PART 2Amendment of primary legislation
Amendment of the Equality Act 2010I15
1
The Equality Act 2010 M1 is amended as follows.
2
In section 140AA (extension of time limits because of alternative dispute resolution in certain cross border or domestic contractual disputes), in subsection (1)—
a
omit paragraph (a);
F1b
for paragraph (b), substitute—
“ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (S.I. 2015/542)
c
for paragraph (d), substitute “
“ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution
”
;
F2ca
after paragraph (d), insert—
da
“consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
d
for paragraph (f), substitute—
“relevant dispute” means a dispute that—
a
concerns obligations under a F3sales contract or a service contract , and
b
is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom, which the parties attempt to settle by recourse to a non-binding ADR procedure.
F4e
after paragraph (f), insert—
g
“sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object;
h
“service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price;
i
“trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
3
In section 162 (designated transport facilities), omit subsection (4).
4
Omit section 203 (harmonisation) and Schedule 24.
5
Omit section 204 (harmonisation: procedure).
6
In section 208 (Ministers of the Crown, etc.), in subsection (5), omit paragraph (h).
7
In Schedule 3 (services and public functions: exceptions),
a
in paragraph 15A (immigration)—
i
in sub-paragraph (2), for “functions exercisable by virtue of a relevant enactment” substitute “
relevant functions
”
;
ii
in sub-paragraph (4)(b), for the words from “by a” to the end substitute “
by or under anything mentioned in sub-paragraph (5)(a) to (c)
”
;
iii
in sub-paragraph (5)—
aa
for “The relevant enactments are” substitute “
“Relevant functions” means functions exercisable by virtue of
”
;
bb
in paragraph (b), at the end insert “
or
”
;
cc
in paragraph (c), for the words from the beginning to “which” substitute “
anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and
”
;
dd
omit paragraph (d) and the “and” before it;
b
in paragraph 17 (immigration)—
i
in sub-paragraph (2), for “functions exercisable by virtue of a relevant enactment” substitute “
relevant functions
”
;
ii
in sub-paragraph (4)(b), for the words from “by a” to the end substitute “
by or under anything mentioned in sub-paragraph (5)(a) to (c)
”
;
iii
in sub-paragraph (5)—
aa
for “The relevant enactments are” substitute “
“Relevant functions” means functions exercisable by virtue of
”
;
bb
in paragraph (b), at the end insert “
or
”
;
cc
in paragraph (c), for the words from the beginning to “which” substitute “
anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and
”
;
dd
omit paragraph (d) and the “and” before it.
8
In Schedule 18 (public sector equality duty: exceptions), in paragraph 2 (immigration) in sub-paragraph (2)(h), for the words from the beginning to “which” substitute “
anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and
”
.
9
In Schedule 23 (general exceptions), in paragraph 4 (training provided to non-EEA residents, etc) —
a
in the heading, omit “EEA”;
b
in sub-paragraph (2), for “an EEA state” substitute “
Great Britain
”
;
c
omit sub-paragraph (5)(a).