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1 Consultation on the introduction of diversity succession planning for board appointments and the lowering of the 150 employees threshold for publishing gender pay gap and equal pay statements etc. October 2015

2 Contents Aim of the consultation Legislative context Part one: diversity succession planning for board appointments Part two: amending the figure of 150 employees for publishing gender pay gap and equal pay statements etc. Part three: about this consultation Business and regulatory impact assessment Equality impact assessment Privacy impact assessment The Scottish Government consultation process Handling your response Next steps in the process What happens next Comments and complaints Annex A: Draft SSI Annex B: Respondent Information Form (RIF) Annex C: Consultation questionnaire 1 P age

3 Consultation on the introduction of diversity succession planning for board appointments and the lowering of the 150 employees threshold for publishing gender pay gap and equal pay statements etc. Programme for Government The 2014 Programme for Government commitment to impose a new requirement on public bodies to publish the composition of their boards, was made as part of the Scottish Government s broader work to further equality and diversity, and specifically its commitment to promoting improved gender balance on the boards of private, public and third sector bodies. In addition to committing to amend the Scottish Specific Duties, the Scottish Government: launched the Partnership for Change, whereby private, public and third sector bodies are encouraged to make a voluntary commitment to aim for a 50/50 gender balance on their boards by Over 90% of public bodies have now signed up to 50/50 by continues to pursue further devolved powers that would enable the Scottish Parliament to legislate to introduce gender quotas for public sector boards. This year s Programme for Government, published on 1 September 2015, includes a commitment to extend the duty on public authorities to publish gender pay gap information and statements on equal pay, including occupational segregation. These duties currently apply to authorities listed in the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 (as amended 2015) which have at least 150 employees. We propose to lower the threshold so that the duty applies to listed authorities with 20or more employees. Aim of the consultation The consultation seeks your views on the practical application of both: the introduction of diversity succession planning for board appointments to listed public authorities with a board or management structure (to be defined). Boards will be required to use the diversity information gathered on their behalf to produce a succession plan to increase the diversity of their boards and to publicly report on its progress; they will also be required to publish details of the gender composition of their boards; and the lowering of the reporting threshold on gender pay gap and equal pay statements etc. from 150 to 20. The draft amendment regulations are attached at Annex A. 2 P age

4 Legislative context Section 149 of the Equality Act 2010 provides a public sector equality duty. Scottish public authorities subject to this duty are specified in Part 3 of Schedule 19. Section 151(3) enables Scottish Ministers to make an order to add Scottish public authorities to the schedule. Section 152(3) requires consultation with the Equality & Human Rights Commission and the consent of a Minister of the Crown before making such an order. Section 153(3) and (4) of the Act enables Scottish Ministers to impose duties by regulations on public authorities specified in Part 3 of Schedule 19 in consultation with the Equality and Human Rights Commission. The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 provide a robust framework to enable the better performance of the public sector equality duty in Scotland. We generally refer to the regulations as the Scottish specific equality duties. The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2015 listed further bodies in consequence of recently established authorities in Scotland. The Scottish specific equality duties currently require listed authorities with 150 or more employees to report on gender pay gap and equal pay statements etc. Scottish Ministers are required to review from time to time whether the figure of 150 should be amended. In addition, section 26A of the Further and Higher Education (Scotland) Act 2005, inserted by section 19 of the Post-16 Education (Scotland) Act 2013, requires every post-16 education body and regional strategic body must, when making appointments to its governing body or exercising any of its other functions, do so in a manner which encourages equal opportunities and in particular the observance of the equal opportunities requirements. Listed authorities that will have to meet these requirements Schedule 19 of the Equality Act 2010 contains a broad list of public bodies including, for example, central government, local authorities, and the key health, education and justice bodies. Factors taken into account in considering coverage include size, functions and whether the authority had previously been subject to the race, disability and gender duties which preceded the duty in the Equality Act Coverage of the specific duties is different to coverage of the public sector equality duty itself and not all of the authorities listed in schedule 19 of the Act are subject to the specific duties. A range of organisations and bodies will be subject to this new reporting requirement, these will include, public bodies, the national parks and grant aid schools. 3 P age

