The work of NHS Diabetes has now come to a close and responsibility for this website has transferred to NHS Improving Quality (NHS IQ). Content on this site will remain accessible for up to three months from 1 April 2013 but the site will no longer be regularly updated. For further information or enquiries, please contact enquiries@nhsiq.nhs.uk

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As of April 1st 2013 NHS Diabetes became part of NHS Improving Quality. Please direct your enquiry to enquiries@nhsiq.nhs.uk

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Public Sector Equality Duty

A public sector Equality Duty [1], section 149(1) of the Act, this section states that all listed public authorities [2] must have due regard for the need to:

  • Eliminate discrimination, harassment and victimisation and other conduct prohibited under the Act.
  • Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it.
  • Foster good relations between persons who share a relevant protected characteristic and persons who do not share it



[1] For the purpose of the public sector Equality Duty, the protected characteristics are those listed above with the exception of “marriage and civil partnership”; but NHS bodies must be mindful of the other provisions of the Equality Act that prohibit discrimination on the grounds of marriage or civil partnership.

[2] Public authorities for the purpose of the public sector Equality Duty are listed in Schedule 19 to the Act. PCTs, SHAs, most Special Health Authorities, NHS trusts and NHS foundation trusts are listed as public authorities. The NHS Commissioning Board and all CCGs are expected to be added to the list once they are established in law. In addition, bodies that exercise public functions are subject to the public sector Equality Duty in the exercise of those functions (see section 149(2) of the Act). The provision of commissioned NHS services is a “public function” for the purpose of the Human Rights Act 1998, and a private provider of such services is therefore a hybrid public authority for those purposes.

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