Who Is Covered by the Specific Duties (Scotland)

Who is covered by the specific duties (Scotland)

Equality and Human Rights Commission

Public Authorities in Scotland – Who is covered by the Specific Duties?

September2016

Contents

Aim of this guide

Who the general equality duty applies to

Where to get further information on the duties

Key Legislation and Regulations

How this guide works

Note about dates – Schedule of timescales

Use of member information duty - diversity of boards

Who is covered by the Specific Duties?

A list of all public authorities named in alphabetical order

Appendices

Appendix 1 - Further and Higher Education

Appendix 2- Education Authorities

Appendix 3 - Grant Aided Schools

Appendix 4 - Police and Fire Authorities

Appendix 5 – Community Justice Authorities (Chief Officers of)

Appendix 6 – Councils

Appendix 7 – Integration Joint Boards (Health and Social Care Partnerships)

Appendix 8 - Licensing Boards

Appendix 9 - Health Boards (including Special Health Boards)

Appendix 10 - Joint Boards

Appendix 11 -Transport Partnerships

Scottish Government Executive Agenciesnot separately named in regulations.

Schedule of timescales when specific duties apply to particular authorities

Aim of this guide

This guide aims to provide, in one place, a list of all the public authorities in Scotland who are covered not only by the general public sector equality duty under the Equality Act 2010, but also by the specific duties in Scotland. [Authorities which are covered by the general duty but not by the specific duties, are not listed.]

These duties arise under section 149 of the Equality Act 2010, and specific duties which are imposed by The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012. The Regulations list certain types of public authority covered by the specific duties but do not name each authority. This guide names all the individual public authorities covered by the specific duties in Scotland.

This guide is not an authoritative statement of the law. It is not intended as a substitute for taking appropriate advice on the question of which public authorities are covered by the Public Sector Equality Duty.

The Regulations have been amended since 2012 to revise the list of authorities covered by the specific duties. This guide refers to the regulations as amended, as at April 2016.

Check our website to see if it has been replaced by a more recent version.

Who the general equality duty applies to

The general equality duty covers all public authorities named in Schedule 19 – Part 3 of the Equality Act 2010 (as amended).

Most public authorities specified in Schedule 19 are covered by the general equality duty in relation to all of their functions. A small number of public authorities are listed as being covered by the general equality duty only in relation to certain functions. Schedule 19 makes clear who these authorities are.

Authorities carrying out public functions: The general equality duty also applies to any other organisation which exercises a public function. This includes private authorities or voluntary organisations which are carrying out public functions.

The Equality Act defines a public function as a function of a public nature for the purposes of the Human Rights Act 1998. An example of this would be a private company running a prison on behalf of the government. The company would, however, only be covered by the general equality duty with regard to its public functions, but not for other work, like providing security services for a supermarket.

Where to get further information on the duties

The Commission has produced Technical Guidance on the Public Sector Equality Duty Scotland which outlines the requirements of the Equality Act 2010 and the specific duty regulations. The guidance provides an authoritative, comprehensive and technical guide to the detail of the law. This is accompanied by a series of seven detailednon statutory guidancedocumentsoffering practical advice. ThisNon-statutory Guidance provides further details of what each of the particular specific duties require listed public authorities to do:

Essential guide to the public sector equality duty
Equality outcomes and the public sector equality duty
Evidence and the public sector equality duty
Involvement and the public sector equality duty
Assessing impact and the public sector equality duty
Mainstreaming the equality duty
Employee information and the public sector equality duty
Board Diversity and the public sector equality duty

Key Legislation and Regulations

The Equality Act 2010

The Equality Act 2010 (Specification of Public Authorities) (Scotland) Regulations 2012

The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012

The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2015

The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2015

The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2016

How this guide works

The first section provides a complete list of which public authorities are covered by the Specific Duties in alphabetical order.

The second section provides appendices which group together public authorities, those which can be easily grouped, to make it easier to find whether an authority in a particular sector is covered. This means that not every public authority in the alphabetical list will appear in the appendices. The appendices are listed in the Contents.

The second section also includes the details of Scottish Government Executive Agencies on page 25. These are not separately named in the Regulations (they fall under the Scottish Ministers listing) and so are NOT included in the alphabetical list.

Note about dates – Schedule of timescales

The majority of listed authorities started their reporting in 2013 and publish every 2 years or 4 years depending on the particular specific duty.

Further authorities have been added by amendment to the regulations, so some authorities report on different timescales.

In the alphabetical list, the symbols  and  have been used to indicate those authorities which have a different timescale. The timescales are explained in the Schedule at the end of this leaflet.

Use of member information duty - diversity of boards

The Equality Act 2010 (Specific Duties) (Amendment) Regulations 2016 introduced a new duty on relevant listed authorities in relation to the publication of members information. This duty is intended to improve diversity of boards. Further details of the duty are available in our non-statutory guidanceBoard Diversity and the public sector equality duty.

