Equality Act Codes of Practice for Scotland

The Commission has statutory powers to issue guidance which it has used to support successful implementation of the Equality Act 2010.  To date we have produced a comprehensive range of both statutory codes of practice and non statutory guidance covering the employment, equal pay, and services and public functions sections of the Act. We have also produced practical non statutory guidance on the Public Sector Equality Duty (PSED) in Scotland and on education.
We were intending to produce further statutory codes of practice on the PSED, which came into force on 5 April 2011, and codes for the Further and Higher Education (FEHE) sector and schools in Scotland.

Unfortunately, we are no longer able to proceed with these plans.  The Westminster Government is keen to reduce bureaucracy around the Equality Act 2010, and feels that further statutory guidance may place too much of a burden on public bodies.  Although the Commission has powers to issue codes, it cannot do so without the approval of the Secretary of State, as we are reliant upon the Westminster Government to lay codes before parliament, in order for them to be statutory.

It is the Commission’s view that, rather than creating a regulatory burden, statutory codes have a valuable role to play in making clearer to everyone what is and is not needed in order to comply with the Equality Act.  However, as this is no longer an option, we feel the best solution is to issue our draft codes as non statutory codes instead.  These non statutory codes will still give a formal, authoritative, and c

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