Specific public sector equality duties—Scotland
Produced in partnership with Bruce Caldow of Harper Macleod LLP

The following Public Law practice note produced in partnership with Bruce Caldow of Harper Macleod LLP provides comprehensive and up to date legal information covering:

  • Specific public sector equality duties—Scotland
  • Who is subject to the Scottish specific duties?
  • Who needs to be aware of the Scottish specific duties?
  • Scope of the Scottish specific duties
  • Relevant protected characteristics
  • Report on mainstreaming the equality duty
  • Publish equality outcomes and report progress
  • Assess and review policies and practices
  • Gather and use employee information
  • Gather and use member information
  • More...

Specific public sector equality duties—Scotland

The public sector equality duty (PSED) as defined and set out in Part 11 of the Equality Act 2010 (EqA 2010) is made up of a ‘general equality duty’, the overarching requirement or substance of the duty, supported by ‘specific duties’ which are intended to help performance of the general equality duty.

Focusing on Scotland, this Practice Note examines how the specific duties require public bodies to undertake a number of assessments and report on various information. It explains how the specific duties promote transparency and accountability to service users for decisions, keeping the equality aims squarely focused in the minds of decision-makers.

It must be remembered that the specific duties do not replace the general PSED—public bodies subject to the specific duties must still also comply with the PSED. Indeed under the regime in Scotland, the intention is that the specific duties support and promote the achievement of the PSED.

For background reading on the PSED, see Practice Note: Public sector equality duty.

EqA 2010, s 153 enacts the power to impose, by secondary legislation, specific duties on public authorities exercising public functions in order to demonstrate their compliance with the PSED. While the PSED is the same for England, Scotland and Wales, the specific public sector equality duties enacted by EqA 2010, s 153 differ between those jurisdictions.

For non-devolved public authorities in

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