PART 1Acts of Parliament

Disabled Persons (Employment) Act 19441

In section 15 of the Disabled Persons (Employment) Act 194421 (provision of employment for seriously disabled persons), in subsection (5A), for “the Disability Discrimination Act 1995” substitute “the Equality Act 2010”.

Teaching Council (Scotland) Act 19652

In section 1(3) of the Teaching Council (Scotland) Act 196522, for “Disability Discrimination Act 1995” substitute “Equality Act 2010”.

Employment and Training Act 19733

In section 12(1) of the Employment and Training Act 197323 (duty of Secretary of State to give preference to ex-service men and women when exercising power to select disabled persons for employment, training, etc.), for “has the same meaning as in the Disability Discrimination Act 1995” substitute “has the same meaning as in the Equality Act 2010”.

Estate Agents Act 1979

4

The Estate Agents Act 197924 is amended as follows.

5

In section 5(3)25 (supplementary provisions about prohibition and warning orders)—

a

for “section 62 of the Sex Discrimination Act 1975, section 53 of the Race Relations Act 1976” substitute “section 113 of the Equality Act 2010 (proceedings)”; and

b

omit “those Acts and”.

6

1

Schedule 1 (provisions supplementary to section 3(1)) is amended as follows.

2

For paragraph 226 substitute—

2

1

A person commits discrimination for the purposes of section 3(1)(b) in the following cases only.

2

The first case is where—

a

the person has been found to have contravened a relevant equality provision, and

b

no appeal against the finding is pending or can be brought.

3

The second case is where—

a

the person has been given an unlawful act notice under section 21 of the Equality Act 2006,

b

the notice specifies a relevant equality provision as the provision by virtue of which the act in question is unlawful, and

c

no appeal against the giving of the notice is pending or can be brought.

4

The third case is where—

a

the person is the subject of an injunction, interdict or order under section 24 of the Equality Act 2006 (unlawful acts), and

b

the unlawful act in question is a contravention of a relevant equality provision.

5

The relevant equality provisions are—

a

Parts 3 and 4 of the Equality Act 2010 (services and premises) so far as relating to discrimination and victimisation, and

b

section 112 of that Act (aiding contraventions) in relation to either of those Parts of that Act so far as relating to discrimination and victimisation.

3

In paragraph 3 for “discrimination” substitute “a contravention of a relevant equality provision”.

4

For paragraph 427 substitute—

4

For the purposes of paragraphs 2 and 3 “discrimination” and “victimisation” have the same meaning as in the Equality Act 2010.

Civic Government (Scotland) Act 19827

1

Section 20 of the Civic Government (Scotland) Act 198228 (regulations relating to taxis and private hire cars and their drivers) is amended as follows.

2

In subsection (2A)29 for “section 1(2) of the Disability Discrimination Act 1995” substitute “section 6 of the Equality Act 2010”.

3

In subsection (2AA)30 for “section 1(2) of the Disability Discrimination Act 1995 (c.50)” substitute “section 6 of the Equality Act 2010”.

Housing (Scotland) Act 19878

In section 338(1) of the Housing (Scotland) Act 198731 (interpretation) in the definition of “disabled person” for “Disability Discrimination Act 1995 (c.50),” substitute “Equality Act 2010,”.

13

The Employment Act 198932 is amended as follows.

14

In section 8 (exemption for discrimination in favour of lone parents in connection with training), in subsection (2), for the words from “for the purposes of the 1975 Act” to the end substitute “for the purposes of the Equality Act 2010 as giving rise to any contravention of Part 5 of that Act, so far as relating to marriage and civil partnership discrimination (within the meaning of that Act).

16

In section 2833 (orders etc.), omit subsections (2), (3) and (4)(a).

17

In section 29(1)34 (interpretation), omit the definition of “the 1975 Act”.

Local Government and Housing Act 198918

In section 7(2) of the Local Government and Housing Act 198935 (requirement for appointments to be on merit to be subject to discrimination law)—

a

omit paragraphs (c), (d) and (f), and

b

at the end insert—

g

sections 39, 40 and 49 to 51 of the Equality Act 2010 (employees and office-holders), so far as relating to disability, and Schedule 8 to that Act (reasonable adjustments for disabled persons) so far as it applies in relation to sections 39 and 49 to 51 of that Act;

h

paragraph 1 of Schedule 9 to that Act (occupational requirements), so far as relating to sex, pregnancy and maternity, marriage and civil partnership, gender reassignment or race.

