Ayrshire

1. Race Equality

The Race Relations Act 1976 (as amended) and supporting regulations place both a general duty and a specific duty upon the Board.

2.1.1 The General Duty

The general duty requires the Board to actively promote racial equality. This means that the Board has a general duty, when carrying out its functions, to have due regard to the need to:

2.1.2 The Specific Duty

In addition to the general duty, the Board has a specific duty to publish a Race Equality Scheme, which must show how it intends to fulfil the general duty and include a statement of:

• Assessing and consulting on the likely impact of its policies on the promotion of race equality.

• Monitoring its policies for any adverse effect on the promotion of race equality.

• Publishing the results of such assessments and consultation.

• Ensuring public access to information and services it provides.

• Training staff in connection with the race relations duties.

The Board must also monitor the number of staff in post and applicants for employment, training and promotion from each racial group.

The Board is required to review its Race Equality Scheme at three yearly intervals.

1. Disability Equality

The Disability Discrimination Act 2005

The Disability Discrimination Act 2005 (as amended) and supporting regulations place both a general duty and a specific duty upon the Board.

2.2.1 The General Duty

The general duty requires the Board to actively promote disabled equality. This means that the Board has a general duty, when carrying out its functions, to have due regard to the need to:

2.2.2 The Specific Duty

In addition to the general duty, the Board has a specific duty to publish this Disability Equality Scheme, which must show how it intends to fulfil the general duty and include a statement of:

The Board must publish an annual report summarising the steps that it has taken to fulfil its disability equality duty, the results of the information gathering which has been carried out and the actions it has taken as a result of that information. In addition the Board must review the Disability Equality Scheme at three yearly intervals.

1. Gender Equality

The Gender Equality Act 2006 significantly amended the Sex Discrimination Act 1975 and, together with the supporting regulations, these place both a general duty and a specific duty upon the Board.

2.3.1 The General Duty

The general duty requires the Board to actively promote gender equality. This means that the Board has a general duty, when carrying out its functions, to have due regard to the need to:

2.3.2 The Specific Duty

In addition to the general duty, the Board has a specific duty to prepare and to publish a Gender Equality Scheme, which must show how it intends to fulfil the general duty and set out:-

• Gather information on the effect of its policies and practices on men and on women and, in particular, the extent to which they promote equality between male and female staff and the extent to which the services it provides and the functions it performs take account of the needs of men and women.

• Make use of such information to assist in the performance of the general duty and to regularly review the effectiveness of the actions identified and its arrangements for the preparation of subsequent schemes.

• Assess the impact of its policies and practices on equality between men and women and to have due regard to the results of such assessments of impact.

• Consult relevant staff, service users and others.

• Achieve fulfilment of the objectives.

The Board must also publish an annual report summarising the steps that it has taken to fulfil its gender equality duty. In addition the Board must review the Scheme and publish a revised Scheme no later than three years after the publication of this Scheme and continue to review and publish a new Scheme at intervals of no greater than 3 years.

2.4 The Equality Act 2010

The Equality Act 2010 brings together and amends the above legislation and extends it to cover additional areas of equality. The Act will come into effect in stages with the first being effective from 1 October 2010.

The principal aim of the Act is to replace the above protection for race, disability and gender equality with nine “protected characteristics” which include, age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Under the Act it is an offence to directly or indirectly discriminate against, harass or victimise a person because they have one or more protected characteristic, or because they are associated with someone who has a protected characteristic.

Public Authorities, including the Board must, in the exercise of their functions, have due regard to the need to eliminate discrimination, harassment, victimisation, to advance equality of opportunity between persons who share a protected characteristic and persons who do not share it and to foster good relations between persons who share a protected characteristic and those who do not.

The Equality Act also introduces an additional public sector duty. This requires the Board, in common with other public authorities, to have due regard to the need to exercise its functions in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage.

The Act makes provisions for the Scottish Government to impose specific duties on public authorities including the Board. At the current time the Scottish Government is consulting upon the nature of these specific duties.