F1F2Part 5APublic authorities
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).
Pt. VA (ss. 49A, 49B) inserted (N.I.) (1.1.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 5; S.R. 2006/470, art. 2