Equality and Human Rights Commission

Public Authorities in :

Who is covered by the Specific Duties?

September 2016 Who is covered by the specific duties (Scotland)

Contents

Aim of this guide ...... 3 Who the general equality duty applies to ...... 4 Where to get further information on the duties ...... 5 Key Legislation and Regulations ...... 5 How this guide works ...... 6 Note about dates – Schedule of timescales ...... 6 Use of member information duty - diversity of boards...... 6 Who is covered by the Specific Duties? ...... 8 A list of all public authorities named in alphabetical order ...... 8 Appendices ...... 17 Appendix 1 - Further and Higher Education ...... 17 Appendix 2- Education Authorities ...... 18 Appendix 3 - Grant Aided Schools ...... 19 Appendix 4 - Police and Fire Authorities ...... 20 Appendix 5 – Community Justice Authorities (Chief Officers of) ...... 20 Appendix 6 – Councils ...... 20 Appendix 7 – Integration Joint Boards (Health and Social Care Partnerships) ..... 21 Appendix 8 - Licensing Boards ...... 22 Appendix 9 - Health Boards (including Special Health Boards) ...... 24 Appendix 10 - Joint Boards ...... 24 Appendix 11 -Transport Partnerships ...... 25 Scottish Government Executive Agencies not separately named in regulations. . 25 Schedule of timescales when specific duties apply to particular authorities ...... 26

Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 2 Who is covered by the specific duties (Scotland)

Aim of this guide

This guide aims to provide, in one place, a list of all the public authorities in Scotland who are covered not only by the general public sector equality duty under the Equality Act 2010, but also by the specific duties in Scotland. [Authorities which are covered by the general duty but not by the specific duties, are not listed.]

These duties arise under section 149 of the Equality Act 2010, and specific duties which are imposed by The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012. The Regulations list certain types of public authority covered by the specific duties but do not name each authority. This guide names all the individual public authorities covered by the specific duties in Scotland.

This guide is not an authoritative statement of the law. It is not intended as a substitute for taking appropriate advice on the question of which public authorities are covered by the Public Sector Equality Duty.

The Regulations have been amended since 2012 to revise the list of authorities covered by the specific duties. This guide refers to the regulations as amended, as at April 2016.

Check our website http://www.equalityhumanrights.com/about-us/devolved- authorities/commission-scotland/public-sector-equality-duty-scotland to see if it has been replaced by a more recent version.

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Who the general equality duty applies to

The general equality duty covers all public authorities named in Schedule 19 – Part 3 of the Equality Act 2010 (as amended).

Most public authorities specified in Schedule 19 are covered by the general equality duty in relation to all of their functions. A small number of public authorities are listed as being covered by the general equality duty only in relation to certain functions. Schedule 19 makes clear who these authorities are.

Authorities carrying out public functions: The general equality duty also applies to any other organisation which exercises a public function. This includes private authorities or voluntary organisations which are carrying out public functions.

The Equality Act defines a public function as a function of a public nature for the purposes of the Human Rights Act 1998. An example of this would be a private company running a prison on behalf of the government. The company would, however, only be covered by the general equality duty with regard to its public functions, but not for other work, like providing security services for a supermarket.

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Where to get further information on the duties

The Commission has produced Technical Guidance on the Public Sector Equality Duty Scotland which outlines the requirements of the Equality Act 2010 and the specific duty regulations. The guidance provides an authoritative, comprehensive and technical guide to the detail of the law. This is accompanied by a series of seven detailed non statutory guidance documents offering practical advice. This Non- statutory Guidance provides further details of what each of the particular specific duties require listed public authorities to do: 1. Essential guide to the public sector equality duty

2. Equality outcomes and the public sector equality duty

3. Evidence and the public sector equality duty

4. Involvement and the public sector equality duty

5. Assessing impact and the public sector equality duty

6. Mainstreaming the equality duty

7. Employee information and the public sector equality duty

8. Board Diversity and the public sector equality duty

Key Legislation and Regulations

The Equality Act 2010

The Equality Act 2010 (Specification of Public Authorities) (Scotland) Regulations 2012

The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2015

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

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The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2016

How this guide works

The first section provides a complete list of which public authorities are covered by the Specific Duties in alphabetical order.

