Equality Act 2006

7 Scotland: human rights

(1) The Commission shall not take human rights action in relation to a matter if the Scottish Parliament has legislative competence to enable a person to take action of that kind in relation to that matter.

(2) In subsection (1) “human rights action” means action taken—

(a) in accordance with section 9(1), and

(b) under, by virtue of or in pursuance of—

(i) section 11(1) in so far as it relates to the Human Rights Act 1998 (c. 42),

(ii) section 11(2)(c) or (d),

(iii) section 12,

(iv) section 13,

(v) section 16,

(vi) section 17, or

(vii) section 30.

(3) Despite section 9(4), the Commission shall not, in the course of fulfilling a duty under section 8 or 10, consider the question whether a person’s human rights have been contravened if the Scottish Parliament has legislative competence to enable a person to consider that question.

(4) Subsections (1) and (3) shall not prevent the Commission from taking action with the consent (whether general or specific) of a person if—

(a) the person is established by Act of the Scottish Parliament, and

(b) the person’s principal duties relate to human rights and are similar to any of the Commission’s duties under section 9.

(5) Subsections (1) and (3) shall not prevent the Commission from relying on section 13(1)(f) so as to act jointly or cooperate (but not assist) for a purpose relating to human rights and connected with Scotland.