Statutory Instruments

2005 No. 2966

DISABLED PERSONS

The Disability Discrimination (Public Authorities)(Statutory Duties) Regulations 2005

Made

21st October 2005

Laid before Parliament

25th October 2005

Coming into force

5th December 2005

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 49D(1) and (2) and 67(2) and (3) of the Disability Discrimination Act 1995(1), after consultation with the National Assembly for Wales and with the consent of the Assembly, after consultation with the Scottish Ministers and with the Disability Rights Commission(2), makes the following Regulations:

Citation, commencement and interpretationE+W+S

1.—(1) These Regulations may be cited as the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 and shall come into force on 5th December 2005.

(2) In these Regulations—

“section 49A(1) duty”, in relation to a public authority, means its duty under section 49A(1) of the Disability Discrimination Act 1995; and

“school” means a school maintained by a [F1local authority (within the meaning of the Education Act 1996)].

Textual Amendments

Commencement Information

I1Reg. 1 in force at 5.12.2005, see reg. 1(1)

Preparation and publication of a Disability Equality SchemeE+W+S

2.—(1) A public authority listed in Schedule 1 shall, on or before the relevant publication date, publish a Disability Equality Scheme (“Scheme”), that is, a scheme showing how it intends to fulfil its section 49A(1) duty and its duties under these Regulations.

(2) Such an authority shall involve in the development of the Scheme disabled people who appear to that authority to have an interest in the way it carries out its functions.

(3) A Scheme shall include a statement of—

(a)the ways in which such disabled people have been involved in its development;

(b)that authority’s methods for assessing the impact of its policies and practices, or the likely impact of its proposed policies and practices, on equality for disabled persons;

(c)the steps which that authority proposes to take towards the fulfilment of its section 49A(1) duty;

(d)that authority’s arrangements for gathering information on the effect of its policies and practices on disabled persons and in particular its arrangements for gathering information on—

(i)their effect on the recruitment, development and retention of its disabled employees,

(ii)their effect, in the case of an authority specified in Part II, III or IV of Schedule 1, on the educational opportunities available to, and on the achievements of, disabled pupils and students, and

(iii)the extent to which, in the case of an authority specified in [F2Part I, V or VI of Schedule 1], the services it provides and those other functions it performs take account of the needs of disabled persons; and

(e)that authority’s arrangements for making use of such information to assist it in the performance of its section 49A(1) duty and, in particular, its arrangements for—

(i)reviewing on a regular basis the effectiveness of the steps referred to in sub-paragraph (c), and

(ii)preparing subsequent Schemes.

(4) Such an authority shall review its Scheme and publish a revised Scheme—

(a)not later than the end of the period of three years beginning with the date of publication of its first Scheme; and

(b)subsequently at intervals of not more than three years beginning with the date of publication of the last revision of the Scheme.

(5) Such an authority may comply with the duty to publish under paragraph (1) or (4) by setting out its Scheme as part of another published document or within a number of other published documents.

(6) [F3Subject to paragraphs (7) to (9),] in this regulation, “the relevant publication date” means—

(a)in the case of a public authority listed in Part I or II of Schedule 1, 4th December 2006;

(b)in the case of a public authority listed in Part III of Schedule 1, 3rd December 2007;

(c)in the case of a public authority listed in Part IV of Schedule 1, 1st April 2007.

[F4(d)in the case of a public authority listed in Part V of Schedule 1, 3rd December 2007.]

[F5(e)in the case of a public authority listed in Part VI of Schedule 1, 1st December 2008.]

[F6(7) In the case of a public authority listed in Parts I or II of Schedule 1 which was established on or after 4th December 2006 and before 3rd December 2007, the relevant publication date is 1st December 2008.

(8) In the case of a public authority listed in Parts I or II of Schedule 1 which is established on or after 3rd December 2007, the relevant publication date is the date falling twelve months after its establishment.

