Citation, interpretation, commencement and application

1.  This Order may be cited as the Equality Act 2010 (Commencement No. 16) (Wales and Scotland) Order 2021.

2.  In this Order, “ the 2006 Act” means the Equality Act 2006( 2).

3.  The provision specified in article 4 comes into force on the day after the day on which this Order is made, for the purposes of the application of Part 1 of the 2006 Act in Wales and Scotland only.

Provision coming into force

4.  The provision is paragraph 76 of Schedule 26 to the Equality Act 2010, in so far as it relates to section 34(2)(a) of the 2006 Act, as substituted by sub-paragraph (3)(b) of that paragraph.

EXPLANATORY NOTE

(This note is not part of the Order)

This is the sixteenth commencement order made under the Equality Act 2010 (‘the 2010 Act’).

It makes a partial commencement of paragraph 76 of Schedule 26 to the 2010 Act, and applies for the purposes of the application of Part 1 of the Equality Act 2006 (‘the 2006 Act’) in Scotland and Wales only. Paragraph 76 contains amendments to section 34 of the 2006 Act. Section 34 of the 2006 Act sets out the meaning of the term ‘unlawful’ for the purposes of Part 1 of that Act. The term is relevant to the exercise of functions by the Commission for Equality and Human Rights (‘EHRC’), established under the 2006 Act.

The amendment brought into force by this Order has the effect of excluding a breach of section 1 (public sector duty regarding socio-economic inequalities) of the 2010 Act from the meaning of ‘unlawful’ in section 34 of the 2006 Act. Although section 1 of the 2010 Act is not in force in England, it is in force in Scotland and Wales, where the EHRC has functions.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)