This information reflects the Society's web site at the date you downloaded or printed it and you should check at www.lawscot.org.uk to see if it is still current.

Responsibilities

The legal profession, and the Society, have various responsibilities in relation to equality and diversity covered by legislation and statutory codes, for example:

  • As employers
  • As providers of ‘goods and services’ (to the public)

The Society has additional responsibilities:

  • As a ‘Public Authority‘ in respect of our ‘public functions’
  • As a service provider to the profession
  • As a trade (membership) organisation
  • As a qualifications body

Our Equality & Diversity Strategy is part of a package of measures to ensure that we meet the requirements and encourage the profession to do so.

Some Key Legislation

  • Equal Pay Act 1970
  • Sex Discrimination Act 1975, as amended (SDA), in particular by the Sex Discrimination (Gender Reassignment) Regulations 1999, Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001 and the The Employment Equality (Sex Discrimination) Regulations 2005
  • Race Relations Act 1976, as amended (RRA), in particular by The Race Regulations (Amendment) Act 2000, the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 (as amended) and The Race Relations (Amendment) Act 2003, The Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2005
  • Disability Discrimination Act 1995, as amended (DDA), in particular by the Special Education Needs and Disability Act 2001, the Disability Discrimination Act 1995 (Amendment)Regulations 2003 and the Disability Discrimination Act 2005
  • Employment Rights Act 1996
  • Protection from Harassment Act 1997
  • The Human Rights Act 1998
  • Employment Act 2002
  • Employment Equality (Religion or Belief) Regulations 2003
  • Employment Equality (Sexual Orientation) Regulations 2003
  • Disability Dsicrimination Act 2005
  • Equality Act 2006
  • Employment (Age) Regulations 2006
  • Employment Equality (Age) Regulations 2006


Public Duties  

The Society is now subject to three sets of ‘public duties’. In each case there are ‘general duties’, which we have noted below, and ‘specific duties’. This latter group includes the requirements to publish a ‘scheme’ or action plan for each area. More details can be found in a helpful summary that was produced jointly by the Equal Opportunities Commission, The Disability Rights Commission and the Commission for Racial Equality. This can be downloaded from the menu at the right of this screen. Although these organisations have now merged into the new Equality and Human Rights Commissions the summary remain current.


‘GENERAL DUTIES’


Race Equality Duty

Due regard to the need to:

  • Eliminate unlawful racial discrimination
  • Promote equality of opportunity
  • Promote good relations between persons of different racial groups.


Disability Equality Duty

Due regard to the need to:

  • Promote equality of opportunity between disabled persons and other persons
  • Eliminate discrimination that is unlawful under the Disability Discrimination Act 1995
  • Eliminate harassment of disabled persons that is related to their disabilities
  • Take steps to take account of disabled persons’ disabilities, even where that means treating disabled persons more favorably than other persons
  • Promote positive attitudes towards disabled people
  • Encourage participation by disabled people in public life


Gender Equality Duty

Due regard to the need to:

  • Eliminate unlawful discrimination and harassment
  • Promote equality of opportunity between men & women