5 Part One: Diversity succession planning for board appointments Increasing board diversity and enabling the better performance of the Public Sector Equality Duty (PSED) We want to encourage boards to actively plan how they will increase the diversity of those on their boards so that they more broadly reflect the general population and the communities that they serve and this new duty will help to move us towards achieving this. The duty will ensure that a process is put in place allowing those listed public authorities with appointed board members to use the information on their board s diversity, broken down by all relevant protected characteristics, to support their succession planning and to publish their board s gender breakdown, subject to disclosure restrictions. This information will be gathered securely and confidentially by the Scottish Government, on the board s behalf, who will also aggregate the data into larger Scotland- wide figures. This will allow more detailed information, covering each of the relevant protected characteristics, to be published nationally. This information will assist public authorities to develop their board diversity succession plans, including the steps they will take to increase their board diversity. Public authorities will be required to publish their plans, allowing greater transparency of the work underway to improve Scotland s board diversity, creating an opportunity to share good practice and also providing a method of tracking progress amongst this cohort of public authorities, thus increasing the accountability of a large number of Scotland s public authorities. The new duty will: cover all relevant protected characteristics: age; disability; gender reassignment, pregnancy and maternity; race; religion or belief; sex; and sexual orientation; apply to public authorities, listed in the regulations with a board structure that includes at least some appointed members. Listed authorities whose boards are comprised wholly of elected members will be exempt from the duty. Publication of individual board s diversity information The Scottish Government s Equality Evidence Toolkit for Public Authorities 1, provides guidance based on Government Statistical Service (GSS) Disclosure Control Policy 2 and states that Statistical Disclosure Control (SDC) concerning safeguarding the confidentiality of the information that is held about people, should be used so that the risk of identifying individuals is reduced to an acceptable level P age

6 Applying SDC effectively will help ensure compliance with the Data Protection Act 1998 which governs the protection of personal information in the UK. To allow the data collected to be aggregated into Scotland wide figures that can be published, board diversity information will have to be gathered in a consistent format and by agreed timescales, as set out by Scottish Ministers. The Scottish Government will ensure that listed public authority board members are asked to complete this process but with the understanding that disclosure is not mandatory. To protect the anonymity of the individual board members who may not wish their personal information to be known by the chair or other board members, this information will be gathered anonymously by the Scottish Government, and then collated into overall board figures, which will be made available to the board, with a requirement that the gender balance of the board is published. The following shows an illustrative example of how to present data that has been disclosure controlled. Before After Ethnicity Employees Average Pay Ethnicity Employees Average Pay Male Female Male Female Male Female Male Female White White Mixed or Multiple Mixed or Multiple Asian Asian African African * * * * Caribbean or Black Caribbean or Black * * * * Other Other P age

7 In this case both the 'African' and the 'Caribbean or Black' groups have numbers of 4 or fewer when broken down by gender, therefore these numbers and any associated totals should not be shown. Under these circumstances you could redesign the table (e.g. add categories together) to increase cell values to above 4. In this instance you could potentially add the genders together and report a figure for all 'African' employees. You could, for example, group all ethnicities into one 'minority ethnic' category. Or, for a table on religion, all Christian religions could be combined into a single 'Christian' category. You could also add more small categories in to the 'Other' category. However we would not advise adding together separate ethnicities (e.g. 'African' / 'Caribbean or Black') or separate religions (e.g. 'Hindu'/'Sikh') due to the sensitivities around the collection of this information. Question 1: Do you think that making a requirement for listed public authorities to use their board diversity information for succession planning purposes will have a positive impact on the board appointments process? (Yes, No or Don t Know) Publication of Scotland-wide Statistics The individual board data will then be aggregated into sectoral and Scotland- wide figures for publication by the Scottish Government, again, in line with Statistical Disclosure Control. Question 2: Do you agree that the data collected covering individual boards should be aggregated up into sectoral and Scotland wide statistics? (Yes, No or Don t Know) Diversity Succession Planning A listed authority must take steps to use the board diversity information to support their succession planning work for forthcoming board appointments. We anticipate that in time public bodies will have succession plans for their boards aligned with their corporate plans, to ensure the balance of skills will support delivery of the body s objectives, recognising that diversity of contribution delivers benefits in terms of better corporate governance and decision making. Although Ministers will continue to define merit for each appointment, views from the body on the skills and experience the boards required, will be sought to help shape that thinking. However this will not be the case for college boards. There are 25 publicly funded colleges in Scotland. These are defined as colleges of further education which are post-16 education bodies are eligible to be funded for further or higher education by either the Scottish Funding Council or a regional strategic body. Like all of the public sector in Scotland there is much variance in the governance structures of colleges in Scotland. For example, of the 25 colleges, only 20 have boards of management. 6 P age

