The Race Relations Act 1976 (Statutory Duties) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/3006

2003 No. 3006

RACE RELATIONS

The Race Relations Act 1976 (Statutory Duties) Order 2003

Made 24th November 2003

Laid before Parliament 26th November 2003

Coming into force 31th December 2003

The Secretary of State, in exercise of the powers conferred upon him by section 71(2) and (3) of the Race Relations Act 19761, after consultation with the National Assembly for Wales and with the consent of the Assembly2, and after consultation with the Commission for Racial Equality3, hereby makes the following Order:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Race Relations Act 1976 (Statutory Duties) Order 2003 and shall come into force on 31st December 2003.

(2) In this Order—

“the Assembly” means the National Assembly for Wales;

“the Race Relations Act” means the Race Relations Act 1976;

“staff” includes any person treated as an employee for the purposes of Part II of the Race Relations Act (discrimination in the employment field);

“the 2001 Order” means the Race Relations Act 1976 (Statutory Duties) Order 20014, and

references to “150 full-time staff” are references to such number of staff as would, if the hours they work were aggregated, amount to 150 staff working on a full-time basis.

S-2 Race equality schemes

Race equality schemes

2.—(1) A body or other person specified in Schedule 1 to this Order shall, before 31st May 2004, publish a Race Equality Scheme, that is a scheme showing how it intends to fulfil its duties under section 71(1) of the Race Relations Act and this Order.

(2) A Race Equality Scheme shall state, in particular—

(a)

(a) those of its functions and policies, or proposed policies, which that person has assessed as relevant to its performance of the duty imposed by section 71(1) of the Race Relations Act; and

(b)

(b) that person’s arrangements for—

(i) assessing and consulting on the likely impact of its proposed policies on the promotion of race equality;

(ii) monitoring its policies for any adverse impact on the promotion of race equality;

(iii) publishing the results of such assessments and consultation as are mentioned in sub-paragraph (i) and of such monitoring as is mentioned in sub-paragraph (ii);

(iv) ensuring public access to information and services which it provides; and

(v) training staff in connection with the duties imposed by section 71(1) of the Race Relations Act and this Order.

(3) Such a person shall, within a period of three years from 31st May 2004, and within each further period of three years, review the assessment referred to in paragraph (2)(a).

S-3 Education

Education

3.—(1) The Assembly shall, before 31st May 2004, have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2) and shall fulfil those duties in accordance with such arrangements.

(2) It shall be the duty of the Assembly to—

(a)

(a) monitor, by reference to the racial groups to which they belong, the numbers of teaching staff from each such group at all maintained schools in respect of which it exercises its functions; and

(b)

(b) take such steps as are reasonably practicable to use, for that purpose, data provided by Local Education Authorities.

(3) The Assembly shall take such steps as are reasonably practicable to publish annually the results of its monitoring under paragraph (2).

(4) In paragraph (2) the reference to “maintained schools” is a reference to such schools within the meaning given by section 20 (7) of the School Standards and Framework Act 19985.

S-4 Monitoring by employers

Monitoring by employers

4.—(1) A person to which this article applies shall,

(a)

(a) before 31st May 2004 have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2); and

(b)

(b) fulfil those duties in accordance with such arrangements.

(2) It shall be the duty of such a person to monitor, by reference to the racial groups to which they belong,

(a)

(a) the numbers of—

(i) staff in post, and

(ii) applicants for employment, training and promotion, from each such group, and

(b)

(b) where that person has 150 or more full-time staff, the numbers of staff from each such group who—

(i) receive training;

(ii) benefit or suffer detriment as a result of its performance assessment procedures;

(iii) are involved in grievance procedures;

(iv) are the subject of disciplinary procedures; or

(v) cease employment with that person.

(3) Such a person shall publish annually the results of its monitoring under paragraph (2).

(4)...

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