Explanatory Notes

Equalities

620 During the passage of the EU (Withdrawal) Act 2018 through the House of Commons, the previous Government committed to providing a statement on the impact of EU-exit primary legislation on either the Equality Act 2006 or the Equality Act 2010.

621 With certain exceptions set out below, the European Union (Withdrawal Agreement) Bill does not amend, repeal or revoke any provision of the Equality Act 2006, the Equality Act 2010 or any subordinate legislation made under either of those Acts (the equalities legislation).

622 Paragraph 21 of Schedule 2 of the Bill amends Part 1 of Schedule 19 of the 2010 Act to add the IMA to the list of public bodies which are subject to the public sector equality duty.

623 Further, there are some EU-related references in the Equalities Acts which will be glossed by the implementation period provisions in the Bill. For example, references to the ECA will be read as references to the modified and saved version of the Act and references to EU measures will be read as references to those EU measures as they have effect by virtue of Part 4 of the Withdrawal Agreement. These glosses enable the provisions of the Acts to operate properly during the implementation period, reflecting the UK's new relationship with EU law during that period.

624 In relation to the policy which is given effect by the Bill, the Secretary of State has had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010.

 

Prepared 19th December 2019