Gender representation objective
1
1
The “gender representation objective” for a public board is that it has 50% of non-executive members who are women.
2
Where a public board has an odd number of non-executive members, the percentage mentioned in subsection (1) applies as if the board had one fewer non-executive member.

Key definitions
2
In this Act—
- “appointing person” means, in relation to the function of appointing a non-executive member of a public board, a person who has that function,
- “excluded position”, in relation to a public authority, means a position mentioned in the second column of the table in schedule 1 which corresponds with the public authority mentioned in the first column,
- “non-executive member”, in relation to a public authority, means a position on its public board—
  1. that is not an excluded position,
  2. that is not held by an employee of the authority,
- “public authority” means an authority listed, or within a description listed, in the first column of the table in schedule 1,
- “public board” means—
  1. if the public authority is a company, the directors,
  2. if the public authority has a statutory board or other equivalent statutory management body, that board or body,
  3. in relation to any other public authority, the membership of the authority,
...

Duty when appointing non-executive members
3
1
Subsection (2) applies where there is—
a
a vacancy in a position of non-executive member of a public board,
b
more than one candidate for the position,
c
at least one candidate who is a woman, and
d
at least one candidate who is not a woman.
2
The appointing person must, in making the appointment to fill the vacancy, act in accordance with section 4 with a view to achieving (or making progress towards achieving) the gender representation objective immediately after the appointment takes effect.
3
When an appointing person is making more than one appointment—
a
both or all of those appointments must be taken into account in identifying the number of non-executive members, and
b
the appointing person must act with a view to achieving (or making progress towards achieving) the gender representation objective immediately after all of those appointments have taken effect.

Consideration of candidates
4
1
The appointing person must determine whether any particular candidate is best qualified for the appointment.
2
If no particular candidate is best qualified for the appointment, the appointing person must identify candidates it considers are equally qualified.
3
Subject to subsection (4), the appointing person must give preference to a candidate identified under subsection (2) who is a woman if appointing that candidate will result in the board achieving (or making progress towards achieving) the gender representation objective.
4
The appointing person—
a
must consider whether the appointment of a candidate identified under subsection (2) who is not a woman is justified on the basis of a characteristic or situation particular to that candidate, and
b
if so, may give preference to that candidate.
5
In subsection (4), “characteristic” includes a protected characteristic (within the meaning of section 4 of the Equality Act 2010).

Encouragement of applications by women
5
1
An appointing person for a public board must take such steps as it considers appropriate to encourage women to apply to become non-executive members of the public board.
2
A public authority to which a public board relates must take such steps as it considers appropriate to encourage women to apply to become non-executive members of the public board.
3
For the avoidance of doubt, nothing in subsections (1) and (2) prevents an appointing person or a public authority from taking such steps as it considers appropriate to encourage persons with other protected characteristics (within the meaning of section 4 of the Equality Act 2010) to apply to become non-executive members of the public board.

Duty to take steps towards achieving objective
6
1
This section applies whenever the gender representation objective is not achieved in relation to a public board.
2
An appointing person for the public board must, in addition to anything done under sections 3 to 5, take such other steps as it considers appropriate with a view to achieving the gender representation objective by 31 December 2022.
3
The public authority to which the public board relates must, in addition to anything done under section 5(2), take such other steps as it considers appropriate with a view to achieving the gender representation objective by 31 December 2022.

Guidance on operation of Act
7
1
The Scottish Ministers must publish guidance on the operation of this Act.
2
The guidance must in particular cover—
a
an appointing person's functions in—
i
appointing non-executive members under sections 3 and 4,
ii
encouraging applications by women under section 5(1),
iii
taking any steps under section 6(2),
iv
reporting under section 8(4),
b
a public authority's functions in—
i
encouraging applications by women under section 5(2),
ii
taking any steps under section 6(3),
iii
reporting under section 8(5).
3
An appointing person must have regard to the guidance in carrying out its functions under this Act.
4
A public authority must have regard to the guidance in carrying out its functions under this Act.

Reports on operation of Act
8
1
The Scottish Ministers must lay before the Scottish Parliament reports on the operation of this Act in accordance with provision made in regulations under subsection (6).
2
Regulations under subsection (6) must ensure that reports under subsection (1) are laid before the Scottish Parliament at intervals of no more than two years.
3
The Scottish Ministers must publish reports on the carrying out of their functions under sections 3 to 6 in accordance with provision made in regulations under subsection (6).
4
An appointing person (other than the Scottish Ministers) specified in regulations under subsection (6) must publish reports on the carrying out of its functions under sections 3 to 6 in accordance with provision made in regulations under subsection (6).
5
A public authority specified in regulations under subsection (6) must publish reports on the carrying out of its functions under sections 5 and 6 in accordance with provision made in regulations under subsection (6).
6
The Scottish Ministers may by regulations—
a
specify appointing persons for the purposes of subsection (4),
b
specify public authorities for the purposes of subsection (5),
c
make further provision about reports mentioned in subsections (1) to (5).

Power to modify schedule 1
9
The Scottish Ministers may by regulations modify schedule 1 so as to add an entry, vary the description of an entry or remove an entry.

Application of Act to certain public authorities
10
Schedule 2 makes provision about the application of this Act in relation to certain public authorities.

Equality Act 2010
11
1
Sections 158 and 159 of the Equality Act 2010 (positive action) do not apply to any action taken under this Act.
2
Part 5 of the Equality Act 2010 (work) does not prohibit any action taken under this Act.

Regulations
12
1
Regulations under sections 8 and 9 may—
a
include incidental, supplementary, consequential, transitional, transitory or saving provision,
b
make different provision for different purposes.
2
Regulations under section 9 may modify this Act.
3
Regulations under section 8 are subject to the negative procedure.
4
Regulations under section 9 are subject to the affirmative procedure.

Commencement
13
1
This section and section 14 come into force on the day after Royal Assent.
2
The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
3
Regulations under this section may—
a
include transitional, transitory or saving provision,
b
make different provision for different purposes.

Short title
14
The short title of this Act is the Gender Representation on Public Boards (Scotland) Act 2018.
S. 2 in force at 1.12.2018 by S.S.I. 2018/340, reg. 2
S. 7 in force at 1.12.2018 by S.S.I. 2018/340, reg. 2
S. 8 in force at 1.12.2018 by S.S.I. 2018/340, reg. 2
S. 12 in force at 1.12.2018 by S.S.I. 2018/340, reg. 2
S. 1 in force at 29.5.2020 by S.S.I. 2020/119, reg. 2
S. 3 in force at 29.5.2020 by S.S.I. 2020/119, reg. 2
S. 4 in force at 29.5.2020 by S.S.I. 2020/119, reg. 2
S. 5 in force at 29.5.2020 by S.S.I. 2020/119, reg. 2
S. 6 in force at 29.5.2020 by S.S.I. 2020/119, reg. 2
S. 9 in force at 29.5.2020 by S.S.I. 2020/119, reg. 2
S. 10 in force at 29.5.2020 by S.S.I. 2020/119, reg. 2
S. 11 in force at 29.5.2020 by S.S.I. 2020/119, reg. 2
Words in s. 2 repealed (2.8.2024) by Gender Representation on Public Boards (Amendment) (Scotland) Act 2024 (asp 12), ss. 1, 2