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Section 149 of the British Equality Act 2010 describes the first general component of equality duties, which applies equally to all obligated authorities in England, Scotland and Wales. Its three goals represent the actual content of the duties. These are a necessary and overarching condition in order to comply with the general equality duty itself. According to its goals stated in Section 149, (1) (a) - (c) public authorities must have due regard to

(a) eliminate discrimination, harassment and victimisation

(b) advance equality of opportunity and

(c) foster good relations between persons who are affected by discrimination.

In relation to the advancement of equality of opportunity, Section 149 (3) of the Equality Act 2010 explains that in order to do so public authorities must have due regard to the following aspects:

  • removing or minimising disadvantages suffered by persons affected by discrimination
  • taking steps to meet the needs of who share a relevant protected characteristic that are different from the needs of persons who do not share it, particularly with regard to the needs of disabled persons (Section 149 (4)) and
  • encouraging persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.
  • the promotion of good relations between persons additionally includes the tackling of prejudice and the promotion of understanding (Section 149 (5))

Thus public authorities must consider how to take appropriate measures in order to fulfil these various needs and reduce inequality. The regulations do not prescribe specific procedures. In order to adhere to the duties, however, it is possible to treat some persons more favourably than others (Section 149 (6)).

The following chapter will show which institutions are bound by the equality duties of Section 149 and which characteristics are protected. Additionally it will explain the meaning of “due regard” according to the Brown principles as well as the exceptions of the equality duties application.