Landscapes Wales

Overview of the Equality Act and important Welsh Legislation and Plans

This is where you can find lots of information on what law, duties, and plans are in place to help map and guide you on your journey.

The Equality Act (including the Public Sector Equality Duty and Socio-Economic Duty)

The Equality Act 2010 places duties on employers, service providers and those carrying out public functions (and others) to protect people from unlawful discrimination, harassment, and victimisation on the basis of nine protected characteristics:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

The Equality and Human Rights Commission (EHRC) and Acas have a wealth of up to date information, videos and guidance on equality and discrimination across all the protected characteristics:

A useful video overview of the Equality Act: An introduction to the Equality Act 2010 (youtube.com)

A video overview of protected characteristics: Protected characteristics – YouTube

The Public Sector Equality Duty (PSED)

The Equality Act 2010 makes it a legal requirement for public authorities to comply with the Public Sector Equality Duty (PSED). This is in addition to their duty not to discriminate. The EHRC acts as the regulator which ensures compliance and delivery of actions which support PSED –  consequences of non-compliance can into legal enforcement, judicial review, costs and reputational damage.

The PSED has two parts:

  • The general duty
  • Specific duties

The general duty

The three aims of the general duty are to make sure that public authorities have due regard to the need to:

  • Eliminate unlawful discrimination, harassment and victimization and other conduct that is prohibited by the Act
  • Advance equal opportunities between people who have a protected characteristic and those who do not
  • Foster good relations between people who have a protected characteristic and those who do not

On a day to day basis, this means that public bodies must consider and keep reviewing how they are positively promoting equality in e.g.:

  • Decision-making
  • Internal and external policies
  • Procuring goods and services
  • The services they provide
  • Recruitment, promotion and performance management of employees

Relevant public bodies are encouraged to:

  • Set out a transparent evidence trail for all decisions made that may have equality implications.

Integrated/Equality Impact Assessments are an opportunity to:

    • Explore the potential for positive impact
    • Be able to remove / mitigate negative impact
    • Record evidence and discussion to demonstrate how due regard to the PSED has been given, including records of changes made to the decision.
    • Engage with relevant individuals/groups with protected characteristics

Think about inclusion in your decision making: are we as a public body and as individuals doing enough?

The specific duties

The purpose of the specific duties (also known as the Wales Specific Equality Duties) is to help public authorities improve their performance on the general duties, requiring for example:

  • The publication of equality objectives and a strategic equality plan (annually reported on)
  • Assess and monitor policies and practices
  • Engagement requirements with respect to the above
  • Collection of equality data, and more.

Although the ‘general duty’ drives sound decision-making in relation to equalities, encouraging public bodies to gain a better understanding of how people with different protected characteristics might be affected by the design and delivery of policies and services,  it does not specify consideration of the impact of decisions on those individuals who experience socio-economic disadvantage.

The Socio-economic Duty

In summary, the Duty places a legal responsibility on bodies when they are taking strategic decisions to have due regard to the need to reduce the inequalities of outcome resulting from socio-economic disadvantage. This might involve considering the impact of development plans on affordable housing, employment opportunities, or access to local services, recreational opportunities, and considering the socio-economic impacts of tourism on local communities. 

It’s worth noting that National Park Authorities already have a duty to foster the economic and social well-being of local communities, and the Socio-economic Duty reinforces this by requiring them to consider the impact of their decisions on those experiencing disadvantage.

The Well-being of Future Generations (Wales) Act 2015

The Act remains a key driver for policy and legislation in Wales. It details the ways in which specified public bodies must work to improve the well-being of Wales. The 7 well-being goals and 5 ways of working provided by the Act are designed to support and deliver a public service that meets the needs of the present without compromising the future of Wales to come. The Socio-economic Duty further supports the common purpose and ways of working.

The Welsh Government’s long-term aim is to build a Wales where everyone can live healthy, prosperous and rewarding lives, redress inequalities and create a fairer Wales.

One of the five ways of working includes:

Involvement: Well-being Objectives can only be achieved by proactively involving and listening to people.

The legal purposes of Designated Landscapes

ADD MORE HERE! National Parks – WLGA

National Parks have two legal purposes:

  • To conserve and enhance the natural beauty, wildlife and cultural heritage
  • To promote opportunities for the public understanding and enjoyment of the special qualities of the Parks

In cases where conflict exists between the two purposes and reconciliation proves impossible, the first purpose should take precedence – this is known as the Sandford Principle.

Our most special landscapes are living and working communities, they protect nature and climate, and provide opportunities for all to enjoy time together, breathe and connect – our natural health service!

Useful legislation links:

Action plans:

Strategies: