Equality Act 2010, Schedule 18, paragraph 4

Exceptions that are specific to section 149(2)

SCHEDULE 18 Public sector equality duty: exceptions

4 (1) Section 149(2) (application of section 149(1) to persons who are not public authorities but by whom public functions are exercisable) does not apply to—

(a) a person listed in sub-paragraph (2);

(b) the exercise of a function listed in sub-paragraph (3).

(2) Those persons are—

(a) the House of Commons;

(b) the House of Lords;

(c) the Scottish Parliament;

(d) the National Assembly for Wales;

(e) the General Synod of the Church of England;

(f) the Security Service;

(g) the Secret Intelligence Service;

(h) the Government Communications Headquarters;

(i) a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

(3) Those functions are—

(a) a function in connection with proceedings in the House of Commons or the House of Lords;

(b) a function in connection with proceedings in the Scottish Parliament (other than a function of the Scottish Parliamentary Corporate Body);

(c) a function in connection with proceedings in the National Assembly for Wales (other than a function of the Assembly Commission).

Definitions used in Schedule 18, paragraph 4 2

armed forces

“armed forces” means any of the naval, military or air forces of the Crown;

Defined in s.212(1) · see it in the full Act
the Commission

“the Commission” means the Commission for Equality and Human Rights;

Defined in s.212(1) · see it in the full Act

Cases considering Schedule 18, paragraph 4 4

Adiatu & Anor, R (On the Application Of) v Her Majesty's Treasury

[2020] EWHC 1554 (Admin) · 15 June 2020Interprets

The exception for parliamentary functions did not exclude the executive steps taken by a department before delegated legislation was laid. Those steps remained subject to section 149. (see paras [215]-[228])

Prichard, R (on the application of) v The Secretary of State for Work and Pensions

[2020] EWHC 1495 (Admin) · 12 June 2020Limits

Provides an exception from section 149(1) for specified persons and functions. It was contrasted with the absence of an exception for a minister deciding whether to commence legislation. (see paras [85]; [122]) Identifies the House of Commons among persons subject to the Schedule 18 exception. (see para [85]) Identifies the House of Lords among persons subject to the Schedule 18 exception. (see para [85]) Includes functions connected with proceedings in either House of Parliament within the exception. (see para [85])

Safe Passage International & Ors, R (on the application of) v The Secretary of State for the Home Department

[2026] EWHC 1705 (Admin) · 7 July 2026Interprets

The court referred to the exception for functions connected with proceedings in Parliament when comparing the parliamentary privilege exclusion with the separate exception for preparing an instrument under Schedule 3. (see paras [111], [117])

What each judgment says about Schedule 18, paragraph 4 is in the case-law panel in the full Act.