Equality Act 2010, section 150

Public authorities and public functions

Part 11 Advancement of equality

(1)A public authority is a person who is specified in Schedule 19.

(2)In that Schedule—

  • Part 1 specifies public authorities generally;

  • Part 2 specifies relevant Welsh authorities;

  • Part 3 specifies relevant Scottish authorities.

(3)A public authority specified in Schedule 19 is subject to the duty imposed by section 149(1) in relation to the exercise of all of its functions unless subsection (4) applies.

(4)A public authority specified in that Schedule in respect of certain specified functions is subject to that duty only in respect of the exercise of those functions.

(5)A public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

Cases considering section 150 11

Laurence Westgaph v National Museums Liverpool

[2025] EWHC 2321 (Admin) · 12 September 2025Interprets

Section 150(5) directs attention to whether the particular acts were functions of a public nature for the purposes of the Human Rights Act 1998. The court held that the challenged acts were not reasonably arguable as public functions (see paras [61]-[62]).

Brown, R (on the application of) v Canal River Trust

[2012] EWHC 3133 (Admin) · 16 November 2012Defines

Confirms that the public sector equality duty applies to persons specified in Schedule 19. The defendant was not specified and was not exercising a relevant public function (see para [63]).

The British Medical Association, R (on the application of) v His Majesty's Treasury & Anor

[2024] EWCA Civ 355 · 17 April 2024Defines

The court relied on this provision, together with Schedule 19, to identify HMT as a public authority subject to the public sector equality duty. (see para [54])

What each judgment says about section 150 is in the case-law panel in the full Act.

Explanatory note

485.This section supplements section 149. It introduces Schedule 19 which lists the public bodies that are subject to the public sector equality duty and provides for them to be subject to this duty in respect of all of their functions unless such a body is listed only in respect of some of its functions, in which case the duty only applies to those specified functions.

486.“Public function” is given the same meaning as it has in the Human Rights Act 1998. This term is used in subsection (2) of section 149, which extends the public sector equality duty to persons not listed in Schedule 19 but who exercise public functions.

487.The public sector equality duties in previous legislation specified which bodies were subject to the duties in different ways. The Race Relations Act 1976 used a list, while the Disability Discrimination Act 1995 and the Sex Discrimination Act 1975 applied the disability equality duty and the gender equality duty to those who have “functions of a public nature”. The Act combines the two approaches by including a list of public bodies subject to the duty, to provide legal certainty, and in addition applying the duty to anyone else who is exercising public functions, in respect of those functions (see subsection (2) of section 149).

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I62S. 150 wholly in force at 5.4.2011; s. 150 not in force at Royal Assent see 216; s. 150 in force for certain purposes at 18.1.2011 by S.I. 2011/96, art. 2(a); s. 150 in force so far as not already in force at 5.4.2011 by S.I. 2011/1066, art. 2(b)