PART 4Other legislative competence
I138Public sector duty regarding socio-economic inequalities
1
Part 1 of the Equality Act 2010 (socio-economic inequalities) is amended as follows.
2
Section 1 (public sector duty) is amended as follows.
3
In subsection (2) for “by a Minister of the Crown” substitute “
in accordance with subsection (2A)
”
.
4
After subsection (2) insert—
2A
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.
5
Section 2 (power to amend section 1) is amended as follows.
6
In subsections (7) and (9) omit “the Scottish Ministers or”.
7
In subsection (10) for “the Ministers” substitute “
the Welsh Ministers
”
.
8
In subsection (11) for “section” substitute “
Part
”
.
9
In section 216 of that Act (commencement) at the beginning of subsection (3) insert “
Subject to subsection (4),
”
and after that subsection insert—
4
The following provisions of Part 1 (socio-economic inequalities) come into force on such day as the Scottish Ministers may by order appoint—
a
section 1, so far as it applies to a relevant authority as defined by section 2(5);
b
section 2, so far as it confers a power on the Scottish Ministers;
c
section 3, for the purposes of section 1 to the extent mentioned in paragraph (a).
5
The following do not apply to an order under subsection (4)—
a
section 207(2) (see instead section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: powers exercisable by Scottish statutory instrument), and
b
section 210.
10
In the Interpretation and Legislative Reform (Scotland) Act 2010, in section 30(4) (other instruments laid before the Parliament: exceptions) after paragraph (i) insert—
j
section 216(4) of the Equality Act 2010 (c.15).