Equality Act 2006 (c. 3)

Part 1 E+W+S The Commission for Equality and Human Rights

Interpretation E+W+S

33 Equality and human rights enactments E+W+S

(1) In this Part “the equality enactments” means—

(a) the Equal Pay Act 1970 (c. 41),

(b) the Sex Discrimination Act 1975,

(c) the Race Relations Act 1976,

(d) the Disability Discrimination Act 1995,

(e) Part 2 of this Act,

(f) regulations under Part 3 of this Act,

(g) the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), F1 ...

(h) the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660).[F2 and

(i) the Employment Equality (Age) Regulations 2006.]

F2 (2) In this Part “the equality and human rights enactments” means the equality enactments and the Human Rights Act 1998 (c. 42).

(3) The [F3 Secretary of State] may by order amend the list in subsection (1) so as to—

(a) add an entry,

(b) remove an entry, or

(c) vary an entry.

Textual Amendments

F1 Word in s. 33(1)(g) omitted (1.10.2006) by virtue of The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 40(2) (with regs. 44-46)

F2 S. 33(1)(i) and preceding word inserted (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 40(3) (with regs. 44-46)

F3 Words in s. 33(3) substituted (18.8.2010) by Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 1(2), Sch. para. 7(2)(i)

34 Unlawful E+W+S

(1) In this Part (except section 30(3)) “unlawful” means contrary to a provision of the equality enactments.

(2) But action is not unlawful for the purposes of this Part by reason only of the fact that it contravenes a duty under or by virtue of—

(a) section 76A, 76B or 76C of the Sex Discrimination Act 1975 (c. 65) (public authorities: duty to eliminate discrimination, &c.),

(b) section 71 of the Race Relations Act 1976 (c. 74) (public authorities: duty to eliminate discrimination, &c.), or

(c) any of the following provisions of the Disability Discrimination Act 1995 (c. 50)—

(i) Part 5 (public transport),

(ii) sections 49A and 49D (public authorities), and

(iii) section 49G (consent to tenant's improvements).

35 General E+W+S

In this Part—

• “act” includes deliberate omission,

• “groups” has the meaning given by section 10,

• “the Commission” means the Commission for Equality and Human Rights,

• “disabled person” has the meaning given by section 8,

• “human rights” has the meaning given by section 9,

• F4 ...

• “race” includes colour, nationality, ethnic origin and national origin,

• “religion or belief” has the same meaning as in Part 2 (as defined by section 44), and

• “sexual orientation” means an individual's sexual orientation towards—

  (a)

  persons of the same sex as him or her,

  (b)

  persons of the opposite sex, or

  (c)

  both.

Textual Amendments

F4 Words in s. 35 omitted (18.8.2010) by virtue of Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 1(2), Sch. para. 7(3)