The Equality Act 2010 (Specific Duties) Regulations 2011
Draft 2011, ISBN 9780111512951
Draft Regulations laid before Parliament under section 208(4), (5)(f) and (8) of the Equality Act 2010, for approval by resolution of each House of Parliament.
Equality
Made ***
Coming into force in accordance with Regulation 1(1)
These Regulations are made in exercise of the powers conferred by sections 153(1), 154(2) and 207(4) of the Equality Act 2010f1.
The Secretary of State has consulted the Commission for Equality and Human Rights in accordance with sections 153(4) and 154(4) of that Act.
The Secretary of State has consulted the Welsh Ministers in accordance with section 154(3) of that Act so far as these Regulations apply to cross-border Welsh authorities.
A draft of these Regulations was laid before and approved by a resolution of each House of Parliament in accordance with section 208(4), (5)(f) and (8) of that Act.
The Secretary of State, in exercise of those powers, makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Publication of information
- 3Equality objectives
- 4Manner of publication
- Signature
- Schedule 1PUBLIC AUTHORITIES REQUIRED TO PUBLISH INFORMATION BY 31ST JANUARY 2012
- Schedule 2PUBLIC AUTHORITIES REQUIRED TO PUBLISH INFORMATION BY 6TH APRIL 2012
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Equality Act 2010 (Specific Duties) Regulations 2011 and come into force on the day after the day they are made.
In these Regulations “the Act” means the Equality Act 2010.
2Publication of information
Each public authority listed in either Schedule to these Regulations must publish information to demonstrate its compliance with the duty imposed by section 149(1) of the Act.
A public authority listed in Schedule 1 to these Regulations must publish the information—
not later than 31st January 2012; and
subsequently at intervals of not greater than one year beginning with the date of last publication.
A public authority listed in Schedule 2 to these Regulations must publish the information—
not later than 6th April 2012; and
subsequently at intervals of not greater than one year beginning with the date of last publication.
The information a public authority publishes in compliance with paragraph (1) must include, in particular, information relating to persons who share a relevant protected characteristic who are—
its employees;
other persons affected by its policies and practices.
Paragraph (4)(a) does not apply to a public authority with fewer than 150 employees.
3Equality objectives
Each public authority listed in either Schedule to these Regulations must prepare and publish one or more objectives it thinks it should achieve to do any of the things mentioned in paragraphs (a) to (c) of subsection (1) of section 149 of the Act.
The objectives must be published—
not later than 6th April 2012; and
subsequently at intervals of not greater than four years beginning with the date of last publication.
An objective published by a public authority in compliance with paragraph (1) must be specific and measurable.
4Manner of publication
Each public authority listed in either Schedule to these Regulations must publish the information referred to in regulations 2 and 3 in such a manner that the information is accessible to the public.
A public authority may comply with a duty to publish information imposed by regulation 2 or 3 by publishing the information within another published document.
Signature
Name
Secretary of State for the Home Department
Date
Schedule 1PUBLIC AUTHORITIES REQUIRED TO PUBLISH INFORMATION BY 31ST JANUARY 2012
Any of the armed forces other than any part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.
Schedule 2PUBLIC AUTHORITIES REQUIRED TO PUBLISH INFORMATION BY 6TH APRIL 2012
The governing body of an educational establishment maintained by an English local authority (within the meaning of section 162 of the Education and Inspections Act 2006f1).
A local authority with respect to the pupil referral units it establishes and maintains by virtue of section 19 of the Education Act 1996f2.
The proprietor of a City Technology College, City College for Technology or the Arts, or an Academy.
Explanatory note
(This note is not part of the Regulations)
These Regulations impose duties on public authorities listed in the Schedules to these Regulations. The purpose of the duties is to ensure better performance by the public authorities concerned of their duty to have due regard to the matters set out in section 149(1) of the Equality Act 2010 (c. 15) (“the Act”).
Regulation 2 requires public authorities to publish information to demonstrate their compliance with the duty imposed by section 149(1) of the Act. Paragraph (2) requires the public authorities listed in Schedule 1 to publish this information not later than 31st January 2012 and subsequently at intervals of not greater than one year beginning with the date of last publication. Paragraph (3) requires the public authorities listed in Schedule 2 to publish this information not later than 6th April 2012 and subsequently at intervals of not greater than one year beginning with the date of last publication. Paragraphs (4) and (5) set out what a public authority’s published information must include.
Regulation 3 requires all public authorities listed in the Schedules to prepare and publish one or more objectives they think they should achieve to do any of the things mentioned in paragraphs (a) to (c) of subsection (1) of section 149 of the Act. All public authorities must publish their objectives not later than 6th April 2012 and subsequently at intervals of not greater than four years beginning with the date of last publication.
Regulation 4 requires that the information must be published in such a manner that the information is accessible to the public and allows the information to be published as part of another document.
The instrument has no impact on the costs of business, charities or voluntary bodies. A full impact assessment of the effect that this instrument will have on the costs of the public sector is available from www.equalities.gov.uk and is published along with the Explanatory Memorandum on www.legislation.gov.uk.