(1)An authority to which this section applies must, when making decisions of a strategic nature about how to exercise its functions, have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage.
(2)In deciding how to fulfil a duty to which it is subject under subsection (1), an authority must take into account any guidance issued [F1in accordance with subsection (2A)F1] .
[F2 (2A)The guidance to be taken into account under subsection (2) is—
(a)in the case of a duty imposed on an authority in relation to devolved Scottish functions, guidance issued by the Scottish Ministers;
[F3 (aa)in the case of a duty imposed on an authority in relation to devolved Welsh functions, guidance issued by the Welsh Ministers;F3]
(b)in any other case, guidance issued by a Minister of the Crown.F2]
[F4 (3)The authorities to which this section applies are—
(a)a Minister of the Crown;
(b)a government department other than the Security Service, the Secret Intelligence Service or the Government Communications Head-quarters;
(c)a county council or district council in England;
(d)the Greater London Authority;
(e)a London borough council;
(f)the Common Council of the City of London in its capacity as a local authority;
(g)the Council of the Isles of Scilly;
F5(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k)a [F8 police and crime commissionerF8] established for an area in England.F4]
[F4 (3)The authorities to which this section applies are—
(a)the Scottish Ministers;
(b)Food Standards Scotland;
(c)Keeper of the Registers of Scotland;
(d)National Records of Scotland;
(e)Revenue Scotland;
(f)Scottish Courts and Tribunals Service;
(g)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
(h)an integration joint board established under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014;
(i)a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978;
(j)a Special Health Board constituted under section 2(1)(b) of that Act;
(k)Scottish Police Authority;
(l)Highlands and Islands Enterprise;
(m)Scottish Enterprise.F4]
[F9 (n)Scottish National Investment Bank p.l.c.;
(o)South of Scotland Enterprise.F9]
[F10 (3A)This section also applies to the following authorities—
(a)the Welsh Ministers;
(b)a county council or county borough council in Wales;
[F11 (ba)a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;F11]
(c)a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
(d)an NHS Trust established under section 18 of the National Health Service (Wales) Act 2006;
(e)a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 other than a cross-border Special Health Authority (within the meaning of section 8A(5) of the National Health Service (Wales) Act 2006);
(f)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales;
(g)a National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales;
(h)the Welsh Revenue Authority or Awdurdod Cyllid Cymru.F10]
F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The reference to inequalities in subsection (1) does not include any inequalities experienced by a person as a result of being a person subject to immigration control within the meaning given by section 115(9) of the Immigration and Asylum Act 1999.
23.This section requires specified public bodies, when making strategic decisions such as deciding priorities and setting objectives, to consider how their decisions might help to reduce the inequalities associated with socio-economic disadvantage. Such inequalities could include inequalities in education, health, housing, crime rates, or other matters associated with socio-economic disadvantage. It is for public bodies subject to the duty to determine which socio-economic inequalities they are in a position to influence.
24.The duty applies to the listed public bodies, which have strategic functions – these include Government departments, local authorities and NHS bodies. In addition, the duty applies to other public bodies which work in partnership with a local authority to draw up the sustainable community strategy for an area, when they are drawing up that strategy. These partner public bodies are specified in the Local Government and Public Involvement in Health Act 2007.
25.Public bodies are required to take into account guidance issued by a Minister of the Crown when deciding how to fulfil the duty.
26.The duty does not require public bodies to consider how to reduce inequalities resulting from people being subject to immigration control.
27.This is a new provision.