The Scottish National Investment Bank p.l.c. and South of Scotland Enterprise (Miscellaneous Listings) Regulations 2020

Draft Regulations laid before the Scottish Parliament under section 210(2) of the Equality Act 2010 for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2020 No.

Public Bodies

Equality

The Scottish National Investment Bank p.l.c. and South of Scotland Enterprise (Miscellaneous Listings) Regulations 2020

Made

2020

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(4)(a), 153(3) and 207(4) of the Equality Act 2010(1) and all other powers enabling them to do so.

In accordance with section 153(4) of the Equality Act 2010 the Scottish Ministers have consulted the Commission for Equality and Human Rights.

In accordance with section 210(2) of the Equality Act 2010 a draft of these Regulations has been laid before, and approved by resolution of, the Scottish Parliament.

Citation and commencement

1.  These Regulations may be cited as the Scottish National Investment Bank p.l.c. and South of Scotland Enterprise (Miscellaneous Listings) Regulations 2020 and come into force on the day after the day on which they are made.

Equality Act 2010

2.—(1) The Equality Act 2010 is amended in accordance with paragraph (2).

(2) In section 1(3)(2) after paragraph (m) insert—

“(n) Scottish National Investment Bank p.l.c.;

(o) South of Scotland Enterprise.”.

Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

3.—(1) The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012(3) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2, in the definition of “listed authority”, for “or 2B(1)” substitute “, 2B(1) or 2C(1)”.

(3) In regulation 2A(1), for “regulation 2B(1)” substitute “regulations 2B(1), 2C(1)”.

(4) In regulation 2B(1), for “regulation 2A(1)” substitute “regulations 2A(1), 2C(1)”.

(5) After regulation 2B insert—

“Further listed authority: Scottish National Investment Bank p.l.c.

2C.— (1) Scottish National Investment Bank p.l.c. is, in addition to the public authorities listed in regulations 2A(1) and 2B(1) and in the schedule, a listed authority.

(2) These Regulations apply to Scottish National Investment Bank p.l.c. subject to the modifications set out in paragraphs (3) and (4).

(3) In regulation 3(a), “2013” is to be read as if it were “2021”.

(4) In regulation 4—

(a) in paragraph (1)(a), “2013” is to be read as if it were “2021”; and

(b) in paragraph (4)(a), “2015” is to be read as if it were “2023”.”.

(6) In regulation 8A—

(a) after paragraph (1)(d) insert—

“(e) 30th April 2021 in the case of Scottish National Investment Bank p.l.c..”, and

(b) after paragraph (4)(ea) insert—

“(eb) in relation to publication by Scottish National Investment Bank p.l.c., the period from 1st May 2019 to 30th April 2021.”.

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to the Equality Act 2010 (“the 2010 Act”) and the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (“the 2012 Regulations”).

Regulation 2 adds Scottish National Investment Bank p.l.c. and South of Scotland Enterprise to section 1(3) of the 2010 Act which lists authorities which are subject to the public sector duty regarding socio-economic inequalities.

Regulation 3 adds Scottish National Investment Bank p.l.c. to the list of public authorities in the 2012 Regulations. Regulation 3 also modifies the 2012 Regulations in their application to Scottish National Investment Bank p.l.c. so as to provide different dates by which certain duties have to be complied with, and amends regulation 8A of the 2012 Regulations to provide different dates by which publication is to take place by Scottish National Investment Bank p.l.c. under regulations 7(1) and 8(1) of the 2012 Regulations. Regulation 3 also adds a further category of “relevant period” for the purposes of regulation 8A(3) of the 2012 Regulations.

(1)

2010 c.15 (“the 2010 Act”). Section 153(3) enables the Scottish Ministers to make Regulations imposing duties on a public authority specified in Part 3 of schedule 19 of the 2010 Act. Scottish National Investment Bank p.l.c. was added to Part 3 of that schedule by The Scottish National Investment Bank p.l.c. (Miscellaneous Listings) Order 2020 (S.S.I. 2020/XXX).

(2)

Section 1(3) of the 2010 Act was substituted by regulation 2(2) of S.S.I. 2018/101.

(3)

S.S.I. 2012/162; relevant amending instruments are S.S.I. 2015/254, S.S.I. 2016/159 and S.S.I. 2018/220.