Authorities covered by these duties are marked in purple.

Who is covered by the Specific Duties?

A list of all public authorities named in alphabetical order

Aberdeen City Council

Aberdeen City Integration Joint Board

Aberdeen City Education Authority

Aberdeen City Licensing Board

Aberdeenshire Central Licensing Board

Aberdeenshire Council

Aberdeenshire Integration Joint Board 

Aberdeenshire Education Authority

Aberdeenshire North Licensing Board

Aberdeenshire South Licensing Board

Accounts Commission for Scotland

Angus Council

Angus Health and Social Care Partnership 

Angus Education Authority

Angus Licensing Board

Argyll and Bute Council

Argyll and Bute Integration Joint Board 

Argyll and Bute Education Authority

Argyll and Bute Licensing Board

Audit Scotland

Ayrshire College

Ayrshire Valuation Joint Board

Bòrd na Gáidhlig

Borders College

Cairngorms National Park

Care Inspectorate

Central Scotland Valuation Joint Board

Children's Hearings Scotland 

City of Edinburgh Council

City of Edinburgh Education Authority

City of Edinburgh Licensing Board

City of Glasgow College

City of Glasgow Licensing Board

Clackmannanshire Council

Clackmannanshire Health and Social Care Partnership 

Clackmannanshire Education Authority

Clackmannanshire Licensing Board

Comhairle nan Eilean Siar

Comhairle nan Eilean Siar Health and Social Care Partnership 

Commissioner for Children and Young People in Scotland

Corseford School

Craighalbert School

Creative Scotland

Donaldson’s School (The Donaldson Trust)

Dumfries & Galloway: Annandale and Eskdale Divisional Licensing Board

Dumfries and Galloway College

Dumfries and Galloway Council

Dumfries and Galloway Health and Social Care Partnership

Dumfries and Galloway Education Authority

Dumfries & Galloway: Nithsdale Divisional Licensing Board

Dumfries & Galloway: Stewartry Divisional Licensing Board

Dumfries & Galloway: Wigtown Divisional Licensing Board

Dunbartonshire and Argyll and Bute Valuation Joint Board

Dundee and Angus College

Dundee City Council

Dundee Health and Social Care Partnership 

Dundee City Education Authority

Dundee City Licensing Board

East Ayrshire Council

East Ayrshire Health and Social Care Partnership 

East Ayrshire Education Authority

East Ayrshire Licensing Board

East Dunbartonshire Council

East Dunbartonshire Health and Social Care Partnership 

East Dunbartonshire Education Authority

East Dunbartonshire Licensing Board

East Lothian Council

East Lothian Health and Social Care Partnership 

East Lothian Education Authority

East Lothian Licensing Board

East Park School

East Renfrewshire Council

East Renfrewshire Health and Social Care Partnership 

East Renfrewshire Education Authority

East Renfrewshire Licensing Board

Edinburgh Health and Social Care Partnership 

Edinburgh Napier University

Edinburgh College

Falkirk Council

Falkirk Health and Social Care Partnership 

Falkirk Council Licensing Board

Falkirk Education Authority

Fife and Forth Valley Community Justice Authority (Chief Officer of)

Fife College

Fife Council

Fife Health and Social Care Partnership 

Fife Education Authority

Fife Licensing Board

Food Standards Scotland

Forth Estuary Transport Authority 

Forth Valley College of Further and Higher Education

Glasgow Caledonian University

Glasgow City Council

Glasgow City Health and Social Care Partnership 

Glasgow City Education Authority

Glasgow Clyde College

Glasgow Colleges’ Regional Board 

Glasgow Community Justice Authority (Chief Officer of)

Glasgow Kelvin College

Glasgow School of Art

Grampian Valuation Joint Board

Harmeny School

Healthcare Improvement Scotland

Heriot-Watt University

Highland Council

Highland Education Authority

Highland Licensing Board

Highlands and Islands Enterprise

Highlands and Islands Transport Partnership (HITRANS)

Highlands and Western Isles Valuation Joint Board

Historic Environment Scotland

Inverclyde Council

Inverclyde Health and Social Care Partnership 

Inverclyde Education Authority

Inverclyde Council Licensing Board

Inverness College

Jordanhill School

The Keeper of the Records of Scotland

The Keeper of the Registers of Scotland

Lanarkshire Community Justice Authority (Chief Officer of)

Lanarkshire Valuation Joint Board

Lews Castle College

Loch Lomond and the Trossachs National Park

Lothian and Borders Community Justice Authority (Chief Officer of)

Lothian Valuation Joint Board

The Mental Welfare Commission for Scotland

Midlothian Council

Midlothian Health and Social Care Partnership 

Midlothian Education Authority

Midlothian Licensing Board

Moray College

Moray Council

Moray Community Health and Social Care Partnership 

Moray Education Authority

Moray Licensing Board

The National Galleries of Scotland (Board of Trustees of)

