Scottish Statutory Instruments

2020 No. 313

Equal Opportunities

The Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2020

Made

1st October 2020

Coming into force

1st December 2020

The Scottish Ministers make the following Order in exercise of the powers conferred by section 151(3) of the Equality Act 2010(1) and all other powers enabling them to do so.

In accordance with section 152(3) of that Act(2), the Scottish Ministers have consulted the Commission for Equality and Human Rights.

In accordance with section 210(2) of that Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  This Order may be cited as the Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2020 and comes into force on 1 December 2020.

Amendment of schedule 19 of the Equality Act 2010

2.  In Part 3 of schedule 19 of the Equality Act 2010 (public authorities: relevant Scottish authorities)(3), at the end insert-

"Other office added on 1st December 2020

Scottish Biometrics Commissioner(4).".

H YOUSAF

A member of the Scottish Government

St Andrew's House,

Edinburgh

1st October 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order adds the Scottish Biometrics Commissioner to the list of Scottish public authorities in Part 3 of schedule 19 of the Equality Act 2010 ("the Act"). The public authorities listed in that Part are subject to the public sector equality duty in section 149 of the Act.

The public sector equality duty is to have regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited under the Act, to advance equality of opportunity and to foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

(1)

2010 c.15.

(2)

Section 152(3) was amended by section 37(7) of the Scotland Act 2016 (c.11).

(3)

Part 3 of schedule 19 has been relevantly amended by S.S.I. 2018/214.

(4)

The office of Scottish Biometrics Commissioner is established by section 1 of the Scottish Biometrics Commissioner Act 2020 (asp 8).