The second section provides appendices which group together public authorities, those which can be easily grouped, to make it easier to find whether an authority in a particular sector is covered. This means that not every public authority in the alphabetical list will appear in the appendices. The appendices are listed in the Contents.

The second section also includes the details of Scottish Government Executive Agencies on page 25. These are not separately named in the Regulations (they fall under the Scottish Ministers listing) and so are NOT included in the alphabetical list.

Note about dates – Schedule of timescales

The majority of listed authorities started their reporting in 2013 and publish every 2 years or 4 years depending on the particular specific duty.

Further authorities have been added by amendment to the regulations, so some authorities report on different timescales.

In the alphabetical list, the symbols • and •• have been used to indicate those authorities which have a different timescale. The timescales are explained in the Schedule at the end of this leaflet.

Use of member information duty - diversity of boards

The Equality Act 2010 (Specific Duties) (Amendment) Regulations 2016 introduced a new duty on relevant listed authorities in relation to the publication of members Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 6 Who is covered by the specific duties (Scotland)

information. This duty is intended to improve diversity of boards. Further details of the duty are available in our non-statutory guidance Board Diversity and the public sector equality duty.

Authorities covered by these duties are marked in purple.

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Who is covered by the Specific Duties?

A list of all public authorities named in alphabetical order

Aberdeen City Council Aberdeen City Integration Joint Board Aberdeen City Education Authority Aberdeen City Licensing Board Aberdeenshire Central Licensing Board Aberdeenshire Council Aberdeenshire Integration Joint Board • Aberdeenshire Education Authority Aberdeenshire North Licensing Board Aberdeenshire South Licensing Board Accounts Commission for Scotland Angus Council Angus Health and Social Care Partnership • Angus Education Authority Angus Licensing Board Council Argyll and Bute Integration Joint Board • Argyll and Bute Education Authority Argyll and Bute Licensing Board Audit Scotland Ayrshire College Ayrshire Valuation Joint Board Bòrd na Gáidhlig Borders College Cairngorms National Park Care Inspectorate

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Central Scotland Valuation Joint Board Children's Hearings Scotland • City of Edinburgh Council City of Edinburgh Education Authority City of Edinburgh Licensing Board City of College City of Glasgow Licensing Board Council Clackmannanshire Health and Social Care Partnership • Clackmannanshire Education Authority Clackmannanshire Licensing Board Comhairle nan Eilean Siar Comhairle nan Eilean Siar Health and Social Care Partnership • Commissioner for Children and Young People in Scotland Corseford School Craighalbert School Creative Scotland Donaldson’s School (The Donaldson Trust) Dumfries & Galloway: and Divisional Licensing Board College Dumfries and Galloway Council Dumfries and Galloway Health and Social Care Partnership Dumfries and Galloway Education Authority Dumfries & Galloway: Divisional Licensing Board Dumfries & Galloway: Divisional Licensing Board Dumfries & Galloway: Wigtown Divisional Licensing Board Dunbartonshire and Argyll and Bute Valuation Joint Board Dundee and Angus College Dundee City Council Dundee Health and Social Care Partnership • Dundee City Education Authority Dundee City Licensing Board East Ayrshire Council East Ayrshire Health and Social Care Partnership • East Ayrshire Education Authority Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 9 Who is covered by the specific duties (Scotland)

East Ayrshire Licensing Board East Dunbartonshire Council East Dunbartonshire Health and Social Care Partnership • East Dunbartonshire Education Authority East Dunbartonshire Licensing Board East Council Health and Social Care Partnership • East Lothian Education Authority East Lothian Licensing Board East Park School East Renfrewshire Council East Renfrewshire Health and Social Care Partnership • East Renfrewshire Education Authority East Renfrewshire Licensing Board Edinburgh Health and Social Care Partnership • Edinburgh Napier University Edinburgh College Council Falkirk Health and Social Care Partnership • Falkirk Council Licensing Board Falkirk Education Authority and Forth Valley Community Justice Authority (Chief Officer of) Fife College Fife Council Fife Health and Social Care Partnership • Fife Education Authority Fife Licensing Board Food Standards Scotland Forth Estuary Transport Authority • • Forth Valley College of Further and Higher Education Glasgow Caledonian University Glasgow City Council Glasgow City Health and Social Care Partnership • Glasgow City Education Authority

