Equality Citation and commencement 1 These Regulations may be cited as the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 and come into force on 27th May 2012. Interpretation 2 In these Regulations— “ the Act ” means the Equality Act 2010; “employee” is to be construed in accordance with section 83 of the Act except that it is also to include a constable (including a chief constable) and a police cadet of a police force maintained under section 1 of the Police (Scotland) Act 1967 ; “listed authority” means a public authority listed in regulation 2A(1) , 2B(1) , 2C(1) , 2D(1) , 2E(1), 2F(1) or 2G(1) of or the Schedule to these Regulations ; “relevant protected characteristic” is to be construed in accordance with section 149(7) of the Act; and “the equality duty” means the duty of the listed authority to have, in the exercise of its functions, due regard to the needs mentioned in section 149(1) of the Act. Further listed authorities 2A 1 The following public authorities are, in addition to those listed in regulations 2B(1), 2C(1) , 2D(1) , 2E(1), 2F(1) and 2G(1) and in the Schedule, listed authorities— a Children’s Hearings Scotland; b Food Standards Scotland; c Historic Environment Scotland; d an integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014; e a regional board (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005); f Revenue Scotland. 2 These Regulations apply to the authorities listed in sub-paragraphs (a), (b) and (d) to (f) of paragraph (1) subject to the modifications set out in paragraphs (3) and (4) . 3 In regulation 3(a), for “2013” substitute “2016”. 4 In regulation 4— a in paragraph (1)(a), for “2013” substitute “2016”; and b in paragraph (4)(a), for “2015” substitute “2018”. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 These Regulations apply to Historic Environment Scotland subject to— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b the modifications that— i in each of regulations 3(a) and 4(1)(a) , “2017” is to be substituted for “2013”; and ii in regulation 4(4)(a), “2019” is to be substituted for “2015”. Further listed authority: ILF Scotland 2B 1 ILF Scotland is, in addition to the public authorities listed in regulations 2A(1), 2C(1) , 2D(1) , 2E(1), 2F(1) and 2G(1) and in the schedule, a listed authority. 2 These Regulations apply to ILF Scotland subject to the modifications set out in paragraphs (3) and (4). 3 In regulation 3(a), for “2013” substitute “2020”. 4 In regulation 4— a in paragraph (1)(a), for “2013” substitute “2020”; and b in paragraph (4)(a), for “2015” substitute “2022”. Further listed authority: Scottish National Investment Bank p.l.c. 2C 1 Scottish National Investment Bank p.l.c. is, in addition to the public authorities listed in regulations 2A(1), 2B(1) , 2D(1) , 2E(1), 2F(1) and 2G(1) and in the schedule, a listed authority. 2 These Regulations apply to Scottish National Investment Bank p.l.c. subject to the modifications set out in paragraphs (3) and (4). 3 In regulation 3(a), “2013” is to be read as if it were “2021”. 4 In regulation 4— a in paragraph (1)(a), “2013” is to be read as if it were “2021”; and b in paragraph (4)(a), “2015” is to be read as if it were “2023”. Further listed authority: South of Scotland Enterprise 2D 1 South of Scotland Enterprise is, in addition to the public authorities listed in regulations 2A(1), 2B(1) , 2C(1) , 2E(1), 2F(1) and 2G(1) and in the schedule, a listed authority. 2 These Regulations apply to South of Scotland Enterprise subject to the modifications set out in paragraphs (3) and (4). 3 In regulation 3(a), “2013” is to be read as if it were “2022”. 4 In regulation 4— a in paragraph (1)(a), “2013” is to be read as if it were “2022”; and b in paragraph (4)(a), “2015” is to be read as if it were “2024”. Further listed authority: Environmental Standards Scotland 2E 1 Environmental Standards Scotland is, in addition to the public authorities listed in regulations 2A(1), 2B(1), 2C(1) , 2D(1), 2F(1) and 2G(1) and in the schedule, a listed authority. 2 These Regulations apply to Environmental Standards Scotland subject to the modifications set out in paragraphs (3) and (4). 3 In regulation 3(a), “2013” is to be read as if it were “2023”. 4 In regulation 4— a in paragraph (1)(a), “2013” is to be read as if it were “2023”; and b in paragraph (4)(a), “2015” is to be read as if it were “2025”. Further listed authority: Community Justice Scotland 2F 1 Community Justice Scotland is, in addition to the public authorities listed in regulations 2A(1), 2B(1), 2C(1), 2D(1), 2E(1) and 2G(1) and in the schedule, a listed authority. 2 These Regulations apply to Community Justice Scotland subject to the modifications set out in paragraphs (3) and (4). 3 In regulation 3(a), “2013” is to be read as if it were “2025”. 4 In regulation 4— a in paragraph (1)(a), “2013” is to be read as if it were “2025”, b in paragraph (4)(a), “2015” is to be read as if it were “2027”. Further listed authority: Patient Safety Commissioner for Scotland 2G 1 The Patient Safety Commissioner for Scotland is, in addition to the public authorities listed in regulations 2A(1), 2B(1), 2C(1), 2D(1), 2E(1) and 2F(1) and in the schedule, a listed authority. 2 These Regulations apply to the Patient Safety Commissioner for Scotland subject to the modifications set out in paragraphs (3) and (4). 3 In regulation 3(a), “30th April 2013” is to be read as if it were “30th November 2025”. 4 In regulation 4— a in paragraph (1)(a) “30th April 2013” is to be read as if it were “30th November 2025”, b in paragraph (4)(a) “30th April 2015” is to be read as if it were “30th November 2027”. Duty to report progress on mainstreaming the equality duty 3 A listed authority must publish a report on the progress it has made to make the equality duty integral to the exercise of its functions so as to better perform that duty— a not later than 30th April 2013; and b subsequently, at intervals of not more than 2 years, beginning with the date on which it last published a report under this regulation. Duty to publish equality outcomes and report progress 4 1 A listed authority must publish a set of equality outcomes which it considers will enable it to better perform the equality duty— a not later than 30th April 2013; and b subsequently, at intervals of not more than 4 years, beginning with the date on which it last published a set of equality outcomes under this paragraph. 2 In preparing a set of equality outcomes under paragraph (1), a listed authority must— a take reasonable steps to involve persons who share a relevant protected characteristic and any person who appears to the authority to represent the interests of those persons; and b consider relevant evidence relating to persons who share a relevant protected characteristic. 3 If a set of equality outcomes published by a listed authority does not seek to further the needs mentioned in section 149(1) of the Act in relation to every relevant protected characteristic, the authority must publish its reasons for proceeding in this way. 4 A listed authority must publish a report on the progress made to achieve the equality outcomes published by it under paragraph (1)— a not later than 30th April 2015; and b subsequently, at intervals of not more than 2 years, beginning with the date on which it last published a report under this paragraph. 5 In this regulation, “equality outcome” means a result that the listed authority aims to achieve in order to further one or more of the needs mentioned in section 149(1) of the Act. Duty to assess and review policies and practices 5 1 A listed authority must, where and to the extent necessary to fulfil the equality duty, assess the impact of applying a proposed new or revised policy or practice against the needs mentioned in section 149(1) of the Act. 2 In making the assessment, a listed authority must consider relevant evidence relating to persons who share a relevant protected characteristic (including any received from those persons). 3 A listed authority must, in developing a policy or practice, take account of the results of any assessment made by it under paragraph (1) in respect of that policy or practice. 4 A listed authority must publish, within a reasonable period, the results of any assessment made by it under paragraph (1) in respect of a policy or practice that it decides to apply. 5 A listed authority must make such arrangements as it considers appropriate to review and, where necessary, revise any policy or practice that it applies in the exercise of its functions to ensure that, in exercising those functions, it complies with the equality duty. 6 For the purposes of this regulation, any consideration by a listed authority as to whether or not it is necessary to assess the impact of applying a proposed new or revised policy or practice under paragraph (1) is not to be treated as an assessment of its impact. Duty to gather and use employee information 6 1 A listed authority must take steps to gather information on— a the composition of the authority’s employees (if any); and b the recruitment, development and retention of persons as employees of the authority, with respect to, in each year, the number and relevant protected characteristics of such persons. 2 The authority must use this information to better perform the equality duty. 3 A report published by the listed authority in accordance with regulation 3 must include— a an annual breakdown of information gathered by it in accordance with paragraph (1) which has not been published previously in such a report; and b details of the progress that the authority has made in gathering and using that information to enable it to better perform the equality duty. Use of member information 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to publish gender pay gap information 7 1 A listed authority must , in accordance with regulation 8A, publish information on the percentage difference among its employees between men’s average hourly pay (excluding overtime) and women’s average hourly pay (excluding overtime). 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The information published must be based on the most recent data available for a date when the authority had at least 20 employees. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to publish statements on equal pay, etc. 8 1 A listed authority must , in accordance with regulation 8A, publish a statement containing the information specified in paragraph (2) ... 2 The statement must specify— a the authority’s policy on equal pay among its employees between— i men and women; ii persons who are disabled and persons who are not; and iii persons who fall into a minority racial group and persons who do not; and b occupational segregation among its employees, being the concentration of— i men and women; ii persons who are disabled and persons who are not; and iii persons who fall into a minority racial group and persons who do not, in particular grades and in particular occupations. 3 The information published must be based on the most recent data available for a date when the authority had at least 20 employees. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Paragraphs (2)(a)(ii) and (iii) and (2)(b)(ii) and (iii) apply only in relation to the second and subsequent statements published by a listed authority under this regulation . 