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The Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011

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Arrangements for collection etc. of information about compliance with the general duty

7.  (1)  An authority must make such arrangements as it considers appropriate to ensure that, from time to time, it—

(a)identifies relevant information that it holds;

(b)identifies and collects relevant information that it does not hold; and

(c)publishes relevant information that it holds and which it considers appropriate to publish.

For further provision about what the arrangements must contain see also regulation 11(2).

(2) For the purposes of these Regulations an authority holds relevant information if—

(a)it is held by the authority, otherwise than on behalf of another person;

(b)it is held by another person on behalf of the authority; or

(c)it is held by the authority on behalf of another person and—

(i)that person has consented to the authority using the information for the purpose of compliance by the authority with the general duty and the duties under these Regulations; or

(ii)use of the information by the authority for the purpose of compliance by it with those duties meets the conditions in paragraph (3).

(3) The conditions referred to in paragraph (2)(c)(ii) are that the use of the information by the authority—

(a)is not contrary to law; and

(b)is reasonable, having regard to all the circumstances including, in particular, the nature of the information and the circumstances in which it was obtained by the authority.

(4) The identification of relevant information includes identifying such information by means of carrying out an assessment of whether there are—

(a)things done by the authority that contribute to the authority complying (or otherwise) with the general duty; and

(b)things that it could do that would be likely to contribute to compliance by the authority with that duty.

(5) When carrying out an assessment referred to in paragraph (4), the authority must—

(a)comply with the engagement provisions; and

(b)have due regard to relevant information that it holds.

(6) The arrangements referred to in paragraph (1) must ensure that, not later than 2 April 2012, the authority—

(a)carries out an assessment referred to in paragraph (4); and

(b)publishes relevant information that it holds and which it considers appropriate to publish.

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