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Glasgow Clyde College Glasgow Colleges’ Regional Board • Glasgow Community Justice Authority (Chief Officer of) Glasgow Kelvin College Glasgow School of Art Valuation Joint Board Harmeny School Healthcare Improvement Scotland Heriot-Watt University Council Highland Education Authority Highland Licensing Board Highlands and Islands Enterprise Highlands and Islands Transport Partnership (HITRANS) Highlands and Western Isles Valuation Joint Board Historic Environment Scotland Council Inverclyde Health and Social Care Partnership • Inverclyde Education Authority Inverclyde Council Licensing Board Inverness College Jordanhill School The Keeper of the Records of Scotland The Keeper of the Registers of Scotland Lanarkshire Community Justice Authority (Chief Officer of) Lanarkshire Valuation Joint Board Lews Castle College Loch Lomond and the Trossachs National Park Lothian and Borders Community Justice Authority (Chief Officer of) Lothian Valuation Joint Board The Mental Welfare Commission for Scotland Council Midlothian Health and Social Care Partnership • Midlothian Education Authority Midlothian Licensing Board Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 11 Who is covered by the specific duties (Scotland)

Moray College Council Moray Community Health and Social Care Partnership • Moray Education Authority Moray Licensing Board The National Galleries of Scotland (Board of Trustees of) NHS 24 NHS Ayrshire and Arran NHS Borders NHS Dumfries and Galloway NHS Education for Scotland NHS Fife NHS Forth Valley NHS Grampian NHS Greater Glasgow and Clyde NHS Health Scotland NHS Highland NHS Lanarkshire NHS Lothian NHS National Services Scotland NHS National Waiting Times Centre NHS Orkney NHS Shetland NHS NHS Western Isles Na h-Eileanan an Iar Health and Social Care Partnership • The National Library of Scotland The National Museums of Scotland (Board of Trustees of) New College Lanarkshire Newbattle Abbey College North Ayrshire Council North Ayrshire Health and Social Care Partnership • North Ayrshire Education Authority North Ayrshire Licensing Board North East Scotland College Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 12 Who is covered by the specific duties (Scotland)

The North Highland College North Lanarkshire Council North Lanarkshire Health and Social Care Partnership • North Lanarkshire Education Authority North Lanarkshire Licensing Board North-East of Scotland Transport Partnership (NESTRANS) North Community Justice Authority (Chief Officer of) Northern Community Justice Authority (Chief Officer of) Orkney and Shetland Valuation Joint Board Orkney College Orkney Islands Area Licensing Board Orkney Health and Care Partnership • Orkney Islands Education Authority Council Perth and Kinross Health and Social Care Partnership • Perth and Kinross Education Authority Perth and Kinross Licensing Board Perth College Police Scotland (Chief Constable of) Queen Margaret University, Edinburgh The Registrar General of Births, Deaths and Marriages Renfrewshire Council Renfrewshire Health and Social Care Partnership • Renfrewshire Education Authority Renfrewshire Licensing Board Renfrewshire Valuation Joint Board

Revenue Scotland • Robert University Royal Blind School Royal Conservatoire of Scotland Sabhal Mòr Ostaig Scotland’s Rural College Scottish Ambulance Service Council Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 13 Who is covered by the specific duties (Scotland)

