- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Disability Discrimination (Northern Ireland) Order 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
5. In the 1995 Act, after section 49 insert—
(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).
(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.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Click 'View More' or select 'More Resources' tab for additional information including: