Equality Act 2010, Schedule 22, paragraph 1

Statutory authority

SCHEDULE 22 Statutory provisions

1 (1) A person (P) does not contravene a provision specified in the first column of the table, so far as relating to the protected characteristic specified in the second column in respect of that provision, if P does anything P must do pursuant to a requirement specified in the third column.

Specified provision Protected characteristic Requirement
Parts 3 to 7 Age A requirement of an enactment
Parts 3 to 7 and 12 Disability A requirement of an enactment
A relevant requirement or condition imposed by virtue of an enactment
Parts 3 to 7 Religion or belief A requirement of an enactment
A relevant requirement or condition imposed by virtue of an enactment
Section 29(6) and Parts 6 and 7 Sex A requirement of an enactment
Parts 3, 4, 6 and 7 Sexual orientation A requirement of an enactment
A relevant requirement or condition imposed by virtue of an enactment

(2) A reference in the table to Part 6 does not include a reference to that Part so far as relating to vocational training.

(3) In this paragraph a reference to an enactment includes a reference to—

(a) a Measure of the General Synod of the Church of England;

(b) an enactment passed or made on or after the date on which this Act is passed.

(4) In the table, a relevant requirement or condition is a requirement or condition imposed (whether before or after the passing of this Act) by—

(a) a Minister of the Crown;

(b) a member of the Scottish Executive;

(c) the National Assembly for Wales (constituted by the Government of Wales Act 1998);

(d) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

Definitions used in Schedule 22, paragraph 1 2

enactment

“enactment” means an enactment contained in—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament,

(c)

an Act or Measure of the National Assembly for Wales, or

(d)

subordinate legislation;

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

(10) “Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995 ).

Defined in s.212(10) · see it in the full Act

Cases considering Schedule 22, paragraph 1 9

Jagoo v Bristol City Council

[2019] EWCA Civ 19 · 23 January 2019Disapplies

Schedule 22 paragraph 1 excludes conduct required by an enactment from the relevant Equality Act restrictions. The Council therefore could not unlawfully discriminate in mandatory tax collection (see paras [15]-[16]).

L Akester & Ors v Burlington Care (Yorkshire) Ltd & Ors

[2025] EAT 111 · 31 July 2025

The exemption may apply where an employer does something it must do pursuant to a statutory requirement. Whether dismissal was required by regulation 12(3)(b) is fact-sensitive and must be decided case by case; the regulation did not automatically require dismissal. (see paras [103]-[109])

IB v Gravesham Borough Council & Anor

[2023] UKUT 193 (AAC) · 7 August 2023

Applies the statutory-authority exception in the alternative discrimination analysis. Any discrimination caused by the Secretary of State’s proposed construction would have been saved because regulation 64(3) was an enactment requirement on that assumed construction (see paras [141]-[143]).

1 more judgment, and what each says about Schedule 22, paragraph 1, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I151Sch. 22 para. 1 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f)