Scottish Borders Health and Social Care Partnership • Scottish Borders Education Authority Scottish Borders Licensing Board The Scottish Children’s Reporter Administration Scottish Courts and Tribunals Service The Scottish Criminal Cases Review Commission Scottish Enterprise Scottish Environment Protection Agency Scottish Fire and Rescue Service Scottish Fire and Rescue Service (Chief Officer of) Scottish Funding Council The Scottish Legal Aid Board Scottish Ministers (see note on page 25) Scottish Natural Heritage Scottish Police Authority Scottish Qualifications Authority The Scottish Social Services Council Scottish Water Shetland College Shetland Islands Health and Social Care Partnership • Shetland Islands Education Authority Shetland Islands Area Licensing Board Shetland Transport Partnership (ZetTrans) Skills Development Scotland South Ayrshire Council South Ayrshire Health and Social Care Partnership • South Ayrshire Education Authority South Ayrshire Licensing Board South Lanarkshire College South Lanarkshire Council South Lanarkshire Health and Social Care Partnership • South Lanarkshire Education Authority South Lanarkshire Licensing Division No. 1 () Board South Lanarkshire Licensing Division No. 2 () Board Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 14 Who is covered by the specific duties (Scotland)

South Lanarkshire Licensing Division No. 3 () Board South Lanarkshire Licensing Division No 4 (Rutherglen and Cambuslang) Board South West Scotland Community Justice Authority (Chief Officer of) South-East of Scotland Transport Partnership (SESTRAN) South-West of Scotland Transport Partnership (Swestrans) Sportscotland (Scottish Sports Council) Stanmore House School The State Hospitals Board for Scotland Council Stirling Health and Social Care Partnership • Stirling Education Authority Stirling Licensing Board Strathclyde Partnership for Transport (SPT) Tay Road Bridge Joint Board Tayside and Central Scotland Transport Partnership (TACTRAN) Tayside Community Justice Authority (Chief Officer of) Tayside Valuation Joint Board University of Aberdeen University of Abertay, Dundee University of Dundee University of Edinburgh University of Glasgow University of the Highlands and Islands University of St Andrews University of Stirling University of Strathclyde University of the West of Scotland VisitScotland West College Scotland West Dunbartonshire Council West Dunbartonshire Health and Social Care Partnership • West Dunbartonshire Education Authority West Dunbartonshire Licensing Board West Highland College College Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 15 Who is covered by the specific duties (Scotland)

West Lothian Council West Lothian Health and Social Care Partnership • West Lothian Education Authority West Lothian Licensing Board Western Isles Education Authority Western Isles Licensing Board

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Appendices

This section provides appendices which group together certain public authorities, those which can be easily grouped, to make it easier to find whether an authority in a particular sector is covered. This means that not every public authority in the alphabetical list will appear in the appendices.

Appendix 1 - Further and Higher Education

Aberdeen and Aberdeenshire College Ayrshire College Borders College City of Glasgow College Dumfries and Galloway College Dundee and Angus College Edinburgh Napier University Edinburgh College Fife College Forth Valley College of Further and Higher Education Glasgow Caledonian University Glasgow Colleges’ Regional Board • Glasgow Clyde College Glasgow Kelvin College Glasgow School of Art Heriot-Watt University Inverness College Lews Castle College Moray College Newbattle Abbey College New College Lanarkshire

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North East Scotland College North Highland College Orkney College Perth College Queen Margaret University, Edinburgh Robert Gordon University Royal Conservatoire of Scotland Sabhal Mòr Ostaig Scotland’s Rural College Shetland College South Lanarkshire College University of Aberdeen University of Abertay, Dundee University of Dundee University of Edinburgh University of Glasgow University of the Highlands and Islands University of St Andrews University of Stirling University of Strathclyde University of the West of Scotland West College Scotland West Highland College West Lothian College

Appendix 2- Education Authorities

Aberdeen City Education Authority Aberdeenshire Education Authority Angus Education Authority Argyll and Bute Education Authority City of Edinburgh Education Authority Clackmannanshire Education Authority Dumfries and Galloway Education Authority

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Dundee City Education Authority East Ayrshire Education Authority East Dunbartonshire Education Authority East Lothian Education Authority East Renfrewshire Education Authority Falkirk Education Authority Fife Education Authority Glasgow City Education Authority Highland Education Authority Inverclyde Education Authority Midlothian Education Authority Moray Education Authority North Ayrshire Education Authority North Lanarkshire Education Authority Orkney Islands Education Authority Perth and Kinross Education Authority Renfrewshire Education Authority Scottish Borders Education Authority Shetland Islands Education Authority South Ayrshire Education Authority South Lanarkshire Education Authority Stirling Education Authority West Dunbartonshire Education Authority West Lothian Education Authority Western Isles Education Authority

