PSED: specific duties in Scotland

From 5th April 2011, there is a single Public Sector Equality Duty (PSED). The 'general duty' element of this PSED is in force for Scotland, as for the rest of Great Britain. 'Specific duties' for Scotland are expected to take effect in May 2012.

Note: this page covers the new single Equality Act 2010 duty which took effect from 5th April 2011. For the position before then, see the Disability Equality Duty.

The Public Sector Equality Duty has two parts, the general duty, and the 'specific' duties which are designed to support performance of the general duty.

This page deals mainly with the specific duties for Scotland, excluding non-devolved bodies. The relevant bodies are those listed in Part 3 of EqA Schedule 19. See the separate pages on England (including non-devolved bodies in Scotland and Wales) and Wales.

Present position

Scottish public authorities (like the rest of Geat Britain) have been subject to the 'general duty' since 5th April 2011. As the Scottish Government website says, "Under this general duty they must have 'due regard' to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations."

However, no specific duties are yet in effect for Scottish devolved bodies. These duties are expected to come into force in May 2012 - see next heading.

The Equality and Human Rights Commission has published three interim guides on meeting the PSED in Scotland: see Public Sector Equality Duty in Scotland (link to EHRC).

Final draft specific duty regulations

Final draft regulations, setting out specific duties for Scotland, were laid before the Scottish Parliament on 21st March. They are expected to come into force on 27th May 2012.

The final draft regulations and consultation response are at www.scotland.gov.uk/Publications/2012/03/4239/downloads. The draft regulations are also at legislation.gov.uk. The public bodies to which the specific duties will apply are listed in the regulations.

The duties include:

publication of reports on progress, at least every 2 years
preparation (with involvement of relevant groups) of 'equality outcomes', ie results which the public body aims to achieve, and reports on progress achieving them (if any particular protected charateristic is not included, the public authority has to state why)
duties as regards assessing and reviewing policies and practices, including publication of impact assessments
gathering and publication of certain employment information
for bodies with at least 150 employees, publication of gender pay gap information and of further information relating to employment
duties as regards procurement, both regarding criteria for who a contract should be awarded to, and the conditions of the contract
duty of Scottish Ministers to publish proposals to enable better performance.

The EHRC is expected to publish updated guidance in May 2012, plus a draft non-statutory Code of Practice for consultation: see Public Sector Equality Duty in Scotland (link to EHRC).

For the Scottish position more generally, see Public Sector Equality Duties (link to www.scotland.gov.uk).

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PSED: specific duties in Scotland

Present position

Final draft specific duty regulations

Public Sector Equality Duty menu

Main page:

'General duty':

'Specific duties:

Other particular points:

Before 5 April 2011: