On 8 March the Equality Act 2010 (Statutory Duties) (Scotland) Regulations 2011(which set out the Scottish "Specific" Public Sector Duties) were considered by the Equal Opportunities Committee of the Scottish Parliament. 

Notwithstanding the imminent coming into force of these Regulations (April 6 2011), the Committee refused to approve them as result of which the Government has decided to withdraw them and review them in light of concerns raised at the Committee meeting. It seems therefore that there will be further consultation on the proposed Regulations after the election in May. This means that the Scottish Public Sector will be subject only to the new General Duty until such time as the concerns around the draft Regulations are addressed some months down the line.

In practical terms the only one of the duties in the draft Regulations which would have actually come into force on 6 April would have been Regulation 5 concerning Equality Impact Assessments with the others having a lead in time of a further year. But it does create uncertainty for the Scottish Public Sector which is undesirable and may impact on their ability to plan ahead and ensure smooth implementation of their obligations.  

For further information on the issues raised in this legal update, please contact Jill Bell, Director, Anderson Strathern’s Discrimination Law Service, or your usual contact within the Employment Unit.
 

This bulletin is for general information only and does not constitute legal, investment or other professional advice. Please contact us should you require advice on any particular legal issue. Anderson Strathern LLP accepts no responsibility for any loss that may arise if reliance is placed on any information or opinions expressed in this bulletin.