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New Laws for Race Equality in Scotland

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What changes have been made to the Race Relations Act?

The UK Government has made a number of significant changes to the Race Relations Act 1976. The strengthened legislative framework will help public authorities across the UK provide their services to the public in a way that is fair and accessible to all, irrespective of their race or colour. It will also give members of the public greater protection from unlawful race discrimination. In particular, the changes

• widen and strengthen the anti-discrimination provisions within the Race Relations Act; and
• introduce a new and enforceable duty on key public bodies to promote race equality.

This leaflet explains these new changes and what they mean for public authorities and their employees and, equally importantly, users of public services.

How have the anti-discrimination provisions been amended?

The original Race Relations Act 1976 made direct and indirect discrimination and victimisation unlawful in a range of areas, such as employment, housing, education and training, and the provision of goods, facilities and services. The 1976 Act has now been amended so that race discrimination is outlawed in all public functions.*

The new provisions came into effect on 2nd April 2001, and they mark a major step forward in the protection available to individuals - regardless of their race or colour - from race discrimination.

* There are a limited number of exceptions such as Parliament, judicial decisions, and the functions of the security services.

What can I do if I have been discriminated against?

If you think you have been discriminated against in an area where race discrimination has been outlawed, you can enforce your rights in Scotland in a Sheriff's Court.

Claims against the immigration authorities concerning a decision about entitlement to enter or remain in the UK will be heard by the Immigration Appellate Authorities.

Claims regarding public appointments will be heard in the High Court or Court of Session.

Employment and training cases continue to be heard by employment tribunals.

Where can I get help if I have been discriminated against?

The Commission for Racial Equality provides information and advice to people who think they have suffered racial discrimination or harassment. In Scotland they can be contacted at:

The Tun, 12 Jackson's Entry, off Holyrood Road, EDINBURGH EH8 8PJ. Tel 0131 524 2000

You might also consider contacting your Trade Union or Citizens Advice Bureau.

How is the duty to promote race equality different to the other provisions of the Act?

To extend the battle against racism in a new direction the Government has placed a general duty on a large number of public authorities to promote race equality. This requires them to take action to prevent acts of race discrimination before they occur. Those public authorities, in performing their public functions, have to:

"have due regard to the need to eliminate unlawful racial discrimination, and to promote equality of opportunity and good relations between persons of different racial groups."

The duty also came into effect on 2nd April 2001. The list of public authorities caught by the duty was widened on 3rd December 2001 and now includes around 40,000 public bodies across the UK.

What is the aim of the specific duties?

The Government decided that key public authorities - including central and local government bodies, health service bodies and many more - should additionally be subject to a number of specific duties. These are specific actions which they are required to take so as to help them meet the new duty to promote race equality. Scottish public bodies have to comply with the new duties by 30th November 2002. A list of the Scottish bodies affected is included at the end of this leaflet.

What will the specific duties mean for those planning and running and those receiving public services?

Those responsible for providing public services will need to ensure that their policies and services are fair. The specific duties require key bodies to prepare and publish a Race Equality Scheme describing their public functions that are relevant to the duty. Bodies also have to set out their arrangements for assessing and consulting on the policies they are proposing for adoption; for monitoring for any adverse impact of their policies on the promotion of race equality; for publishing the results of their assessments, consultations and monitoring; for ensuring public access to information and to services; and for training staff in issues relevant to the duty.

There are separate duties for schools, and further and higher education institutions.

What do the duties mean for public sector employers and employees?

In their role as employers, public bodies need to ensure that their procedures and practices are fair. Bodies subject to the general duty and which employ staff will be subject to specific employment duties. These will help them to promote race equality within their own workforces and employment practices.

What role will the Commission for Racial Equality play?

The Government wants the Commission for Racial Equality (CRE) to help public authorities to promote race equality by advising them and identifying examples of good practice. The CRE can issue statutory codes of practice to help public authorities further by providing guidance on meeting their new obligations.

What action can be taken against a body failing to comply with the duty to promote race equality?

The intention is that all complaints relating to the duty to promote race equality should be channelled through the CRE. If a public authority fails to meet its specific duties then the CRE can take enforcement action, requiring a body to comply.

Bodies and other persons required to publish a race equality scheme

The Accounts Commission for Scotland
Audit Scotland
A Chief Constable of a police force
The Common Services Agency for the NHS in Scotland
A Health Board
A joint board
The Keeper of the Records of Scotland
The Keeper of the Registers of Scotland
A licensing board
A local authority
A National Health Service Trust
A police authority
The Registrar General of Births, Deaths and Marriages for Scotland
Scottish Enterprise and Highlands and Islands Enterprise
The Scottish Further Education Funding Council
The Scottish Higher Education Funding Council
The Scottish Legal Aid Board
The Scottish Ministers
The Service Authority for the National Criminal Intelligence Service in respect of its Scottish functions
A Special Health Board
A water or sewerage authority

Educational Bodies required to prepare a written race equality policy

Education authorities, the Managers of a grant-aided school and the Board of Management of a self-governing school in respect of all schools under their management

Further and higher education institutions

A wider number of bodies will be subject to employment monitoring duties

Further information about the Act is available from the Home Office at

http://www.homeoffice.gov.uk/raceact/welcome.htm

the CRE athttp://www.cre.gov.uk

or from the Scottish Executive Equality Unit, Victoria Quay, Edinburgh EH6 6QQ Tel 0131 244 5503

Community language versions of this leaflet can be viewed on the Scottish Executive website at www.scotland.gov.uk