Appendix 3 - Grant Aided Schools

Corseford School Craighalbert School Donaldson’s School (The Donaldson Trust) East Park School Harmeny School Jordanhill School Royal Blind School

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Stanmore House School

Appendix 4 - Police and Fire Authorities

Police Scotland (Chief Constable of) Scottish Fire and Rescue Service Scottish Fire and Rescue Service (Chief Officer of) Scottish Police Authority

Appendix 5 – Community Justice Authorities (Chief Officers of)

Chief Officer of Fife and Forth Valley Community Justice Authority Chief Officer of Glasgow Community Justice Authority Chief Officer of Lanarkshire Community Justice Authority Chief Officer of Lothian and Borders Community Justice Authority Chief Officer of North Strathclyde Community Justice Authority Chief Officer of Northern Community Justice Authority Chief Officer of South West Scotland Community Justice Authority Chief Officer of Tayside Community Justice Authority

Appendix 6 – Councils

Aberdeen City Council Aberdeenshire Council Angus Council Argyll and Bute Council City of Edinburgh Council Clackmannanshire Council Comhairle nan Eilean Siar Dumfries and Galloway Council Dundee City Council East Ayrshire Council East Dunbartonshire Council

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East Lothian Council East Renfrewshire Council Falkirk Council Fife Council Glasgow City Council Highland Council Inverclyde Council Midlothian Council Moray Council North Ayrshire Council North Lanarkshire Council Orkney Islands Council Perth and Kinross Council Renfrewshire Council Scottish Borders Council Shetland Islands Council South Ayrshire Council South Lanarkshire Council Stirling Council West Dunbartonshire Council West Lothian Council

Appendix 7 – Integration Joint Boards (Health and Social Care Partnerships)

Aberdeen City Health and Social Care Partnership • Aberdeenshire Health and Social Care Partnership • Angus Health and Social Care Partnership • Argyll and Bute Health and Social Care Partnership • Clackmannanshire and Stirling Health and Social Care Partnership • Dumfries and Galloway Health and Social Care Partnership • Dundee Health and Social Care Partnership • East Ayrshire Health and Social Care Partnership • East Dunbartonshire Health and Social Care Partnership •

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East Lothian Health and Social Care Partnership • East Renfrewshire Health and Social Care Partnership • Edinburgh Health and Social Care Partnership • Falkirk Health and Social Care Partnership • Fife Health and Social Care Partnership • Glasgow City Health and Social Care Partnership • Inverclyde Health and Social Care Partnership • Midlothian Health and Social Care Partnership • Moray Community Health and Social Care Partnership • Na h-Eileanan an Iar Health and Social Care Partnership • North Ayrshire Health and Social Care Partnership • North Lanarkshire Health and Social Care Partnership • Orkney Health and Care Partnership • Perth and Kinross Health and Social Care Partnership • Renfrewshire Health and Social Care Partnership • Scottish Borders Health and Social Care Partnership • Shetland Islands Health and Social Care Partnership • South Ayrshire Health and Social Care Partnership • South Lanarkshire Health and Social Care Partnership • West Dunbartonshire Health and Social Care Partnership • West Lothian Health and Social Care Partnership

Appendix 8 - Licensing Boards

Aberdeen City Licensing Board Aberdeenshire Central Licensing Board Aberdeenshire North Licensing Board Aberdeenshire South Licensing Board Angus Licensing Board Argyll & Bute Licensing Board City of Glasgow Licensing Board Clackmannanshire Licensing Board Dumfries & Galloway: Annandale and Eskdale Divisional Licensing Board

