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Publication - Impact assessment

Judicial Factors (Scotland) Bill: equality impact assessment

Published
11 December 2023
Directorate
Justice Directorate
Topic
Law and order
ISBN
9781835217689

Details of the equality impact assessment (EQIA) carried out in relation to the Judicial Factors (Scotland) Bill.

View supporting documents Supporting documents

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of their age?

Age Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation X The Bill introduces a statutory framework which sets out clearly the essential features of the office of judicial factor, and the broad parameters within which it should operate. It does not directly or indirectly address discrimination, harassment or victimisation. Currently, a judicial factor may be appointed to manage the estate of a young person and the new regime will apply to any such appointments. Under section 9(5)(a) of the Children (Scotland) Act 1995, for example, the Accountant may apply to the court for the appointment of a judicial factor to administer property owned by or due to a child. In 2022, there was one active judicial factory under the Children (Scotland) Act 1995. The court appointment of a judicial factor who is subject to the ongoing supervision of the Accountant provides a high degree of protection for persons who are vulnerable because of their age.
Advancing equality of opportunity X The policy intention of the Bill does not directly or indirectly impact on advancing equality of opportunity.
Promoting good relations among and between different age groups X The policy intention of the Bill does not directly or indirectly promote good relations within different age groups, however, judicial factors are sometimes appointed to hold and manage property for children. The Bill will bring clarity as to the appropriate processes to be followed and to which powers and duties the judicial factor has while being more user-friendly, resulting in all those coming into contact with it being better informed about it.

Do you think that the policy impacts disabled people?

Disability Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation X The Bill introduces a statutory framework which sets out clearly the essential features of the office of judicial factor, and the broad parameters within which it should operate. It does not directly or indirectly address discrimination, harassment or victimisation of disabled people.
Advancing equality of opportunity X The Bill does not directly or indirectly impact on advancing equality of opportunity for disabled people.
Promoting good relations among and between disabled and non-disabled people X The policy intention of the Bill does not directly or indirectly promote good relations between disabled and non-disabled people.

Do you think that the policy impacts on men and women in different ways?

Sex Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X The Bill introduces a statutory framework which sets out clearly the essential features of the office of judicial factor, and the broad parameters within which it should operate. It does not directly or indirectly address this form of discrimination.
Advancing equality of opportunity X The policy intention of the Bill does not directly or indirectly impact on advancing equality of opportunity.
Promoting good relations between men and women X The policy intention of the Bill does not directly or indirectly address relations between men and women.

Do you think that the policy impacts on women because of pregnancy and maternity?

Pregnancy and Maternity Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X The Bill introduces a statutory framework which sets out clearly the essential features of the office of judicial factor, and the broad parameters within which it should operate. It does not directly or indirectly address discrimination against women because of pregnancy and maternity.
Advancing equality of opportunity X The policy intention of the Bill does not directly or indirectly address equality of opportunity in terms of pregnancy and maternity.
Promoting good relations X There is no evidence that the Bill would directly or indirectly promote good relations.

Do you think your policy impacts on transsexual people?

Gender reassignment Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X The Bill introduces a statutory framework which sets out clearly the essential features of the office of judicial factor, and the broad parameters within which it should operate. It does not directly or indirectly address discrimination against transsexual people.
Advancing equality of opportunity X The policy intention of the Bill does not directly or indirectly address equality of opportunity for transsexual individuals.
Promoting good relations X The Bill does not have any direct or indirect impact on promoting good relations.

Do you think that the policy impacts on people because of their sexual orientation?

Sexual orientation Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X The Bill introduces a statutory framework which sets out clearly the essential features of the office of judicial factor, and the broad parameters within which it should operate. It does not directly or indirectly address discrimination on grounds of sexual orientation.
Advancing equality of opportunity X The policy intention of the Bill does not directly or indirectly advance equality of opportunity in terms of sexual orientation.
Promoting good relations X The policy intention of the Bill does not directly or indirectly promote good relations.

Do you think the policy impacts on people on the grounds of their race?

Race Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X The Bill introduces a statutory framework which sets out clearly the essential features of the office of judicial factor, and the broad parameters within which it should operate. It does not have any direct or indirect impact on this protected characteristic.
Advancing equality of opportunity X The policy intention of the Bill does not directly or indirectly advance equality of opportunity in terms of race.
Promoting good race relations X The policy intention of the Bill does not directly or indirectly promote good race relations.

Do you think the policy impacts on people because of their religion or belief?

Religion or belief Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X The Bill introduces a statutory framework which sets out clearly the essential features of the office of judicial factor, and the broad parameters within which it should operate. There is no direct or indirect impact on this protected characteristic.
Advancing equality of opportunity X The policy intention of the Bill does not directly or indirectly address equality of opportunity in relation to religion or belief.
Promoting good relations X The policy intention of the Bill does not directly or indirectly impact on promoting good relations.

Do you think the policy impacts on people because of their marriage or civil partnership?

Marriage and Civil Partnership[2] Positive Negative None Reasons for your decision
Eliminating unlawful discrimination X The Bill introduces a statutory framework which sets out clearly the essential features of the office of judicial factor, and the broad parameters within which it should operate. The policy intention of the Bill does not directly or indirectly impact on marriage or civil partnership.

Contact

Email: michael.paparakis@gov.scot

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