The Disability Discrimination (Public Authorities) (Statutory Duties) (Amendment) Regulations 2007

Statutory Instruments

2007 No. 618

disabled persons

The Disability Discrimination (Public Authorities) (Statutory Duties) (Amendment) Regulations 2007

Made

28th February 2007

Laid before Parliament

7th March 2007

Coming into force

6th April 2007

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred upon him by sections 49D(1) and (2) and 67(3) of the Disability Discrimination Act 1995(1).

He has consulted the Disability Rights Commission, the National Assembly for Wales and the Scottish Ministers in accordance with section 49D(5), (6) and (8) of that Act.

The National Assembly for Wales has given its consent in accordance with section 49D(7) of that Act.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Disability Discrimination (Public Authorities) (Statutory Duties)(Amendment) Regulations 2007 and shall come into force on 6th April 2007.

(2) In these Regulations, “the 2005 Regulations” means the Disability Discrimination (Public Authorities)(Statutory Duties) Regulations 2005(2).

Disability Equality Schemes

2.  Regulation 2 of the 2005 Regulations (preparation and publication of a Disability Equality Scheme) is amended as follows—

(a) in paragraph (3)(d)(iii), for “Part I of Schedule 1” substitute “Part I or V of Schedule 1”; and

(b) after paragraph (6)(c) insert—

“(d) in the case of a public authority listed in Part V of Schedule 1, 3rd December 2007.”.

Amendments to the list of public authorities in the 2005 Regulations

3.  In Part 1 of Schedule 1 to the 2005 Regulations—

(a) for “the Independent Regulator on NHS Foundation Trusts” substitute “the Independent Regulator of NHS Foundation Trusts”; and

(b) omit the entry for the Royal Mail Group.

Addition of further public authorities to the 2005 Regulations

4.  After Part IV of Schedule 1 to the 2005 Regulations insert the following new Part—

“PART V (authorities added on 6th April 2007)

Archwilydd Cyffredinol Cymru (The Auditor General for Wales)

The Board of the Pension Protection Fund

The Board of Trustees of the Armouries

The British Transport Police Authority

Bwrdd yr Iaith Gymraeg (The Welsh Language Board)

The Children’s Commissioner for England

The Construction Industry Training Board

The Council for Healthcare Regulatory Excellence

Cyngor Addysgu Cyffredinol Cymru (The General Teaching Council for Wales)

The Gambling Commission

The General Chiropractic Council

The General Council of the Bar

The General Optical Council

The Health Protection Agency

The Judicial Appointments Commission

The Judicial Studies Board

The London Organising Committee of the Olympic Games and Paralympic Games

An NHS foundation trust

The National Museums and Galleries on Merseyside

The Olympic Delivery Authority

Passenger Focus (the operating name of the Rail Passengers’ Council established under the Railways Act 2005(3))

The Pensions Ombudsman

The Pensions Regulator

The Postgraduate Medical Education and Training Board

The Quality Improvement Agency

The Sector Skills Development Agency

University for Industry

The Youth Justice Board for England and Wales.”.

Signed by authority of the Secretary of State for Work and Pensions.

Anne C McGuire

Parliamentary Under-Secretary of State,

Department for Work and Pensions

28th February 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Disability Discrimination (Public Authorities)(Statutory Duties) Regulations 2005 (S.I.2005/2966). Those Regulations impose duties on the public authorities listed in Schedule 1 to prepare and publish a Disability Equality Scheme, to revise it at intervals, to implement certain components of the Scheme, and to publish an annual report of progress.

The main purpose of the present Regulations is to add to the list of public authorities to which the duties imposed by the 2005 Regulations apply. The additional public authorities named in new Part V of Schedule 1 to the 2005 Regulations are required to publish a Disability Equality Scheme on or before 3rd December 2007.

A full regulatory impact assessment has not been prepared for this instrument as the costs it imposes on the public, private, charity and voluntary sectors are negligible.

(1)

1995 c.50. Section 49D was inserted by section 3 of the Disability Discrimination Act 2005 (c.13). An amendment to section 49D(5) is made by paragraphs 41 and 48 of Schedule 3 to the Equality Act 2006 (c.3) but is not yet in force. Section 67(3) was amended by paragraphs 1 and 33(1) and (3) of Schedule 1 to the Disability Discrimination Act 2005.

(2)

S.I.2005/2966 amended by S.I. 2006/594 and S.I. 2006/1926.

(3)

2005 c.14.