The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 were established to help public authorities in Scotland better perform their duties under the Public Sector Equality Duty (PSED) of the Equality Act 2010. These regulations aim to ensure public authorities consider equality in their decision-making processes and improve transparency and accountability in promoting equality.

Purpose: The primary purpose of these regulations is to enhance the effectiveness of the PSED by requiring public authorities to take specific actions to promote equality and prevent discrimination. The regulations are designed to embed equality considerations into the core functions and operations of public bodies in Scotland.

Requirements:

1. Equality Outcomes: Public authorities must set and publish specific, measurable equality outcomes that they aim to achieve. These outcomes should be based on evidence and relevant to their functions, aiming to improve equality for people with protected characteristics.
2. Mainstreaming Report: Authorities must publish a report on the progress they have made in integrating the general equality duty into their functions. This mainstreaming report should be published every two years.
3. Employee Information: Public authorities are required to gather, use, and publish information on the composition of their workforce, including the recruitment, development, and retention of employees with different protected characteristics.
4. Gender Pay Gap Information: Authorities must publish information on the gender pay gap within their organization, including details of any measures taken to address these disparities.
5. Equal Pay Statement: Public bodies must publish an equal pay statement that includes their policy on equal pay between employees with different protected characteristics and the steps they are taking to ensure equal pay.
6. Impact Assessments: Authorities are required to assess and review the impact of proposed policies and practices on equality, considering how they affect people with different protected characteristics.
7. Procurement: When awarding contracts, public authorities must consider how they can use procurement processes to improve equality and deliver outcomes that support the general equality duty.

Applicability: These regulations apply to listed public authorities in Scotland, including local councils, health boards, educational institutions, and other bodies performing public functions. The regulations ensure that these entities actively promote equality and are accountable for their actions in reducing discrimination and advancing equality.

By complying with these regulations, public authorities in Scotland contribute to a fairer, more inclusive society by embedding equality considerations into their operations and decision-making processes.

The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 outline specific evidence requirements that public authorities must meet to ensure compliance with the Public Sector Equality Duty (PSED). These requirements are designed to promote transparency, accountability, and effective action to advance equality.

Key Evidence Requirements:

1. Equality Outcomes: Public authorities must set and publish specific, measurable equality outcomes based on evidence gathered about the needs of people with protected characteristics. Authorities must also report on the progress made towards achieving these outcomes at least every four years.
2. Mainstreaming Reports: Authorities are required to publish a mainstreaming report every two years. This report should provide evidence of how equality is being integrated into the authority's functions and include an analysis of progress in achieving equality outcomes.
3. Employee Information: Authorities must collect, use, and publish data on the composition of their workforce concerning protected characteristics. This includes information on recruitment, development, and retention of employees. The data should be updated and published at least every two years.
4. Gender Pay Gap Information: Public authorities must publish information on the gender pay gap within their organization every two years. This includes detailed data on the differences in pay between male and female employees and actions taken to address these disparities.
5. Equal Pay Statement: Authorities must publish an equal pay statement every four years, outlining their policy on equal pay between employees with different protected characteristics (gender, race, disability) and measures taken to ensure equal pay.
6. Impact Assessments: When developing new policies or practices, authorities must assess their potential impact on equality. They must document the findings of these assessments and demonstrate how equality considerations have influenced their decision-making process. The results of these impact assessments should be published.
7. Procurement Practices: Public authorities must consider how their procurement activities can support the advancement of equality. They must document and publish evidence of how they have used procurement to promote equality and achieve equality outcomes.

These evidence requirements ensure that public authorities in Scotland are actively monitoring, reporting, and taking action to promote equality. They provide a structured approach to integrating equality considerations into the core functions and decision-making processes of public bodies, ensuring transparency and accountability.