Bankruptcy and Diligence (Scotland) Bill: equality impact assessment

Executive Summary

3. The public sector equality duty requires the Scottish Government to assess the impact of applying a proposed new or revised policy or practice. Equality legislation covers the protected characteristics of: age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, sex, sexual orientation and religion and belief.

4. This Equality Impact Assessment (EQIA) has considered the potential impacts of the on each of the protected characteristics. The provisions and how they impact on people across the protected characteristics are set out under the key findings.

5. There have been no negative impacts identified for any of the equality groups and the measures included have not been assessed as directly or indirectly discriminatory under the Equality Act 2010. The changes introduced are primarily associated with creating the power to introduce protection for those experiencing serious mental health issues and problem debt, streamlining diligence processes and reducing associated costs, and correcting minor errors and ambiguity in the Bankruptcy (Scotland) Act 2016 ("the 2016 Act").

6. The Bill brings forward an enabling power to introduce a mental health moratorium. The parameters of the new protection are to be determined in consultation with the Scottish Government, professionals in the mental health sector and other stakeholders before regulations are brought forward in exercise of the power. The development of the regulations will be informed by the duty to give due regard to eliminating discrimination, promoting equality of opportunity and fostering good relations, as required by the Equality Act. Statutory debt solutions and diligence measures are generally accessible to all, irrespective of their age, race, gender, disability or sexual orientation.