The Equality Act 2010 (Statutory Duties) (Scotland) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations impose specific duties on the Scottish public authorities listed in the Schedule, which derive from the list in Part 3 of Schedule 19 of the Equality Act 2010 as amended by S.S.I. 2011/XXX. They are made under sections 153(3), 155(1)(c) and 207 of that Act. The purpose of the specific duties is to ensure better performance by those authorities of the duty imposed by section 149 of that Act to have regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act, to advance equality of opportunity, to foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

Regulation 3 requires listed authorities to prepare and publish equality outcomes by 6th April 2012, to review them within the four year period after the initial publication date and to report on progress made according to a set timescale.

Regulation 4 requires listed authorities to report on a two yearly cycle on progress made in ensuring that the duty in section 149(1) of the Act is being taken into account.

Regulation 5 requires listed authorities to assess the impact of their proposed policies and practices on those with relevant protected characteristics, to consider relevant evidence relating to those persons and to have due regard to the results of such impact assessments.

Regulation 6 requires listed authorities, where there are more than 150 employees, to report and publish specified employment data and an equal pay statement, which has to be reviewed to a specified timetable.

Regulation 7 imposes a duty on Scottish Ministers, to publish proposals for activity which will assist other listed authorities to fulfil the section 149(1) duty and to report on progress and review them according to a specified timetable.

Regulation 8 outlines what listed authorities must do to comply with the publication duties.

Regulation 9 provides that listed authorities may be required to consider matters specified elsewhere by Scottish Ministers in relation to the specific duties imposed by the Regulations.

The Schedule lists the Scottish public authorities to be made subject to the specific duties.