Commentary on provisions of Act Section 38: Public sector duty regarding socio-economic inequalities
This section sets out arrangements for the commencement and implementation of Part 1 of the 2010 Act in Scotland (socio-economic inequalities), which this section amends. That Part of the 2010 Act, which will enable the Scottish Ministers to impose the socio-economic duty on public bodies exercising devolved functions, is already devolved, but there had not until now been an available mechanism for the Scottish Ministers to commence the provision as it related to those bodies.
	Subsection (4) amends section 1 of the 2010 Act by providing that the Scottish Ministers may issue guidance to public authorities exercising devolved Scottish functions on how to fulfil the duty. Where the function concerned is not devolved, the authority must follow guidance issued by a Minister of the Crown.
	Subsections (5) to (8) amend section 2 of the 2010 Act by removing the requirement that Scottish Ministers consult a Minister of the Crown prior to making regulations under Part 1 of the 2010 Act and make consequential amendments.
	In relation to commencement, subsection (9) amends section 216 of the 2010 Act (commencement) to ensure that the Scottish Ministers may commence Part 1, which will be by order, at a time of their choosing.
	Subsections (9) and (10) also make consequential amendments to deal with the procedure applicable to the powers of the Scottish Ministers under the 2010 Act.