The Equality Act 2010 (Specific Duties) Regulations 2011

Made: 9th September 2011

Coming into force in accordance with Regulation 1(1)

Citation, commencement and interpretation

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Publication of information

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Equality objectives

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Manner of publication

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SCHEDULE 1

• Armed forcesAny of the armed forces other than any part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

• BroadcastingThe British Broadcasting Corporation (“BBC”), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003[^f00002]); and the reference to the BBC includes a reference to a body corporate which—is a wholly owned subsidiary of the BBC,is not operated with a view to generating a profit, andundertakes activities primarily in order to promote the BBC’s public purposes.The Channel Four Television Corporation, except in respect of—functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003), andthe function of carrying on the activities referred to in section 199 of that Act[^f00003].The Welsh Authority (as defined by section 56(1) of the Broadcasting Act 1990[^f00004]), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003).

• Civil libertiesThe Commission for Equality and Human Rights.The Information Commissioner.

• Court services and legal servicesThe Children and Family Court Advisory and Support Service.The Judicial Appointments Commission.The Legal Services Board.The Legal Services Commission.

• Criminal justiceHer Majesty’s Chief Inspector of Constabulary.Her Majesty’s Chief Inspector of the Crown Prosecution Service.Her Majesty’s Chief Inspector of Prisons.Her Majesty’s Chief Inspector of Probation for England and Wales.The Parole Board for England and Wales.A probation trust established by an order made under section 5(1) of the Offender Management Act 2007[^f00005].The Youth Justice Board for England and Wales.

• Environment, housing and developmentThe Environment Agency.The Homes and Communities Agency.Natural England.The Office for Tenants and Social Landlords....

• Health, social care and social securityThe Care Quality Commission.The Child Maintenance and Enforcement Commission.Health Education England. Monitor.NHS Blood and Transplant.The NHS Business Services Authority.An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006[^f00006].An NHS trust established under section 25 of that Act. A clinical commissioning group established under section 14D of that Act. The National Health Service Commissioning Board. The National Institute for Health and Care Excellence. The Health Research Authority. The Health and Social Care Information Centre. ...A Special Health Authority established under section 28 of that Act (other than NHS Blood and Transplant and the NHS Business Services Authority)....

• Industry, business, finance etc.The Advisory, Conciliation and Arbitration Service.The Bank of England (including the Bank in its capacity as the Prudential Regulation Authority), in respect of its public functions.The Civil Aviation Authority. The Financial Conduct Authority. The National Audit Office.The Office for Budget Responsibility.The Office of Communications....

• Local governmentThe Audit Commission for Local Authorities and the National Health Service in England.A body corporate established pursuant to an order under section 67 of the Local Government Act 1985[^f00007].The Common Council of the City of London in its capacity as a local authority or port health authority.The Council of the Isles of Scilly.A county council or district council in England.A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004[^f00008], or a scheme to which section 4 of that Act applies, for an area in England.The Greater London Authority.A joint committee constituted in accordance with section 102(1)(b) of the Local Government Act 1972[^f00009] for an area in England.A London borough council.The London Development Agency.The London Fire and Emergency Planning Authority.A National Park authority established by an order under section 63 of the Environment Act 1995[^f00010] for an area in England.A Passenger Transport Executive for an integrated transport area in England (within the meaning of Part 2 of the Transport Act 1968[^f00011]).A regional development agency established by the Regional Development Agencies Act 1998[^f00012] (other than the London Development Agency).The Standards Board for England.Transport for London.

• Ministers of the Crown and government departmentsA government department other than the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.A Minister of the Crown.

• Other educational bodiesThe governing body of an institution in England within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992[^f00013]).The governing body of an institution in England within the higher education sector (within the meaning of section 91(5) of that Act).The Higher Education Funding Council for England.The Student Loans Company Limited.

• Parliamentary and devolved bodiesThe National Assembly for Wales Commission (Comisiwn Cynulliad Cenedlaethol Cymru).The Scottish Parliamentary Corporate Body.

