The Transfer of Functions (Equality) Order 2010

• Citation: S.I. 2010/1839
• Sections: 15

Section 1 Citation and commencement

(1) This Order may be cited as the Transfer of Functions (Equality) Order 2010.

(2) This Order comes into force on 18th August 2010.

Section 2 Interpretation

(1) In this Order “instrument” includes, in particular, Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.

(2) In this Order “equality function” means a function which by virtue of article 3—

(a) is transferred from the Lord Privy Seal to the Secretary of State, or

(b) ceases to be exercisable concurrently by the Lord Privy Seal.

Section 3 Transfer of equality functions

(1) The functions of the Lord Privy Seal under the following enactments are transferred to the Secretary of State—

(a) the Equal Pay Act 1970 ;

(b) the Sex Discrimination Act 1975 ;

(c) the Race Relations Act 1976 ;

(d) the Sex Discrimination (Election Candidates) Act 2002 ;

(e) section 213 of the Civil Partnership Act 2004 ;

(f) the Equality Act 2006 .

(2) The functions under the following enactments which are exercisable by the Secretary of State and the Lord Privy Seal concurrently shall cease to be exercisable by the Lord Privy Seal—

(a) the Employment and Training Act 1973 ;

(b) section 70 of the Charities Act 2006 .

Section 4 Transfer of property, rights and liabilities

(1) There are transferred to the Secretary of State for the Home Department all property, rights and liabilities to which the Lord Privy Seal is entitled or subject at the coming into force of this Order in connection with any equality function, other than property, rights and liabilities transferred by paragraph (2).

(2) There are transferred to the Secretary of State for Communities and Local Government—

(a) all immovable property to which the Lord Privy Seal is entitled at the coming into force of this Order in connection with any equality function, and

(b) all rights and liabilities to which the Lord Privy Seal is entitled or subject at that time in connection with that property.

Section 5 Supplementary

(1) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Lord Privy Seal may, so far as it relates to any equality function or anything transferred by article 4, be continued by or in relation to the transferee.

(2) Anything done (or having effect as if done) by or in relation to the Lord Privy Seal in connection with any equality function or anything transferred by article 4 has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the transferee.

(3) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of article 3 or 4, as if references to (and references which are to be read as references to) the Lord Privy Seal were or included references to the transferee.

(4) Documents or forms printed for use in connection with any equality function may be used in connection with that function even though they contain (or are to be read as containing) references to the Lord Privy Seal.

(5) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the transferee.

(6) In this article “the transferee”—

(a) in relation to an equality function or anything transferred by article 4(1), means the Secretary of State for the Home Department, and

(b) in relation to anything transferred by article 4(2), means the Secretary of State for Communities and Local Government.

(7) In paragraphs (1) to (5) references to the Lord Privy Seal include references to the Government Equalities Office (when in the charge of the Lord Privy Seal) or an officer of that Office, and references to the transferee—

(a) where the transferee is the Secretary of State for the Home Department, are to be read as including references to the Government Equalities Office (when in the charge of that Secretary of State) or an officer of that Office accordingly, and

(b) where the transferee is the Secretary of State for Communities and Local Government, are to be read as including references to the department or an officer of that Secretary of State accordingly.

Section 6 Supplemental: validity of things done before coming into force of Order

(1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Lord Privy Seal before the coming into force of this Order.

(2) In paragraph (1) a reference to the Lord Privy Seal includes a reference to the Government Equalities Office or an officer of the Government Equalities Office.

Section 7 Consequential amendments

The Schedule has effect.

Section 1 Equal Pay Act 1970

(1) The Equal Pay Act 1970 is amended as follows.

(2) In the following provisions for “Minister” in each place substitute “Secretary of State”—

(a) section 2(2) (disputes as to, and enforcement of, requirement of equal treatment);

(b) section 5(1) and (3) (agricultural wages orders);

(c) section 7B(2) and (4) to (7) (questioning of employer) .

(3) In section 11 (short title, interpretation and extent), omit subsection (2B) .

