The Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000, makes it unlawful to discriminate against anyone on grounds of race, colour, nationality (including citizenship), or ethnic or national origin. The Act applies to England, Scotland, Wales, and similar legislation launched for Northern Ireland in 1997. It applies to jobs, training, housing, education and the provision of goods, facilities and services. It is also unlawful for public bodies to discriminate while carrying out any of their functions.
The Race Relations Act applies to anyone providing goods, facilities or services to the public. It is unlawful to be refused a service, or not to be given the same standard of service.
Therefore, the Race Relations Act has clear implications for sports organistions or organistions providing sporting opportunities. It is vital that organisations are aware of the provisions of the Race Relations Act and ensure that they do not discriminate against any inivudal or group of people on the grounds of race, colour, nationality, or ethnic or national origin.
It is important to note that the Race Relations Act does not apply to private clubs, associations and charities set up especially for people of a particular ethnic or national group – therefore, discrimination in these organisations on the basis of nationality or ethnic or national origin is not unlawful. However, discrimination based on colour is unlawful in these types of organisation.
The public sector duty to promote race equality
The Race Relations (Amendment) Act 2000 also placed a general statutory duty on listed public authorities in Scotland – including sportscotland and the local authorities - to promote race equality (‘race equality duty’), and placed additonal specific duties on some of these bodies. The specific duties introduced by the Race Relations Act came into full effect in Scotland on 30 November 2002. For further information on the public sector duty to promote race equality, visit the website of the Equality and Human Rights Commission.
One of the specific duties is to publish a race equality scheme, which sets out how the public body will meet the general duty. In December 2006, sportscotland published its Single Equity Scheme, which incorporates the race equality scheme. This Scheme provides a framework to help sportscotland adopt a mainstreamed approach to equity, including race equity. For more information, visit the Single Equity Scheme at the link on this page.
The race equality duty and non-public sports organisations
As the race equality duty only applies to certain listed public bodies, non-public sports organisations are not under a duty to comply. However, sportscotland strongly believes it is good practice for any organisation to consider how people from different racial and ethnic groups will be affected by all its policies, procedures and activities when these are first being developed. This is especially true if an organisation is in receipt of public investment, or is carrying out a function that could be regarded as a ‘public function’. sportscotland therefore encourages all sports organisations to take this into account when developing and delivering its services, and to take positive steps towards promoting equality of opportunity between people from different racial and ethnic backgrounds.
The Equity Standard: A Framework for Sport can provide sports organisations with some more information on steps that will help them become more equitable when developing and delivering their services. More information on the Equity Standard is available through the link on this page.
Further information on race equality legislation
Further information and advice on the legal framework around disability equality can be obtained from the website of the Equality and Human Rights Commission (EHRC) or from the ACAS website, the links to which are available on this page.
In 2007, sportscotland and UK Sport jointly produced ‘Equalities Legislation: A Guidance for Governing Bodies of Sport.’ This summarises the key legislation as it affects SGBs, and can be downloaded from this page. Alternatively, contact sportscotland’s communications team on 0131 317 7200 for a hard copy. Copies in alternative languages and formats are available on request.