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There is a range of equality legislation protecting people from discrimination on the grounds of race, disability, gender, age, sexual orientation and religion or belief. As of October 2010 the Equality Act brought together all these current areas of discrimination under the heading of ‘’protected characteristics’’. In addition, there is a public sector equality duty that require public authorities to take proactive steps to eliminate discrimination and harassment and to promote equality of opportunity with regard to ‘’protected characteristics’’ under the Equality Act. (Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012).
The ‘’protected characteristics’’ equality duties apply to public functions which are carried out through procurement as well as those carried out directly by a public authority. This means that a private or voluntary organisation must have due regard to the general duties relating to ‘’protected characteristics’’ when carrying out the function on behalf of a public authority.
Contracting authorities must comply with all relevant equality legislation. Where a contractor is carrying out a public function on behalf of a public authority, the legal liability for the duties in relation to that function remains with the public authority which contracts out the function.
The degree to which equality and diversity requirements are specified and incorporated within procurement documentation will vary according to the goods, services or works being purchased and should be assessed on a case by case basis. This will ensure that full consideration is given to the needs of, and the likely impact on, all users and others who will be affected by the contract.
The Equality and Human Rights Commission have produced guidance that assists public bodies to meet their obligations in respect of the Equality Act 2010 and the Equality Act 2010 (Specific Duties) This supports listed public authorities to meet the requirements of the Scottish Specific Duty to consider the award criteria and conditions in relation to public procurement (Scotland) Regulations 2012. This supports listed public authorities to meet the requirements of the Scottish Specific Duty to consider the award criteria and conditions in relation to public procurement,
The guidance sets out what the duty requires and is written with reference to the Scottish Governments Procurement Journey
Read the Commission's Procurement Guidance.
Further information on equality legislation, including guidance on the public sector equality duties, can be found here on the Equality and Human Rights Commission (EHRC) website.