Specific duties: Scotland 

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• The duty in Scotland
  
• The duty in Scotland: education
  

The duty in Scotland

Section 71 of the Race Relations Act places a general statutory duty on listed public authorities in to England, Scotland, and Wales to promote race equality.  The Act gives the Home Secretary power to make orders placing specific duties on all or some of these authorities.  Scottish Ministers have a similar power over Scottish public authorities (Section 71B(1).  The specific duties introduced by the Race Relations Act came into full effect in Scotland on 30 November 2002.

Schedule 1A of the Act list all public bodies in Scotland which fall within the scope of the duty, or outside it. 

New statutory orders are laid before parliament every year to amend Schedule 1A. These Orders update Schedule 1A of the Act to take account of new bodies coming into existence, bodies changing their status to bring them within (or outside) the scope of the duty, and listed bodies falling out of existence.

The duty in Scotland: education

The specific duties for schools in Scotland are different to the duties in England and Wales.  In Scotland, education authorities, managers of grant-aided schools, and boards of management of self-governing schools are required to comply with the following specific duties.

1. Before 30 November 2002, they must have:

a. prepared a written statement of its policy for promoting race equality (its race equality policy)

For more information read our section on race equality schemes.

b. put in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph 4 (below).

2. Such bodies shall:

a. maintain a copy of the statement and in the case of an education authority ensure that each school under its management maintains such a copy

b. fulfil those duties in accordance with such arrangements and in the case of an education authority ensure that each school under its management complies with the arrangements.

3. A race equality policy prepared under paragraph 1a and the arrangements put in place under paragraph 1b by an education authority will apply to each school under its management.

4. It shall be the duty of such a body to:

a. assess the impact of its policies, including its race equality policy, on pupils, staff and parents of different racial groups including, in particular, the impact on attainment levels of such pupils

b. monitor, by reference to their impact on such pupils, staff and parents, the operation of such policies including, in particular, their impact on the attainment levels of such pupils.

5. Such a body or person shall take steps as are reasonably practicable to publish the results of its assessments.

To find documents and guidance on this section please go to race equality duty document and scroll to 'Specfic duties' and 'Education'.