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Local Government Act 1988 |
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1 | Part 2 of the Local Government Act 1988 (public supply or works contracts) |
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2 | In section 17 (local and other public authority contracts: exclusion of non- |
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commercial considerations)— |
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(a) | omit subsection (9), and |
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(b) | after that subsection insert— |
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“(10) | This section does not prevent a public authority to which it |
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applies from exercising any function regulated by this section |
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with reference to a non-commercial matter to the extent that |
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the authority considers it necessary or expedient to do so to |
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enable or facilitate compliance with— |
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(a) | the duty imposed on it by section 145 of the Equality |
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Act 2009 (public sector equality duty), or |
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(b) | any duty imposed on it by regulations under section |
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149 or 150 of that Act (powers to impose specific |
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3 | Omit section 18 (exceptions to section 17 relating to race relations matters). |
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4 | In section 19 (provisions supplementary to or consequential on section 17) |
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5 (1) | Section 12 of the Employment Act 1989 (Sikhs: requirements as to safety |
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helmets) is amended as follows. |
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(2) | In subsection (1), for “requirement or condition”, in the first three places, |
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substitute “provision, criterion or practice”. |
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(3) | In that subsection, for the words from “section 1(1)(b)” to the end substitute |
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“section 19 of the Equality Act 2009 (indirect discrimination), the provision, |
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criterion or practice is to be taken as one in relation to which the condition |
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in subsection (2)(d) of that section (proportionate means of achieving a |
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legitimate aim) is satisfied”. |
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(4) | In subsection (2), for the words from “the Race Relations Act” to the end |
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substitute “section 13 of the Equality Act 2009 as giving rise to |
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discrimination against any other person”. |
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6 | The Equality Act 2006 is amended as follows. |
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7 (1) | Section 8 (equality and diversity) is amended as follows. |
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(a) | in paragraph (d) for “equality enactments” substitute “Equality Act |
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(b) | in paragraph (e) for “the equality enactments” substitute “that Act”. |
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(3) | In subsection (4) for “Disability Discrimination Act 1995 (c. 50)” substitute |
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8 | In section 10(2) (meaning of group) for paragraph (d) substitute— |
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“(d) | gender reassignment (within the meaning of section 7 of the |
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9 | For section 11(3)(c) (interpretation) substitute— |
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“(c) | a reference to the equality and human rights enactments is a |
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reference to the Human Rights Act 1998, this Act and the |
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10 (1) | Section 14 (codes of practice) is amended as follows. |
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(2) | For subsection (1) substitute— |
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“(1) | The Commission may issue a code of practice in connection with any |
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matter addressed by the Equality Act 2009.” |
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(3) | In subsection (2)(a) for “a provision or enactment listed in subsection (1)” |
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substitute “the Equality Act 2009 or an enactment made under that Act”. |
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(a) | in paragraph (a) for “section 49G(7) of the Disability Discrimination |
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Act 1995 (c. 50)” substitute “section 185(7) of the Equality Act 2009”, |
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(b) | for paragraph (c)(iv) substitute— |
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“(iv) | section 185 of the Equality Act 2009.” |
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(5) | In subsection (5)(a) for “listed in subsection (1)” substitute “a matter |
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addressed by the Equality Act 2009”. |
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(6) | In subsection (9) for “section 76A” to “duties)” substitute “section 145, 149 or |
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150 of the Equality Act 2009 (public sector equality duty)”. |
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11 | In section 16(4) (inquiries: matters which the Commission may consider and |
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report on) for “equality enactments” substitute “Equality Act 2009”. |
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12 | In section 21(2)(b) (unlawful act notice: specification of legislative provision) |
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for “equality enactments” substitute “Equality Act 2009”. |
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13 | After section 24 insert— |
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“24A | Enforcement powers: supplemental |
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(1) | This section has effect in relation to— |
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(a) | an act which is unlawful because, by virtue of any of sections |
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13 to 18 of the Equality Act 2009, it amounts to a |
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contravention of any of Parts 3, 4, 5, 6 or 7 of that Act, |
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(b) | an act which is unlawful because, by virtue of section 104(1) |
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of that Act, it amounts to a contravention of any of Parts 3, 4, |
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5, 6 or 7 of that Act, or |
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(c) | the application of a provision, criterion or practice which, by |
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virtue of section 19 of that Act, amounts to a contravention of |
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(2) | For the purposes of sections 20 to 24 of this Act it is immaterial |
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whether the Commission knows or suspects that a person has been |
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or may be affected by the unlawful act or application. |
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(3) | For those purposes, an unlawful act includes making arrangements |
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to act in a particular way which would, if applied to an individual, |
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amount to a contravention mentioned in subsection (1)(a). |
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(4) | Nothing in this Act affects the entitlement of a person to bring |
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proceedings under the Equality Act 2009 in respect of a |
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contravention mentioned in subsection (1).” |
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14 | Omit section 25 (restraint of unlawful advertising etc.). |
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15 | Omit section 26 (supplemental). |
