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Part 1 : socio-economic inequalities |
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Clause 1: Public sector duty regarding socio-economic inequalities |
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38. This clause requires specified public authorities, when making strategic decisions |
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such as deciding priorities and setting objectives, to consider how their decisions might help to |
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reduce the inequalities associated with socio-economic disadvantage. Such inequalities could |
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include inequalities in education, health, housing, crime rates, or other matters associated with |
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socio-economic disadvantage. It will be for public authorities subject to the duty to determine |
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which socio-economic inequalities they are in a position to influence. |
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39. The duty applies to the listed public authorities, which have strategic functions – these |
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include Government departments, local authorities and NHS bodies. In addition, the duty |
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applies to other public authorities which work in partnership with a local authority to draw up |
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the sustainable community strategy for an area, when they are drawing up that strategy. These |
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Make provision to require Ministers of the Crown and others when making |
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strategic decisions about the exercise of their functions to have regard to the |
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desirability of reducing socio-economic inequalities; to reform and harmonise |
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equality law and restate the greater part of the enactments relating to |
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discrimination and harassment related to certain personal characteristics; to |
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enable certain employers to be required to publish information about the |
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differences in pay between male and female employees; to prohibit |
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victimisation in certain circumstances; to require the exercise of certain |
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functions to be with regard to the need to eliminate discrimination and other |
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prohibited conduct; to enable duties to be imposed in relation to the exercise |
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of public procurement functions; to increase equality of opportunity; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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Socio-economic inequalities |
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1 | Public sector duty regarding socio-economic inequalities |
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(1) | An authority to which this section applies must, when making decisions of a |
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strategic nature about how to exercise its functions, have due regard to the |
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desirability of exercising them in a way that is designed to reduce the |
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inequalities of outcome which result from socio-economic disadvantage. |
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(2) | In deciding how to fulfil a duty to which it is subject under subsection (1), an |
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authority must take into account any guidance issued by a Minister of the |
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(3) | The authorities to which this section applies are— |
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(a) | a Minister of the Crown; |
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partner public authorities are specified in the Local Government and Public Involvement in |
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40. Public authorities are required to take into account guidance issued by a Minister of |
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the Crown when deciding how to fulfil the duty. |
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41. The duty does not apply to strategic decisions taken in relation to functions carried out |
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in or in relation to Scotland, except where such matters are reserved to the United Kingdom |
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Parliament. Nor does it require public authorities to consider how to reduce inequalities |
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resulting from people being subject to immigration control. |
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42. This is a new provision. |
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• The duty could lead a public body with strategic functions in relation to health to |
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allocate money from its agreed budget to a separate funding stream which targets |
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geographical areas with the worst health outcomes. |
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• Under the duty, a Regional Development Agency (RDA), when reviewing its funding |
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programmes, could decide to amend the selection criteria for a programme designed to |
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promote business development, to encourage more successful bids from deprived |
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areas. The same RDA could also decide to continue a programme aimed at generating |
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more jobs in the IT sector which, despite not contributing to a reduction in socio- |
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economic inequalities, has wider economic benefits in attracting more well-paid jobs |
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to the region. This decision would comply with the duty, because the RDA would have |
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given due consideration to reducing socio-economic inequalities. |
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• The duty could lead a local education authority, when conducting a strategic review of |
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its school applications process, to analyse the impact of its campaign to inform parents |
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about the applications process, looking particularly at different neighbourhoods. If the |
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results suggest that parents in more deprived areas are less likely to access or make use |
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of the information provided, the authority could decide to carry out additional work in |
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those neighbourhoods in future campaigns, to ensure that children from deprived areas |
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have a better chance of securing a place at their school of choice. |
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Clause 2: Power to amend section 1 |
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43. This clause enables a Minister of the Crown or, in the case of Welsh bodies, the Welsh |
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Ministers to make regulations amending the list of public authorities which are subject to the |
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duty in clause 1, and to limit or extend the functions of a listed body to which the duty applies. |
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44. It also provides that a Minister of the Crown may not apply the duty to any devolved |
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Welsh or Scottish functions. |
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