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Statutory Instruments

2007 No. 1597

SEX DISCRIMINATION

The Sex Discrimination Code of Practice (Public Authorities) (Duty to Promote Equality, Scotland) (Appointed Day) Order 2007

Made

4th June 2007

Laid before Parliament

5th June 2007

Coming into force

27th June 2007

The Secretary of State for Communities and Local Government, in exercise of the power conferred by section 56A(7) of the Sex Discrimination Act 1975(1) as applied by section 76E(2) of that Act(2), after consultation with the National Assembly for Wales and the Scottish Ministers, makes the following Order:

Citation and commencement

1.  This Order may be cited as the Sex Discrimination Code of Practice (Public Authorities) (Duty to Promote Equality, Scotland) (Appointed Day) Order 2007 and shall come into force on 27th June 2007.

Appointed Day

2.  27th June 2007 is the day appointed for the coming into effect of the Code of Practice laid before Parliament in draft on 22nd March 2007 and issued by the Equal Opportunities Commission under section 76E(1) of the Sex Discrimination Act 1975, entitled the “Gender Equality Duty Code of Practice (Scotland)”(3).

Signed by authority of the Secretary of State for Communities and Local Government

Meg Munn

Parliamentary Under-Secretary of State

Department for Communities and Local Government

4th June 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints 27th June 2007 for the coming into effect of the Code of Practice on the duty to promote gender equality entitled the “Gender Equality Duty Code of Practice (Scotland)”.

The Code has been prepared and issued by the Equal Opportunities Commission under section 76E(1) of the Sex Discrimination Act 1975. It provides practical guidance to Scottish public authorities subject to the duties imposed by sections 76A(1) and 76C(3) of the Sex Discrimination Act 1975. Section 76A(1) imposes a general duty on public authorities to have due regard to the need to eliminate unlawful discrimination and harassment and to promote equality of opportunity between men and women. Section 76C(3) provides power to impose specific duties in relation to Scotland which has been exercised in the Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007 (S.S.I. 2007/32), which imposes specific duties on listed relevant Scottish public authorities in respect of their functions in Scotland.

The Equal Opportunities Commission has issued a separate Code of Practice giving practical guidance to public authorities and cross-border authorities (within the meaning of section 88(5) of the Scotland Act 1998) in respect of their functions in England and Wales and their functions concerning reserved matters in Scotland. This is entitled the “Gender Equality Duty Code of Practice (England and Wales)” (ISBN 978 0 11 753978 5) and came into effect on 6th April 2007 (S.I. 2007/741).

A copy of the regulatory impact assessment in respect of the duties dealt with in this Code of Practice may be obtained from the Scottish Parliament Information Centre, Scottish Parliament, EH99 1SP.

A copy of the Code of Practice (ISBN 978 0 11 753982 2) may be obtained from The Stationery Office or can be downloaded free of charge from the Equal Opportunities Commission website: www.eoc.org.uk.

(1)

1975 c. 65. Section 56A was inserted by the Race Relations Act 1976 (c. 74), section 79(4) and Schedule 4, paragraph 1.

(2)

Section 76E was inserted by section 86 of the Equality Act 2006 (c. 3) and came into force on 16th February 2006. The requirement to consult the National Assembly for Wales and the Scottish Ministers before appointing a day is imposed by section 76E(3)(b).

(3)

Issued by the Equal Opportunities Commission and published by The Stationery Office, ISBN 978 0 11 753982 2.