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This page was last updated on 23 January 2006

Legal work


Our legal team deals with applications by individuals in Scotland for legal advice, assistance and representation.  It aims to provide support to racial equality councils and others by providing regular training and legal updates, in addition to technical input on the Race Relations Act 1976, in the context of individual cases. The legal team welcomes requests for technical legal input from other individuals and organisations in connection with the Race Relations Act 1976.

We work closely with others in CRE Scotland to develop legal policy and follow up work; we also ensure that legal developments inform the work of other officers in the CRE Scotland team.

The legal team in Edinburgh also has responsibility for enforcement of the Race Relations Act 1976, in Scotland. We have powers to conduct formal investigations into organisations, companies or sectors, to seek interdicts to prevent unlawful racial discrimination and to take action in relation to discriminatory advertisements and pressure/instructions to discriminate.

Scottish Gypsy Travellers

Gypsies and Travellers: A Draft Strategy for the CRE in Scotland, 2005 – 2007sets out one of the legal team’s key priorities, which is to take or support an appropriate test case that will explicitly recognise Scottish Gypsy Travellers as a distinct racial group which are legally protected under the Race Relations Act 1976.

We recognise the challenges involved in identifying and succeeding with an appropriate test case. Clearly not every case involving Scottish Gypsy Travellers that is brought to us will be appropriate to pursue as a test case. We will carefully consider every case that is brought to our attention as part of our efforts to find the necessary test case.

While the legal situation regarding Scottish Gypsy Travellers need to be clarified, public authorities should be clear that the Scottish Parliament, Scottish Executive, Association of Chief Police Officers Scotland and the Convention of Scottish Local Authorities have all recommend that in relation to policy matters Scottish Gypsy Travellers should be treated as a racial group.

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Jigsaw made up of faces of people from different racial groups