Specific public sector equality duties—Wales
Produced in partnership with Rachel Barrett of Cloisters
Specific public sector equality duties—Wales

The following Public Law guidance note Produced in partnership with Rachel Barrett of Cloisters provides comprehensive and up to date legal information covering:

  • Specific public sector equality duties—Wales
  • Who is subject to the Welsh specific duties?
  • Exceptions
  • Scope of the specific duties—comparison between the English Regulations and the Welsh Regulations
  • Specific duties under the Welsh Regulations
  • Enforcement
  • Guidance from the Equality and Human Rights Commission (EHRC)
  • Review of the PSED in Wales
  • Socio-economic duty
  • Gender representation on public boards

The public sector equality duty (PSED) as defined and set out in Part 11 of the Equality Act 2010 (sections 149–159) (EqA 2010) is made up of a ‘general equality duty’ (general duty); the overarching requirement or substance of the duty. It is supported by ‘specific duties’ which are intended to help performance of the general duty.

In Wales, listed public authorities are obliged to comply with certain specific duties which are complementary to the general duty under the regime that applies in England and to non-devolved public authorities in Wales.

The general duty imposed by EqA 2010, s 149 obliges public authorities and those exercising public functions to have ‘due regard’ to the need to:

  1. eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the EqA 2010

  2. advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

  3. foster good relations between persons who share a relevant protected characteristic and persons who do not share it

Relevant protected characteristics for the purposes of EqA 2010, s 149 are:

  1. age

  2. disability

  3. gender reassignment

  4. pregnancy and maternity

  5. race

  6. religion and belief

  7. sex

  8. sexual orientation.

The protected characteristic of marriage and civil partnership only applies to the first aim of the PSED (EqA 2010, s 149(1)(a)) and only in relation to work (EqA 2010,