Gender Representation on Public Boards (Scotland) Act 2018: statutory guidance

Footnotes

1. The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, SSI 2012 No. 162, as amended by The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2016, SSI 2016 No. 159.

2. For Women Scotland Limited v. The Lord Advocate and The Scottish Ministers, (2022) CSIH 4.

3. Under section 11 of the Equality Act 2010, in relation to the protected characteristic of sex, a person who has a particular protected characteristic is a reference to a man or to a woman.

4. Under section 212(1) of the Equality Act 2010, "woman" means a female of any age.

5. Under section 9(1) of the Gender Recognition Act 2004, where a full gender recognition certificate is issued to a person, the person's gender becomes for all purposes the acquired gender (so that, if the acquired gender is the male gender, the person's sex becomes that of a man and, if it is the female gender, the person's sex becomes that of a woman).

6. The Gender Representation on Public Boards (Scotland Act 2018 (Reports) Regulations 2020, SSI 2020 No. 120.

7. The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, SSI 2012 No. 162.

8. The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2016, SSI 2016 No. 159.

9. Corporate Culture and the Role of Boards, Financial Reporting Council, July 2016, URL: https://www.frc.org.uk/getattachment/3851b9c5-92d3-4695-aeb2-87c9052dc8c1/Corporate-Culture-and-the-Role-of-Boards-Report-of-Observations.pdf (last accessed 13/04/2022)

10. 2013 Code of Practice for Ministerial Appointments to Public Bodies in Scotland, The Ethical Standards Commissioner, October 2013, URL: https://www.ethicalstandards.org.uk/publication/2013-code-practice-ministerial-appointments-public-bodies-scotland (last accessed 13/04/2022).

11. Guidance on the 2013 Code of Practice, The Ethical Standards Commissioner, May 2020, URL: https://www.ethicalstandards.org.uk/publication/revised-statutory-guidance-application-code-2020-version (last accessed 13/04/2022).

12. Diversity Delivers: A strategy for enhancing equality of opportunity in Scotland's ministerial public appointments process, The Ethical Standards Commissioner, August 2008, URL: https://www.ethicalstandards.org.uk/publication/diversity-delivers (last accessed 13/04/2022).

13. The Scottish Code of Good Higher Education Governance: Governance Code and Supporting Guidelines for Members of the Governing Bodies of Higher Education Institutions in Scotland, July 2013, URL: http://www.scottishuniversitygovernance.ac.uk/wp-content/uploads/2013/07/Scottish-Code-of-Good-HE-Governance.pdf (last accessed 13/04/2022).

14. College sector board appointments – ministerial guidance, The Scottish Government, August 2014, URL: https://www.gov.scot/publications/college-board-appointments-guidance/ (last accessed 13/04/2022).

15. How to improve board diversity: a six step guide to good practice, The Equality and Human Rights Commission, April 2016, URL: https://www.equalityhumanrights.com/en/advice-and-guidance/how-improve-board-diversity-six-step-guide-good-practice (last accessed 13/04/2022).

16. Appointments to Boards and Equality Law, The Equality and Human Rights Commission, July 2014, URL: https://www.equalityhumanrights.com/en/publication-download/appointments-boards-and-equality-law (last accessed 13/04/2022).

17. Succession planning for public body boards: guidance, The Scottish Government, January 2017, URL: https://www.gov.scot/publications/guidance-succession-planning-public-body-boards/ (last accessed 13/04/2022).

18. This relates only to the single authority Regional Transport Partnerships (RTPs), Swestrans and Zettrans.

19. Ibid

20. Ibid