6 In paragraph (2), “racial group” is to be construed in accordance with section 9 of the Act. 7 The Scottish Ministers must review from time to time whether the matters specified in paragraph (2) ... should be amended. Publication under regulations 7 and 8 8A 1 Publication under regulations 7(1) and 8(1) is to take place no later than— a 30th April 2016 in the case of Food Standards Scotland; b 30th April 2017 in the case of Historic Environment Scotland or an authority listed in the Schedule; c 30th April 2018 in the case of an authority listed in sub-paragraphs (a) and (d) to (f) of regulation 2A(1); d 30th April 2020 in the case of ILF Scotland ; e 30th April 2021 in the case of Scottish National Investment Bank p.l.c. ; f 30th April 2022 in the case of South of Scotland Enterprise ; g 30th April 2023 in the case of Environmental Standards Scotland ; h 30th April 2025 in the case of Community Justice Scotland; i 30th April 2027 in the case of the Patient Safety Commissioner for Scotland. 2 Publication is also to take place— a under regulation 7(1), no later than 30th April in each second year after the year specified in paragraph (1) in relation to the authority in question; b under regulation 8(1), no later than 30th April in each fourth year after the year specified in paragraph (1) in relation to the authority in question. 3 An authority need not effect publication under regulations 7(1) and 8(1) by the end of a relevant period if, during that period, the authority has at no time had 20 or more employees. 4 Each of the following is a “relevant period” for the purposes of paragraph (3)— a in relation to publication under regulation 7(1) by an authority listed in the Schedule, the period from 1st May 2015 to 30th April 2017; b in relation to publication under regulation 8(1) by an authority listed in the Schedule, the period from 1st May 2013 to 30th April 2017; c in relation to publication by Food Standards Scotland, the period from 11th June 2015 to 30th April 2016; d in relation to publication by Historic Environment Scotland, the period from 11th June 2015 to 30th April 2017; e in relation to publication by an authority listed in sub-paragraphs (a) and (d) to (f) of regulation 2A(1), the period from 11th June 2015 to 30th April 2018; ea in relation to publication by ILF Scotland, the period from 1st May 2018 to 30th April 2020; eb in relation to publication by Scottish National Investment Bank p.l.c., the period from 1st May 2019 to 30th April 2021 ; ec in relation to publication by South of Scotland Enterprise, the period from 1st May 2020 to 30th April 2022 ; ed in relation to publication by Environmental Standards Scotland, the period from 1st October 2021 to 30th April 2023; ee in relation to publication by Community Justice Scotland, the period from 1st October 2023 to 30th April 2025; ef in relation to publication by the Patient Safety Commissioner for Scotland, the period from 1st November 2024 to 30th April 2027; f in relation to any listed authority, the period from the day after publication by that authority is due under paragraph (1) (ignoring paragraph (3)) to the day by which publication is next due under paragraph (2); g in relation to any listed authority, the period from the day after publication by that authority is due under paragraph (2) (ignoring paragraph (3)) to the day by which publication is next due under that paragraph. Duty to consider award criteria and conditions in relation to public procurement 9 1 Where a listed authority is a contracting authority and proposes to enter into a relevant agreement on the basis of an offer which is the most economically advantageous, it must have due regard to whether the award criteria should include considerations to enable it to better perform the equality duty. 2 Where a listed authority is a contracting authority and proposes to stipulate conditions relating to the performance of a relevant agreement, it must have due regard to whether the conditions should include considerations to enable it to better perform the equality duty. 3 Nothing in this regulation imposes any requirement on a listed authority where in all the circumstances such a requirement would not be related to and proportionate to the subject matter of the proposed agreement. 4 In this regulation— “contracting authority”, “framework agreement” and “public contract” have the same meaning as in the Public Contracts (Scotland) Regulations 2015 ; and “relevant agreement” means a public contract or a framework agreement that is regulated by the Public Contracts (Scotland) Regulations 2015 . Duty to publish in a manner that is accessible, etc. 10 1 A listed authority must comply with its duty to publish under regulations 3, 4, 7 and 8 in a manner that makes the information published accessible to the public. 2 A listed authority must, so far as practicable, comply with its duty to publish under regulations 3, 4, 7 and 8 by employing an existing means of public performance reporting. Duty to consider other matters 11 In carrying out its duties under these Regulations, a listed authority may be required to consider such matters as may be specified from time to time by the Scottish Ministers. Duty of the Scottish Ministers to publish proposals to enable better performance 12 1 The Scottish Ministers must publish proposals for activity to enable a listed authority to better perform the equality duty— a not later than 31st December 2013; and b subsequently, at intervals of not more than 4 years, beginning with the date on which it last published proposals under this paragraph. 2 The Scottish Ministers must publish a report on progress in relation to the activity— a not later than 31st December 2015; and b subsequently, at intervals of not more than 4 years, beginning with the date on which it last published a report under this paragraph. NIC OLA STURGEON A member of the Scottish Executive St Andrew’s House, Edinburgh 23rd May 2012