F1F2Part 5APublic authorities

Annotations:
Amendments (Textual)
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]

49AF2General duty

1

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

a

the need to eliminate F3unlawful discrimination and victimisation;

b

the need to eliminate harassment of disabled persons that is related to their disabilities;

c

the need to promote equality of opportunity between disabled persons and other persons;

d

the need to take steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons;

e

the need to promote positive attitudes towards disabled persons; and

f

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

2

Subsection (1) is without prejudice to any obligation of a public authority to comply with any F4 provision of the Equality Act 2010 (“the 2010 Act”), so far as relating to disability.

F53

In this section—

a

“discrimination” means disability discrimination within the meaning of sections 25(2)(a), (b) and (d) of the 2010 Act;

b

“disability” and “disabled person” each have the same meaning as in section 6 of the 2010 Act; and

c

“victimisation” means victimisation within the meaning of section 27 of that Act where the protected act in question relates to disability.

49AF1General duty

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).

49BF2Meaning of “public authority” in Part 5A

1

In this Part “public authority”—

a

includes any person certain of whose functions are functions of a public nature; but

b

does not include—

i

any person mentioned in section 21B(3);

ii

the Scottish Parliament; F6. . .

iii

a person, other than the Scottish Parliamentary Corporate Body, exercising functions in connection with proceedings in the Scottish Parliament.

F7iv

the National Assembly for Wales; or

v

a person, other than the National Assembly for Wales Commission, exercising functions in connection with proceedings in the National Assembly for Wales

2

In relation to a particular act, a person is not a public authority by virtue only of subsection (1)(a) if the nature of the act is private.

3

Regulations may provide for a person of a prescribed description to be treated as not being a public authority for the purposes of this Part.

Annotations:
Amendments (Textual)
F6

Word in s. 49B(1)(b)(ii) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 57(a)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F7

S. 49B(1)(b)(iv)(v) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 57(b)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

49BF1Plan as to duty under section 49A

1

A public authority to which this subsection applies shall prepare and submit to the Commission a plan showing how the public authority proposes to fulfil the duty imposed by section 49A in relation to the relevant functions.

2

Any other public authority shall prepare and submit to the Commission such a plan if requested to do so by the Commission.

3

A public authority—

a

may at any time revise its plan and submit the revised plan to the Commission;

b

shall, if requested to do so by the Commission, revise its plan and submit the revised plan to the Commission.

4

A plan (or revised plan) shall—

a

conform to any guidelines as to form or content which are issued by the Commission with the approval of the Office;

b

specify a timetable for measures proposed in the plan;

c

include details of how it will be published.

5

Subsection (1) applies to any public authority except one which is notified in writing by the Commission that that subsection does not apply to it.

6

If a public authority—

a

fails to submit a plan under subsection (1) before the end of the period of 6 months beginning with the appointed day or, if later, the establishment of the authority,

b

fails to submit a plan under subsection (2) before the end of the period of 6 months beginning with the date of the request under that subsection,

c

fails to submit a revised plan under subsection (3)(b) before the end of the period of 3 months beginning with the date of the request under that paragraph, or

d

submits to the Commission under paragraph (3)(a) or (b) a revised plan which in the opinion of the Commission fails to comply with subsection (4),

the Commission shall lay before the Assembly a report of that failure containing such comments and other material as appear to the Commission to be appropriate to bring to the attention of the Assembly.

7

A public authority—

a

shall review its current plan under this section—

i

in the case of an authority in relation to which there is a scheme under Schedule 9 to the Northern Ireland Act 1998, at the same time as the authority reviews its current scheme under paragraph 8(3) of that Schedule;

ii

in the case of any other authority, at such times as the Commission may request; and

b

inform the Commission of the outcome of the review.

8

In this section—

  • “the appointed day”, “the Commission” and “public authority” have the same meanings as in section 49A;

  • “the relevant functions” means the functions of the public authority or, in the case of a plan submitted in response to a request which specifies particular functions of the public authority, those functions.