Specific Duties
Consultation on revised draft Regulations for specific duties was launched on 9 September 2011 and closed on 25 November 2011. On 9 March 2012 the Scottish Government published an analysis of consultation responses and its own report on the consultation. This report summarises the Scottish Government's response to the issues raised and includes the final version of the draft Regulations.
The draft Regulations were laid before the Scottish Parliament on 21 March 2012. They are expected to come into force on 27 May 2012.
Background
The UK Government's Equality Act 2010 restated, simplified and, where appropriate, harmonised the various different pieces of equality legislation that had been produced over the last 40 years. The bulk of the Act came into force on 1 October 2010.
Prior to the Equality Act 2010, there were 3 separate public sector equality duties covering race, disability and gender. The Equality Act 2010 replaced these with a new single equality duty covering race, sex, disability, sexual orientation, religion and belief, age, gender reassignment and pregnancy and maternity.
The duty is in 2 parts - a duty in the Equality Act 2010 itself, often refered to as the 'general duty', and specific duties which are placed on some public authorities by Scottish Ministers. The purpose of the specific duties is to enable the better performance of the general duty.
The general duty in the Equality Act 2010 came into force on 5 April 2011. Since that date, Scottish public authorities have been subject to the new general duty in the Equality Act 2010. Under this general duty they must have 'due regard' to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations.
Previous Consultation on Specific Duties
In 2010, Scottish Ministers consulted on a draft Order to amend the Equality Act 2010 to increase the range of Scottish public authorities covered by the general duty for all of their functions, and on draft Regulations which set out the content of the specific duties. A consultation Analysis and Report were published.
The final drafts of the Order and Regulations were laid before the Scottish Parliament at the end of January 2011 and were considered by the Scottish Parliament's Equal Opportunities Committee. The Order and Regulations are subject to the affirmative procedure, so needed the agreement of Parliament before they could come into force.
The Committee recommended to Parliament that the draft Order should be approved, and it has now been approved. However, the Committee did not recommend that the draft Regulations should be approved and they were formally withdrawn. Revised draft Regulations have now been laid.
Guidance
The Equality and Human Rights Commission have placed guidance on their website. Further guidance to support the specific duties is expected in spring 2012.