8 Question 3: What do you think are the issues for colleges meeting this new reporting duty? Succession planning will differ from body to body, and may involve collaboration between groups of, or individual, bodies. Although Scottish Ministers are ultimately responsible for making board appointments, there is much that public bodies themselves can do to ensure that, when chair or board positions do arise, they are able to reach out to talent from the broadest range of backgrounds, skills and experiences. Question 4: Do you think that formalising the process of diversity succession planning will support those involved in the board recruitment and selection process to achieve greater diversity on their board? (Yes, No or Don t Know) Frequency and location of diversity succession plan publication There are a number of options for the location and frequency of the publication of listed public authorities diversity succession plans. These are that they publish them: at intervals of not more than 2 years to be included in the authority s progress report on mainstreaming the equality duty. no later than 30 April 2017 and subsequently each second year after that in their annual reports. Or as part of their corporate plan, on a three-yearly cycle; or Question 5: Where and when do you think is the most appropriate place and timing of the publication of diversity succession plans? Other General Issues not covered elsewhere Question 6: Please provide details of any additional issues, not addressed in your other responses, that you think should be considered in relation to the introduction of diversity succession planning. 7 P age

9 Part two: amending the figure of 150 employees for publishing gender pay gap and equal pay statements etc. to 20 Background Public authorities have a central role to play in tackling the disadvantages faced by communities and individuals. The Scottish specific duties provide a strong framework for making progress. Information is essential to ensure that services, policies and recruitment practices are equitable and fair. Gathering and using information are therefore key elements of the specific duties. We also know that people will have more confidence in a public authority's performance on equality if they are aware of what it is trying to do, how it is trying to do it and what it is achieving. More openness and transparency will allow employees, service users and the wider community to track developments and to hold public authorities to account for their progress on equality. The requirements to publish gender pay gap information and an equal pay statement are designed to promote transparency and to help an authority gather and use relevant employee information in order to advance equality. Previous consultation on the specific duties in 2010 and 2011 showed support for the gender pay gap and equal pay statement proposals. However, some respondents to those consultations questioned the threshold of 150 employees and argued that it was too high. 3 4 The specific duties regulations were therefore made with a provision that Scottish Ministers must review from time to time whether the figure of 150 should be amended. That is the purpose of this consultation we are seeking views on whether the figure of 150 should be lowered to 20. We consider that lowering the threshold will increase transparency across the public sector and promote the gathering and use of relevant information by a wider range of organisations. The specific duties also require Scottish Ministers to review from time to time whether the matters covered by an equal pay statement should be amended. We are not consulting on that at this time. The reason being that public authorities are not due to fully meet the legal requirement until 2017, which is when the first equal pay statement covering race and disability will be published. It is therefore premature to review the content of an equal pay statement at this point. Progress Measuring Up 2 provides a summary of key findings from the Equality and Human rights Commission s analysis of the performance of the employee related equality duties in September P age

10 The analysis examined how listed authorities with at least 150 staff met the duty to publish a gender pay gap figure and an equal pay statement which contained an equal pay policy and occupational segregation information. Listed authorities across all sectors performed more strongly: publishing rates for a gender pay gap figure was 94%, for equal pay policies it was 95% and for occupational segregation information it was 75% Sixty listed authorities who had fewer than 20 employees were excluded from the EHRC s analysis because they were considered to have potential difficulties in publishing full employee information due to privacy concerns. The EHRC have recently published their monitoring and compliance reports Measuring Up 4 practice and performance these reports are available for download from the EHRC Scotland website. Current Policy Regulations 7 (5) and 8 (7) currently require Scottish Ministers to review from time to time whether the figure of 150 employees in relation to gender pay gap information and equal pay statements etc. should be amended. Listed authorities with 150 employees or more were required to produce reports on gender pay gap information by 30 April 2013 and each second year after that. Listed authorities with 150 employees or more were required to produce reports on equal pay, etc. by 30 April 2017 and each fourth year after that. The initial reports on equal pay and occupational segregation apply to men and women. Subsequent reports must also cover disability and race. Effect of amending the figure of 150 to 20 By lowering the figure for listed authorities to publish their gender pay gap and an equal pay statement from 150 to 20, we anticipate that around 30 authorities with employees less than 150 and at least 20 employees will become subject to the gender pay gap and equal pay reporting duties. These authorities already report on how they gather and use employee information. Frequency and timings of initial reports We propose that authorities listed in the 2012 Regulations 5 publish reports by April 2017 where an authority had at least 20 employees since April A report will not be necessary if the authority did not have 20 or more employees at any point since April For most authorities this will mean no change to the existing duties in practice. The information on gender pay gap is to be published no later than 30 April 2017 and each second year after that. 5 The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations P age

