Legislation and Policy Context

Legislation

Equality Act 2010 and Public Sector Equality Duty

The Equality Act 2010 legally protects people from discrimination, both in the workplace and in wider society. It ensures that individuals with the following nine protected characteristics are not indirectly or directly discriminated against:

  • Age: This refers to persons defined by either a particular age or a range of ages.
  • Disability: A disabled person is defined as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.
  • Gender Reassignment : This refers to people who are proposing to undergo, are undergoing, or have undergone a process for the purpose of reassigning their gender identity.
  • Marriage and Civil Partnership: Marriage can be between a man and a woman, or between two people of the same sex. Same-sex couples can also have a civil partnership, although the Civil Partnership (Scotland) Bill was introduced to the Scottish Parliament in October 2019 to extend the rights of civil partnership to mixed-sex couples (which would be in line with a Supreme Court ruling in June 2018, which stated that allowing only same-sex couples to enter a civil partnership is incompatible with the European Convention on Human Rights). Civil partners must not be treated less favourably than married couples.
  • Pregnancy and Maternity : Pregnancy is the condition of being pregnant and expecting a baby. Maternity refers to the period after the birth. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth.
  • Race : The Equality Act 2010 defines race as encompassing colour, nationality (including citizenship) and ethnic or national origins.
  • Religion or Belief: Religion means any religion a person follows. Belief means any religious or philosophical belief, and includes those people who have no formal religion or belief.
  • Sex: This refers to a man or to a woman, or to a group of people of the same sex.
  • Sexual Orientation: A person's sexual orientation relates to their emotional, physical and/or sexual attraction and the expression of that attraction.

Section 149 of the Act sets out the Public Sector Equality Duty (PSED), to which Transport Scotland is subject to in carrying out all its functions, including its work on the A96 Corridor Review. Those subject to the PSED must, in the exercise of their functions, have due regard to the need to:

  1. Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act.
  2. Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it.
  3. Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The three aims of the duty apply to all protected characteristics provided for in Section 149. Although marriage and civil partnership is a protected characteristic under the Equality Act, it is not covered by the PSED and is therefore not considered as part of this EqIA.

The Equality Act 2010 ( Legislation.gov.uk (2010) Equality Act 2010 ) explains that having due regard to the second aim (advancing equality of opportunity) involves:

  • removing or minimising disadvantages affecting people due to their protected characteristics
  • taking steps to meet the needs of people with certain protected characteristics where these are different from the needs of other people
  • encouraging people with certain protected characteristics to participate in public life or in other activities where their participation is disproportionately low.

The PSED requires public bodies to take proactive measures to address inequality and help contribute to the government’s commitment to tackle disadvantage and discrimination, advance equality of opportunity, and encourage good relations between all people.

Technical Guidance on the Public Sector Equality Duty

To support Scottish public authorities in meeting their equality duties, the Equality and Human Rights Commission (EHRC) has produced a guidance document ( Equality and Human Rights Commission (2016) Technical guidance on the Public Sector Equality Duty: Scotland ) providing an authoritative, comprehensive and technical guide to the detail of the law in Scotland.

The guide provides an overview of the Public Sector Equality Duty, including the General Equality Duty, the specific duties and who they apply to. It covers what public authorities should do to meet the duty, including steps that are legally required, as well as recommended actions.

National Policy Context

The section below provides an overview of the most relevant national policies to the A96 Corridor Review. A detailed policy context is provided in the SEqIA Scoping Report (Transport Scotland (2022) A96 Corridor Review Social and Equality Impact Assessment Scoping Report (unpublished)).

National Planning Framework 4 (NPF4)

NPF4 is a long-term plan providing the vision and spatial strategy for Scotland to 2045 and provides guidance to where development and infrastructure should be planned ( Scottish Government (2023) National Planning Framework 4: revised draft ) .

NPF4 identifies six overarching principles to support the delivery of future places. These are:

  • Just transition
  • Conserving and recycling assets;
  • Local living
  • Compact urban growth
  • Rebalanced development
  • Rural revitalisation.

Applying these spatial principles will support the delivery of:

  • Sustainable places where we reduce emissions, restore and better connect biodiversity
  • Liveable places where we can all live better, healthier lives
  • Productive places where we have a greener, fairer and more inclusive wellbeing economy.

National Transport Strategy 2 (NTS2)

NTS2 ( Transport Scotland (2020) National Transport Strategy 2. ) outlines Scotland’s transport vision for the next 20 years through the following four priorities:

  • reduce inequalities
  • taking climate action
  • delivering inclusive economic growth
  • improving health and wellbeing

The following transport challenges are identified through NTS2:

  • Transport can represent significant cost in terms of accessing essential services and plays a crucial part in accessing employment and preventing social isolation.
  • Productivity, labour markets, fair work and skilled workforce, and trade and connectivity: an efficient transport system, that is affordable, fair and inclusive for employers and the workforce will help address some of these challenges.
  • Health and active travel: increasing the number of people walking and cycling, especially for short journeys, can have a big impact on individual health and wellbeing.

Strategic Transport Planning Project Review (STPR)

STPR ( Transport Scotland (2008) Strategic Transport Projects Review. ) outlines Scottish Government’s 29 transport investment priorities over the period to 2032 (Transport Scotland, 2008).

The review recognises the central role of transport; “An efficient transport system is one of the key enablers for enhancing productivity and delivering faster, more sustainable economic growth”.

The following objectives were identified for the corridor between Inverness and Aberdeen specifically to:

  • improve connectivity, particularly by public transport between Inverness city centre and the growth area to the east including Inverness Airport
  • improve journey time and increase opportunities to travel, particularly by public transport, between Aberdeen and Inverness
  • reduce the accident rate and severity rate to current national average.

Strategic Transport Projects Review 2 (STPR2)

The Second Strategic Transport Review ( Transport Scotland (2022) Strategic Transport Projects Review 2. ) informs transport investment in Scotland and helps to deliver the visions, priorities and outcomes set out in the NTS2 (Transport Scotland, 2022).

STPR2 has five key objectives that it aims to address:

  • taking climate action
  • addressing inequalities and accessibility
  • improving health and wellbeing
  • supporting sustainable economic growth
  • increasing safety and resilience.

Over a 20-year period (2022-2042), the SPTR2 aims to:

  • enhance accessibility across Scotland for residents, visitors and businesses
  • create better connectivity with sustainable, smart and cleaner transport options
  • highlight the vital contribution that transport investment can play in enabling and sustaining Scotland’s economic growth.