68(1) of the 1995 Act, which is being repealed by Schedule 27 to the 2010 Act. It was also made under other powers not relevant to this Order.