Gender Representation on Public Boards (Scotland) Act 2018
| Jurisdiction | Scotland |
(1) The “gender representation objective” for a public board is that it has 50% of non-executive members who are women.(2) Where a public board has an odd number of non-executive members, the percentage mentioned in subsection (1) applies as if the board had one fewer non-executive member.In this Act— a vacancy in a position of non-executive member of a public board,more than one candidate for the position,at least one candidate who is a woman, andat least one candidate who is not a woman.(2) The appointing person must, in making the appointment to fill the vacancy, act in accordance with section 4 with a view to achieving (or making progress towards achieving) the gender representation objective immediately after the appointment takes effect.both or all of those appointments must be taken into account in identifying the number of non-executive members, andthe appointing person must act with a view to achieving (or making progress towards achieving) the gender representation objective immediately after all of those appointments have taken effect.(1) The appointing person must determine whether any particular candidate is best qualified for the appointment.(2) If no particular candidate is best qualified for the appointment, the appointing person must identify candidates it considers are equally qualified.(3) Subject to subsection (4) , the appointing person must give preference to a candidate identified under subsection (2) who is a woman if appointing that candidate will result in the board achieving (or making progress towards achieving) the gender representation objective.must consider whether the appointment of a candidate identified under subsection (2) who is not a woman is justified on the basis of a characteristic or situation particular to that candidate, andif so, may give preference to that candidate.(5) In subsection (4) , “characteristic” includes a protected characteristic (within the meaning of section 4 of the Equality Act 2010) .(1) An appointing person for a public board must take such steps as it considers appropriate to encourage women to apply to become non-executive members of the public board.(2) A public authority to which a public board relates must take such steps as it considers appropriate to encourage women to apply to become non-executive members of the public board.(3) For the avoidance of doubt, nothing in subsections (1) and (2) prevents an appointing person or a public authority from taking such steps as it considers appropriate to encourage persons with other protected characteristics (within the meaning of section 4 of the Equality Act 2010) to apply to become non-executive members of the public board.(1) This section applies whenever the gender representation objective is not achieved in relation to a public board.(2) An appointing person for the public board must, in addition to anything done under sections 3 to 5, take such other steps as it considers appropriate with a view to achieving the gender representation objective by 31 December 2022.(3) The public authority to which the public board relates must, in addition to anything done under section 5(2) , take such other steps as it considers appropriate with a view to achieving the gender representation objective by 31 December 2022.(1) The Scottish Ministers must publish guidance on the operation of this Act.appointing non-executive members under sections 3 and 4,encouraging applications by women under section 5(1) ,taking any steps under section 6(2) ,reporting under section 8(4) ,encouraging applications by women under section 5(2) ,taking any steps under section 6(3) ,reporting under section 8(5) .(3) An appointing person must have regard to the guidance in carrying out its functions under this Act.(4) A public authority must have regard to the guidance in carrying out its functions under this Act.(1) The Scottish Ministers must lay before the Scottish Parliament reports on the operation of this Act in accordance with provision made in regulations under subsection (6) .(2) Regulations under subsection (6) must ensure that reports under subsection (1) are laid before the Scottish Parliament at intervals of no more than two years.(3) The Scottish Ministers must publish reports on the carrying out of their functions under sections 3 to 6 in accordance with provision made in regulations under subsection (6) .(4) An appointing person (other than the Scottish Ministers) specified in regulations under subsection (6) must publish reports on the carrying out of its functions under sections 3 to 6 in accordance with provision made in regulations under subsection (6) .(5) A public authority specified in regulations under subsection (6) must publish reports on the carrying out of its functions under sections 5 and 6 in accordance with provision made in regulations under subsection (6) .specify appointing persons for the purposes of subsection (4) ,specify public authorities for the purposes of subsection (5) ,make further provision about reports mentioned in subsections (1) to (5) .
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