Equality Act 2010 overview

2010 c. 15

Schedule 6— Office-holders: excluded offices

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paragraphs 1–4

Work to which other provisions apply

Paragraph 1— Work to which other provisions apply

  1. 1.

    An office or post is not a personal or public office in so far as one or more of the provisions mentioned in sub-paragraph (2)—

    1. (a)

      applies in relation to the office or post, or

    2. (b)

      would apply in relation to the office or post but for the operation of some other provision of this Act.

  2. 2.

    Those provisions are—

    1. (a)

      section 39 (employment);

    2. (b)

      section 41 (contract work);

    3. (c)

      section 44 (partnerships).

    4. (d)

      section 45 (LLPs);

    5. (e)

      section 47 (barristers);

    6. (f)

      section 48 (advocates);

    7. (g)

      section 55 (employment services) so far as applying to the provision of work experience within section 56(2)(a) or arrangements within section 56(2)(c) for such provision.

Political offices

Paragraph 2— Political offices

  1. 1.

    An office or post is not a personal or public office if it is a political office.

  2. 2.

    A political office is an office or post set out in the second column of the following Table—

    Political settingOffice or post
    Houses of ParliamentAn office of the House of Commons held by a member of that House
    An office of the House of Lords held by a member of that House
    A Ministerial office within the meaning of section 2 of the House of Commons Disqualification Act 1975
    The office of the Leader of the Opposition within the meaning of the Ministerial and other Salaries Act 1975
    The office of the Chief Opposition Whip, or of an Assistant Opposition Whip, within the meaning of that Act
    Scottish ParliamentAn office of the Scottish Parliament held by a member of the Parliament
    The office of a member of the Scottish Executive
    The office of a junior Scottish Minister
    National Assembly for WalesAn office of the National Assembly for Wales held by a member of the Assembly
    The office of a member of the Welsh Assembly Government
    Local government in England (outside London)An office of a county council, district council or parish council in England held by a member of the council
    An office of the Council of the Isles of Scilly held by a member of the Council
    Local government in LondonAn office of the Greater London Authority held by the Mayor of London or a member of the London Assembly
    An office of a London borough council held by a member of the council
    An office of the Common Council of the City of London held by a member of the Council
    Local government in WalesAn office of a county council, county borough council or community council in Wales held by a member of the council
    Local government in ScotlandAn office of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 held by a member of the council
    An office of a council established under section 51 of the Local Government (Scotland) Act 1973 held by a member of the council
    Political partiesAn office of a registered political party
  3. 3.

    The reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000.

Honours etc.

Paragraph 3— Honours etc.

A life peerage (within the meaning of the Life Peerages Act 1958), or any other dignity or honour conferred by the Crown, is not a personal or public office.

Bishops

Paragraph 4— Bishops

The office of diocesan or suffragan bishop is not a public office.