Statutory Instruments
DISABLED PERSONS
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:
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 local education authority.
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 Part I 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) 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.
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.
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.
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.
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
The Adult Learning Inspectorate
The Advisory, Conciliation and Arbitration Service
Any of the naval, military or air forces of the Crown (except in relation to employment in the armed forces)
The Arts Council of England
The Arts Council of Wales
The Audit Commission for Local Authorities and the National Health Service in England and Wales
The Arts and Humanities Research Council
An Assembly subsidiary as defined by section 99(4) of the Government of Wales Act 1998(3)
The Big Lottery Fund
TheBiotechnology & Biological Sciences Research Council
A body corporate established pursuant to an order under section 67 of the Local Government Act 1985(4) (transfer of functions to successors of residuary bodies, etc)
The British Broadcasting Corporation, in respect of its public functions
The British Council
The British Educational Communications and Technology Agency (BECTA)
The British Library
The British Museum
The British Tourist Authority
The British Transport Police
The British Waterways Board
The Central Police Training and Development Authority (CENTREX)
The Channel Four Television Corporation, in respect of its public functions
The Chief Constable for the Ministry of Defence Police appointed by the Secretary of State under section 1(3) of the Ministry of Defence Police Act 1987(5)
A chief constable of a police force maintained under section 2 of the Police Act 1996(6)
The Children and Family Court Advisory and Support Service
The Children’s Commissioner for Wales
The Commission for Healthcare Audit and Inspection
The Commission for Patient and Public Involvement in Health
The Commission for Racial Equality
The Commission for Social Care Inspection
The Commissioner of Police for the City of London
The Commissioner of Police of the Metropolis
The Common Council of the City of London, in its capacity as a local authority or port health authority
The Common Council of the City of London, in its capacity as a police authority
In England, a county council, a London borough council or a district council
In Wales, a county council or a county borough council
The Council of the Isles of Scilly
TheCouncil for the Central Laboratory of the Research Councils
The Countryside Council for Wales
The Criminal Injuries Compensation Authority
The Director-General of the National Crime Squad
The Disability Rights Commission
TheEconomic & Social Research Council
The Electoral Commission
English Heritage
English Nature
English Partnerships
TheEngineering & Physical Sciences Research Council
The Environment Agency
The Equal Opportunities Commission
Estyn
The Financial Services Authority
A fire authority constituted by a combination scheme under section 5 or 6 of the Fire Services Act 1947(7)
The General Dental Council
The General Medical Council
The General Social Care Council
The General Teaching Council for England
The Greater London Authority
A Health Authority established under section 8 of the National Health Service Act 1977(8)
The Health and Safety Commission
The Health and Safety Executive
The Heritage Lottery Fund
The Higher Education Funding Council for England
The Higher Education Funding Council for Wales
The Historic Royal Palaces Trust
The Horniman Museum
A housing action trust established under Part 3 of the Housing Act 1988(9)
The Housing Corporation
The Human Fertilisation and Embryology Authority
The Imperial War Museum
The Independent Police Complaints Commission
The Independent Regulator on NHS Foundation Trusts
The Independent Review Service
The Information Commissioner
A joint authority established under Part 4 of the Local Government Act 1985 (police, fire services, civil defence and transport)
A joint authority established under section 21 of the Local Government Act 1992(10)
The Law Society of England and Wales
The Learning and Skills Council for England
The Legal Services Commission
A Local Health Board established under section 16BA of the National Health Service Act 1977
A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000(11)
The London Development Agency
The London Fire and Emergency Planning Authority
TheMedical Research Council
The Metropolitan Police Authority established under section 5B of the Police Act 1996
A Minister of the Crown or government department
The Museum of London
The Museum of Science and Industry in Manchester
The Museums, Libraries and Archives Council
The National Assembly for Wales
The National Audit Office
The National College for School Leadership
The National Consumer Council
The National Forest Company
The National Gallery
A National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990(12)
The National Library of Wales
The National Lottery Commission
The National Maritime Museum
The National Museum for Science and Industry
A National Park Authority established by an order under s. 63 of the Environment Act 1995(13)
The National Portrait Gallery
TheNatural Environment Research Council
The Natural History Museum
The Nursing and Midwifery Council
Ofcom
TheParticle Physics & Astronomy Research Council
A Passenger Transport Executive for a passenger transport area in England and Wales within the meaning of Part 2 of the Transport Act 1968(14)
A police authority established under section 3 of the Police Act 1996
A primary care trust established under section 16A of the National Health Service Act 1977
The Qualifications and Curriculum Authority (QCA)
A regional development agency established under the Regional Development Agencies Act 1998(15) (other than the London Development Agency)
Remploy Limited
Royal Mail Group
The Science Museum
The Scottish Parliamentary Corporate Body
The Security Industry Authority
The Service Authority for the National Crime Squad
The Service Authority for the National Criminal Intelligence Service, otherwise than in respect of its Scottish functions within the meaning given by section L2 of Part II of Schedule 5 to the Scotland Act 1998(16)
Sianel Pedwar Cymru (Welsh Fourth Channel Authority), in respect of its public functions
Sir John Soanes’s Museum
The Social Fund Commissioner of the Independent Review Service
A special health authority established under section 11 of the National Health Service Act 1977
The Sports Council for Wales
Sport England
The Standards Board for England
A Strategic Health Authority established under section 8 of the National Health Service Act 1977
Student Loans Company Ltd.
The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in his capacity as a local authority
The Tate Gallery
The Training and Development Agency for Schools
Transport for London
UK Film Council
UK Sport
The UK Sports Council
The Victoria and Albert Museum
The Wallace Collection
The governing body of a secondary school, in England, within the meaning of section 5(2) of the Education Act 1996(17), and any such school as may be determined by the Secretary of State to be treated as a secondary school under section 5(4) of that Act
The proprietor of a City Technology College, City College for Technology of the Arts, or an Academy
The governing body of an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992(18)
The governing body of an institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992
A local education authority
The governing body of a primary school, in England, within the meaning of section 5(1) of the Education Act 1996, and any such school as may be determined by the Secretary of State to be treated as a primary school under section 5(4) of that Act
The governing body of a community special school or a foundation special school, in England, within the meaning of section 20 of the School Standards and Framework Act 1998(19)
A local authority with respect to the pupil referral units it establishes and maintains, by virtue of section 19 of the Education Act 1996
The governing body of an educational establishment maintained by a local education authority, in Wales
Regulation 5
The National Assembly for Wales
The First Secretary of State
The Secretary of State for Constitutional Affairs
The Secretary of State for Culture, Media and Sport
The Secretary of State for Education and Skills
The Secretary of State for Environment, Food and Rural Affairs
The Secretary of State for Health
The Secretary of State for the Home Department
The Secretary of State for Trade and Industry
The Secretary of State for Transport
The Secretary of State for Work and Pensions
(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.
1995 c. 50. Sections 49A to 49F were inserted by section 3 of the Disability Discrimination Act 2005 (c. 13) (“the 2005 Act”).
The consultation was conducted and consent sought in accordance with section 49D(5) to (8) of the 2005 Act.
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.