NHS 24

NHS Ayrshire and Arran

NHS Borders

NHS Dumfries and Galloway

NHS Education for Scotland

NHS Fife

NHS Forth Valley

NHS Grampian

NHS Greater Glasgow and Clyde

NHS Health Scotland

NHS Highland

NHS Lanarkshire

NHS Lothian

NHS National Services Scotland

NHS National Waiting Times Centre

NHS Orkney

NHS Shetland

NHS Tayside

NHS Western Isles

Na h-Eileanan an Iar Health and Social Care Partnership

The National Library of Scotland

The National Museums of Scotland (Board of Trustees of)

New College Lanarkshire

Newbattle Abbey College

North Ayrshire Council

North Ayrshire Health and Social Care Partnership 

North Ayrshire Education Authority

North Ayrshire Licensing Board

North East Scotland College

The North Highland College

North Lanarkshire Council

North Lanarkshire Health and Social Care Partnership 

North Lanarkshire Education Authority

North Lanarkshire Licensing Board

North-East of Scotland Transport Partnership (NESTRANS)

North Strathclyde Community Justice Authority (Chief Officer of)

Northern Community Justice Authority (Chief Officer of)

Orkney and Shetland Valuation Joint Board

Orkney College

Orkney Islands Area Licensing Board

Orkney Islands Council

Orkney Health and Care Partnership 

Orkney Islands Education Authority

Perth and Kinross Council

Perth and Kinross Health and Social Care Partnership 

Perth and Kinross Education Authority

Perth and Kinross Licensing Board

Perth College

Police Scotland (Chief Constable of)

Queen Margaret University, Edinburgh

The Registrar General of Births, Deaths and Marriages

Renfrewshire Council

Renfrewshire Health and Social Care Partnership 

Renfrewshire Education Authority

Renfrewshire Licensing Board

Renfrewshire Valuation Joint Board

Revenue Scotland 

Robert Gordon University

Royal Blind School

Royal Conservatoire of Scotland

Sabhal Mòr Ostaig

Scotland’s Rural College

Scottish Ambulance Service

Scottish Borders Council

Scottish Borders Health and Social Care Partnership 

Scottish Borders Education Authority

Scottish Borders Licensing Board

The Scottish Children’s Reporter Administration

Scottish Courts and Tribunals Service

The Scottish Criminal Cases Review Commission

Scottish Enterprise

Scottish Environment Protection Agency

Scottish Fire and Rescue Service

Scottish Fire and Rescue Service (Chief Officer of)

Scottish Funding Council

The Scottish Legal Aid Board

Scottish Ministers (see note on page 25)

Scottish Natural Heritage

Scottish Police Authority

Scottish Qualifications Authority

The Scottish Social Services Council

Scottish Water

Shetland College

Shetland Islands Council

Shetland Islands Health and Social Care Partnership 

Shetland Islands Education Authority

Shetland Islands Area Licensing Board

Shetland Transport Partnership (ZetTrans)

Skills Development Scotland

South Ayrshire Council

South Ayrshire Health and Social Care Partnership 

South Ayrshire Education Authority

South Ayrshire Licensing Board

South Lanarkshire College

South Lanarkshire Council

South Lanarkshire Health and Social Care Partnership 

South Lanarkshire Education Authority

South Lanarkshire Licensing Division No. 1 (Clydesdale) Board

South Lanarkshire Licensing Division No. 2 (East Kilbride) Board

South Lanarkshire Licensing Division No. 3 (Hamilton) Board

South Lanarkshire Licensing Division No 4 (Rutherglen and Cambuslang) Board

South West Scotland Community Justice Authority (Chief Officer of)

South-East of Scotland Transport Partnership (SESTRAN)

South-West of Scotland Transport Partnership (Swestrans)

Sportscotland (Scottish Sports Council)

Stanmore House School

The State Hospitals Board for Scotland

Stirling Council

Stirling Health and Social Care Partnership 

Stirling Education Authority

Stirling Licensing Board

Strathclyde Partnership for Transport (SPT)

Tay Road Bridge Joint Board

Tayside and Central Scotland Transport Partnership (TACTRAN)

Tayside Community Justice Authority (Chief Officer of)

Tayside Valuation Joint Board

University of Aberdeen

University of Abertay, Dundee

University of Dundee

University of Edinburgh

University of Glasgow

University of the Highlands and Islands

University of St Andrews

University of Stirling

University of Strathclyde

University of the West of Scotland

VisitScotland

West College Scotland

West Dunbartonshire Council

West Dunbartonshire Health and Social Care Partnership 

West Dunbartonshire Education Authority

West Dunbartonshire Licensing Board

West Highland College

West Lothian College

West Lothian Council

West Lothian Health and Social Care Partnership 

West Lothian Education Authority

West Lothian Licensing Board

Western Isles Education Authority

Western Isles Licensing Board