Section 31 Assessment of HM Treasury: Terms of Reference
The Assessment has the following Terms of Reference (TORs), these explain the scope and the purpose of the Assessment:
- Assess the extent to which, and the manner in which, HM Treasury has met the Public Sector Equality Duties in carrying out its functions in relation to the 2010 Spending Review, but having regard to any relevant prior fiscal events and analysis including the Government's emergency Budget, where appropriate.
- Assess the extent to which, and the manner in which, HM Treasury has taken into account equality considerations when assessing policy options in relation to the functions referred to in TOR 1 (above).
- Determine at what stages of policy formation, refinement, development and implementation the Public Sector Equality Duties are relevant and whether HM Treasury has taken proportionate action, within the context of its functions, to:
► gather evidence to enable it to make decisions which have due regard to the need to promote equality of opportunity
► use relevant data to analyse the impact on diversity of public spending, of tax and of policies for promoting productivity and growth
► consider policy options or mitigating actions
- Consider whether and to what extent it is within HM Treasury’s functions to assess the cumulative impact of Government policies, and if so, whether it has had due regard to the Public Sector Equality Duties in that function.
- Where HM Treasury relies on any other department to identify and consider any disproportionate impact of any of its proposals or policies in relation to the functions referred to in TOR 1 and take such mitigating steps as are necessary, to assess:
► the extent to which it is proportionate, appropriate and/or timely, to leave that assessment to that other department or departments
► the extent to which within the context of HM Treasury’s functions it has aided and facilitated that other department or departments to do so
- Identify areas of good practice, if any, in complying with the Public Sector Equality Duties
- Identify areas of non-compliance, if any, with the Public Sector Equality Duties.
 The general public sector equality duties include the duties under s. 71(1) of the Race Relations Act 1976, s. 76A of the Sex Discrimination Act 1975, and s. 49A of the Disability Discrimination Act 1995 (as amended).