Gender Equality Duty Code of Practice England and Wales

The final text of the Code of Practice on the Gender Equality Duty for England and Wales has been laid before Parliament and will come into force by virtue of SI 741/2007 on April 6 2007.

The Code is the statutory guidance to public authorities on how to meet the legal requirements of the gender equality duty. It must be used by public authorities to make sure that they are complying with the law.

The Code is admissible in evidence in any legal action under the Sex Discrimination Act 1975 or the Equal Pay Act 1970, in criminal or civil proceedings before any court or tribunal.

A court or tribunal must take into account any part of the Code that appears to them to be relevant to any question arising in the proceedings. This includes the question of whether public authorities have breached the law. A tribunal or court may draw an adverse inference that a breach of the law has occurred if a public authority has failed to follow relevant provisions in the Code. If a public authority does not follow the Code’s provisions, it will need to show how it has otherwise met its legal obligations under the general duty and any specific duties.

The Code will remain in force after the Equal Opportunities Commission has been dissolved and the Commission for Equality and Human Rights (CEHR) takes over responsibility for promoting and enforcing sex equality legislation, in October 2007.

The public authorities who must meet the duties are set out in Appendix D of the Code of Practice. The Government can update this list by issuing new orders. In the criminal justice sector, this currently includes:

• The British Transport Police Authority.
• The Central Police Training and Development Authority (Centrex).
• A chief constable of a police force maintained under Section 2 of the Police Act 1996 for a police area in England.
• The Commissioner of Police for the City of London.
• The Common Council of the City of London, in its capacity as a local authority, a police authority or a port health authority.
• The Commissioner of Police for the Metropolis.
• The Independent Police Complaints Commission.
• A joint authority in England established under Part 4 of the Local Government Act 1985 (police, fire services, civil defence and transport).
• The Metropolitan Police Authority established under Section 5B of the Police Act 1996.
• A police authority established in England under Section 3 of the Police Act 1996.
• The Serious Organised Crime Agency.

There have been significant changes made to the draft duties, the most significant of which is in the design of the pay duty.

This now requires public authorities to address the three causes of the pay gaps, namely: pay discrimination, caring responsibilities and occupational segregation.

The final text of the Code of Practice on the Gender Equality Duty for England and Wales can be found at http://www.eoc.org.uk/Default.aspx?page=19689