Enterprise and New Towns (Scotland) Act 1990

19

The Enterprise and New Towns (Scotland) Act 199036 is amended as follows.

20

In section 2(4)(a)37 (functions in relation to training for employment etc.) for “section 3(1) of the Race Relations Act 1976” substitute “section 9 of the Equality Act 2010”.

21

In section 16(2)38 (courses of training etc.: duty to give preference to certain categories) for “Disability Discrimination Act 1995” substitute “Equality Act 2010”.

22

For section 17 (encouragement of women, members of minority racial groups and disabled persons to take advantage of opportunities for certain work etc) substitute—

17Encouragement of women, members of ethnic minorities and disabled persons to take up certain employment opportunities and training

1

Scottish Enterprise and Highlands and Islands Enterprise shall each, in exercising its functions, promote such actings by any employer as are lawful by virtue of section 158 of the Equality Act 2010 (the “2010 Act”) (positive action: general) in relation to—

a

affording access to facilities for training, and

b

encouraging persons to take advantage of opportunities for taking up that employer’s work.

2

This section applies to the protected characteristics of sex, race and disability within the meaning of the 2010 Act.

3

This section is without prejudice to paragraph (a) of section 2(4) of this Act or to any provision of the 2010 Act prohibiting discrimination within the meaning of that Act.

Further and Higher Education Act 199223

In section 62(7B) of the Further and Higher Education Act 199239 (higher education funding councils) for “Disability Discrimination Act 1995” substitute “Equality Act 2010”.

Trade Union and Labour Relations (Consolidation) Act 199224

1

Schedule A2 to the Trade Union and Labour Relations (Consolidation) Act 199240 (tribunal jurisdictions where failure by employer or employee to comply with applicable code of practice may affect the level of damages) is amended as follows.

2

Omit the entries relating to—

a

the Equal Pay Act 197041;

b

the Sex Discrimination Act 1975;42

c

the Race Relations Act 1976;43

d

the Disability Discrimination Act 1995;

e

the Employment Equality (Sexual Orientation) Regulations 200344;

f

the Employment Equality (Religion or Belief) Regulations 200345;

g

the Employment Equality (Age) Regulations 200646.

3

At the end of the entries relating to provisions of Acts, insert—

• “Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”

Trade Union Reform and Employment Rights Act 1993

25

In section 39(2) of the Trade Union Reform and Employment Rights Act 199347 (agreements not to take proceedings before employment tribunal) omit “the Sex Discrimination Act 1975, the Race Relations Act 1976, and”.

26

In Schedule 648 (compromise contracts) omit paragraphs 1 and 2.

Employment Tribunals Act 1996

27

The Employment Tribunals Act 199649 is amended as follows.

28

In section 5(2)(c) (remuneration, fees and allowances) for “2A(1)(b) of the Equal Pay Act 1970” substitute “131(2) of the Equality Act 2010”.

29

In section 7(3)(h)50 (employment tribunal procedure regulations) for “2A(1)(b) of the Equal Pay Act 1970” substitute “131(2) of the Equality Act 2010”.

30

In section 12(1)51 (restriction of publicity in disability cases) for “section 17A or 25(8) of the Disability Discrimination Act 1995” substitute “section 120 of the Equality Act 2010, where the complaint relates to disability”.

31

In section 18(1) (tribunal proceedings to which conciliation provisions apply)—

a

for paragraph (a)52 substitute—

a

under section 120 or 127 of the Equality Act 2010,

b

omit paragraphs (c), (k), (l) and (r)53.

32

In section 21(1)54 (Jurisdiction of appeal tribunal)—

a

omit paragraphs (a), (b), (c), (e),(l), (m) and (s)55; and.

b

at the end of the entries relating to provisions in Acts, insert—

ge

the Equality Act 2010,

Employment Rights Act 199633

1

Section 126 of the Employment Rights Act 199656 (acts which are both unfair dismissal and discrimination) is amended as follows.

2

In subsection (1) for paragraph (b)57 substitute—

b

the Equality Act 2010.