11 Statements on equal pay etc. are to be published no later than 30 April 2017 and each fourth year after that. The first statements on equal pay and occupational segregation will apply to men and women only. Second and subsequent statements must also apply to race and disability. We propose that an authority listed in the 2015 Amendment Regulations 6 due to commence initial reports in April 2017 should first start to report on gender pay gap and equal pay statements etc.,by April 2017 as above. We propose that authorities listed in the 2015 Amendment Regulations due to commence initial reports by April 2016 should first start to publish information on gender pay gap by April 2018 and each second year after that; and publish statements on equal pay, etc. by April 2018 and every fourth year after that. Question 7: Do you agree with the proposal to amend the threshold for gender pay gap and equal pay statement publication from 150 employees to 20 employees? (Yes, No or Don t Know) If you do not agree, please tell us why. Other General Issues not covered elsewhere Question 8: Please provide details of any additional issues, not addressed in your other responses, that you think should be considered in relation to the introduction of diversity succession planning for listed public authorities. 6 The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations P age

12 Part three: about this consultation Business and regulatory impact assessment The Scottish Government is committed to consulting with all parties potentially affected by proposals for new regulation, or where any regulation is being changed significantly. All policy changes, whether European or domestic, which may have an impact upon business or the third sector should be accompanied by a Business and Regulatory Impact Assessment (BRIA). The BRIA helps policy makers to use available evidence to find proposals that best achieve the policy objectives while minimising costs and burdens. Through consultation and engagement with business, the costs and benefits of the proposed legislation can be analysed. It also ensures that any impact on business, particularly small enterprises, is fully considered before regulations are made. In order for us to develop the BRIA for the proposed introduction of gender diversity quotas to public boards, it would be helpful if you could answer the following questions: Question 9: What resource issues, if any, will there be for public bodies to gather information on their board s diversity and then produce a succession plan for future board appointments? Please give reasons for your answer. Question 10: Can the impact of any resource issues for public bodies be quantified using existing costing structures? Yes, No or Don t Know Please give reasons for your answer. Question 11: To help with the development of a Business Regulatory Impact Assessment, please provide any other information you think is relevant. 11 P age

13 Equality impact assessment The Scottish specific equality duties require the Scottish Government to assess the impact of applying a proposed new or revised policy or practice against the needs mentioned in the general equality duty. The Scottish Government is also required to publish the results of such an assessment within a reasonable period. To help inform our Equality Impact Assessment of the proposed introduction of gender diversity quotas to public boards, it would be helpful if you could answer the following questions: Question 12: The Scottish Government wants the people of Scotland in all of their diversity to be represented on the boards of public bodies. Do you think there are currently barriers that especially impact on certain groups that would stop them applying for board positions? Yes, No or Don t Know. If yes, which groups and what are the barriers? Question 13: Do you think there is additional supporting action that could be taken to help certain groups overcome or mitigate these barriers? Yes, No or Don t Know. If yes, what action and who should take it? Question 14 To help further with the development of our Equality Impact Assessment, please give any other information you think is relevant. Privacy impact assessment The Scottish Government must balance its aim of achieving greater board diversity using data led succession planning, the need to protect and respect individual board members right to personal privacy. That is why we do not anticipate that individual boards will make public the diversity composition of the board. We do however see that the process of gathering this information at board level will be a useful tool to the diversity succession planning process that the board will undertake and as a means of building, through aggregation, a Scotland wide picture of the composition of Scotland s public boards. 12 P age

14 Question 15: Do you think there are other factors involved in the data collection process that should be taken into account? Yes, No or Don t Know. If yes, what are they? Question 16: Do you think there is additional supporting action that could be taken to help listed public authorities gather and then use board diversity information? Yes, No or Don t Know. If yes, what action and who should take it? Question 17: To help further with the development of our Privacy Impact Assessment, please give any other information you think is relevant. 13 P age

