The Equality Act 2010 introduced a new public sector general equality duty which became law in Scotland on 5th April. The general equality duty requires Scottish public authorities to pay ‘due regard’ to the need to: eliminate unlawful discrimination, victimisation and harassment; advance equality of opportunity and foster good relations.

These requirements will apply across the ‘protected characteristics’ of age; disability; gender reassignment; pregnancy and maternity; race; religion and belief; sex and sexual orientation. The new duty replaces the three previous duties relating to race, disability and gender equality.

On 8th March 2011 the Scottish Parliament’s Equal Opportunities Committee voted against introducing the proposed specific equality duties under the 2010 Act. In the absence of specific duties, the Equality and Human Rights Commission strongly recommends that public authorities continue to follow good practice, in particular in assessing equality impact and gathering and using relevant evidence and information. The Commission has produced interim guidance.