Explanatory note

The Race Relations (Amendment) Act 2000 substituted a new section 71 into the Race Relations Act 1976 (“the 1976 Act”).

Section 71(1) of the 1976 Act imposes a general duty on persons specified in Schedule 1A to that Act in carrying out their functions to have due regard to (a) the need to eliminate unlawful discrimination and (b) to promote equality of opportunity and good relations between persons of different racial groups.

Section 71(2) of the 1976 Act empowers the Scottish Ministers to impose by order specific duties on persons falling within Schedule 1A for the purpose of ensuring the better performance of the general duty under section 71(1) of that Act.

The Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 (“the 2002 Order”) made by the Scottish Ministers under section 71(2) imposes specific duties on bodies specified in Schedule 1A to the 1976 Act so far as within devolved competence. This Order further amends the 2002 Order. The 2002 Order has been amended by the Race Relations Act 1976 (Statutory Duties) (Scotland) Amendment Order 2003, the Water Industry (Scotland) Act 2002 (Consequential Provisions) Order 2003, and the Race Relations Act 1976 (Statutory Duties)(Scotland)Amendment Order 2004.

Article 3 inserts reference to a new article 2B of the 2002 Order.

Article 4 inserts the new article 2B in the 2002 Order. This extends the duties under article 2 of that Order to those bodies or persons listed in paragraph (2) and gives them until 30th November 2007 to comply with those duties.

Article 5 inserts further provisions in article 4 of the 2002 Order. These extend the duty under article 4(4) of the 2002 Order to the Scottish Further and Higher Education Funding Council, provide that the Council shall have in place arrangements to fulfil that duty before 31st May 2007, and that the Council shall take steps annually to publish the results of its monitoring.

Article 6 inserts reference to a new article 5C of the 2002 Order.

Article 7 inserts the new article 5C in the 2002 Order. This extends the duties under Article 5 of that Order to those bodies or persons listed in paragraph (2) and gives them until 31st May 2007 to comply with those duties.

Article 8 amends Schedule 1 to the 2002 Order which lists those bodies or persons required to publish race equality schemes.

Article 9 amends Part IV of Schedule 2 to the 2002 Order, which lists educational bodies or persons that require to comply with the duty specified in article 4(4) of the 2002 Order.

Article 10 amends Schedule 3 to the 2002 Order, which lists bodies or persons that are excepted from the duties of monitoring by employers in article 5 of that Order.