Gender Representation on Public Boards (Scotland) Act 2018 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— that is not an excluded position, 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— if the public authority is a company, the directors, if the public authority has a statutory board or other equivalent statutory management body, that board or body, 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.