Equality Act 2010, section 153

Power to impose specific duties

Part 11 Advancement of equality

(1)A Minister of the Crown may by regulations impose duties on a public authority specified in Part 1 of Schedule 19 for the purpose of enabling the better performance by the authority of the duty imposed by section 149(1).

(2)The Welsh Ministers may by regulations impose duties on a public authority specified in Part 2 of Schedule 19 for that purpose.

(3)The Scottish Ministers may by regulations impose duties on a public authority specified in Part 3 of Schedule 19 for that purpose.

(4)Before making regulations under this section, the person making them must consult the Commission.

Definitions used in section 153 1

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 section 153 3

TTT, by her mother and litigation friend UUU, R (on the application of) v Michaela Community Schools Trust

[2024] EWHC 843 (Admin) · 16 April 2024Defines

The court identified section 153 as authorising regulations imposing specific duties to enable better performance of the public sector equality duty. (see para [237])

Foley v The County Council of the City And County of Cardiff

[2020] EWHC 2182 (Admin) · 7 August 2020

Section 153(2) formed part of the statutory-duty ground concerning training, accessibility, assessment and monitoring. The court held that the ground added little and disclosed no relevant breach. (see paras [57]-[58])

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

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

Was noted as the current counterpart to the former power to impose specific equality duties; the court observed that the power had not been exercised. (see para [88])

What each judgment says about section 153 is in the case-law panel in the full Act.

Explanatory note

494.This section enables a Minister of the Crown to make regulations imposing specific duties on public bodies listed in Part 1 of Schedule 19 to enable them to carry out the public sector equality duty more effectively. The Welsh Ministers can similarly impose specific duties on relevant Welsh bodies listed in Part 2 of the Schedule, and the Scottish Ministers can impose specific duties on relevant Scottish bodies listed in Part 3 of the Schedule.

495.Section 154 deals with the imposition of specific duties on public bodies listed in Part 4 of the Schedule (cross-border authorities).

496.The Equality and Human Rights Commission must be consulted before specific duties are imposed.

497.This section replaces similar provisions in previous legislation for the Lord Privy Seal and the Scottish Ministers to impose specific duties for the race and gender public sector equality duties, and for the Secretary of State and the Scottish Ministers to impose specific duties for the disability public sector equality duty. The Welsh Ministers previously did not have the power to impose specific duties on Welsh bodies.

498.The pre-existing provisions have in the past been used to require listed public bodies to prepare and publish race, disability and gender equality schemes, for example.

All the explanatory notes for the Act