THE BOTTOM LINE
- Expanded Scope: The Scottish Government is widening the net of organisations subject to specific, stringent equality duties, with the government-funded company Zero Waste Scotland being the latest addition.
- New Compliance Burden: Newly designated listed authorities must publicly report on progress in embedding equality, publish specific equality outcomes, and disclose gender pay gap information, creating significant new administrative and governance requirements.
- A Sign of Things to Come: This move signals that organisations with close ties to the public sector, including government contractors and funded bodies, could be next in line for these mandatory reporting duties, making proactive compliance a strategic advantage.
THE DETAILS
Effective from 1 December 2025, new regulations in Scotland will officially add Zero Waste Scotland to the list of public authorities subject to specific duties under the Equality Act 2010. These new rules, The Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2025, formally apply the Public Sector Equality Duty (PSED) to the environmental body. This means the organisation is no longer just encouraged to consider equality but is legally required to demonstrate how it actively promotes it through its functions, policies, and employment practices.
For a newly listed authority like Zero Waste Scotland, this designation triggers a series of demanding and transparent reporting obligations. The organisation will be required to publish its first report on mainstreaming the equality duty by April 2026, setting out how fairness and non-discrimination are being integrated into its day-to-day operations. It must also develop and publish a set of measurable equality outcomes by the same deadline and report on progress every two years thereafter. Furthermore, the regulations mandate the publication of gender pay gap information and statements on its equal pay policy, bringing its employment practices under public scrutiny.
The strategic implication for lawyers and CEOs extends far beyond this single organisation. By designating a government-funded limited company, the Scottish Government is demonstrating a clear intent to apply public sector standards of transparency and accountability to a broader range of bodies that perform public functions or receive public funds. This development should serve as a crucial heads-up for other companies and third-sector organisations operating in this sphere. Proactively aligning internal policies with PSED principles is no longer just good corporate governance—it is a strategic preparation for a regulatory environment where these duties are becoming the norm.
SOURCE
Source: The King’s Printer for Scotland
