Part 1Socio-economic inequalities

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, F1... 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 F1... 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), F2the 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 F3Part

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.