(9) In the case of a public authority listed in Parts III to V of Schedule 1 which is established on or after the relevant publication date which would have applied to it had the public authority been established before that date, the relevant publication date is the date falling twelve months after the establishment of the public authority.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Reg. 2 in force at 5.12.2005, see reg. 1(1)

Implementation of the Disability Equality SchemeE+W+S

3.—(1) A public authority listed in Schedule 1 shall within the period of three years beginning with the date when a Scheme prepared for the purposes of regulation 2 is published—

(a)take the steps which it has been required to set out in the Scheme by virtue of regulation 2(3)(c); and

(b)put into effect its arrangements, which it has been required to set out in the Scheme by virtue of regulations 2(3)(d) and (e), for—

(i)gathering information, and

(ii)making use of such information.

(2) Nothing in this regulation imposes any duty on an authority where, in all the circumstances, it would be unreasonable or impracticable for it to perform the duty.

Commencement Information

I3Reg. 3 in force at 5.12.2005, see reg. 1(1)

Annual reportingE+W+S

4.—(1) A public authority listed in Schedule 1 shall publish a report—

(a)not later than the end of the period of one year beginning with the date of publication of its first Scheme; and

(b)subsequently at intervals of not more than one year beginning with the date of publication of the last report.

(2) The report shall contain a summary of—

(a)the steps the authority has taken for the purposes of regulation 3(1)(a);

(b)the results of the information-gathering it has carried out for the purposes of regulation 3(1)(b)(i); and

(c)the use it has made of such information it has gathered for the purposes of regulation 3(1)(b)(ii).

(3) Such an authority may comply with the duty to publish under paragraph (1) by setting out its report within another published document.

Commencement Information

I4Reg. 4 in force at 5.12.2005, see reg. 1(1)

Duty on public authorities listed in Schedule 2E+W+S

5.—(1) A reporting authority shall, in respect of its policy sector, publish a report—

(a)not later than 1st December 2008; and

(b)subsequently not later than the end of each successive period of three years beginning with 1st December 2008.

(2) The report shall—

(a)give an overview of progress towards equality of opportunity between disabled persons and other persons made by public authorities operating in the policy sector; and

(b)set out the reporting authority’s proposals for the coordination of action by public authorities operating in that sector so as to bring about further progress towards equality of opportunity between disabled persons and other persons.

(3) In paragraph (1)—

“reporting authority” means a person specified in Schedule 2;

“policy sector” means the sector of public activity in which the reporting authority carries out public functions.

Commencement Information

I5Reg. 5 in force at 5.12.2005, see reg. 1(1)

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

Anne C McGuire

Parliamentary Under-Secretary of State,

Department for Work and Pensions

21st October 2005

Regulation 2

SCHEDULE 1E+W+S

PART IE+W+S

Commencement Information

I6Sch. 1 Pt. I in force at 5.12.2005, see reg. 1(1)

Textual Amendments

F13Words in Sch. 1 Pt. I omitted (30.6.2008) by virtue of The Local Government and Public Involvement in Health Act 2007 Consequential Provisions Order 2008 (S.I. 2008/526), arts. 1, 3

PART IIE+W+S

Commencement Information

I7Sch. 1 Pt. II in force at 5.12.2005, see reg. 1(1)

Textual Amendments

PART IIIE+W+S

Commencement Information

I8Sch. 1 Pt. III in force at 5.12.2005, see reg. 1(1)

PART IVE+W+S

Commencement Information

I9Sch. 1 Pt. IV in force at 5.12.2005, see reg. 1(1)

Textual Amendments

[F31PART V (authorities added on 6th April 2007)E+W+S

Textual Amendments

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 [F32and 11 MILLION]
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
[F33Passenger Focus (the operating name of the Passengers’ Council established under the Railways Act 2005)]
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.]

