Monitoring by Employers

5.—(1) A body or person to which this article applies shall–

(a) before 30th November 2002, have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2); and

(b) fulfil those duties in accordance with such arrangements.

(2) It shall be the duty of such a body or person to monitor, by reference to the racial groups to which they belong–

(a) the numbers of–

(i) staff in post; and

(ii) applicants for employment, training and promotion, from each such group; and

(b) where that body or person has 150 or more full-time staff, the numbers of staff from each such group who–

(i) receive training;

(ii) benefit or suffer detriment as a result of its performance assessment procedures;

(iii) are involved in grievance procedures;

(iv) are the subject of disciplinary procedures; or

(v) cease employment with that person or other body.

(3) Such a body or person shall publish annually the results of its monitoring under paragraph (2).

(4) Except as provided for in paragraph (5), this article applies to a body or person specified in Schedule 1A to the Race Relations Act which is–

(a) a Scottish public authority with mixed functions or no reserved functions; or

(b) a cross-border public authority in relation to the exercise of its Scottish functions.

(5) This article does not apply to–

(a) education authorities but only in respect of staff employed at schools under their management;

(b) any other body or person specified in Part I or II of Schedule 2 to this Order;

(c) a body or person specified in Schedule 3 to this Order to the extent, if any, so specified.