Part 1Socio-economic inequalities
1Public sector duty regarding socio-economic inequalities
I11
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.
I12
In deciding how to fulfil a duty to which it is subject under subsection (1), an authority must take into account any guidance issued F8in accordance with subsection (2A).
I1F72A
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;
F11aa
in the case of a duty imposed on an authority in relation to devolved Welsh functions, guidance issued by the Welsh Ministers;
b
in any other case, guidance issued by a Minister of the Crown.
I1F103
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.
F103
The authorities to which this section applies are—
a
the Scottish Ministers;
b
Food Standards Scotland;
c
Keeper of the Registers of Scotland;
d
National Records of Scotland;
e
Revenue Scotland;
f
Scottish Courts and Tribunals Service;
g
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
h
an integration joint board established under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014;
i
a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978;
j
a Special Health Board constituted under section 2(1)(b) of that Act;
k
Scottish Police Authority;
l
Highlands and Islands Enterprise;
m
Scottish Enterprise.
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F65
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I16
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.
I2I42Power 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 F15a 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.
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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).
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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);
F16b
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I33Enforcement
A failure in respect of a performance of a duty under section 1 does not confer a cause of action at private law.