The Equality Act 2010: the impact on disabled people Contents

Appendix 5: Recommendations requiring legislative changes

(Paragraph numbers refer to the report)

Equality Act 2010

Primary legislation needed

Section 124: restore the original wording, to reinstate the power of employment tribunals to make wider recommendations, with the consequential repeal of section 2 of the Deregulation Act 2015 (Paragraph 416)

Section 138: restore the statutory questionnaire procedure, with the consequential repeal of section 66 of the Enterprise and Regulatory Reform Act 2013 (Paragraph 410)

Section 149: add a subsection to amplify the public sector equality duty of a public authority to “have due regard” to the matters listed in subsection (1) (Paragraph 346)

Commencement Orders with transitional provisions needed

Section 14: dual discrimination (Paragraph 439)

Section 36: adjustments to common parts (Paragraph 244)

Part 12: the provisions in Chapter 1 on taxis not so far commenced, including section 165 (Paragraph 311)

Other primary legislation needed

Accessible Sports Grounds: a Government Bill to give effect to the provisions of the Bill which the Government blocked on second reading in the House of Commons on 11 March 2016 (Paragraph 248)

Class actions: a provision in an appropriate Bill allowing charities and other bodies which do not themselves have a legal interest to bring proceedings in the interests of classes of disabled people who are not themselves claimants (Paragraph 434)

Conciliation: restore the EHRC’s conciliation powers under section 27 of the Equality Act 2006, with the consequential repeal of section 64(1)(b) of the Enterprise and Regulatory Reform Act 2013 (Paragraph 450)

Ombudsmen: amendments to the statutory provisions setting out the mandates of those regulators, inspectorates and ombudsmen that deal with services most often accessed by disabled people, to make the securing of compliance with the Equality Act 2010 a specific statutory duty (Paragraph 461)

Licensing Act 2003: amend section 4(2) to make a failure to comply with the Equality Act 2010 a ground for refusing a licence (Paragraph 473)

Other secondary legislation needed

Orders under section 14(8)(b) of the Equality Act 2006 giving statutory effect as Codes of Practice to (a) the Technical Guidance issued by the EHRC on the PSED, Schools and Further and Higher Education, and (b) a new Code of Practice on Reasonable Adjustments (Paragraphs 164 and 231)

Public Service Vehicles Accessibility Regulations 2000: amend to require the fitting of audio-visual annunciators to all new vehicles (Paragraph 293)

Equality Act 2010 (Specific Duties) Regulations 2011: revoke and replace to give effect to the recommendations in Paragraphs 360–361

Civil Procedure Rules 1998: amend Part 44 to give effect to the recommendation on the application of Qualified One-way Costs Shifting to discrimination claims under the Equality Act 2010 (Paragraph 402)

Equality Act 2010 (Disability) Regulations 2010: amend regulation 4(1) so that a tendency to physical abuse of other persons ceases to be treated as not amounting to an impairment for the purposes of the definition of ‘disability’ (Paragraph 503)

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