PRACTICE NOTES
Scotland's specific public sector equality duties: compliance, reporting, impact assessment, procurement and enforcement, with Gender Representation on Public Boards obligations
Public sector equality duty (PSED)
The public sector equality duty (PSED), as articulated in Part 11 of the Equality Act 2010 (EqA 2010), consists of a general equality duty—the core obligation—supported by specific duties intended to aid delivery of the general duty. With Scotland as the focus in particular, this Practice Note explores how the specific duties oblige public bodies to conduct a range of assessments and to report on assorted information. It sets out, in practice, how those specific duties encourage transparency and accountability to service users for decisions, ensuring equality objectives remain prominent in the minds of decision-makers. It should be borne in mind that the specific duties do not supplant the general PSED—public bodies subject to the specific duties must still also adhere to the PSED. Indeed, within the Scottish regime, the intention is for the specific duties to support and further more fully the achievement of the PSED. For background on the PSED, see Practice Note: Public sector equality duty. EqA 2010, s 153 provides the power to impose, by secondary legislation, specific duties on public authorities exercising public functions, in order to evidence their compliance with the PSED. While the PSED is the same for...
Public Law