Equality Act 2010 overview

2010 c. 15

Part 1— Socio-economic inequalities

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Sections 1–3

Section 1— Public sector duty regarding socio-economic inequalities

  1. 1.

    An authority to which this section applies must, when making decisions of a strategic nature about how to exercise its functions, have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage.

  2. 2.

    In deciding how to fulfil a duty to which it is subject under subsection (1), an authority must take into account any guidance issued in accordance with subsection (2A).

  3. 2A.

    The guidance to be taken into account under subsection (2) is—

    1. (a)

      in the case of a duty imposed on an authority in relation to devolved Scottish functions, guidance issued by the Scottish Ministers;

    2. (aa)

      in the case of a duty imposed on an authority in relation to devolved Welsh functions, guidance issued by the Welsh Ministers;

    3. (b)

      in any other case, guidance issued by a Minister of the Crown.

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  5. 3.

    The authorities to which this section applies are—

    1. (a)

      the Scottish Ministers;

    2. (b)

      Food Standards Scotland;

    3. (c)

      Keeper of the Registers of Scotland;

    4. (d)

      National Records of Scotland;

    5. (e)

      Revenue Scotland;

    6. (f)

      Scottish Courts and Tribunals Service;

    7. (g)

      a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

    8. (h)

      an integration joint board established under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014;

    9. (i)

      a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978;

    10. (j)

      a Special Health Board constituted under section 2(1)(b) of that Act;

    11. (k)

      Scottish Police Authority;

    12. (l)

      Highlands and Islands Enterprise;

    13. (m)

      Scottish Enterprise.

    14. (n)

      Scottish National Investment Bank p.l.c.;

    15. (o)

      South of Scotland Enterprise.

  6. 3A.

    This section also applies to the following authorities—

    1. (a)

      the Welsh Ministers;

    2. (b)

      a county council or county borough council in Wales;

    3. (ba)

      a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;

    4. (c)

      a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

    5. (d)

      an NHS Trust established under section 18 of the National Health Service (Wales) Act 2006;

    6. (e)

      a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 other than a cross-border Special Health Authority (within the meaning of section 8A(5) of the National Health Service (Wales) Act 2006);

    7. (f)

      a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales;

    8. (g)

      a National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales;

    9. (h)

      the Welsh Revenue Authority or Awdurdod Cyllid Cymru.

  7. 4.

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  8. 5.

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  9. 6.

    The reference to inequalities in subsection (1) does not include any inequalities experienced by a person as a result of being a person subject to immigration control within the meaning given by section 115(9) of the Immigration and Asylum Act 1999.

Section 2— Power to amend section 1

  1. 1.

    A Minister of the Crown may by regulations amend section 1 so as to—

    1. (a)

      add a public authority to the authorities that are subject to the duty under subsection (1) of that section;

    2. (b)

      remove an authority from those that are subject to the duty;

    3. (c)

      make the duty apply, in the case of a particular authority, only in relation to certain functions that it has;

    4. (d)

      in the case of an authority to which the application of the duty is already restricted to certain functions, remove or alter the restriction.

  2. 2.

    In subsection (1) “public authority” means an authority that has functions of a public nature.

  3. 3.

    Provision made under subsection (1) may not impose a duty on an authority in relation to any devolved Scottish functions or devolved Welsh functions.

  4. 4.

    The Scottish Ministers or the Welsh Ministers may by regulations amend section 1 so as to—

    1. (a)

      add a relevant authority to the authorities that are subject to the duty under subsection (1) of that section;

    2. (b)

      remove a relevant authority from those that are subject to the duty;

    3. (c)

      make the duty apply, in the case of a particular relevant authority, only in relation to certain functions that it has;

    4. (d)

      in the case of a relevant authority to which the application of the duty is already restricted to certain functions, remove or alter the restriction.

  5. 5.

    For the purposes of the power conferred by subsection (4) on the Scottish Ministers, “relevant authority” means an authority whose functions—

    1. (a)

      are exercisable only in or as regards Scotland,

    2. (b)

      are wholly or mainly devolved Scottish functions, and

    3. (c)

      correspond or are similar to those of an authority for the time being specified in section 1(3).

  6. 6.

    For the purposes of the power conferred by subsection (4) on the Welsh Ministers, “relevant authority” means a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006) whose functions correspond or are similar to those of an authority for the time being specified in subsection (3) of section 1 or referred to in subsection (4) of that section.

  7. 7.

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  8. 8.

    Regulations under this section may make any amendments of section 1 that appear to the Minister or Ministers to be necessary or expedient in consequence of provision made under subsection (1) or (as the case may be) subsection (4).

  9. 9.

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  10. 10.

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  11. 11.

    For the purposes of this Part—

    1. (a)

      a function is a devolved Scottish function if it is exercisable in or as regards Scotland and it does not relate to reserved matters (within the meaning of the Scotland Act 1998);

    2. (b)

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Section 3— Enforcement

A failure in respect of a performance of a duty under section 1 does not confer a cause of action at private law.