The Sex Discrimination (Public Authorities) (Statutory Duties) (Scotland) Order 2007

Explanatory Note

(This note is not part of the Order)

This Order imposes specific duties on the Scottish public bodies and authorities listed in the Schedule to the Order (“listed authorities”). The Order is made under section 76C(3) of the Sex Discrimination Act 1975 (“the 1975 Act”) (as inserted by section 85 of the Equality Act 2006). The purpose of the specific duties is to ensure better performance by listed authorities of their duty to have due regard to the need to eliminate unlawful discrimination and harassment, and to promote equality of opportunity between men and women in carrying out their functions under section 76A(1) of the 1975 Act.

Article 2 requires a listed authority to prepare and publish a Gender Equality Scheme (a “Scheme”) by 29th June 2007. This article also prescribes the various components of such a Scheme, the consultation requirements in preparing a Scheme, and the information to be taken into account.

Article 3 requires a listed authority to implement certain components of each Scheme it has published pursuant to Article 2 or Article 4. It should do this within 3 years beginning with the date on which it published the relevant Scheme.

Article 4 requires a listed authority to prepare and publish a revised Scheme within 3 years after the publication of the first Scheme, at the latest, and to continue to publish a revised Scheme every 3 years.

Article 5 requires a listed authority to report annually on the actions taken to meet the overall objectives in its Scheme. These reports can be published as part of another document.

Article 6 requires a listed authority with at least 150 full time staff (as defined in Article 1(2)) to publish, by 28th September 2007, an equal pay statement which states the authority’s policy on equal pay between men and women.

Article 7 requires a listed authority to review its equal pay statement and publish a report on their equal pay policy within 3 years after the publication of the first equal pay statement, and at subsequent intervals of not more than 3 years.

Article 8 provides that a listed authority’s Scheme or equal pay statement can be published as part of one or more other documents.

Article 9 requires the Scottish Ministers to publish a report setting out the priority areas across the functions and activities of relevant Scottish authorities that they have identified for the advancement of equality of opportunity between men and women, and provide a summary of progress in those priority areas. The first report should be published no later than 1st July 2010, with subsequent reports no later than the end of each successive 3 year period after 1st July 2010.

Article 10 requires each listed body that is responsible for management of schools to gather information on the effect of its policies, to the extent to which they promote equality between male and female pupils, to assess the impact of its policies and practices on equality between male and female pupils, and to provide an annual report on these matters.

The regulatory impact of this Order has been assessed and a Regulatory Impact Assessment is available from the Scottish Parliament Information Centre, Scottish Parliament, EH99 1SP.