The Equality Act 2010 (Commencement No. 1) Order 2010 2. To the extent that the provisions of the Equality Act 2010 listed in the Schedule to this order confer or relate to the power to make subordinate legislation or guidance, those provisions come into force on the day after the day on which this order is made, for the purpose of enabling subordinate legislation or guidance to be made.
Equality Act 2010 (Commencement No.3) Order 2010
2. Section 96(9)(b) of the Equality Act 2010 comes into force on the day after the day on which
this Order is made for the purpose of enabling regulations to be made.
2. Paragraph 22 of Schedule 3 (services: exceptions relating to insurance etc.) to the Act is omitted
https://www.legislation.gov.uk/ukpga/2010/15/schedule/3
Judicial functions [judiciary is magistrates, judges, coroners, tribunal members
section 29 - provision of services here doesnt apply to a/ a judicial function; b/ anything done on behalf of, or on the instructions of, a person exercising a judicial function; c/a decision not to commence or continue with criminal proceedings; d/ anything done for the purpose of reaching, or in pursuance of, a decision not to commence or continue criminal proceedings
2) This Order comes into force on 30th October 2010.
Amendment of section 76 of the Equality Act 2010
this Act created the Commission for Equality and Human Rights [EHRC] - promote human rights
s8]3/ . In promoting equality of opportunity between disabled persons and others, the Commission may, in particular, promote the favourable treatment of disabled persons.
Has Enforcement Powers s20
Equality Act 2010 here
s4 The Protected Characteristics disability
a/ P has a physical or mental impairment, and
2] Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.
s19 Indirect discrimination
1] A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.
Schedule 2
Services and public functions: reasonable adjustments
Preliminary
[1] This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.
The duty
2. For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally.
3. Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted—
a. to avoid the disadvantage, or
b. to adopt a reasonable alternative method of providing the service or exercising the function.”
4. In relation to each requirement, the relevant matter is the provision of the service, or the exercise of the function, by A.
5. Being placed at a substantial disadvantage in relation to the exercise of a function means—
a.if a benefit is or may be conferred in the exercise of the function, being placed at a substantial disadvantage in relation to the conferment of the benefit, or
b.if a person is or may be subjected to a detriment in the exercise of the function, suffering an unreasonably adverse experience when being subjected to the detriment.
6. In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of providing the service or exercising the function, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies).
7. If A is a service-provider, nothing in this paragraph requires A to take a step which would fundamentally alter—
(a)the nature of the service, or
(b)the nature of A's trade or profession.
8. If A exercises a public function, nothing in this paragraph requires A to take a step which A has no power to take.
Discrimination arising from disability
British Telecommunications Plc v Robertson (Discrimination Arising From Disability - Duty of Reasonable Adjustment) [2021] UKEAT 0229_20_0306 (03 June 2021) HERE
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