3

In subsection (2)58—

a

for “any one of those Acts or Regulations” substitute “either of those Acts”, and

b

for “any other of them” substitute “the other”.

Housing Grants, Construction and Regeneration Act 199634

In section 126 of the Housing Grants, Construction and Regeneration Act 199659 (Secretary of State’s power to give financial assistance etc), in subsection (3), in the definition of “racial group”, for “the Race Relations Act 1976” substitute “section 9 of the Equality Act 2010”.

Education Act 1996

35

The Education Act 199660 is amended as follows.

36

1

Section 317 of the Education Act 1996 (duties of governing bodies etc in relation to pupils with special educational needs) is amended as follows.

2

In subsection (6)(b)(iv)61 for “section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”)” substitute “paragraph 3 of Schedule 10 to the Equality Act 2010 (“the 2010 Act”)”.

3

For subsection (6A) substitute—

6A

In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 2010 Act; and section 89 (interpretation of Part 6) of, and paragraph 6 of Schedule 10 (supplementary provisions for Schedule 10) to, the 2010 Act apply for the purposes of subsection (6)(b) as they apply for the purposes of Part 6 of and Schedule 10 to that Act.

37

In section 336(4A)62 (tribunal procedure) for “claim under Chapter 1 of Part 4 of the Disability Discrimination Act 1995” substitute “claim in relation to a contravention of Chapter 1 of Part 6 of the Equality Act 2010 so far as relating to disability.”.

38

In section 509AC(5)63(interpretation etc), in the definition of “disabled person”, for “Disability Discrimination Act 1995” substitute “Equality Act 2010”.

39

Omit section 583(5) (commencement etc: transitory provision relating to the Disability Discrimination Act 1995).

40

In Schedule 35B64 (meaning of eligible child etc), paragraph 15(4), for “Disability Discrimination Act 1995” substitute “Equality Act 2010”.

41

In Schedule 35C65 (school travel schemes), paragraph 14, in the definition of “disabled child”, for “Disability Discrimination Act 1995” substitute “Equality Act 2010”.

42

1

In Schedule 36A66 (education functions of local authorities) the table is amended as follows.

2

Omit the entries relating to the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995.

3

Insert at the end—

Equality Act 2010 (c. 15)
Section 29(7) in its application to a local authority’s functions under the Education Acts	Duty to make reasonable adjustments for disabled persons.
Section 85(6)	Duty (as responsible body) to make reasonable adjustments for disabled pupils.
Section 92(6)	Duty (as responsible body) to make reasonable adjustments for disabled persons in further and higher education.
Section 93(6)	Duty (as responsible body) to make reasonable adjustments for disabled persons in the provision of recreational or training facilities.
paragraph 1 of Schedule 10	Duty to prepare and implement accessibility strategy.
paragraph 3 of Schedule 10	Duty (as responsible body) to prepare and implement an accessibility plan.

Teaching and Higher Education Act 199843

In section 1(4) of the Teaching and Higher Education Act 199867 (the General Teaching Council for England) for “Disability Discrimination Act 1995” substitute “Equality Act 2010”.

School Standards and Framework Act 1998

44

The School Standards and Framework Act 199868 is amended as follows.

45

In Schedule 5, in paragraph 669 (adjudicators, procedure) for subparagraphs (a) to (c) substitute—

a

section 71 of the Race Relations Act 1976, or

b

Parts 3 and 6 of the Equality Act 2010,

46

1

In Schedule 6, Part 5 (procedures for making transitional exemption orders in Wales) paragraph 22(4)70 is amended as follows.

2

For the definition of “the 1975 Act” substitute—

• “the 2010 Act” means the Equality Act 2010,

3

In the definition of “the responsible body” for “section 22 of the 1975 Act” substitute “section 85 of the 2010 Act”.

4

In the definition of “transitional exemption order” for “section 27 of the 1975 Act” substitute “paragraph 3 of Schedule 11 to the 2010 Act”.

5

For “section 27(1) of the 1975 Act” substitute “paragraph 3 of Schedule 11 to the 2010 Act”.

47

1

In Schedule 7, in Part 6 (transitional exemption orders, interpretation) paragraph 16(6)71 is amended as follows.

2

For the definition of the 1975 Act substitute—

• “the 2010 Act” means the Equality Act 2010,

3

In the definition of “the responsible body” for “section 22 of the 1975 Act” substitute “section 85 of the 2010 Act”.