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16 (1) | Section 27 (conciliation) is amended as follows. |
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(2) | For subsection (1) (disputes in relation to which the Commission may make |
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arrangements for the provision of conciliation services) substitute— |
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“(1) | The Commission may make arrangements for the provision of |
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conciliation services for disputes in respect of which proceedings |
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have been or could be determined by virtue of section 110 of the |
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17 (1) | Section 28 (legal assistance) is amended as follows. |
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(a) | in paragraph (a) for “equality enactments” substitute “Equality Act |
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(b) | in paragraph (b) for “the equality enactments” substitute “that Act”. |
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(3) | In subsection (5) for “Part V of the Disability Discrimination Act 1995 (c. 50) |
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(public” substitute “Part 12 of the Equality Act 2009 (disabled persons:”. |
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(a) | for “the equality enactments”, on the first occasion it appears, |
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substitute “the Equality Act 2009”, and |
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(b) | for “the equality enactments”, on each other occasion it appears, |
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(a) | in paragraph (a) for “equality enactments” substitute “Equality Act |
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(b) | in paragraph (b) for “the equality enactments” substitute “that Act”. |
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(6) | In subsection (8) for “Part V of the Disability Discrimination Act 1995 (c. 50)” |
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substitute “Part 12 of the Equality Act 2009”. |
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(7) | In subsection (9) for “equality enactments” substitute “Equality Act 2009”. |
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(a) | for “A reference in” to “includes a reference” substitute “This section |
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(b) | after paragraph (b) add “as it applies to the Equality Act 2009.” |
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18 | For section 31(1) (duties in respect of which Commission may assess |
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“(1) | The Commission may assess the extent to which or the manner in |
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which a person has complied with a duty under or by virtue of |
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section 145, 149 or 150 of the Equality Act 2009 (public sector equality |
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19 (1) | Section 32 (public sector duties: compliance notice) is amended as follows. |
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(2) | For subsection (1) substitute— |
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“(1) | This section applies where the Commission thinks that a person has |
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failed to comply with a duty under or by virtue of section 145, 149 or |
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150 of the Equality Act 2009 (public sector equality duty).” |
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(3) | In subsection (4) for “section 76A” to “Disability Discrimination Act 1995” |
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substitute “section 145 of the Equality Act 2009”. |
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(4) | In subsection (9)(a) for “section 76A” to “Disability Discrimination Act 1995 |
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(c. 50)” substitute “section 145 of the Equality Act 2009”. |
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(5) | In subsection (9)(b) for “in any other case” substitute “where the notice |
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related to a duty by virtue of section 149 or 150 of that Act”. |
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(6) | In subsection (11) for “section 76B” to “Disability Discrimination Act 1995” |
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substitute “section 149 or 150 of the Equality Act 2009”. |
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20 | Omit section 33 (equality and human rights enactments). |
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21 (1) | Section 34 (meaning of unlawful) is amended as follows. |
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(2) | In subsection (1) for “equality enactments” substitute “Equality Act 2009”. |
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(a) | after “virtue of” insert “any of the following provisions of the |
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(b) | for paragraphs (a) to (c) substitute— |
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“(a) | section 1 (public sector duty regarding socio-economic |
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(b) | section 145, 149 or 150 (public sector equality duty), |
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(c) | Part 12 (disabled persons: transport), or |
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(d) | section 185 (disability: improvements to let houses).” |
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22 (1) | Section 35 (general: definitions) is amended as follows. |
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(2) | In the definition of “religion or belief”, for “Part 2 (as defined by section 44)” |
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substitute “section 10 of the Equality Act 2009”. |
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(3) | For the definition of “sexual orientation” substitute— |
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““sexual orientation” has the same meaning as in section 12 of |
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23 | In section 39(4) (orders subject to affirmative resolution procedure) for “, |
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27(10) or 33(3)” substitute “or 27(10)”. |
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24 | Omit section 43 (transitional: rented housing in Scotland). |
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25 | Omit Part 2 (discrimination on grounds of religion or belief). |
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26 | Omit section 81 (regulations). |
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27 | Omit Part 4 (public functions). |
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28 | In section 94(3) (extent: Northern Ireland)— |
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(a) | omit “and 41 to 56”, and |
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(b) | omit “and the Disability Discrimination Act 1995 (c. 50)”. |
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29 (1) | Schedule 1 (The Commission: constitution, etc.) is amended as follows. |
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(2) | In paragraph 52(3)(a) for “Parts 1, 3, 4, 5 and 5B of the Disability |
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Discrimination Act 1995 (c. 50)” substitute “Parts 2, 3, 4, 6, 7, 12 and 13 of the |
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Equality Act 2009, in so far as they relate to disability”. |
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(3) | In paragraph 53 for “Part 2 of the Disability Discrimination Act 1995 (c. 50)” |
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substitute “Part 5 of the Equality Act 2009”. |
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(4) | In paragraph 54 for “Part 2 of the Disability Discrimination Act 1995” |
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substitute “Part 5 of the Equality Act 2009”. |
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30 | In Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41 |
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| | | | | | | | | 20 | | Sex Discrimination Act 1975 |
| | | | | | | | | | Sex Discrimination Act 1986 |
| | | | | Local Government Act 1988 |
| | | | | | | | 25 | | | | | | | | | | | | | | | | | | In Schedule 5, paragraph 5. |
| | | | Disability Discrimination Act |
| | | 30 | | | | | | | | | | | | Greater London Authority Act |
| | | | | | | | | | Sex Discrimination (Election |
| | | 35 | | | | | | | Education (Additional Support |
| In section 17(1) “to exercise the functions which |
| | | | for Learning) (Scotland) Act |
| are conferred on a Tribunal by virtue of this |
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