15 The Scottish Government Consultation Process Consultation is an essential and important aspect of Scottish Government working methods. Given the wide-ranging areas of work of the Scottish Government, there are many varied types of consultation. However, in general, Scottish Government consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work to do so in ways which will inform and enhance that work. The Scottish Government encourages consultation that is thorough, effective and appropriate to the issue under consideration and the nature of the target audience. Consultation exercises take account of a wide range of factors, and no two exercises are likely to be the same. Typically Scottish Government consultations involve a written paper inviting answers to specific questions or more general views about the material presented. Written papers are distributed to organisations and individuals with an interest in the issue, and they are also placed on the Scottish Government web site enabling a wider audience to access the paper and submit their responses. Consultation exercises may also involve seeking views in a number of different ways, such as through public meetings, focus groups or questionnaire exercises. Copies of all the written responses received to a consultation exercise (except those where the individual or organisation requested confidentiality) are placed in the Scottish Government library at Saughton House, Edinburgh (K Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, telephone ). All Scottish Government consultation papers and related publications (e.g., analysis of response reports) can be accessed at: Scottish Government consultations ( The views and suggestions detailed in consultation responses are analysed and used as part of the decision making process, along with a range of other available information and evidence. Depending on the nature of the consultation exercise the responses received may: indicate the need for policy development or review inform the development of a particular policy help decisions to be made between alternative policy proposals be used to finalise legislation before it is implemented Final decisions on the issues under consideration will also take account of a range of other factors, including other available information and research evidence. While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body. 14 P age

16 Handling your response We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondent Information Form enclosed at Annex B as this will ensure that we treat your response appropriately. If you ask for your response not to be published, we will regard it as confidential, and we will treat it accordingly. All respondents should be aware that the Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise. Responses to the consultation should be sent to Eileen Flanagan, Equality Policy Team: Address Scottish Government Equality Unit, Area 3-H (South), Victoria Quay, Edinburgh, EH6 6QQ, Next steps in the process Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public in the Scottish Government Library and on the Scottish Government consultation web pages. You can make arrangements to view responses by contacting the Scottish Government Library on Responses can be copied and sent to you, but a charge may be made for this service. What happens next? Following the closing date, all responses will be analysed and considered to help us further refine the draft statutory instrument. Comments and complaints If you have any comments about how this consultation exercise has been conducted, please send them to Lesley Irving, Head of the Scottish Government s Equality Policy Team: Address - Area 3-H (South), Victoria Quay, Edinburgh, EH6 6QQ, 15 P age

17 SCOTTISH STATUTORY INSTRUMENTS Annex A 2016 No. EQUALITY The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2016 Made Coming into force The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 153(3), 155(1)(c) and (2) and 207(4) of the Equality Act 2010(7) and all other powers enabling them to do so. In accordance with section 153(4) of that Act, the Scottish Ministers have consulted the Commission for Equality and Human Rights. In accordance with section 210(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament. Citation and commencement 1. These Regulations may be cited as the Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2016 and come into force on the day after the day on which they are made. Amendment of the Equality Act 2010 (Specific Duties) (Scotland) Regulations The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012(8) are amended as follows. Regulation 2A 3. In regulation 2A (further listed authorities) in paragraph (2), for to (6) substitute and (4) ; omit paragraphs (5) and (6); and in paragraph (7) omit sub-paragraph (a) and the word and immediately after it; and in sub-paragraph (b), for, 4(1)(a), 7(2)(a) and 8(1)(a) substitute and 4(1)(a). New regulation 6A 4. After regulation 6, insert ( 7 ) 2010 c.15; Part 3 of Schedule 19 to the Equality Act 2010 makes provision relevant to the exercise of these powers and was relevantly amended by S.S.I. 2012/55 and S.S.I. 2015/83. ( 8 ) S.S.I. 2012/162, amended by S.S.I. 2015/ P age

