Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) 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;
“school” has the meaning given by section 135 of the Education ( Scotland) Act 1980(1) but excluding independent schools and in addition includes a place, other than a school, at which an education authority provides school education for pupils who are under school age, other than such a place at which school education is being provided by a person with whom that authority has, by virtue of section 35 of the Standards in Scotland’s Schools etc Act 2000(2), entered into arrangements for the provision of that education; where “independent school”, “school education”, “pupil” and “school age” have the meanings given by section 135 of the Education (Scotland) Act 1980.
Preparation and Publication of a Disability Equality Scheme
2.—(1) A public authority specified in Parts I to III of the Schedule to these Regulations 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 those disabled persons who appear to that authority to have an interest in the way it carries out its functions.
(3) The Scheme shall include a statement of–
(a)the ways in which such disabled persons 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 Parts II or III of the Schedule, 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 other than one specified in Parts II or III of the Schedule, 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)no 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 4th December 2006.
Education bodies or persons
3. It shall be the duty of a body or person specified in Part II of the Schedule to make arrangements for each school under its management to–
(a)assess the impact of its policies and practices, or the likely impact of its proposed policies and practices, on equality for disabled pupils;
(b)gather information on the effects of its policies and practices and the educational opportunities available to, and on the achievements of, disabled pupils;
(c)provide such a body or person with an annual report in respect of the matters contained in paragraphs (a) and (b);
(d)carry out such steps which that body or person proposes to take towards the fulfilment of its section 49A(1) duty; and
(e)maintain a copy of the Scheme.
Implementation of the Disability Equality Scheme
4.—(1) A public authority specified in Parts I to III of the Schedule 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 is required to as set out in the Scheme by virtue of regulation 2(3)(c);
(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 of the case, it would be unreasonable and impracticable for it to perform the duty.
Annual Reporting
5.—(1) A public authority specified in Parts I to III of the Schedule 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 it has taken for the purposes of regulation 4(1)(a);
(b)the results of the information – gathering it has carried out for the purposes of regulation 4(1)(b)(i);and
(c)the use it has made of the information it has gathered for the purposes of regulation 4(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.
Duty on Scottish Ministers
6.—(1) The Scottish Ministers shall publish reports–
(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 reports shall–
(a)give an overview of progress towards equality of opportunity between disabled persons and other persons made by public authorities; and
(b)set out the Scottish Ministers proposals for the coordination of action by public authorities so as to bring about further progress towards equality of opportunity between disabled persons and other persons.
JOHANN M LAMONT
Authorised to sign on behalf of the Scottish Ministers
St Andrew’s House, Edinburgh
9th November 2005