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Equality Act 2006

Equality Act 2006 s 42

s 42 Transitional: functions of the dissolved Commissions

(1) An order under section 36(1)(a) or (b) may— (a) provide for a former Commission to continue to exercise a function in respect of a transitional case of a kind specified; (b) provide for the Commission for Equality and Human Rights to exercise a function of a former Commission in respect of a transitional case of a kind specified. (2) An order under section 93 commencing a provision of Schedule 3 or 4 may include a saving or a consequential or incidental provision for the purpose of the operation of provision made by virtue of subsection (1) above; and the saving, consequential or incidental provision may, in particular, include provision applying, disapplying or modifying the application of a provision of this Act or of another enactment (including an enactment in or under an Act of the Scottish Parliament). (3) A code of practice issued by a Commission dissolved by virtue of section 36, or which relates to a function of a Commission removed by virtue of section 36(1)(b)— (a) shall continue to have effect until revoked by the Secretary of State, at the request of the Commission for Equality and Human Rights, by order made by statutory instrument, and (b) may be revised by the Commission for Equality and Human Rights as if it had been issued under section 14. (4) Consultation undertaken by a former Commission in relation to the issue or revision of a code of practice may be relied upon by the Commission for Equality and Human Rights for a purpose of section 14. (5) An order under subsection (3)(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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