18 Use of member information 6A. (1) The Scottish Ministers must from time to time take steps to (a) gather information on the relevant protected characteristics of members of a listed authority; and (b) provide information gathered by them to the listed authority in question. (2) A listed authority in receipt of information provided to it under paragraph (1) must use the information to better perform the equality duty. (3) Each relevant listed authority is to include in a report published by it in accordance with regulation 3 (a) details of the number of men and of women who have been members of the authority during the period covered by the report; (b) details of the progress which the authority has made in complying with the duty imposed by paragraph (2). (4) Paragraph (3) does not apply in relation to a report published before 1st May 2016 by an authority listed in sub-paragraphs (a), (b) and (d) to (f) of regulation 2A(1). (5) In paragraph (3), a relevant listed authority means any listed authority the members of which, or the board of management of which, include or includes at least one appointed member, but none of the following is a relevant listed authority (a) the Scottish Ministers; (b) a council; (c) a joint board; (d) a licensing board; (e) an education authority; (f) an individual holder of a public office. (6) Where a listed authority is not made up of members but has a board of management, paragraphs (1)(a) and (3) have effect as if a member of the board of management were a member of the authority.. Regulation 7 5. In regulation 7 (duty to publish gender pay gap information) in paragraph (1), after must insert, in accordance with regulation 8A, ; omit paragraphs (2), (4) and (5). Regulation 8 6. In regulation 8 (duty to publish statements on equal pay, etc.) in paragraph (1) after must, insert, in accordance with regulation 8A, ; and omit the words after paragraph (2) ; omit paragraph (4); in paragraph (5), for paragraph (1) substitute this regulation ; and in paragraph (7), omit and the figure of 150 in paragraphs (3) and (4). New regulation 8A 7. After regulation 8, insert Publication under regulations 7 and 8 8A. (1) Publication under regulations 7(1) and 8(1) is to take place no later than 17 P age

19 (a) 30th April 2016 in the case of Food Standards Scotland; (b) 30th April 2017 in the case of Historic Environment Scotland or an authority listed in the Schedule; (c) 30th April 2018 in the case of an authority listed in sub-paragraphs (a) and (d) to (f) of regulation 2A (1). (2) Publication is also to take place (a) under regulation 7(1), no later than 30th April in each second year after the year specified in paragraph (1) in relation to the authority in question; (b) under regulation 8(1), no later than 30th April in each fourth year after the year specified in paragraph (1) in relation to the authority in question. (3) An authority need not effect publication under regulations 7(1) and 8(1) by the end of a relevant period if, during that period, the authority has at no time had 20 or more employees. (4) Each of the following is a relevant period for the purposes of paragraph (3) (a) in relation to publication under regulation 7(1) by an authority listed in the Schedule, the period from 1st May 2015 to 30th April 2017; (b) in relation to publication under regulation 8(1) by an authority listed in the Schedule, the period from 1st May 2013 to 30th April 2017; (c) in relation to publication by Food Standards Scotland, the period from 11th June 2015 to 30th April 2016; (d) in relation to publication by Historic Environment Scotland, the period from 11th June 2015 to 30th April 2017; (e) in relation to publication by an authority listed in sub-paragraphs (a) and (d) to (f) of regulation 2A(1), the period from 11th June 2015 to 30th April 2018; (f) in relation to any listed authority, the period from the day after publication by that authority is due under paragraph (1) (ignoring paragraph (3)) to the day by which publication is next due under paragraph (2); (g) in relation to any listed authority, the period from the day after publication by that authority is due under paragraph (2) (ignoring paragraph (3)) to the day by which publication is next due under that paragraph.. St Andrew s House, Edinburgh 2016 A member of the Scottish Government 18 P age

20 EXPLANATORY NOTE (This note is not part of the Regulations) 19 P age

21 Annex B Consultation on Draft Regulations to amend the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 RESPONDENT INFORMATION FORM Please Note this form must be returned with your response to ensure that we handle your response appropriately 1. Name/Organisation Organisation Name Title Mr Ms Mrs Miss Dr Please tick as appropriate Surname Forename 2. Postal Address Postcode Phone 3. Permissions - I am responding as Individual / Group/Organisation Please tick as appropriate (a) Do you agree to your response being made available to the public (in Scottish Government library and/or on the Scottish Government web site)? (c) The name and address of your organisation will be made available to the public (in the Scottish Government library and/or on the Scottish Government web site). Please tick as appropriate Yes No 20 P age

22 (b) Where confidentiality is not requested, we will make your responses available to the public on the following basis Please tick ONE of the following boxes Are you content for your response to be made available? Please tick as appropriate Yes No Yes, make my response, name and address all available Yes, make my response available, but not my name and address Yes, make my response and name available, but not my address or or (d) We will share your response internally with other Scottish Government policy teams who may be addressing the issues you discuss. They may wish to contact you again in the future, but we require your permission to do so. Are you content for Scottish Government to contact you again in relation to this consultation exercise? Please tick as appropriate Yes 21 P age

