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).