Part 1Socio-economic inequalities
2Power to amend section 1
1
A Minister of the Crown may by regulations amend section 1 so as to—
a
add a public authority to the authorities that are subject to the duty under subsection (1) of that section;
b
remove an authority from those that are subject to the duty;
c
make the duty apply, in the case of a particular authority, only in relation to certain functions that it has;
d
in the case of an authority to which the application of the duty is already restricted to certain functions, remove or alter the restriction.
2
In subsection (1) “public authority” means an authority that has functions of a public nature.
3
Provision made under subsection (1) may not impose a duty on an authority in relation to any devolved Scottish functions or devolved Welsh functions.
4
The Scottish Ministers or the Welsh Ministers may by regulations amend section 1 so as to—
a
add a relevant authority to the authorities that are subject to the duty under subsection (1) of that section;
b
remove a relevant authority from those that are subject to the duty;
c
make the duty apply, in the case of a particular relevant authority, only in relation to certain functions that it has;
d
in the case of a relevant authority to which the application of the duty is already restricted to certain functions, remove or alter the restriction.
5
For the purposes of the power conferred by subsection (4) on the Scottish Ministers, “relevant authority” means an authority whose functions—
a
are exercisable only in or as regards Scotland,
b
are wholly or mainly devolved Scottish functions, and
c
correspond or are similar to those of an authority for the time being specified in section 1(3).
6
For the purposes of the power conferred by subsection (4) on the Welsh Ministers, “relevant authority” means an authority whose functions—
a
are exercisable only in or as regards Wales,
b
are wholly or mainly devolved Welsh functions, and
7
Before making regulations under this section, the Scottish Ministers or the Welsh Ministers must consult a Minister of the Crown.
8
9
Provision made by the Scottish Ministers or the Welsh Ministers in reliance on subsection (8) may, in particular, amend section 1 so as to—
a
confer on the Ministers a power to issue guidance;
b
require a relevant authority to take into account any guidance issued under a power conferred by virtue of paragraph (a);
c
disapply section 1(2) in consequence of the imposition of a requirement by virtue of paragraph (b).
10
Before issuing guidance under a power conferred by virtue of subsection (9)(a), the Ministers must—
a
take into account any guidance issued by a Minister of the Crown under section 1;
b
consult a Minister of the Crown.
11
For the purposes of this section—
a
a function is a devolved Scottish function if it is exercisable in or as regards Scotland and it does not relate to reserved matters (within the meaning of the Scotland Act 1998);
b
a function is a devolved Welsh function if it relates to a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, or to a matter within the legislative competence of the National Assembly for Wales.