23 Consultation Questionnaire Annex C Part one: Question 1: Do you think that making a requirement for listed public authorities to use their board diversity information for succession planning purposes will have a positive impact on the board appointments process? (please tick Yes, No or Don t Know) Yes No Don t Know Please provide further comments: Question 2: Do you agree that the data collected by individual boards should be aggregated up into sectoral and Scotland wide statistics? (please tick Yes, No or Don t Know) Yes No Don t Know Please provide further comments: Question 3: Do you think there are any specific issues for colleges and universities relating to them meeting this new reporting duty? Yes No Don t Know Please provide further comments: 22 P age

24 Question 4: Do you think that formalising the process of diversity succession planning will help those involved in the board recruitment and selection process to achieve greater diversity on their board? (please tick Yes, No or Don t Know) Yes No Don t Know Please provide further comments: Question 5: Where and when do you think is the most appropriate place and timing of the publication of diversity succession plans? Please provide further comments: OTHER GENERAL ISSUES NOT COVERED ELSEWHERE Question 6: Please provide details of any additional issues, not addressed in your other responses, that you think should be considered in relation to the introduction of diversity succession planning. Please provide further comments: for example, please provide details on the information you think is relevant. 23 P age

25 Part two: Question 7: Do you agree with the proposal to amend the threshold for gender pay gap and equal pay statement publication from 150 employees to 20 employees? (please tick Yes, No or Don t Know) Yes No Don t Know If you do not agree, please tell us why: OTHER GENERAL ISSUES NOT COVERED ELSEWHERE Question 8: Please provide details of any additional issues, not addressed in your other responses, that you think should be considered in relation to the introduction of diversity succession planning for listed public authorities. Please provide further comments: for example, please provide details on the information you think is relevant. BUSINESS REGULATORY IMPACT ASSESSMENT QUESTIONS Question 9: What resource issues, if any, will there be for public bodies to gather information on their board s diversity and then produce a succession plan for future board appointments? (please give reasons for your answer.) Please provide further comments: for example, what will these resource issues be? In what areas? 24 P age

26 Question 10: Can the impact of any resources issues for public bodies be quantified using existing costing structures? (please tick Yes, No or Don t Know) Yes No Don t Know Please provide further comments: for example, why can existing costing structures be used? Why can they not be used? Question 11: To help with the development of a Business Regulatory Impact Assessment, please provide any other information you think is relevant Please provide further comments: for example, please provide your thoughts on what additional information should be addressed and why EQUALITY IMPACT ASSESSMENT QUESTIONS Question 12: The Scottish Government wants the people of Scotland in all of their diversity to be represented on the boards of public bodies. Do you think there are currently barriers that especially impact on certain groups that would stop them applying for board positions? (please tick Yes, No or Don t Know) Yes No Don t Know Please provide further comments: for example, if yes, which groups and what are the barriers they face? 25 P age

27 Question 13: Do you think there is additional supporting action that could be taken to help certain groups overcome or mitigate these barriers? YES, NO or DON T KNOW (please tick Yes, No or Don t Know) Yes No Don t Know Please provide further comments: If yes, what action and who should take it? Question 14: To help further with the development of our Equality Impact Assessment, please give any other information you think is relevant Please provide further comments: If yes, what action and who should take it? PRIVACY IMPACT ASSESSMENT QUESTIONS Question 15: Do you think there are other factors involved in the data collection process that should be taken into account? (please tick Yes, No or Don t Know) Yes No Don t Know Please provide further comments: for example, if yes, what are they? 26 P age

28 Question 16: Do you think there is additional supporting action that could be taken to help listed public authorities gather and then use board diversity information? YES, NO or DON T KNOW (please tick Yes, No or Don t Know) Yes No Don t Know Please provide further comments: If yes, what action and who should take it? Question 17: To help further with the development of our Privacy Impact Assessment, please give any other information you think is relevant. Please provide further comments: 27 P age

29 Crown copyright 2015 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/opengovernment-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at Any enquiries regarding this publication should be sent to us at The Scottish Government St Andrew s House Edinburgh EH1 3DG ISBN: (web only) Published by The Scottish Government, October 2015 Produced for The Scottish Government by APS Group Scotland, 21 Tennant Street, Edinburgh EH6 5NA PPDAS57693 (10/15) w w w. g o v. s c o t

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