england-and-wales legislation
On what basis is s14 EA2010 “prospective”?
<p>On legislation.gov.Uk, this <a href="https://www.legislation.gov.uk/ukpga/2010/15/section/14" rel="nofollow noreferrer">provision</a> is marked as “prospective.” What does that mean, and what particularly in this case makes it so?</p>

<p>Clicking on the &quot;?&quot; symbol at your link reveals:</p>
<p><a href="https://i.stack.imgur.com/XeqJX.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/XeqJX.jpg" alt="enter image description here" /></a></p>
<blockquote>
<p>... A version of a provision is prospective either:</p>
<ol>
<li><p>where the provision (Part, Chapter or section) has never come into force or;</p>
</li>
<li><p>where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.</p>
</li>
</ol>
</blockquote>
<p>Section 14 was never brought into force. See <a href="https://www.legislation.gov.uk/uksi/2010/2317/article/2/made" rel="nofollow noreferrer">1</a>, <a href="https://publications.parliament.uk/pa/ld201516/ldselect/ldeqact/117/11702.htm" rel="nofollow noreferrer">2</a>, <a href="https://5essexcourt.co.uk/resources/blogs-view/menopause-and-the-workplace-a-future-protected-characteristic-under-the-equality-act-2010" rel="nofollow noreferrer">3</a>, <a href="https://www.frettens.co.uk/site/blog/employment-blog/equality-act-2010-provisions-coming-into-force-in-october" rel="nofollow noreferrer">4</a>.</p>

<p><strong>What makes it so?</strong></p>
<p>According to <a href="https://committees.parliament.uk/writtenevidence/109975/html/" rel="nofollow noreferrer">written evidence</a>, submitted by the Discrimination Law Association (DLA) in July 2022 to Parliament's Woman and Equalities Committee, the government said in their letter to the DLA on 25 May 2022 that its introduction would create...</p>
<blockquote>
<p>...<strong>unwelcome regulatory complexity and place new costly burdens on business and the public sector</strong>.</p>
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<p>Note that despite the DLA evidence concluding with:</p>
<blockquote>
<ol start="9">
<li><p>It is understood that the s14 amendment to the Equality Act Bill was introduced late in the day and as a consequence there was little parliamentary scrutiny. The DLA consider this should be given further consideration and with time for further Parliamentary scrutiny, it may be that the Government wish to consider not simply enacting s14, but expanding it beyond simply direct discrimination to include indirect and harassment as well as discrimination on the grounds of more than 2 characteristics.</p>
</li>
<li><p>In summary, the DLA disagree that the administrative or regulatory burden is sufficiently substantial to justify not enacting s14. Furthermore, the DLA consider that as part of its review of enacting s14, the Government should take the time to consider expanding this to include harassment and indirect discrimination as well as discrimination on the grounds of more than 2 characteristics.</p>
</li>
</ol>
</blockquote>
<p>There does not appear to be any subsequent developments, intent or moves by the government to introduce section 14.</p>
