National policy
- Christie Commission 2011 – Christie Commission on the future delivery of public services, public service reform.
- Community Empowerment Act (Scotland) 2015 – empowering community bodies through the ownership or control of land and buildings and by strengthening their voices in decisions about public services.
National standards for community engagement
National Standards for Community Engagement – good practice principles designed to improve and guide the process of community engagement, the 7 standards show what good engagement looks like and how to do it.
- Integrity – The consultation must have an honest intention. Consultors must be willing to listen and be prepared to be influenced.
- Visibility – All who have a right to participate should be made reasonably aware of the consultation.
- Accessibility – Consultees must have reasonable access, using methods appropriate for the intended audience and with effective means to cater for all.
- Transparency – Consultation submissions will be publicised unless specific exemptions apply.
- Disclosure – Consultors must disclose all material information. Consultees must disclose significant minority views when representing many parties.
- Fair Interpretation – Objective assessment, with disclosure of weightings if used.
- Publication – Participants have a right to receive feedback of the consultation output and of the eventual outcome of the process.
Equalities
The National Standards for Community Engagement recommends that measures are taken to involve groups with protected characteristics. This refers to the Equality Act 2010, which provides protection from unlawful discrimination and harassment to groups and individuals because of a protected characteristic and also aims to foster good relations.
The protected characteristics are: age, disability, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief and sexual orientation.
- Equality Act 2010 guidance – GOV.UK – Information and guidance on the Equality Act 2010, including age discrimination and public sector Equality Duty.
A standard set of equalities questions has been developed for use in engagement:
Further information on equalities can be found at: Equality legislation and reporting
Key legislation
Community Empowerment (Scotland) Act 2015 – empowering community bodies through the ownership or control of land and buildings and by strengthening their voices in decisions about public services.
Equality Act 2010 – Information and guidance on the Equality Act 2010, including age discrimination and public sector Equality Duty.
The Equality Act 2010 (Authorities subject to the Socio-economic Inequality Duty) (Scotland) Regulations 2018 (legislation.gov.uk) part of the Equality Act 2010, public sector duty to reduce the inequalities of outcome which result from socio-economic disadvantage.
Islands (Scotland) Act 2018 (legislation.gov.uk) An Act of the Scottish Parliament to make provision for a national islands plan; to impose duties in relation to island communities on certain public authorities; to make provision about the electoral representation of island communities; and to establish a licensing scheme in respect of marine development adjacent to islands.
Planning(Scotland) Act 2019 An Act of the Scottish Parliament to make provision about how land is developed and used
United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (legislation.gov.uk) – An Act of the Scottish Parliament to incorporate in Scots law rights and obligations set out in the United Nations Convention on the Rights of the Child; to make related provision to ensure compliance with duties relating to the Convention; and for connected purposes.
Criminal Justice and Licensing (Scotland) Act 2010 An Act of the Scottish Parliament to make provision about sentencing, offenders and defaulters; to make provision about criminal law, procedure and evidence; to make provision about criminal justice and the investigation of crime (including police functions); to amend the law relating to the licensing of certain activities by local authorities; to amend the law relating to the sale of alcohol; and for connected purposes.
Fair Work First guidance – gov.scot Employment Rights Act 1996 and Fair Work First – Guidance to encourage and support employers to adopt fair work practices within their organisation, focusing on the Fair Work First criteria.
Through Fair Work First, the Scottish Government is primarily interested in the action the employer is taking to deliver high quality and fair work, and workforce diversity.
Forthcoming legislation – the Consumer Duty