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The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2015

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2015, ISBN 9780111027561

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 210(2) of the Equality Act 2010, for approval by resolution of the Scottish Parliament.

Equality

Made 2015

Coming into force 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 153(3), 155(1)(c) and (2) and 207(4) of the Equality Act 2010f1 and all other powers enabling them to do so.

In accordance with section 153(4) of that Act, the Scottish Ministers have consulted the Commission for Equality and Human Rights.

In accordance with section 210(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2010 c.15; Part 3 of Schedule 19 to the Equality Act 2010 makes provision relevant to the exercise of these powers and was relevantly amended by S.S.I. 2012/55 and S.S.I. 2015/83.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012
  3. 3Regulation 2
  4. 4New regulation 2A
  5. 5Schedule
  6. Signature
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2015 and come into force on the day after the day on which they are made.

2Amendment of the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012f1 are amended as follows.

3Regulation 2

In the definition of “listed authority” in regulation 2 (interpretation), after “listed in” insert “regulation 2A(1) of or”.

4New regulation 2A

After regulation 2, insert—

“Further listed authorities

2A.
(1)

The following public authorities are, in addition to those listed in the Schedule, listed authorities—

(a)

Children’s Hearings Scotland;

(b)

Food Standards Scotland;

(c)

Historic Environment Scotland;

(d)

an integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014f1;

(e)

a regional board (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005f2);

(f)

Revenue Scotland.

(2)

These Regulations apply to the authorities listed in sub-paragraphs (a), (b) and (d) to (f) of paragraph (1) subject to the modifications set out in paragraphs (3) to (6).

(3)

In regulation 3(a), for “2013” substitute “2016”.

(4)

In regulation 4—

(a)

in paragraph (1)(a), for “2013” substitute “2016”; and

(b)

in paragraph (4)(a), for “2015” substitute “2018”.

(5)

In regulation 7—

(a)

in paragraph (2)(a), for “2013” substitute “2016”; and

(b)

in paragraph (4), for “these Regulations” substitute “the Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2015”.

(6)

In regulation 8—

(a)

in paragraph (1)(a), for “2013” substitute “2016”; and

(b)

in paragraph (4), for “these Regulations” substitute “the Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2015”.

(7)

These Regulations apply to Historic Environment Scotland subject to—

(a)

the modifications set out in paragraphs (5)(b) and (6)(b) above; and

(b)

the modifications that—

(i)

in each of regulations 3(a), 4(1)(a), 7(2)(a) and 8(1)(a), “2017” is to be substituted for “2013”; and

(ii)

in regulation 4(4)(a), “2019” is to be substituted for “2015”.”.

5Schedule

(1)

The amendment in paragraph (2) applies to the entries in the Schedule under the heading “Other educational bodies” which begin—

(a)

“The board of management”; and

(b)

“The governing body”.

(2)

For “fundable body (within the meaning of section 6(2)”, substitute “post-16 education body (within the meaning of section 35(1)”.

Signature

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (“the 2012 Regulations”) by adding to the list of public authorities covered by those Regulations certain newly or recently created public authorities. The authorities added are listed at paragraph (1) of the new regulation 2A being inserted in the 2012 Regulations by regulation 4 of these Regulations. The 2012 Regulations are also modified in their application to the new authorities so as to provide different dates by which certain duties have to be complied with.

In addition, regulation 5 of these Regulations makes minor amendments to two of the entries in the Schedule to the 2012 Regulations.