Introduction
1.These explanatory notes relate to the Equality Act which received Royal Assent on 16 February 2006. They have been prepared by the Department of Trade and Industry and (in relation to sections 7, 9 and 18) the Department for Constitutional Affairs and (in relation to sections 44 to 80) the Home Office in order to assist the reader in understanding the Act. They do not form a part of the Act and have not been endorsed by Parliament.
2.The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given.
3.The Act relates to matters within the responsibilities of the Secretary of State for Trade and Industry, the Secretary of State for Constitutional Affairs, the Secretary of State for Work and Pensions and the Home Secretary. The Secretary of State for Education and Skills has a key interest in education matters within the Act. References to the Secretary of State in the Act mean any Secretary of State. In practice, some of the functions conferred upon the Secretary of State will be exercised by the Secretary of State for Trade and Industry, the Secretary of State for Constitutional Affairs, the Home Secretary and the Secretary of State for Work and Pensions jointly and others by only one of them or by the Secretary of State for Education and Skills. This will reflect their respective ministerial portfolios. In one case an order-making power is conferred specifically on the Lord Chancellor – as described in more detail in the commentary on section 28. The order-making power in section 50(4) will be exercisable only by the Secretary of State for Education and Skills. The power to make regulations under section 82 will be exercisable by the Office of the First Minister and the Deputy First Minister in Northern Ireland.