 during the debate. The general duty is the key provision, which is in place and is broader than previous duties. The specific duties are designed simply to help public bodies to perform the general duty better.
Lynne Featherstone MP, Parliamentary Under Secretary of State, Minister for Equalities, 11th July 2011 (link to Hansard).
There are different specific duties for bodies in different areas of Great Britain:
Technically, the question is whether the body is listed in EqA Schedule 19 Part 1 (England and non-devolved bodies) Part 2 (Wales), or Part 3 (Scotland) - see below Schedule 19.
Schedule 19 of the Equality Act 2010 lists authorities which are subject to the general duty and can, by regulations, be subjected to 'specific duties'. The general duty goes beyond bodies listed in Schedule 19 in that it also covers companies etc carrying out public functions, but 'specific duties' can only be imposed on bodies listed in Schedule 19. For an unoffical version of the Schedule, including later additions up to April 2011, see Schedule 19 Equality Act 2010, consolidated April 2011 (link to homeoffice.gov.uk/equalities).
Whether the 'specific duties' of an authority are determined by regulations of the Westminster government (English and non-devolved bodies), the Welsh Government or Scottish Government depends on whether the authority is listed in Part 1, 2 or 3 respectively of Schedule 19. This Schedule as amended also has a Part 4 listing 'cross-border authorities'; which government makes regulations for these is designated by a code letter next to the name of the authority, according to EqA s.154.
The courts have been willing to see the PSED, particularly the general duty, as an important obligation with which authorities must comply. It is possible for an individual or organisation to bring an action for judicial review, and the EHRC can enforce the duties. Much more often, however, the duties will be used outside a court context as a basis to question, or complain to an authority about, its lack of regard to disability issues. For more see Enforcing the duty.
There is an issue whether the Localism Bill (link to EHRC briefing) may to some extent lessen the effectiveness of the Public Sector Equality Duty.
The PSED is in addition to the body's obligations under the normal Equality Act rules relating to employment, provision of services, exercise of public functions and education etc. These are the 'individual rights' which form the bulk of the Equality Act, ie they are aimed at creating rights for individuals who have been discriminated against. Where these individual rights apply, it will normally make sense not to focus only on the PSED. (See above What is covered for some idea of the overlap between the PSED and other duties). Although the PSED can be helpful, the authority may well have breached an individual right anyway, such as the obligation to make reasonable adjustments in respect of services or public functions.
A particular strength of the PSED is in requiring disability to be taken into account at the outset when making decisions rather than after the event. Remember though that even without the PSED, the reasonable adjustment duty in respect of services and public functions, for example, is 'anticipatory', even though it can be claimed as an individual right. So authorities - and other service providers - are required to consider needs of disabled people even before a particular individual presents themself. (This can also be the effect of the prohibition on indirect discrimiation, another individual right.) The PSED and individual rights under other parts of the Equality Act may complement each other.
Even if there is no 'anticipatory' obligation, a disabled person may have an individual right under the Equality Act whether or not the PSED applies.
Under previous legislation there were separate equality duties on public bodies. These covered race, disability and gender. The duty relating to disability, the 'Disability Equality Duty', had been in effect since December 2006. These separate duties have now bee