Regulation 2 InterpretationI1

Scotland

In these Regulations—

“the Act” means the Equality Act 2010;
“employee” is to be construed in accordance with section 83 of the Act except that it is also to include a constable (including a chief constable) and a police cadet of a police force maintained under section 1 of the Police (Scotland) Act 1967^f1;
“listed authority” means a public authority listed in F1regulation 2A(1) F2, 2B(1) F3, 2C(1) F4, 2D(1) F5, 2E(1), 2F(1) F6, 2G(1) or 2H(1) of or the Schedule to these Regulations^f2;
“relevant protected characteristic” is to be construed in accordance with section 149(7) of the Act; and
“the equality duty” means the duty of the listed authority to have, in the exercise of its functions, due regard to the needs mentioned in section 149(1) of the Act.

Annotations

F1: Words in reg. 2 inserted (11.6.2015) by The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/254), regs. 1, 3
F2: Words in reg. 2 substituted (26.11.2020) by The Scottish National Investment Bank p.l.c. and South of Scotland Enterprise (Miscellaneous Listings) Regulations 2020 (S.S.I. 2020/403), regs. 1, 3(2)
F3: Words in reg. 2 substituted (23.12.2021) by The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2021 (S.S.I. 2021/473), regs. 1, 2(2)
F4: Words in reg. 2 substituted (4.5.2022) by The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/151), regs. 1, 2(2)
F5: Words in reg. 2 substituted (1.7.2024) by The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/176), regs. 1, 2(2)
F6: Words in reg. 2 substituted (1.12.2025) by The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2025 (S.S.I. 2025/369), regs. 1, 2(2)

f1: 1967 c.77; section 1 was amended by the Local Government (Scotland) Act 1973 (c.65), section 146(2) and the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 71(2).
f2: The Schedule lists those public authorities specified in Part 3 of Schedule 19 to the Equality Act 2010 which are made subject to the specific duties in these Regulations. Part 3 of that Schedule was amended by S.S.I. 2011/233 and 2012/55.