The Fairer Scotland Duty relates to socioeconomic disadvantage. Particular public bodies in Scotland have a legal responsibility to consider how they can reduce inequalities of outcome. This applies to decisions of a strategic nature. It came into force on 1 April 2018 and does not cover decisions made before this date. It does not override other considerations such as equality or Best Value.
The Fairer Scotland Duty is set out under Part 1 of the Equality Act 2010 (as the ‘public sector duty regarding socio-economic inequalities’). Commonly it has been called ‘the socio-economic duty’, but the proper term is the Fairer Scotland Duty.
Fewer public authorities have the Fairer Scotland Duty than have the public sector equality duty, but the Authority has the Fairer Scotland Duty. Where applicable, the Authority must publish a written assessment showing active consideration of how to reduce the inequalities of outcome caused by socio-economic disadvantage in any major strategic decision.
The Regulator for the Fairer Scotland Duty is the Equality and Human Rights Commission (EHRC); this body is involved in monitoring and developing best practice.