Section 198

Schedule 26 5Amendments

Local Government Act 1988

1 Part 2 of the Local Government Act 1988 (public supply or works contracts)
is amended as follows.

2 In section 17 (local and other public authority contracts: exclusion of non-
10commercial considerations)—

(a) omit subsection (9), and

(b) after that subsection insert—

“(10) This section does not prevent a public authority to which it
applies from exercising any function regulated by this section
15with reference to a non-commercial matter to the extent that
the authority considers it necessary or expedient to do so to
enable or facilitate compliance with—

(a) the duty imposed on it by section 143 of the Equality
Act 2009 (public sector equality duty), or

(b) 20any duty imposed on it by regulations under section
147 or 148 of that Act (powers to impose specific
duties).”

3 Omit section 18 (exceptions to section 17 relating to race relations matters).

4 In section 19 (provisions supplementary to or consequential on section 17)
25omit subsection (10).

Employment Act 1989

5 (1) Section 12 of the Employment Act 1989 (Sikhs: requirements as to safety
helmets) is amended as follows.

(2) In subsection (1), for “requirement or condition”, in the first three places,
30substitute “provision, criterion or practice”.

(3) In that subsection, for the words from “section 1(1)(b)” to the end substitute
“section 18 of the Equality Act 2009 (indirect discrimination), the provision,
criterion or practice is to be taken as one in relation to which the condition
in subsection (2)(d) of that section (proportionate means of achieving a
35legitimate aim) is satisfied”.

(4) In subsection (2), for the words from “the Race Relations Act” to the end
substitute “section 13 of the Equality Act 2009 as giving rise to
discrimination against any other person”.

Equality Act 2006

6 The Equality Act 2006 is amended as follows.

7 (1) Section 8 (equality and diversity) is amended as follows.

(2) In subsection (1)—

(a) 5in paragraph (d) for “equality enactments” substitute “Equality Act
2009”, and

(b) in paragraph (e) for “the equality enactments” substitute “that Act”.

(3) In subsection (4) for “Disability Discrimination Act 1995 (c. 50)” substitute
“Equality Act 2009”.

8 10In section 10(2) (meaning of group) for paragraph (d) substitute—

“(d) gender reassignment (within the meaning of section 7 of the
Equality Act 2009),”.

9 For section 11(3)(c) (interpretation) substitute—

“(c) a reference to the equality and human rights enactments is a
15reference to the Human Rights Act 1998, this Act and the
Equality Act 2009.”

10 (1) Section 14 (codes of practice) is amended as follows.

(2) For subsection (1) substitute—

“(1) The Commission may issue a code of practice in connection with any
20matter addressed by the Equality Act 2009.”

(3) In subsection (2)(a) for “a provision or enactment listed in subsection (1)”
substitute “the Equality Act 2009 or an enactment made under that Act”.

(4) In subsection (3)—

(a) in paragraph (a) for “section 49G(7) of the Disability Discrimination
25Act 1995 (c. 50)” substitute “section 183(7) of the Equality Act 2009”,
and

(b) for paragraph (c)(iv) substitute—

“(iv) section 183 of the Equality Act 2009.”

(5) In subsection (5)(a) for “listed in subsection (1)” substitute “a matter
30addressed by the Equality Act 2009”.

(6) In subsection (9) for “section 76A” to “duties)” substitute “section 143, 147 or
148 of the Equality Act 2009 (public sector equality duty)”.

11 In section 16(4) (inquiries: matters which the Commission may consider and
report on) for “equality enactments” substitute “Equality Act 2009”.

12 35In section 21(2)(b) (unlawful act notice: specification of legislative provision)
for “equality enactments” substitute “Equality Act 2009”.

13 After section 24 insert—

“24A Enforcement powers: supplemental

(1) This section has effect in relation to—

(a) an act which is unlawful because, by virtue of any of sections
13 to 17 of the Equality Act 2009, it amounts to a
contravention of any of Parts 3, 4, 5, 6 or 7 of that Act,

(b) an act which is unlawful because, by virtue of section 102(1)
5of that Act, it amounts to a contravention of any of Parts 3, 4,
5, 6 or 7 of that Act, or

(c) the application of a provision, criterion or practice which, by
virtue of section 18 of that Act, amounts to a contravention of
that Act.

(2) 10For the purposes of sections 20 to 24 of this Act it is immaterial
whether the Commission knows or suspects that a person has been
or may be affected by the unlawful act or application.

(3) For those purposes, an unlawful act includes making arrangements
to act in a particular way which would, if applied to an individual,
15amount to a contravention mentioned in subsection (1)(a).

(4) Nothing in this Act affects the entitlement of a person to bring
proceedings under the Equality Act 2009 in respect of a
contravention mentioned in subsection (1).”

14 Omit section 25 (restraint of unlawful advertising etc.).

15 20Omit section 26 (supplemental).

16 (1) Section 27 (conciliation) is amended as follows.

