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Public Authorities in Scotland

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Public Authorities in Scotland Equality and Human Rights Commission Public Authorities in Scotland: 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. Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 3 Who is covered by the specific duties (Scotland) 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. Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 4 Who is covered by the specific duties (Scotland) 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 Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 5 Who is covered by the specific duties (Scotland) 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. Equality and Human Rights Commission · www.equalityhumanrights.com Published: June 2016 7 Who is covered by the specific duties (Scotland) 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
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