SCHEDULE 9 Equality: enforcement of duties
Equality schemes
2
(1)
A public authority to which this sub-paragraph applies shall, before the end of the period of six months beginning with the commencement of this Schedule or, if later, the establishment of the authority, submit a scheme to the Commission.
(2)
Sub-paragraph (1) applies to any public authority except one which is notified in writing by the Commission that that sub-paragraph does not apply to it.
3
(1)
Where it thinks appropriate, the Commission may—
(a)
request a public authority to which paragraph 2(1) does not apply to make a scheme;
(b)
request any public authority to make a revised scheme.
(2)
A public authority shall respond to a request under this paragraph by submitting a scheme to the Commission before the end of the period of six months beginning with the date of the request.
4
(1)
A scheme shall show how the public authority proposes to fulfil the duties imposed by section 75 in relation to the relevant functions.
(2)
A scheme shall state, in particular, the authority’s arrangements—
(a)
for assessing its compliance with the duties under section 75 and for consulting on matters to which a duty under that section is likely to be relevant (including details of the persons to be consulted);
(b)
for assessing and consulting on the likely impact of policies adopted or proposed to be adopted by the authority on the promotion of equality of opportunity;
(c)
for monitoring any adverse impact of policies adopted by the authority on the promotion of equality of opportunity;
(d)
for publishing the results of such assessments as are mentioned in paragraph (b) and such monitoring as is mentioned in paragraph (c);
(e)
for training staff;
(f)
for ensuring, and assessing, public access to information and to services provided by the authority.
(3)
A scheme shall—
(a)
conform to any guidelines as to form or content which are issued by the Commission with the approval of the Secretary of State;
(b)
specify a timetable for measures proposed in the scheme; and
(c)
include details of how it will be published.
(4)
In this paragraph—
“equality of opportunity” means such equality of opportunity as is mentioned in section 75(1);
“the relevant functions” means the functions of the public authority or, in the case of a scheme submitted in response to a request which specifies particular functions of the public authority, those functions.
5
Before submitting a scheme a public authority shall consult, in accordance with any directions given by the Commission—
(a)
representatives of persons likely to be affected by the scheme; and
(b)
such other persons as may be specified in the directions.
6
(1)
On receipt of a scheme the Commission shall—
(a)
approve it; or
(b)
refer it to the Secretary of State.
(2)
Where the Commission refers a scheme to the Secretary of State under sub-paragraph (1)(b), it shall notify the Assembly in writing that it has done so and send the Assembly a copy of the scheme.
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(1)
Where a scheme is referred to the Secretary of State he shall—
(a)
approve it;
(b)
request the public authority to make a revised scheme; or
(c)
make a scheme for the public authority.
(2)
A request under sub-paragraph (1)(b) shall be treated in the same way as a request under paragraph 3(1)(b).
(3)
Where the Secretary of State—
(a)
requests a revised scheme under sub-paragraph (1)(b); or
(b)
makes a scheme under sub-paragraph (1)(c),
he shall notify the Assembly in writing that he has done so and, in a case falling within paragraph (b), send the Assembly a copy of the scheme.
8
(1)
If a public authority wishes to revise a scheme it may submit a revised scheme to the Commission.
(2)
A revised scheme shall be treated as if it were submitted in response to a request under paragraph 3(1)(b).
(3)
A public authority shall, before the end of the period of five years beginning with the submission of its current scheme, or the latest review of that scheme under this sub-paragraph, whichever is the later, review that scheme and inform the Commission of the outcome of the review.