The Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005

Preparation and Publication of a Disability Equality Scheme

2.—(1) A public authority specified in Parts I to III of the Schedule to these Regulations shall, on or before the relevant publication date, publish a Disability Equality Scheme (“Scheme”), that is, a scheme showing how it intends to fulfil its section 49A(1) duty and its duties under these Regulations.

(2) Such an authority shall involve in the development of the Scheme those disabled persons who appear to that authority to have an interest in the way it carries out its functions.

(3) The Scheme shall include a statement of–

(a) the ways in which such disabled persons have been involved in its development;

(b) that authority’s methods for assessing the impact of its policies and practices, or the likely impact of its proposed policies and practices, on equality for disabled persons;

(c) the steps which that authority proposes to take towards the fulfilment of its section 49A(1) duty;

(d) that authority’s arrangements for gathering information on the effect of its policies and practices on disabled persons and in particular its arrangements for gathering information on–

(i) their effect on the recruitment, development and retention of its disabled employees,

(ii) their effect, in the case of an authority specified in Parts II or III of the Schedule, on the educational opportunities available to, and on the achievements of, disabled pupils and students; and

(iii) the extent to which, in the case of an authority other than one specified in Parts II or III of the Schedule, the services it provides and those other functions it performs take account of the needs of disabled persons; and

(e) that authority’s arrangements for making use of such information to assist it in the performance of its section 49A(1) duty and, in particular, its arrangements for–

(i) reviewing on a regular basis the effectiveness of the steps referred to in sub paragraph (c), and

(ii) preparing subsequent Schemes.

(4) Such an authority shall review its Scheme and publish a revised Scheme–

(a) no later than the end of the period of three years beginning with the date of publication of its first Scheme; and

(b) subsequently at intervals of not more than three years beginning with the date of publication of the last revision of the Scheme.

(5) Such an authority may comply with the duty to publish under paragraph (1) or (4) by setting out its Scheme as part of another published document or within a number of other published documents.

(6) In this regulation, “the relevant publication date” means 4th December 2006.