The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017

JurisdictionUK Non-devolved
CitationSI 2017/353
(1) These Regulations may be cited as the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 and come into force on 31st March 2017.(2) In these Regulations—
  • the Act” means the Equality Act 2010;
  • the 1996 Act” means the Employment Rights Act 1996 ;
  • the 2011 Regulations” means the Equality Act 2010 (Specific Duties) Regulations 2011 ;
  • “employment” and related expressions have the meaning given in regulation 2;
  • English local authority” has the same meaning as in section 162 of the Education and Inspections Act 2006 ;
  • maintained school” has the same meaning as in section 20(7) of the School Standards and Framework Act 1998 .
employment under a contract of employment, a contract of apprenticeship or a contract personally to do work, andCrown employment (within the meaning of section 191(3) of the 1996 Act (2) Section 191(4) of the 1996 Act (3) For the purposes of these Regulations, an employee of an English local authority at a maintained school is to be treated as an employee of the governing body of that school.(4) These Regulations apply to service in the armed forces as they apply to employment by, (or in the case of Crown employment, under or for the purposes of) a public authority, and for that purpose, references to terms of employment, or to a contract of employment, are to be read as including references to terms of service.(5) For the purposes of these Regulations, the holding, otherwise than under a contract of employment, of the office of constable, or of an appointment as a police cadet, is to be treated as employment by the relevant officer (and for that purpose, references to terms of employment, or to a contract of employment, are to be read as including references to terms of service) .constable” does not include a special constable;police cadet” means a person appointed to undergo training with a view to becoming a constable;in relation to a member of a police force or a police cadet appointed for a police area, the chief officer of police;in relation to any other person holding the office of constable or an appointment as a police cadet, the person who has the direction and control of the body of constables or cadets in question.
  • Schedule 1 to these Regulations (which imposes obligations on public authorities to publish gender pay gap information relating to employees) has effect.
  • (1) Each public authority listed in Schedule 2 to these Regulations must publish information to demonstrate its compliance with the duty imposed by section 149(1) of the Act.not later than 30th March 2018; andsubsequently at intervals of not greater than one year beginning with the date of last publication.its employees;other persons affected by its policies and practices.(4) Paragraph (3) (a) does not apply to a public authority with fewer than 150 employees.(1) Each public authority listed in Schedule 2 to these Regulations must prepare and publish one or more objectives it thinks it should achieve to do any of the things mentioned in paragraphs (a) to (c) of section 149(1) of the Act.not later than 30th March 2018 (subject to regulation 9(2) ) ; andsubsequently at intervals of not greater than four years beginning with the date of last publication.(3) An objective published by a public authority in compliance with paragraph (1) must be specific and measurable.(1) The requirements in regulations 4 and 5 to publish information are requirements to publish the information in a manner that is accessible to the public.(2) A public authority may comply with the requirements to publish information in regulation 4 or 5 by publishing the information within another published document.
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  • Schedule 3 to these Regulations (which amends Parts 1 and 2 of Schedule 19 to the Act) has effect.
  • (1) The 2011 Regulations are revoked (subject to paragraph (3) ) .regulation 5(2) (a) does not apply; andthe word “subsequently” were omitted, andthe “date of last publication” referred to the date of last publication under regulation 3 of the 2011 Regulations.immediately before the commencement date a public authority is required by regulation 2 of the 2011 Regulations to publish the information referred to in paragraph (1) of that regulation,that information is required to be published on or before 6 April 2017, andthe information is not published before the commencement date in a form and manner that complies with regulations 2 and 4 of those Regulations,In this Schedule—
    • bonus pay” has the meaning given in paragraph 4;
    • full-pay relevant employee” means a relevant employee who is not, during the relevant pay period, being paid at a reduced rate or nil as a result of the employee being on leave;
    • hourly rate of pay” has the meaning given in paragraph 6;
    • ITEPA 2003” means the Income Tax (Earnings and Pensions) Act 2003 ;
    • leave” includes—
      • (a) annual leave;
      • (b) maternity, paternity, adoption, parental or shared parental leave;
      • (c) sick leave; and
      • (d) special leave;
    • ordinary pay” has the meaning given in paragraph 3;
    • pay period” has the meaning given in paragraph 5(1) ;
    • piecework” means work in respect of which an employee is entitled to be paid by reference to a number of pieces made or processed, or a number of tasks performed, instead of by reference to a period of time worked;
    • relevant employee” means a person who is employed by, (or in the case of Crown employment, under or for the purposes of) the relevant public authority on the snapshot date;
    • relevant pay period” has the meaning given in paragraph 5(2) ;
    • relevant public authority” means a public authority listed in Schedule 2 to these Regulations which has 250 or more employees on the snapshot date;
    • snapshot date” means the 31st March in the year to which the information required by paragraph 2 relates.
    For the purposes of this Schedule, the amount of an employee's ordinary pay or bonus pay is to be calculated before deductions made at source (for example deductions in relation to income tax) .the difference between the mean hourly rate

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