4

In the definition of “transitional exemption order” for “section 27 of the 1975 Act” substitute “paragraph 3 of Schedule 11 to the 2010 Act”.

5

For “section 27(1) of the 1975 Act” substitute “paragraph 3 of Schedule 11 to the 2010 Act”.

Transport Act 200048

In section 112(2) of the Transport Act 200072 (plans and strategies: supplementary) for “Disability Discrimination Act 1995” substitute “Equality Act 2010”.

Employment Act 200249

1

Schedule 5 to the Employment Act 200273 (tribunal jurisdiction) is amended as follows.

2

Omit the entries relating to—

a

the Equal Pay Act 197074;

b

the Sex Discrimination Act 197575;

c

the Race Relations Act 197676;

d

the Disability Discrimination Act 199577;

e

the Employment Equality (Sexual Orientation) Regulations 200378;

f

the Employment Equality (Religion or Belief) Regulations 200379;

g

the Employment Equality (Age) Regulations 200680.

3

At the end of the entries relating to provisions of Acts, insert—

• “Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”.

Income Tax (Earnings and Pensions) Act 2003

50

The Income Tax (Earnings and Pensions) Act 200381 is amended as follows.

51

In section 439(4)82 (chargeable events) after “within the meaning of” insert “the Equality Act 2010 in England and Wales and Scotland, or ”.

52

In section 477(5)83 (chargeable events) after “within the meaning of” insert “the Equality Act 2010 in England and Wales and Scotland, or ”.

Communications Act 2003

53

The Communications Act 200384 is amended as follows.

54

In section 27(5) (training and equality of opportunity)—

a

in the definition of “disabled” after “meaning as in” insert “the Equality Act 2010 or, in Northern Ireland,”, and

b

in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “Equality Act 2010”.

55

In section 337(9) (promotion of equal opportunities and training)—

a

in the definition of “disabled” after “meaning as in” insert “the Equality Act 2010 or, in Northern Ireland,”, and

b

in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “Equality Act 2010”.

56

In Schedule 12, in paragraph 23(6) (obligations of the Welsh Authority in relation to equality of opportunity)—

a

in the definition of “disability” after “meaning as in” insert “the Equality Act 2010 or, in Northern Ireland,”, and

b

in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “the Equality Act 2010”.

Finance Act 2004

57

The Finance Act 200485 is amended as follows.

58

In section 172A(5)(db)86 (surrender of pension benefits etc) for—

a

“the Employment Equality (Age) Regulations 2006 or” substitute “Part 5 of the Equality Act 2010, so far as relating to age, or the”, and

b

for “them” substitute “those Regulations.”.

59

In paragraphs 11D(2A) and (2B)(b), 12(2C)(d) and 14(3A) and (3D)(a)87 of Schedule 36 (pension schemes etc: transitional provisions and savings)—

a

for “the Employment Equality (Age) Regulations 2006, or” substitute “Part 5 of the Equality Act 2010, so far as relating to age, or the”, and

b

for “them” substitute “those Regulations.”.

Serious Organised Crime and Police Act 200560

Section 56 of the Serious Organised Crime and Police Act 200588 (the title to which becomes “Application of discrimination legislation to SOCA seconded staff: Northern Ireland”) is amended as follows—

a

in subsection (2), omit paragraphs (a) and (b); and

b

in subsection (4), omit paragraphs (a), (b), (g) and (h) and the “and” preceding each of paragraphs (g) and (h).

Immigration, Asylum and Nationality Act 200686

In section 23(1)(a) of the Immigration Asylum and Nationality Act 200689 (discrimination: code of practice) for “the Race Relations Act 1976 (c. 74)” substitute “the Equality Act 2010, so far as relating to race”.

Childcare Act 2006

87

The Childcare Act 200690 is amended as follows.

88

In section 6(6) (duty to secure sufficient childcare for working parents) in the definition of “disabled child” for “Disability Discrimination Act 1995 (c.50)” substitute “Equality Act 2010”.

89

In section 12(8) (duty to provide information, advice and assistance) for “Disability Discrimination Act 1995 (c.50)” substitute “Equality Act 2010”.