Textual Amendments

[F34PART VIE+W+S(authorities added on 6th April 2008)

Textual Amendments

Amgueddfa Genedlaethol Cymru (The National Museum of Wales)
The Appointments Commission
The Bank of England
The Civil Aviation Authority
The Commission for Architecture and the Built Environment (CABE)
The Community Development Foundation
The Competition Commission
The Consumer Council for Water
The Council for Licensed Conveyancers
The Criminal Cases Review Commission
Cyngor Gofal Cymru (The Care Council for Wales)
The Design Council
The Engineering Construction Industry Training Board (ECITB)
The General Osteopathic Council
The Independent Living Funds
The Institute of Legal Executives
Investors in People UK
The National Army Museum
The National Endowment for Science, Technology and the Arts (NESTA)
The Nuclear Decommissioning Authority
The Office of the Immigration Services Commissioner
The Parole Board
Partnerships for Schools
The Personal Accounts Delivery Authority
The Royal Air Force Museum
Royal Botanic Gardens, Kew
The United Kingdom Atomic Energy Authority
The Valuation Tribunal Service.]

Regulation 5

SCHEDULE 2E+W+S

Commencement Information

I10Sch. 2 in force at 5.12.2005, see reg. 1(1)

Textual Amendments

Explanatory Note

(This note is not part of the Order)

These Regulations impose duties on public authorities listed in Schedule 1 and 2 to the Regulations. The purpose of the duties generally is to ensure better performance by the public authorities concerned of their duty to have due regard to the need to eliminate disability discrimination etc. under section 49A(1)(a) to (f) of the Disability Discrimination Act 1995 (as inserted by the Disability Discrimination Act 2005).

Regulation 2 requires public authorities listed in Schedule 1 to publish a Disability Equality Scheme and prescribes the various components of such a Scheme. The date by which a Scheme must be published differs according to whether the public authority is listed in Part I, II, III or IV of Schedule 1 to the Regulations. The Scheme can be published as part of another document or within a number of other documents. The authorities are required to publish a revised scheme at the latest three years after the publication of their first scheme, and to continue to publish a revised Scheme every three years thereafter.

Regulation 3 requires those same listed public authorities to implement certain components of the Disability Equality Scheme that they published pursuant to regulation 2. They should do this within three years beginning with the date when they published the Scheme.

Regulation 4 requires those same listed public authorities to report annually on the implementation of their Disability Equality Scheme. The report can be published as part of another document. The first report should be published no later than one year after the publication of the initial Scheme and annually thereafter.

Regulation 5 deals with a different set of duties that apply to the Secretary of State (as described in Schedule 2) and to the National Assembly for Wales (“NAW”). The Regulation requires the Secretary of State and the NAW, in relation to public authorities which operate in policy spheres for which they are responsible, to publish a report, containing an overview of progress made towards equality of opportunity for disabled persons in these policy spheres. In addition, the report should set out the Secretary of State’s or the NAW’s strategies for coordinating action by public authorities operating in these spheres so as to bring about further progress towards equality of opportunity for disabled persons. The report is to be published every three years.

The regulatory impact of these Regulations was assessed as part of the regulatory impact assessment in relation to the Disability Discrimination Act 2005. A copy of that document may be obtained from Disability Rights Division, Department for Work and Pensions, Level 6, The Adelphi, 1-11 John Adam Street, London WC2N 6HT. A copy of the regulatory impact assessment for the Disability Discrimination Act 2005 has been placed in the Library of each House of Parliament.

(1)

1995 c. 50. Sections 49A to 49F were inserted by section 3 of the Disability Discrimination Act 2005 (c. 13) (“the 2005 Act”).

(2)

The consultation was conducted and consent sought in accordance with section 49D(5) to (8) of the 2005 Act.

(7)

1947 c. 41. Sections 5 and 6 were repealed, in relation to England and Wales, by the Fire and Rescue Services Act 2004 (c. 21), but a scheme in force immediately before the repeal of those sections is given continued effect.