Disability Discrimination Act 1995

[F2 49A General duty E+W+S

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E1 This section extended to England, Wales and Scotland only; a separate s. 49A exists for Northern Ireland only.

Textual Amendments

F2 Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 3, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I. 2005/2774, arts. 3(b), 4(a) [Editorial note: The E.W.S versions of ss. 49C-49F were inserted along with the Part heading "Pt. 5A Public authorities" and should appear under that heading]

F3 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F1 49A General duty N.I.

(1) Every public authority shall in carrying out its functions have due regard to—

(a) the need to promote positive attitudes towards disabled persons; and

(b) the need to encourage participation by disabled persons in public life.

(2) Subsection (1) does not apply to—

(a) the functions of the Director of Public Prosecutions for Northern Ireland relating to the prosecution of offences; or

(b) any act of a description prescribed by regulations.

(3) Subsection (1) is without prejudice to any obligation of a public authority to comply with any other statutory provision (including any other provision of this Act).

(4) The Commission shall—

(a) keep under review the effectiveness of the duty imposed by this section;

(b) offer advice to public authorities and others in connection with that duty.

(5) Not later than 3 years after the appointed day, the Commission shall prepare and publish a report on the effectiveness of the duty imposed by this section.

(6) In this section—

• “the appointed day” means the day appointed under Article 1(2) of the Disability Discrimination (Northern Ireland) Order 2006 for the coming into operation of Article 5 of that Order;

• “the Commission” means the Equality Commission for Northern Ireland;

• “public authority” has the same meaning as in section 75 of the Northern Ireland Act 1998 (c. 47).]