90

In section 22(6) (duty to secure sufficient childcare for working parents (Wales)) in the definition of “disabled child” for “Disability Discrimination Act 1995 (c.50)” substitute “Equality Act 2010”.

91

In section 27(8) (duty to provide information, advice and assistance (Wales)) for “Disability Discrimination Act 1995 (c.50)” substitute “Equality Act 2010”.

Education and Inspections Act 2006

92

The Education and Inspections Act 200691 is amended as follows.

93

In section 21(5) (proposals under section 19: procedure) for “section 27 of the Sex Discrimination Act 1975 (c. 65) (exception for single-sex establishments turning co-educational)” substitute “paragraphs 3 and 4 of Schedule 11 to the Equality Act 2010 (single-sex schools turning co-educational)”.

94

In section 91(7) (enforcement of disciplinary penalties) for “Disability Discrimination Act 1995 (c.50)” substitute “Equality Act 2010”.

Finance Act 200795

In paragraph 7(7) of Schedule 18 to the Finance Act 200792 (pension schemes: abolition of relief for life insurance premium contributions etc)—

a

for “Employment Equality (Age) Regulations 2006 (SI 2006/1031)” substitute “Equality Act 2010, so far as relating to age,”, and

b

for “them” substitute “those Regulations”.

UK Borders Act 200796

In section 48(2)(f) of the UK Borders Act 200793 (recommendations by Chief Inspector of UK Border Agency) for “section 19D of the Race Relations Act 1976 (c.74)” substitute “paragraph 17 of Schedule 3 to the Equality Act 2010”.

Regulatory Enforcement and Sanctions Act 2008

97

The Regulatory Enforcement and Sanctions Act 200894 is amended as follows.

98

Insert after section 38(2) (meaning of “relevant offence”)—

3

The entry in Schedule 6 for Part 5 of the Disability Discrimination Act 1995 is, in relation to England and Wales and Scotland, to be read as a reference to Part 12 of the Equality Act 2010.

99

In Schedule 3 (enactments specified for the purposes of the Part relating to LBRO) omit “Disability Discrimination Act 1995 (c. 50)”.

Apprenticeships, Skills, Children and Learning Act 2009100

In section 218(3)(b) of the Apprenticeships, Skills, Children and Learning Act 200995 (arrangements etc to be made by Commission) for “section 1(1) of the Disability Discrimination Act 1995 (c.50)” substitute “section 6 of the Equality Act 2010”.

PART 2Acts of the Scottish Parliament

Education (Disability Strategies and Pupils’ Educational Records)(Scotland) Act 2002101

In section 6 of the Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 200296 (interpretation) in the definition of “pupil with a disability” for “Disability Discrimination Act 1995 (c.50)” substitute “Equality Act 2010”.

Freedom of Information (Scotland) Act 2002

102

The Freedom of Information (Scotland) Act 200297 is amended as follows.

103

In section 11(5) (means of providing information) for “provider of services has under or by virtue of section 21 of the Disability Discrimination Act 1995 (c. 50)” substitute “person has under or by virtue of section 29 of the Equality Act 2010 (provision of services etc)”.

104

In section 12(6) (excessive cost of compliance) for “Disability Discrimination Act 1995 (c.50)” substitute “Equality Act 2010”.

Dog Fouling (Scotland) Act 2003105

In section 16 of the Dog Fouling (Scotland) Act 200398 (interpretation) in the definition of “disabled person” for “section 1 of the Disability Discrimination Act 1995 (c.50)” substitute “section 6 of the Equality Act 2010”.

Education (Additional Support for Learning) (Scotland) Act 2004106

Paragraph 3(1)(e) of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 200499 (exclusion to duty to comply with placing requests) is amended as follows—

a

for “section 26 of the Sex Discrimination Act 1975 (c.65))” substitute “paragraph 1(2) of Part 1 of Schedule 11 to the Equality Act 2010”, and

b

for “section”, where it occurs for the second time, substitute,“paragraph”.

Education (Additional Support for Learning) (Scotland) Act 2009107

In section 9 of the Education (Additional Support for Learning) (Scotland) Act 2009100 (functions of education authority in relation to certain pre-school children etc), in the amendment to section 5(3)(c) of the Education (Additional Support for Learning) (Scotland) Act 2004, for “Disability Discrimination Act 1995 (c.50)” substitute “Equality Act 2010”.