Equality Act (Sexual Orientation) Regulations

The Equality Act (Sexual Orientation) Regulations are secondary legislation in the United Kingdom, outlawing discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation.

The legislation is made under powers granted by the Equality Act 2006. Sections 81 and 82 of the Equality Act give the power to make regulations to the Secretary of State and the Office of the First Minister and Deputy First Minister of Northern Ireland, respectively. Regulations made under section 81 cover Great Britain (i.e., England and Wales and Scotland) whereas regulations made under section 82 extend to Northern Ireland.

Provisions to outlaw discrimination on the grounds of religion or belief were already enshrined in the primary Equality Act 2006. However, the Labour Party had not originally wanted to prohibit discrimination against gays and lesbians. The original Equality Bill, therefore, contained no clauses dealing with homophobic discrimination. As the Bill progressed through the House of Lords, amendments by the Lord Alli succeeded in forcing a Government concession; the Labour MP Desmond Turner led a similar revolt in the Commons. However, it was by then too late to allow the new measures to be added substantively to the Bill. Instead, MPs and Peers agreed to delegate the drafting of regulations to a Government minister. This paved the way for a lengthy public consultation followed by months of Cabinet wrangling before an agreed text was finally laid before Parliament in spring 2007.

The regulations for Great Britain were approved by a vote in both Houses of Parliament. The procedure for the Northern Ireland regulations was specified as a vote by the Northern Ireland Assembly. Given this had been suspended, arrangements for measures that require approval by the Northern Ireland Assembly were subject to the negative procedure (i.e., they could be annulled by a resolution of either House of Parliament).

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