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Annex A - Legal requirements
Commitment and Leadership
- That Executive and Non-Executive Leadership comply with the requirements of the Ethical Standards in Public Life etc (Scotland ) Act 2000 and Companies Act 1985 (as appropriate), associated guidance issued by the Standards Commission for Scotland, or other appropriate code. Moreover, they should ensure that employees comply with a local code of conduct based on generally recognised standards and/or the Code of Conduct for Staff of Public Bodies, as appropriate.
- That appropriate arrangements are in place to ensure that the organisation complies with the requirements of the Freedom of Information (Scotland) Act 2002 and generally recognised guidance.
Sound Management of Resources
- That the organisation is conscious of being publicly funded in everything it does; it has regard to obligations under state aid rules; and it is aware of the need to conduct its business in a manner which demonstrates appropriate competitive practice
- That the organisation has access to appropriate procurement expertise, guidance and training to support its procurement activity and contractual relationships. Where appropriate, this should include a focal point for advice on developments in best practice and procurement law.
- That the organisation complies fully and appropriately with its obligations under European Community law on public procurement and any other relevant international agreements.
Equal Opportunities Arrangements
- An organisation should demonstrate that it is meeting the requirements, as applicable, of present and future equality legislation by adopting the meaning of "equal opportunities" as set out in Schedule 5 of the Scotland Act 1998, and other UK legislation e.g.
- Equal Pay Act 1970
- Sex Discrimination Act 1975
- Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000
- Disability Discrimination Acts 1995 and 2005
- Employment Equality (Age) Regulations (scheduled for October 2006)
- Employment Equality (Sexual Orientation) Regulations 2003
- Employment Equality (Religion or Belief) Regulations 2003
- Equality Act 2006
Joint Working
- The Local Government in Scotland Act 2003 provides a statutory basis for Community Planning in Scotland. Section 18 of the Act makes provision for Scottish Ministers to issue guidance to which all participants in Community Planning should have regard. The statutory basis aims to ensure long term commitment to effective partnership working with communities and between local authorities and other key bodies and organisations.
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