This Statutory Instrument has been made in consequence of a defect in S.I. 2010/2317 (C. 112) and is being issued free of charge to all known recipients of that Statutory Instrument.

2010 No. 2337 (C. 113)

Equality

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

Made

Coming into force

The Secretary of State, in exercise of the powers conferred by sections 207(4) and 216(3) of the Equality Act 20101, makes the following Order:

Citation and commencement1

1

This Order may be cited as the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (Amendment) Order 2010.

2

This Order comes into force on 1st October 2010 at the same time as the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 20102.

Amendment of transitory provisions relating to ships and hovercraft2

After paragraph (4) of article 11 of the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010, insert—

5

Despite their amendment by article 24 and Schedule 8, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 20043 continue to apply in the form immediately before their amendment by those provisions, so far as they relate to work on ships, work on hovercraft and seafarers, until regulations under section 81 of the 2010 Act come into force.

Theresa MaySecretary of State for the Home Department
EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under the Equality Act 2010 (c.15) (“the Act”). It amends the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (S.I. 2010/2317 (C. 112)) (“Commencement Order No. 4”). Commencement Order No. 4 brings the majority of the Act into force on 1st October 2010 and makes various savings, consequential, transitional, transitory and incidental provisions and a revocation. These savings and other provisions are made as a result of the repeal and revocation of previous discrimination legislation and its replacement by the Act, and of the lapse of previous subordinate legislation because of the repeal of previous discrimination legislation by that Act.

This Order inserts a provision as new paragraph (5) of article 11, which saves the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/1861) in the form in which they stand immediately prior to their amendment by article 24 of, and Schedule 8 to, Commencement Order No. 4. These are saved only so far as they relate to work on ships, work on hovercraft and seafarers, and only until regulations under section 81 of the Act come into force.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The provisions commenced by Commencement Order No. 4 are not listed below since they are not coming into force until 1st October 2010 and this Order does not alter which provisions are commenced by Commencement Order No. 4.

Provision

Date of Commencement

S.I. No.

Section 6(5) (partially)

6th July 2010

2010/1736

Section 6(6) (partially)

4th August 2010

2010/1966

Section 22 (partially)

6th July 2010

2010/1736

Section 38(8) (partially)

4th August 2010

2010/1966

Section 61(8) and (9) (partially)

6th July 2010

2010/1736

Section 80(8) (partially)

4th August 2010

2010/1966

Section 81 (partially)

6th July 2010

2010/1736

Section 82 (partially)

6th July 2010

2010/1736

Section 83(11) (partially)

4th August 2010

2010/1966

Section 94(12) (partially)

4th August 2010

2010/1966

Section 96(9)(b) (partially)

3rd September 2010

2010/2191

Section 96(10) and (11) (partially)

6th July 2010

2010/1736

Section 97 (partially)

6th July 2010

2010/1736

Section 116(3) (partially)

4th August 2010

2010/1966

Section 117(1), (2), (3) and (4) (partially)

6th July 2010

2010/1736

Section 138(1), (2), (5), (6) and (7) (partially)

6th July 2010

2010/1736

Section 147(4) (partially)

6th July 2010

2010/1736

Section 189 (partially)

4th August 2010

2010/1966

Section 211(1) (partially)

6th July 2010

2010/1736

Schedule 1, paragraphs 1, 2, 3, 4, 5, 7, 8, 10, 11, 13, 14, 15 and 16 (partially)

6th July 2010

2010/1736

Schedule 4, paragraph 9 (partially)

6th July 2010

2010/1736

Schedule 7, paragraphs 4, 5 and 6 (partially)

6th July 2010

2010/1736

Schedule 9, paragraph 16 (partially)

6th July 2010

2010/1736

Schedule 12, paragraph 5 (partially)

6th July 2010

2010/1736

Schedule 17, paragraphs 1 and 6(1) to (7) (partially)

6th July 2010

2010/1736

Schedule 21, paragraph 6 (partially)

6th July 2010

2010/1736

Schedule 26, paragraph 614 (partially)

4th August 2010

2010/1966

Schedule 26, paragraph 65(1), (2), (3) and (5)5

6th July 2010

2010/1736