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The Race Relations Act 1976 (Statutory Duties) (Scotland) Amendment Order 2004

S.S.I. 2004/521 · Made 30 November 2004

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.

RACE RELATIONS

Made 30th November 2004

Laid before the Scottish Parliament 2nd December 2004

Coming into force 31st December 2004

The Scottish Ministers, in exercise of the powers conferred by sections 71(2) and (3) and 74(4) of the Race Relations Act 1976f1 and of all other powers enabling them in that behalf, after consultation with the Commission for Racial Equality in accordance with section 71(4) of that Act, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1976 c. 74 (“the 1976 Act”); section 71 was substituted by section 2 of the Race Relations (Amendment) Act 2000 (c. 34). Subsections (2) to (4) of section 71 are deemed by virtue of section 71B(1) of the 1976 Act to be pre-commencement enactments within the meaning of the Scotland Act 1998 (c. 46) (“the 1998 Act”). The functions conferred on the Secretary of State by those subsections are therefore transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002
  3. 3Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002
  4. 4Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002
  5. 5Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002
  6. 6Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002
  7. 7Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002
  8. Signature
  9. Explanatory note

1Citation and commencement

This Order may be cited as the Race Relations Act 1976 (Statutory Duties) (Scotland) Amendment Order 2004 and shall come into force on 31st December 2004.

2Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002

The Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002f1 is amended as follows.

3Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002

At the beginning of article 2(1) (race equality schemes) insert “Subject to article 2A,”.

4Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002

After article 2 insert–

“2A.
(1)

In the case of the bodies or persons specified in paragraph (2), article 2 shall apply subject to the modifications that–

(a)

for “30th November 2002” in article 2(2) there is substituted “30th November 2005”; and

(b)

for “30th November 2005” in article 2(4) there is substituted “30th November 2008”.

(2)

The specified bodies or persons are–

(a)

The Law Society of Scotland, in respect of its public functions;

(b)

The Scottish Commission for the Regulation of Care;

(c)

The Scottish Qualifications Authority; and

(d)

The Scottish Social Services Council.”.

5Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002

In article 5(1) (monitoring by employers) for “article 5A,”f1 substitute “articles 5A and 5B,”.

6Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002

After article 5Af1 insert–

“5B.

In the case of Bòrd na Gàidhlig (Alba), article 5 shall apply subject to the modification that for “30th November 2002” in article 5(1)(a) there is substituted “31st May 2005”.”.

7Amendment of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002

In Schedule 3 (bodies or persons excepted by article 5(5)(c) of the 2002 Order) omit “The Scottish Hospital Trust”.

Signature

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

30th November 2004

Explanatory note

(This note is not part of the Order)

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 (“Schedule 1A”) 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 so far as within devolved competence. This Order amends the 2002 Order..

Article 4 inserts a new article 2A in the 2002 Order. This extends the duties under article 2 of that Order to those bodies or persons listed in article 4(2) of this Order and gives them until 30th November 2005 to comply with those duties.

Article 6 inserts a new article 5B in the 2002 Order. This extends the duties under article 5 of that Order to Bòrd na Gàidhlig (Alba) and gives them until 31st May 2005 to comply with those duties.

Article 7 amends Schedule 3 to the 2002 Order which lists those bodies or persons excepted from the duties of monitoring by employers in article 5 of that Order.