F2Part 5APublic authorities
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; or
iii
a person, other than the Scottish Parliamentary Corporate Body, exercising functions in connection with proceedings in the Scottish Parliament.
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.
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.
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)