The Race Relations Act 1976 (General Statutory Duty) Order 2003

Statutory Instruments

2003 No. 3007

THE RACE RELATIONS ACT

The Race Relations Act 1976 (General Statutory Duty) Order 2003

Made

24th November 2003

Laid before Parliament

26th November 2003

Coming into force

31st December 2003

The Secretary of State, in exercise of the powers conferred upon him by section 71(5) of the Race Relations Act 1976(1), considering that the exercise of the power relates to persons who exercise functions of a public nature, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Race Relations Act 1976 (General Statutory Duty) Order 2003 and shall come into force on 31st December 2003.

Amendment of Schedule 1A to the Race Relations Act 1976

2.  Schedule 1A to the Race Relations Act 1976(2) is amended as follows:

(a) in Part I (original categories of bodies and other persons), under the sub-heading “National Health Service: England and Wales”, for the words “A Health Authority established under section 8 of the National Health Service Act 1977” substitute “A Strategic Health Authority”(3);

(b) in Part II—

(i) under the sub-heading “Health”, omit the entry relating to the Council for Professions Supplementary to Medicine;

(ii) under the sub-heading “Education”, in the entry relating to The British Educational Communications and Technology Agency, for the word “Communication” substitute “Communications”, and omit the entry relating to Community Learning Scotland;

(iii) under the sub-heading “Police”, omit the entry relating to the Police Complaints Authority;

(iv) under the sub-heading “Libraries, museums and arts”, omit the entries relating to the Ancient Monuments Board for Scotland and the Historic Buildings Council for Scotland;

(v) under the sub-heading “Public corporations and nationalised industries”, omit the entries relating to the Broadcasting Standards Commission, the Independent Television Commission and the Radio Authority;

(vi) under the sub-heading “Regulatory, audit and inspection”, omit the entry relating to the United Kingdom Central Council for Nursing, Midwifery and Health Visiting;

(vii) under the sub-heading “Research”, omit the entry relating to the Apple and Pear Research Council, and

(viii) under the sub-heading “Other Bodies, Etc.”, at the end of the entry relating to the Consumer Council for Postal Services insert “(“Postwatch”)”, and omit the entries relating to the Commissioner for Local Administration in Scotland, the Horserace Betting Levy Board, the Horserace Totalisator Board, the Local Government Commission for England and the Scottish Conveyancing and Executry Services Board; and

(c) after Part II insert the headings and entries set out in the Schedule to this Order.

Fiona Mactaggart

Parliamentary Under Secretary of State

Home Office

24th November 2003

SCHEDULE

“PART III BODIES AND OTHER PERSONS ADDED ON 31ST DECEMBER 2003

Local Government

• A National Park authority established by a designation order made under section 6 of the National Parks (Scotland) Act 2000.

Health

• The Commission for Patient and Public Involvement in Health.

• The Council for the Regulation of Health Care Professionals.

• The Health Professions Council.

• The Nursing and Midwifery Council.

• The Royal College of Physicians and Surgeons of Glasgow, in respect of its public functions.

• The Royal College of Physicians of Edinburgh, in respect of its public functions.

• The Royal College of Surgeons of Edinburgh, in respect of its public functions.

Education

• The National College of School Leadership.

Police

• The Central Police Training and Development Authority (“CENTREX”).

• The Director-General of the National Crime Squad.

• The Independent Police Complaints Commission.

• A Port Police Force established under an order made under section 14 of the Harbours Act 1964.

• The Port Police Force established under Part X of the Port of London Act 1968.

• A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.

Regulatory, audit and inspection

• The Association of International Accountants, in respect of its public functions.

• The Financial Reporting Review Panel.

• The National Lottery Commission.

• The Scottish Information Commissioner.

• The Scottish Commission for the Regulation of Care.

• The Scottish Social Services Council.

• The Security Industry Authority.

• The Standards Board for England.

Other Bodies etc.

• The Countryside Agency.

• The Historic Environment Advisory Council for Scotland.

• The League for the Exchange of Commonwealth Teachers.

• The Pensions Compensation Board

• The Royal College of Veterinary Surgeons, in respect of its public functions.

• The Royal Commission on Environmental Pollution.

• Scottish Water.

• The Sector Skills Development Agency.

• SITPRO Ltd, in respect of its public functions.

• A Water Customer Consultation Panel established by an order pursuant to section 2(1) of the Water Industry (Scotland) Act 2002.”

Explanatory Note

(This note is not part of the Order)

This Order amends the list of bodies and other persons specified in Schedule 1A to the Race Relations Act 1976 who, by virtue of section 71(1) of the Act, are subject to the general duty to have due regard, when exercising their functions, to the need to eliminate unlawful racial discrimination and to promote equality of opportunity and good relations between persons of different racial groups. The Order amends the names of three bodies which are already listed, removes from the list the other bodies mentioned in article 2 (b), and adds to the list the bodies and other persons specified in the Schedule to the Order, thereby also subjecting those specified bodies and persons to the general duty.

(1)

1976 c. 74; section 71 was substituted by section 2 of the Race Relations (Amendment) Act 2000 (c. 34).

(2)

Schedule 1A was amended by the Race Relations Act 1976 (General Statutory Duty) Order 2001 (S.I. 2001/3450).

(3)

National Health Authorities were re-named Strategic Health Authorities as from 1st October 2002 by regulation 3 of the National Health Service and Healthcare Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469).