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PSED: specific duties in Scotland

From 5th April 2011, there is a single Public Sector Equality Duty (PSED). The 'general duty' element of this PSED has been in force for Scotland, as for the rest of Great Britain, since April 2011. However, 'specific duties' for Scottish devolved bodies only took effect on 27th May 2012.

Note: this page covers the new single Equality Act 2010 duty which took effect from 5th April 2011. For the position before then, see the Disability Equality Duty.

The Public Sector Equality Duty has two parts, the general duty, and the 'specific' duties which are designed to support performance of the general duty.

This page deals mainly with the specific duties for Scotltish devolved bodies. These are the bodies listed in Part 3 of EqA Schedule 19. See the separate pages on England (including non-devolved bodies in Scotland and Wales) and Wales.

Guidance on PSED in Scotland

The EHRC has published guidance on the public sector equality duty in Scotland from May 2012. It covers both the general and specific duties: Non-statutory guidance for Scottish public authorities (link to EHRC). A draft non-statutory Code of Practice for consultation is awaited: see Public Sector Equality Duty in Scotland (link to EHRC).

For the Scottish position more generally, see Public Sector Equality Duties (link to www.scotland.gov.uk).

Specific duty regulations - from 27th May 2012

The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (link to legislation.gov.uk) came into force on 27th May 2012, setting out specific duties for Scotland. The public authorities to which the duties apply are listed in the regulations.

Press Release: New equality duties for public authorities in Scotland (link to EHRC Scotland), 28/5/12.

The duties include:

For official guidance, see above Guidance on PSED in Scotland.

Position before 27th May 2012

Scottish public authorities (like the rest of Geat Britain) have been subject to the 'general duty' since 5th April 2011. As the Scottish Government website said, "Under this general duty they must have 'due regard' to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations."

However, before 27th May no specific duties were in effect for Scottish devolved bodies.


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Last updated 11th June, 2012