The Race Relations Act 1976 (Statutory Duties) Order 2001

• Citation: S.I. 2001/3458
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Race Relations Act 1976 (Statutory Duties) Order 2001 and shall come into force on 3rd December 2001.

(2) In this Order—

“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); 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.

Section 2 Race equality schemes

(1) A body or other person specified in Schedule 1 to this Order shall, before 31st May 2002, 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) 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) 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 2002, and within each further period of three years, review the assessment referred to in paragraph (2)(a).

Section 3 Educational bodies

(1) A body specified in Part I or II of Schedule 2 to this Order shall, before 31st May 2002,

(a) prepare a written statement of its policy for promoting race equality (referred to in this article as its “race equality policy”), and

(b) have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (3) or (4), as the case may be.

(2) Such a body shall,

(a) maintain a copy of the statement, and

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

(3) It shall be the duty of a body specified in Part I of Schedule 2 to this Order to—

(a) assess the impact of its policies, including its race equality policy, on pupils, staff and parents of different racial groups including, in particular, the impact on attainment levels of such pupils; and

(b) monitor, by reference to their impact on such pupils, staff and parents, the operation of such policies including, in particular, their impact on the attainment levels of such pupils.

(4) It shall be the duty of a body specified in Part II of Schedule 2 to this Order to—

(a) assess the impact of its policies, including its race equality policy, on students and staff of different racial groups;

(b) monitor, by reference to those racial groups, the admission and progress of students and the recruitment and career progress of staff; and

(c) include in its written statement of its race equality policy an indication of its arrangements for publishing that statement and the results of its assessment and monitoring under sub-paragraphs (a) and (b).

(5) Such a body shall take such steps as are reasonably practicable to publish annually the results of its monitoring under this article.

Section 4 Educational bodies

(1) A body specified in Part III, IV or V of Schedule 2 to this Order shall, before 31st May 2002, have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2), (3) or (4), as the case may be, and shall fulfil those duties in accordance with such arrangements.

(2) It shall be the duty of a body specified in Part III of Schedule 2 to this Order to monitor, by reference to the racial groups to which they belong,

(a) the numbers at all maintained schools in its area of—

(i) staff in post, and

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

(b) in the case of all maintained schools in its area which have 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 such schools.

(3) It shall be the duty of a body specified in Part IV of Schedule 2 to this Order to—

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

(4) It shall be the duty of a body specified in Part V of Schedule 2 to this Order to monitor, by reference to the racial groups to which they belong, the numbers of teaching staff from each such group at all educational establishments in respect of which it exercises its functions.

(5) Such a body shall take such steps as are reasonably practicable to publish annually the results of its monitoring under this article.

(6) In this article references to “maintained schools” are references to such schools within the meaning given by section 20(7) of the School Standards and Framework Act 1998 .

Section 5 Monitoring by employers

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

(a) before 31st May 2002, have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2); and

(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) the numbers of—

(i) staff in post, and

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

(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) Subject to paragraph (5), this article applies to a body or other person specified in Schedule 1A to the Race Relations Act .

(5) This article does not apply to—

(a) a body specified in Part I, II or III of Schedule 2;

(b) a person specified in Schedule 3;

(c) a Scottish public authority with mixed functions or no reserved functions, as referred to in section L.2 of Part II of Schedule 5 to the Scotland Act 1998 ; or

(d) a cross-border public authority in relation to the exercise of its Scottish functions within the meaning given by that section.

(6) In paragraph (5) the reference to a “cross-border public authority” is a reference to such an authority within the meaning given by section 88(5) of the Scotland Act 1998.