Equality Act 2010 Sch.3 para.2 – Legislation

2 (1) Section 29 does not apply to preparing, making or considering—

(a) an Act of Parliament;

(b) a Bill for an Act of Parliament;

(d) a Bill for an Act of the Scottish Parliament;

(e) an Act of the National Assembly for Wales;

(f) a Bill for an Act of the National Assembly for Wales.

(2) Section 29 does not apply to preparing, making, approving or considering—

(a) a Measure of the National Assembly for Wales;

(b) a proposed Measure of the National Assembly for Wales.

(3) Section 29 does not apply to preparing, making, confirming, approving or considering an instrument which is made under an enactment by—

(a) a Minister of the Crown;

(b) the Scottish Ministers or a member of the Scottish Executive;

(4) Section 29 does not apply to preparing, making, confirming, approving or considering an instrument to which paragraph 6(a) of Schedule 2 to the Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts of Synod, orders, etc.) applies.

(5) Section 29 does not apply to anything done in connection with the preparation, making, consideration, approval or confirmation of an instrument made by—

(a) Her Majesty in Council;

(b) the Privy Council.

(6) Section 29 does not apply to anything done in connection with the imposition of a requirement or condition which comes within Schedule 22 (statutory provisions).

Definitions used in Schedule 3, paragraph 2 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 3, paragraph 2 4

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 analogous exception for preparing a Bill supported a broad reading of “preparing” in paragraph 2(3), including departmental actions leading to the instrument. (see para [117]) “Preparing” an instrument made under an enactment by a Minister of the Crown includes the policy and departmental steps leading to its laying, not only drafting the instrument. The exception therefore covered the challenged decision and disapplied section 29(6). (see paras [114]-[123]) The court noted the broader wording of paragraph 2(5) but held that the difference did not justify restricting paragraph 2(3) to the drafting stage. (see para [117])

the3million Ltd & Ors, R (On the Application Of) v The Minister for the Cabinet Office

[2021] EWHC 245 (Admin) · 11 February 2021Disapplies

Paragraph 2(3)(a) excluded section 29 from applying to specified ministerial instruments made under enactment. The court treated it as an additional reason the statutory challenge could not succeed. (see paras [116]-[117])

Goloshvili, R (On the Application Of) v Secretary of State for the Home Department

[2019] EWHC 614 (Admin) · 15 March 2019Limits

Confirms the statutory limitation relevant to the claim: section 29 does not apply to preparing, making or considering an Act of Parliament. It supported the conclusion that the statutory scheme was exempt (see paras [25]; [50]).

L Akester & Ors v Burlington Care (Yorkshire) Ltd & Ors[2025] EAT 111 · 31 July 2025

What each judgment says about Schedule 3, paragraph 2 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

I92Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)