The Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002

Explanatory Note

(This note is not part of the Order)

The Race Relations (Amendment) Act 2000 substituted a new section 71 into the Race Relations Act 1976. Section 71(1) imposes a general duty on persons specified in Schedule 1A to that Act in carrying out their functions to have due regard to (a) the need to eliminate unlawful discrimination and (b) to promote equality of opportunity and good relations between persons of different racial groups.

Section 71(2) of the 1976 Act empowers the Secretary of State to impose by order specific duties on persons falling within Schedule 1A for the purpose of ensuring the better performance of the general duty under section 71(1) of the Act.

Section 71B(1) of the 1976 Act declares that Section 71(2) to (4) are to be taken to be pre-commencement enactments for the purposes of the Scotland Act 1998. Accordingly the Order making power is exercisable by the Scottish Ministers within devolved competence in terms of section 53 of the Scotland Act.

An Order (S.I. 2001/3458) has already been made by the Secretary of State under section 71(2) imposing specific duties on bodies specified in Schedule 1A to the 1976 Act other than those where the imposition of the duties lies within the devolved competence of the Scottish Ministers i.e. Scottish public authorities with mixed functions or no reserved functions within the meaning of section L.2 of Part II of Schedule 5 to the Scotland Act 1998 and cross border public authorities in relation to the exercise of their Scottish functions. This order imposes specific duties which correspond to those in the English Order on such bodies.

Article 2 of the Order imposes on a person specified in Schedule 1 to the Order a duty to publish, by 30th November 2002, a Race Equality Scheme, that is a Scheme showing how it intends to fulfil the general duty and its duties under this Order.

Article 3 of the Order imposes on an educational body referred to in Part I or II of Schedule 2 duties to prepare, by 30th November 2002, a statement of its race equality policy, to have arrangements in place for fulfilling duties to assess and monitor the impact of its policies on different racial groups, and to fulfil those duties in accordance with such arrangements.

Article 4 of the Order imposes on a body referred to in Parts I, III and IV of that Schedule a duty to have in place arrangements for fulfilling duties to monitor, by reference to racial groups, various aspects of education and employment at educational establishments, and to fulfil those duties in accordance with such arrangements.

Article 5 of the Order imposes a duty on bodies or other persons specified in Schedule 1A to the 1976 Act which are Scottish public authorities with mixed functions or no reserved functions or cross border public authorities in relation to the exercise of their Scottish functions. The duty is to have in place, by 30th November 2002, arrangements for fulfilling duties to monitor, by reference to racial groups, various aspects of employment by those bodies, and to fulfil those duties in accordance with such arrangements. Article 5(5) excepts certain bodies in Schedule 1A to the 1976 Act from the duty. These bodies are education authorities but only in respect of staff employed in schools under their management and other bodies specified in Parts I and II of Schedule 2 to the Order. These bodies are subject to monitoring duties under Article 3 of the Order. In addition the bodies listed in Schedule 3 to the Order are excepted from the duty.