Commentary on Sections Part 1: The Commission for Equality and Human Rights Section 42: Transitional: functions of the dissolved Commissions
159.Under section 42, the order making power in section 36(1) can also provide for a former Commission to continue an action (referred to as a ‘transitional case’) it has started (for example, a consultation exercise, code of practice, guidance etc) when the relevant related function transfers to the CEHR, or for the CEHR to exercise a function of a former Commission in relation to the transitional case, as specified in the order.
160.Subsection (2) ensures that a commencement order made to bring into force a provision of Schedule 3 or 4 may include any provision applying, disapplying or modifying a provision in this Act or any another enactment to ensure that a provision in subsection (1) relating to an order made under section 36(1) is able to take effect.
161.Subsection (3) ensures that codes of practice issued by a Commission that ceases to exist under section 36(1) or where the function that relates to a specific code has been removed shall continue to have effect until the code is revoked, by order, subject to the negative resolution procedure, by the Secretary of State, at the request of the CEHR.   Any codes prepared by the former commissions can be revised by the CEHR as if they had been issued by the CEHR under section 14.
162.Any consultation exercises already undertaken by a former Commission in respect of revising or issuing a code of practice will still apply as if undertaken by the CEHR under section 14.