(2) For subsection (1) (disputes in relation to which the Commission may make
arrangements for the provision of conciliation services) substitute—

“(1) The Commission may make arrangements for the provision of
25conciliation services for disputes in respect of which proceedings
have been or could be determined by virtue of section 108 of the
Equality Act 2009.”

17 (1) Section 28 (legal assistance) is amended as follows.

(2) In subsection (1)—

(a) 30in paragraph (a) for “equality enactments” substitute “Equality Act
2009”, and

(b) in paragraph (b) for “the equality enactments” substitute “that Act”.

(3) In subsection (5) for “Part V of the Disability Discrimination Act 1995 (c. 50)
(public” substitute “Part 12 of the Equality Act 2009 (disabled persons:”.

(4) 35In subsection (6)—

(a) for “the equality enactments”, on the first occasion it appears,
substitute “the Equality Act 2009”, and

(b) for “the equality enactments”, on each other occasion it appears,
substitute “that Act”.

(5) 40In subsection (7)—

(a) in paragraph (a) for “equality enactments” substitute “Equality Act
2009”, and

(b) in paragraph (b) for “the equality enactments” substitute “that Act”.

(6) In subsection (8) for “Part V of the Disability Discrimination Act 1995 (c. 50)”
substitute “Part 12 of the Equality Act 2009”.

(7) In subsection (9) for “equality enactments” substitute “Equality Act 2009”.

(8) In subsection (12)—

(a) 5for “A reference in” to “includes a reference” substitute “This section
applies”, and

(b) after paragraph (b) add “as it applies to the Equality Act 2009.”

18 For section 31(1) (duties in respect of which Commission may assess
compliance) substitute—

“(1) 10The Commission may assess the extent to which or the manner in
which a person has complied with a duty under or by virtue of
section 143, 147 or 148 of the Equality Act 2009 (public sector equality
duty).”

19 (1) Section 32 (public sector duties: compliance notice) is amended as follows.

(2) 15For subsection (1) substitute—

“(1) This section applies where the Commission thinks that a person has
failed to comply with a duty under or by virtue of section 143, 147 or
148 of the Equality Act 2009 (public sector equality duty).”

(3) In subsection (4) for “section 76A” to “Disability Discrimination Act 1995”
20substitute “section 143 of the Equality Act 2009”.

(4) In subsection (9)(a) for “section 76A” to “Disability Discrimination Act 1995
(c. 50)” substitute “section 143 of the Equality Act 2009”.

(5) In subsection (9)(b) for “in any other case” substitute “where the notice
related to a duty by virtue of section 147 or 148 of that Act”.

(6) 25In subsection (11) for “section 76B” to “Disability Discrimination Act 1995”
substitute “section 147 or 148 of the Equality Act 2009”.

20 Omit section 33 (equality and human rights enactments).

21 (1) Section 34 (meaning of unlawful) is amended as follows.

(2) In subsection (1) for “equality enactments” substitute “Equality Act 2009”.

(3) In subsection (2)—

(a) after “virtue of” insert “any of the following provisions of the
5Equality Act 2009”, and

(b) for paragraphs (a) to (c) substitute—

“(a) section 1 (public sector duty regarding socio-economic
inequalities),

(b) section 143, 147 or 148 (public sector equality duty),

(c) 10Part 12 (disabled persons: transport), or

(d) section 183 (disability: improvements to let houses).”

22 (1) Section 35 (general: definitions) is amended as follows.

(2) In the definition of “religion or belief”, for “Part 2 (as defined by section 44)”
substitute “section 10 of the Equality Act 2009”.

(3) 15For the definition of “sexual orientation” substitute—

• ““sexual orientation” has the same meaning as in section 12 of
  the Equality Act 2009.”

23 In section 39(4) (orders subject to affirmative resolution procedure) for “,
27(10) or 33(3)” substitute “or 27(10)”.

24 20Omit section 43 (transitional: rented housing in Scotland).

25 Omit Part 2 (discrimination on grounds of religion or belief).

26 Omit section 81 (regulations).

27 Omit Part 4 (public functions).

28 In section 94(3) (extent: Northern Ireland)—

(a) 25omit “and 41 to 56”, and

(b) omit “and the Disability Discrimination Act 1995 (c. 50)”.

29 (1) Schedule 1 (The Commission: constitution, etc.) is amended as follows.

(2) In paragraph 52(3)(a) for “Parts 1, 3, 4, 5 and 5B of the Disability
Discrimination Act 1995 (c. 50)” substitute “Parts 2, 3, 4, 6, 7, 12 and 13 of the
30Equality Act 2009, in so far as they relate to disability”.

(3) In paragraph 53 for “Part 2 of the Disability Discrimination Act 1995 (c. 50)”
substitute “Part 5 of the Equality Act 2009”.

(4) In paragraph 54 for “Part 2 of the Disability Discrimination Act 1995”
substitute “Part 5 of the Equality Act 2009”.

30 35In Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41
to 56.