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

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.