Section 205 — Equality Act 2010: Crown application

Crown application 205 1 The following provisions of this Act bind the Crown—

a Part 1 (public sector duty regarding socio-economic inequalities);

b Part 3 (services and public functions), so far as relating to the exercise of public functions;

c Chapter 1 of Part 11 (public sector equality duty).

2 Part 5 (work) binds the Crown as provided for by that Part.

3 The remainder of this Act applies to Crown acts as it applies to acts done by a private person.

4 For the purposes of subsection (3), an act is a Crown act if (and only if) it is done—

a by or on behalf of a member of the executive, b by a statutory body acting on behalf of the Crown, or c by or on behalf of the holder of a statutory office acting on behalf of the Crown.

5 A statutory body or office is a body or office established by an enactment.

6 The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947 apply to proceedings against the Crown under this Act as they apply to proceedings in England and Wales which, as a result of section 23 of that Act, are treated for the purposes of Part 2 of that Act as civil proceedings by or against the Crown.

7 The provisions of Part 5 of that Act apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which, as a result of that Part, are treated as civil proceedings by or against the Crown.

8 But the proviso to section 44 of that Act (removal of proceedings from the sheriff to the Court of Session) does not apply to proceedings under this Act.