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Dumfries & Galloway: Nithsdale Divisional Licensing Board Dumfries & Galloway: Stewartry Divisional Licensing Board Dumfries & Galloway: Wigtown Divisional Licensing Board Dundee City Licensing Board East Ayrshire Licensing Board East Dunbartonshire Licensing Board East Lothian Licensing Board East Renfrewshire Licensing Board City of Edinburgh Licensing Board Falkirk Council Licensing Board Fife Licensing Board Highland Licensing Board Inverclyde Council Licensing Board Midlothian Licensing Board Moray Licensing Board North Ayrshire Licensing Board North Lanarkshire Licensing Board Orkney Islands Area Licensing Board Perth and Kinross Licensing Board Renfrewshire Licensing Board Scottish Borders Licensing Board Shetland Islands Area Licensing Board South Ayrshire Licensing Board South Lanarkshire Licensing Division No 1 (Clydesdale) Board South Lanarkshire Licensing Division No. 2 (East Kilbride) Board South Lanarkshire Licensing Division Number 3 (Hamilton) Board South Lanarkshire Licensing Division No 4 (Rutherglen and Cambuslang) Board Stirling Licensing Board West Dunbartonshire Licensing Board West Lothian Licensing Board Western Isles Licensing Board

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Appendix 9 - Health Boards (including Special Health Boards)

Healthcare Improvement Scotland NHS 24 NHS Ayrshire and Arran NHS Borders NHS Dumfries and Galloway NHS Education for Scotland NHS Fife NHS Forth Valley NHS Grampian NHS Greater Glasgow and Clyde NHS Health Scotland NHS Highland NHS Lanarkshire NHS Lothian NHS National Services Scotland NHS National Waiting Times Centre NHS Orkney NHS Shetland NHS Tayside NHS Western Isles Scottish Ambulance Service The State Hospitals Board for Scotland

Appendix 10 - Joint Boards

Ayrshire Valuation Joint Board Central Scotland Valuation Joint Board Dunbartonshire and Argyll and Bute Valuation Joint Board Forth Estuary Transport Authority Grampian Valuation Joint Board Highlands and Western Isles Valuation Joint Board Lanarkshire Valuation Joint Board

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Lothian Valuation Joint Board Orkney and Shetland Valuation Joint Board Renfrewshire Valuation Joint Board Tay Road Bridge Joint Board Tayside Valuation Joint Board

Appendix 11 -Transport Partnerships

Highlands and Islands Transport Partnership (HITRANS) North-East of Scotland Transport Partnership (NESTRANS) Shetland Transport Partnership (ZetTrans) South-East of Scotland Transport Partnership (SESTRAN) South-West of Scotland Transport Partnership (Swestrans) Strathclyde Partnership for Transport (SPT) Tayside and Central Scotland Transport Partnership (TACTRAN)

Scottish Government Executive Agencies which are not separately named in regulations.

(These are not included in the alphabetical list)

While the duties lie with Scottish Ministers, the term Scottish Ministers includes all ministers and Scottish Government Executive Agencies.

Current Scottish Government Executive Agencies are:

Accountant in Bankruptcy Disclosure Scotland Education Scotland Scottish Prison Service Scottish Public Pensions Agency Student Awards Agency for Scotland Transport Scotland

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Schedule of timescales when specific duties apply to particular authorities Authorities with • Authorities with •• All other Authorities Report on mainstreaming the equality duty; April 2016 April 2016 April 2017 Publish equality outcomes or report progress; April 2018 April 2018 April 2019 Publish employee information then every 2 years then every 2 years then every 2 years

Publish pay gap information - for authorities with 20 April 2018 April 2016 April 2017 or more staff April 2020 April 2018 April 2019 then every 2 years then every 2 years then every 2 years

Publish statement on equal pay – for authorities Not applicable April 2016 in relation to April 2017 in relation to sex, having 150 or more staff sex only race & disability April 2020 in relation to then every 4 years sex, race & disability then every 4 years

Publish statement on equal pay – for authorities April 2018 in relation to Not applicable April 2017 in relation to sex having between 150 & 20 staff sex only only April 2022 in relation to April 2021 in relation to sex, sex, race & disability race & disability then every 4 years then every 4 years

Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 26 Equality and Human Rights Commission

Published September 2016

Equality and Human Rights Commission Please contact the Scotland Team for further information or visit our website.

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