Gender Representation on Public Boards (Scotland) Act 2018

Document Number:2018 asp 4
 
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The Bill for this Act of the Scottish Parliament was passed by the Parliament on 30 th January 2018 and received Royal Assent on 9 th March 2018

An Act of the Scottish Parliament to make provision about gender representation on boards of Scottish public authorities.

1 Gender representation objective

(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.

2 Key definitions

In this Act—

“appointing person” means, in relation to the function of appointing a non-executive member of a public board, a person who has that function,

“excluded position”, in relation to a public authority, means a position mentioned in the second column of the table in schedule 1 which corresponds with the public authority mentioned in the first column,

“non-executive member”, in relation to a public authority, means a position on its public board—

that is not an excluded position,

that is not held by an employee of the authority,

“public authority” means an authority listed, or within a description listed, in the first column of the table in schedule 1 ,

“public board” means—

if the public authority is a company, the directors,

if the public authority has a statutory board or other equivalent statutory management body, that board or body,

in relation to any other public authority, the membership of the authority,

“woman” includes a person who has the protected characteristic of gender reassignment (within the meaning of section 7 of the Equality Act 2010) if, and only if, the person is living as a woman and is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of becoming female.

3 Duty when appointing non-executive members

(1) Subsection (2) applies where there is—

(a) a vacancy in a position of non-executive member of a public board,

(b) more than one candidate for the position,

(c) at least one candidate who is a woman, and

(d) at 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.

(3) When an appointing person is making more than one appointment—

(a) both or all of those appointments must be taken into account in identifying the number of non-executive members, and

(b) the appointing person must act with a view to achieving (or making progress...

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