The Equality Act - Welsh Specific Duties

The general duty of the Equality Act 2010 (also known as the Public Sector Equality Duty or PSED) sets out that those subject to the duty must have due regard to the need to: 

• Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
• Advance equality of opportunity between people who share a protected characteristic and those who do not.
• Foster good relations between people who share a protected characteristic and those who do not.

To support the general duty, the Equality Act 2010 allows for the enactment of specific duties.  The specific duties are devolved powers, and this has resulted in different specific duties being set in Wales, England and Scotland.

In England, the Equality Act 2010 (Specific Duties) Regulations 2011 require public authorities to publish equality objectives and information to demonstrate compliance with the general equality duty.

In Wales, the Public Sector Equality Duty (PSED) goes further and contains express provisions about engagement (Regulation 5) and equality impact assessments (Regulation 8) which are not present in the English PSED.

Regulation 5 (2) of Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011, states that:

Where any provision of these Regulations requires an authority to comply with the engagement provisions in carrying out any activity (see for example regulation  4(1)(a), compliance with those provisions means that in carrying out that activity the authority: 

  a.  must involve such persons as the authority considers - 

1.   represent the interests of persons who share one or more of the protected characteristics; and
2. have an interest in the way that the authority carries out its functions;

  b.  may involve such other persons as the authority considers appropriate;

  c.  may consult such persons as the authority considers appropriate.

(3) In reaching a decision under paragraph (2)(b) or (c) the authority must have regard to the need to involve or consult (as the case may be), so far as is reasonably practicable to do so, persons who—

  a.  share one or more of the protected characteristics; and
  b.  have an interest in the way that the authority carries out its functions.

Regulation 8 (1) of Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011, states that:

  a.  assessing the likely impact of its proposed policies and practices on its ability to comply with the   general duty;

  b.  assessing the impact of any: 

1. policy or practice that the authority has decided to review,
2. revision that the authority proposes to make to a policy or practice, on its ability to comply with that duty;

  c.  monitoring the impact of its policies and practices on its ability to comply with that duty; and

  d.  publishing reports in respect of any assessment that:

  e.  is referred to in sub-paragraph (a) or (b); and

  f.  shows that the impact or likely impact (as the case may be) on the authority’s ability to comply.