The public sector equality duty in planning and compulsory purchase decisions
The public sector equality duty in planning and compulsory purchase decisions

The following Planning practice note provides comprehensive and up to date legal information covering:

  • The public sector equality duty in planning and compulsory purchase decisions
  • Scope of the public sector equality duty (PSED)
  • Aim of the PSED
  • Scope of the PSED
  • Replacement of previous discrimination laws
  • Substantive requirements of the PSED
  • PSED in planning and compulsory purchase order (CPO) decisions
  • Who the PSED applies to in a planning and CPO context
  • Planning and CPO functions likely to be caught by PSED
  • Discharging the PSED in practice in a planning/CPO context
  • More...

Scope of the public sector equality duty (PSED)

Aim of the PSED

The PSED imposed by section 149 of the Equality Act 2010 (EqA 2010) seeks to tackle systemic discrimination and disadvantage affecting people with particular protected characteristics by integrating considerations of advancement of equality and good relations into the day-to-day business functions of public authorities and bodies subject to the duty.

Scope of the PSED

The PSED requires public authorities to ‘have due regard’ in the exercise of their functions to the need to:

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

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

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

The relevant protected characteristics are:

  1. age

  2. disability

  3. gender reassignment

  4. pregnancy and maternity

  5. race

  6. religion or belief

  7. sex, and

  8. sexual orientation

Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it is stated as involving having due regard, in particular, to the need to:

  1. remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic

  2. take steps to meet the needs of persons who share a relevant

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