• PoliceThe British Transport Police Force.A chief constable of a police force maintained under section 2 of the Police Act 1996[^f00014].The Chief Inspector of the UK Border Agency.The Civil Nuclear Police Authority.The Commissioner of Police for the City of London.The Commissioner of Police of the Metropolis.The Common Council of the City of London in its capacity as a police authority.The Independent Police Complaints Commission.The Metropolitan Police Authority established under section 5B of the Police Act 1996[^f00015].A police authority established under section 3 of that Act....

• RegulatorsThe General Council of the Bar, in respect of its public functions.The Health and Safety Executive. The Office for Nuclear Regulation The Law Society of England and Wales, in respect of its public functions.

SCHEDULE 2

• Educational institutionsThe governing body of an educational establishment maintained by an English local authority (within the meaning of section 162 of the Education and Inspections Act 2006[^f00016]).A local authority with respect to the pupil referral units it establishes and maintains by virtue of section 19 of the Education Act 1996[^f00017].The proprietor of a City Technology College, City College for Technology or the Arts, or an Academy.

Signed

Theresa May — Secretary of State for the Home Department — 9th September 2011

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations impose duties on public authorities listed in the Schedules to these Regulations. The purpose of the duties is to ensure better performance by the public authorities concerned of their duty to have due regard to the matters set out in section 149(1) of the Equality Act 2010 (c. 15) (“the Act”).

Regulation 2 requires public authorities to publish information to demonstrate their compliance with the duty imposed by section 149(1) of the Act. Paragraph (2) requires the public authorities listed in Schedule 1 to publish this information not later than 31st January 2012 and subsequently at intervals of not greater than one year beginning with the date of last publication. Paragraph (3) requires the public authorities listed in Schedule 2 to publish this information not later than 6th April 2012 and subsequently at intervals of not greater than one year beginning with the date of last publication. Paragraphs (4) and (5) set out what a public authority’s published information must include.

Regulation 3 requires all public authorities listed in the Schedules to prepare and publish one or more objectives they think they should achieve to do any of the things mentioned in paragraphs (a) to (c) of subsection (1) of section 149 of the Act. All public authorities must publish their objectives not later than 6th April 2012 and subsequently at intervals of not greater than four years beginning with the date of last publication.

Regulation 4 requires that the information must be published in such a manner that the information is accessible to the public and allows the information to be published as part of another document.

The instrument has no impact on the costs of business, charities or voluntary bodies. A full impact assessment of the effect that this instrument will have on the costs of the public sector is available from www.equalities.gov.uk and is published along with the Explanatory Memorandum on www.legislation.gov.uk.

Footnotes

[^f00001]: 2010 c. 15.

[^f00002]: 2003 c. 21.

[^f00003]: Section 199 was amended by the Digital Economy Act 2010 (c. 24), section 22(2).

[^f00004]: 1990 c. 42. Section 56(1) was amended by the Communications Act 2003, Schedule 19(1).

[^f00005]: 2007 c. 21.

[^f00006]: 2006 c. 41.

[^f00007]: 1985 c. 51.

[^f00008]: 2004 c. 2. Section 2 has been amended by the Local Government and Public Involvement in Health Act 2007 (c. 28), Schedule 1, Part 2, paragraph 22(1) and (2).

[^f00009]: 1972 c. 70.

[^f00010]: 1995 c. 25.

[^f00011]: 1968 c. 73.

[^f00012]: 1998 c. 45.

[^f00013]: 1992 c.13.

[^f00014]: 1996 c. 16.

[^f00015]: Section 5B was inserted by section 310(1) of the Greater London Authority Act 1999 (c. 29).

[^f00016]: 2006 c. 40.

[^f00017]: 1996 c. 56. Section 19 was amended by the Children, Schools and Families Act 2010 (c. 26), section 3, Schedule 3, Part 1, paragraph 1 and Schedule 4, Part 1; the Education and Inspections Act 2006 (c. 40), section 101; the Education Act 1997 (c. 44), section 47(2) to (4), Schedule 8; and S.I. 2010/1158 and 2007/1507.

Editorial notes