The Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006 and shall come into force on 6th April 2007 immediately after section 76A of the Sex Discrimination Act 1975(1).

(2) In this Order—

“listed authority” means a public authority listed in the Schedule to this Order;

“section 76A(1) duty” means the duty of a public authority, under section 76A(1) of the Sex Discrimination Act 1975, in carrying out its functions, to have due regard to the need to eliminate unlawful discrimination and harassment and to promote equality of opportunity between men and women; and

“staff” includes any person treated as an employee for the purposes of Part 2 of the Sex Discrimination Act 1975 (Employment Field).

Preparation and publication of a Gender Equality Scheme

2.—(1) A listed authority shall by 30th April 2007 prepare and publish a Gender Equality Scheme (a “Scheme”), that is a scheme showing how it intends to fulfil its section 76A(1) duty and its duties under this Order.

(2) In preparing a Scheme, a listed authority shall consult its employees, service users and others (including trade unions) who appear to it to have an interest in the way it carries out its functions.

(3) In preparing a Scheme, a listed authority shall take into account any information it has gathered of the kind described in paragraph (6)(a) and any other information it considers to be relevant to the performance of its section 76A(1) duty and its duties under this Order.

(4) A listed authority shall ensure that its Scheme sets out the overall objectives which it has identified as being necessary for it to perform its section 76A(1) duty and its duties under this Order.

(5) A listed authority shall, when formulating its objectives for the purposes of paragraph (4), consider the need to have objectives that address the causes of any differences between the pay of men and women that are related to their sex.

(6) A listed authority shall ensure that its Scheme sets out the actions which it has taken or intends to take to—

(a) gather information on the effect of its policies and practices on men and women and in particular—

(i) the extent to which they promote equality between its male and female staff, and

(ii) the extent to which the services it provides and the functions it performs take account of the needs of men and women;

(b) make use of such information and any other information the authority considers to be relevant, to assist it in the performance of its section 76A(1) duty, its duties under this Order and in particular its regular review of—

(i) the effectiveness of the actions identified for the purposes of sub-paragraph (e), and

(ii) its arrangements for the preparation of subsequent Schemes;

(c) assess the impact of its policies and practices, or the likely impact of its proposed policies and practices, on equality between women and men;

(d) consult relevant employees, service users and others (including trade unions); and

(e) achieve the fulfilment of the objectives set out for the purposes of paragraph (4).

Implementation of the Gender Equality Scheme

3.—(1) A listed authority shall, within the period of three years beginning with the date when a Scheme or a revised Scheme is prepared and published under article 2 or 4, put into effect the actions identified for the purposes of—

(a) article 2(6)(a);

(b) article 2(6)(b); and

(c) article 2(6)(e).

(2) Nothing in this article imposes any requirement on a listed authority where, in all the circumstances, it would be unreasonable or impracticable for it to perform the requirement.

Review of a Gender Equality Scheme

4.  A listed authority shall review its Scheme and prepare and publish a revised Scheme—

(a) not later than the end of the period of three years beginning with the date of publication of its first Scheme; and

(b) subsequently at intervals of not more than three years beginning with the date of publication of the last revision of a Scheme.

Publication of a Gender Equality Scheme as part of another document

5.  A listed authority may comply with the duty to publish under article 2 or 4 by setting out its Scheme as part of another published document or within a number of other published documents.

Annual reporting

6.—(1) A listed authority shall take such steps as are reasonably practicable to publish annually a report summarising the actions that the authority has taken towards the achievement of the objectives identified for the purposes of article 2(4).

(2) Such an authority may comply with the duty to publish under paragraph (1) by setting out its report within another published document.

Signed by authority of the Secretary of State for Communities and Local Government

Meg Munn

Parliamentary Under Secretary of State

Department of Communities and Local Government

7th November 2006