Commentary on provisions of Act Section 3: Application of public sector equality duty
Section 3 amends Schedule 19 to the Equality Act 2010 ("EA10") by inserting into it, "a public sector company providing services for the carriage of passengers by railway under a public sector contract awarded under section 30 of the Railways Act 1993". Schedule 19 lists persons who are considered public authorities for the purpose of section 149(1) of EA10 (the public sector equality duty).
	This duty requires public authorities, in the exercise of their functions, to have due regard to the need to (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under EA10, (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it, and (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The protected characteristics include age, disability gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
	Although it is the Government’s view that the public sector equality duty already applies to publicly owned train operating companies by virtue of section 149(2) of EA10, the effect of section 3 is that it makes the application as clear as possible.