Section 2 Employment and Training Act 1973

In the Employment and Training Act 1973 omit section 13(6) (interpretation).

Section 3 Sex Discrimination Act 1975

(1) The Sex Discrimination Act 1975 is amended as follows.

(2) In section 16(1) (Training Commission etc ) omit “or the Minister”.

(3) In the following provisions for “Minister” in each place substitute “Secretary of State”—

(a) section 21A(5) and (7) (public authorities) ;

(b) section 74(1) and (3) (help for aggrieved persons in obtaining information etc);

(c) section 76A(3)(i) and (4) (public authorities: general statutory duty) ;

(d) section 76B(1) to (3) (specific duties) ;

(e) section 76C(2), (6) and (7) (specific duties: Scotland) ;

(f) section 77(4B) (validity and revision of contracts) ;

(g) section 80 (power to amend certain provisions of Act);

(h) section 81(2A) and (2B) (orders) .

(4) In the following provisions for “Minister or the Secretary of State” substitute “Secretary of State”—

(a) section 81(1) and (2) (orders);

(b) the definition of “prescribed” in section 82(1) (general interpretation).

(5) In section 82(1) (general interpretation) omit the definition of “the Minister” .

Section 4 Race Relations Act 1976

(1) The Race Relations Act 1976 is amended as follows.

(2) In section 15(1) (Training Commission etc) omit “or the Minister”.

(3) In the following provisions for “Minister” in each place substitute “Secretary of State”—

(a) section 56(5) and (6) (remedies on complaint under section 54) ;

(b) section 65(1) and (3) (help for aggrieved persons in obtaining information etc);

(c) section 67(4) (sheriff courts and designated county courts);

(d) section 71(2) and (4) to (6) (specified authorities: general statutory duty) ;

(e) section 71B(2) and (3) (general statutory duty: Wales) ;

(f) section 72(4B) (validity and revision of contracts) ;

(g) section 73 (power to amend certain provisions of Act).

(4) In section 78(1) (interpretation)—

(a) omit the definition of “the Minister”, and

(b) in the definition of “prescribed” for “Minister or the Secretary of State” substitute “Secretary of State”.

Section 5 Sex Discrimination (Election Candidates) Act 2002

In the Sex Discrimination (Election Candidates) Act 2002 , in section 3(2) (expiry) for “Lord Privy Seal” substitute “Secretary of State”.

Section 6 Civil Partnership Act 2004

In the Civil Partnership Act 2004 , in section 213(2) (power to amend Schedule 20) for “Lord Privy Seal” substitute “Secretary of State”.

Section 7 Equality Act 2006

(1) The Equality Act 2006 is amended as follows.

(2) In the following provisions for “Minister” in each place substitute “Secretary of State”—

(a) section 4(4) (strategic plan);

(b) section 10(6) (power to amend list of matters for purpose of definition of “group”);

(c) section 12(5) (monitoring progress);

(d) section 14(5) and (7) to (10) (codes of practice);

(e) section 15(3) and (6) (codes of practice: supplemental);

(f) section 27(10) (conciliation);

(g) section 28(8) (legal assistance);

(h) section 29(5) (legal assistance: costs);

(i) section 33(3) (equality and human rights enactments);

(j) section 50(3) and (4) (section 49: exceptions);

(k) section 52(6) (public authorities: general);

(l) section 64(1) and (2) (amendment of exceptions);

(m) section 70(2), (3) and (5) (information);

(n) section 81(1) (regulations);

(o) Schedule 1 (the Commission), except paragraph 36(3).

(3) In section 35 (general) omit the definition of “the Minister” .

(4) In section 79 (interpretation) omit subsection (3) .

(5) In section 81 (regulations) omit subsection (6) .

Section 8 Charities Act 2006

In the Charities Act 2006 , in section 70(11) (power of relevant Minister to give financial assistance to certain institutions) for “, the Minister for the Cabinet Office or the Lord Privy Seal” substitute “or the Minister for the Cabinet Office”.