Part 1Socio-economic inequalities
1Public sector duty regarding socio-economic inequalities
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
In deciding how to fulfil a duty to which it is subject under subsection (1), an authority must take into account any guidance issued F10in accordance with subsection (2A).
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The guidance to be taken into account under subsection (2) is—
a
in the case of a duty imposed on an authority in relation to devolved Scottish functions, guidance issued by the Scottish Ministers;
b
in any other case, guidance issued by a Minister of the Crown.
3
The authorities to which this section applies are—
a
a Minister of the Crown;
b
a government department other than the Security Service, the Secret Intelligence Service or the Government Communications Head-quarters;
c
a county council or district council in England;
d
the Greater London Authority;
e
a London borough council;
f
the Common Council of the City of London in its capacity as a local authority;
g
the Council of the Isles of Scilly;
h
F1a Strategic Health Authority established under section 13 of the National Health Service Act 2006, or continued in existence by virtue of that section;
i
F2a Primary Care Trust established under section 18 of that Act, or continued in existence by virtue of that section;
j
F3a regional development agency established by the Regional Development Agencies Act 1998;
k
a F4police and crime commissioner established for an area in England.
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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.
2Power to amend section 1
1
A Minister of the Crown may by regulations amend section 1 so as to—
a
add a public authority to the authorities that are subject to the duty under subsection (1) of that section;
b
remove an authority from those that are subject to the duty;
c
make the duty apply, in the case of a particular authority, only in relation to certain functions that it has;
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
In subsection (1) “public authority” means an authority that has functions of a public nature.
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
The Scottish Ministers or the Welsh Ministers may by regulations amend section 1 so as to—
a
add a relevant authority to the authorities that are subject to the duty under subsection (1) of that section;
b
remove a relevant authority from those that are subject to the duty;
c
make the duty apply, in the case of a particular relevant authority, only in relation to certain functions that it has;
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
For the purposes of the power conferred by subsection (4) on the Scottish Ministers, “relevant authority” means an authority whose functions—
a
are exercisable only in or as regards Scotland,
b
are wholly or mainly devolved Scottish functions, and
c
correspond or are similar to those of an authority for the time being specified in section 1(3).
6
For the purposes of the power conferred by subsection (4) on the Welsh Ministers, “relevant authority” means an authority whose functions—
a
are exercisable only in or as regards Wales,
b
are wholly or mainly devolved Welsh functions, and
c
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
Before making regulations under this section, F8... the Welsh Ministers must consult a Minister of the Crown.
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
Provision made by F8... the Welsh Ministers in reliance on subsection (8) may, in particular, amend section 1 so as to—
a
confer on the Ministers a power to issue guidance;
b
require a relevant authority to take into account any guidance issued under a power conferred by virtue of paragraph (a);
c
disapply section 1(2) in consequence of the imposition of a requirement by virtue of paragraph (b).
10
Before issuing guidance under a power conferred by virtue of subsection (9)(a), F7the Welsh Ministers must—
a
take into account any guidance issued by a Minister of the Crown under section 1;
b
consult a Minister of the Crown.
11
For the purposes of this F9Part—
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);
b
a function is a devolved Welsh function if it relates to a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, or to a matter within the legislative competence of the National Assembly for Wales.
3Enforcement
A failure in respect of a performance of a duty under section 1 does not confer a cause of action at private law.