The Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Revocation) Order 2026
Revoked the 2011 statutory code of practice concerning services, public functions, and associations effective 5 August 2026.
This Order revokes the Equality Act 2010 Code of Practice on Services, Public Functions and Associations that has been in effect since 6 April 2011.
It acts on a formal request from the Commission for Equality and Human Rights to the Secretary of State, clearing the legal path for an updated 2026 Code of Practice to take effect.
The revocation applies across England, Wales, and Scotland, affecting how service providers, public bodies, and associations interpret their duties under the Equality Act 2010.
Arguments For
The order states that the Commission for Equality and Human Rights (CEHR) requested the revocation of the 2011 Code of Practice under powers granted by section 15(3) of the Equality Act 2006.
The document indicates that a new 2026 Code of Practice has been issued to replace the 2011 version, ensuring guidance remains current with legislative developments.
The explanatory note asserts that the revocation is necessary to allow the subsequent commencement of the updated Code of Practice via a separate instrument (S.I. 2026/788).
Arguments Against
Legal practitioners may note that the revocation creates a procedural dependency, where the clarity of statutory guidance relies on the successful commencement of the replacement 2026 Code.
Stakeholders in the private and voluntary sectors might argue that the absence of a full impact assessment for the revocation itself assumes it is a neutral administrative act, potentially overlooking transitional costs for organizations updating their internal compliance manuals.
The geographic limitation to England, Wales, and Scotland may create divergent guidance for organizations operating cross-border if different standards are applied in Northern Ireland.
Citation, commencement, extent and interpretation
- -(1) This instrument may be cited as the Equality Act 2010 (Code of Practice on Services, Public Functions and Associations) (Revocation) Order 2026 and comes into force on 5th August 2026.
- (2) This Order extends to England and Wales and Scotland.
- (3) In this instrument, 'the 2011 Code of Practice' means the Equality Act 2010 Code of Practice on Services, Public Functions and Associations( 2 ) which was brought into force by the Equality Act 2010 Codes of Practice (Services, Public Functions and Associations, Employment, and Equal Pay) Order 2011( 3 ).
This section establishes the official name of the order and sets the date it becomes legally active as 5 August 2026.
It limits the legal reach of the order to the jurisdictions of England, Wales, and Scotland.
Additionally, it defines the '2011 Code of Practice' as the specific document originally given legal effect by a 2011 statutory instrument.
Revocation of the 2011 Code of Practice
- The 2011 Code of Practice is revoked.
This provision officially cancels the legal status of the 2011 Code of Practice. Once the order takes effect, the 2011 document no longer serves as the statutory guidance for interpreting duties related to services, public functions, and associations under the Equality Act 2010.
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