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Enterprise and Regulatory Reform Act 2013

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97Equality Act 2010: caste as an aspect of race

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(1)Section 9(5) of the Equality Act 2010 is amended in accordance with subsections (2) to (4).

(2)Omit “may by order”.

(3)In paragraph (a) (power to provide for caste to be an aspect of race) at the beginning insert “must by order”.

(4)In paragraph (b) (power to provide for exceptions to apply or not to apply to caste) at the beginning insert “may by order”.

(5)A Minister of the Crown—

(a)may carry out a review of the effect of section 9(5) of the Equality Act 2010 (and orders made under it) and whether it remains appropriate, and

(b)must publish a report on the outcome of any such review.

(6)The power under subsection (5)(a) may not be exercised before the end of the period of 5 years beginning with the day on which this Act is passed (but may be exercised on more than one occasion after that).

(7)If a Minister of the Crown considers it appropriate in the light of the outcome of a review under subsection (5), the Minister may by order repeal or otherwise amend section 9(5) of the Equality Act 2010.

(8)The power to make an order under subsection (7) includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending an Act or subordinate legislation (within the meaning of the Interpretation Act 1978).

(9)An order under subsection (7) must be made by statutory instrument.

(10)A statutory instrument containing an order under subsection (7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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