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Disability Discrimination Act 1995

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[F1Part 5A E+W+SPublic authorities

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Amendments (Textual)

F1Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. {3}, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I 2005/2774, arts. {3(b)}, {4(a)}

49AGeneral dutyE+W+S

(1)Every public authority shall in carrying out its functions have due regard to—

(a)the need to eliminate discrimination that is unlawful under this Act;

(b)the need to eliminate harassment of disabled persons that is related to their disabilities;

(c)the need to promote equality of opportunity between disabled persons and other persons;

(d)the need to take steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons;

(e)the need to promote positive attitudes towards disabled persons; and

(f)the need to encourage participation by disabled persons in public life.

(2)Subsection (1) is without prejudice to any obligation of a public authority to comply with any other provision of this Act.

49BMeaning of “public authority” in Part 5AE+W+S

(1)In this Part “public authority”—

(a)includes any person certain of whose functions are functions of a public nature; but

(b)does not include—

(i)any person mentioned in section 21B(3);

(ii)the Scottish Parliament; F2. . .

(iii)a person, other than the Scottish Parliamentary Corporate Body, exercising functions in connection with proceedings in the Scottish Parliament.

[F3(iv)the National Assembly for Wales; or

(v)a person, other than the National Assembly for Wales Commission, exercising functions in connection with proceedings in the National Assembly for Wales]

(2)In relation to a particular act, a person is not a public authority by virtue only of subsection (1)(a) if the nature of the act is private.

(3)Regulations may provide for a person of a prescribed description to be treated as not being a public authority for the purposes of this Part.

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Amendments (Textual)

F2Word in s. 49B(1)(b)(ii) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 57(a)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F3S. 49B(1)(b)(iv)(v) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 57(b)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

49CExceptions from section 49A(1)E+W+S

(1)Section 49A(1) does not apply to—

(a)a judicial act (whether done by a court, tribunal or other person); or

(b)an act done on the instructions, or on behalf, of a person acting in a judicial capacity.

(2)Section 49A(1) does not apply to any act of, or relating to, making or approving an Act of Parliament, an Act of the Scottish Parliament [F4, a Measure or Act of the National Assembly for Wales] or an Order in Council.

(3)Section 49A(1)(c) and (d) do not apply to—

(a)an act done in connection with recruitment to any of the naval, military or air forces of the Crown; or

(b)an act done in relation to a person in connection with service by him as a member of any of those forces.

(4)Regulations may provide for [F5one or more specified paragraphs of section 49A(1)] not to apply to an act of a prescribed description.

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Amendments (Textual)

F4Words in s. 49C(2) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 58}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F5Words in s. 49C(4) substituted (18.4.2006) by Equality Act 2006 (c. 3), ss. 88, 93 (with s. 92); S.I. 2006/1082, art. 2(j)

49DPower to impose specific dutiesE+W+S

(1)The Secretary of State may by regulations impose on a public authority, other than a relevant Scottish authority or a cross-border authority, such duties as the Secretary of State considers appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1).

(2)The Secretary of State may by regulations impose on a cross-border authority such duties as the Secretary of State considers appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1) so far as relating to such of its functions as are not Scottish functions.

(3)The Scottish Ministers may by regulations impose on a relevant Scottish authority such duties as the Scottish Ministers consider appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1).

(4)The Scottish Ministers may by regulations impose on a cross-border authority such duties as the Scottish Ministers consider appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1) so far as relating to its Scottish functions.

(5)Before making regulations under any of subsections (1) to (4), the person making the regulations shall consult the [F6Commission for Equality and Human Rights].

(6)Before making regulations under subsection (1) or (2) in relation to functions exercisable in relation to Wales by a public authority that is not a relevant Welsh authority, the Secretary of State shall consult the [F7Welsh Ministers].

(7)The Secretary of State shall not make regulations under subsection (1) or (2) in relation to a relevant Welsh authority except with the consent of the [F8Welsh Ministers].

(8)Before making regulations under subsection (2), the Secretary of State shall consult the Scottish Ministers.

(9)Before making regulations under subsection (4), the Scottish Ministers shall consult the Secretary of State.

(10)In this section—

  • “relevant Scottish authority” means—

    (a)

    a member of the Scottish executive or a junior Scottish Minister;

    (b)

    the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland or the Keeper of the Records of Scotland;

    (c)

    any office of a description specified in an Order in Council under section 126(8)(b) of the Scotland Act 1998 (other non-ministerial office in the Scottish Administration); or

    (d)

    a public body, public office or holder of a public office—

    (i)

    which (or who) is not a cross-border authority or the Scottish Parliamentary Corporate Body;

    (ii)

    whose functions are exercisable only in or as regards Scotland; and

    (iii)

    some at least of whose functions do not (within the meaning of the Scotland Act 1998) relate to reserved matters;

  • “cross-border authority” means a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998;

  • “Scottish functions” means functions which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters;

  • “relevant Welsh authority” means—

    (a)

    [F9the National Assembly for Wales Commission;

    (aa)

    the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government; or]

    (b)

    a public authority whose functions are exercisable only in relation to Wales.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6Words in s. 49D(5) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 48 (with s. 92); S.I. 2007/2603, art. 2(d) (subject to art. 3)

F7Words in s. 49D(6) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 59(2)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32)

F8Words in s. 49D(7) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 59(3)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32)

F9S. 49D(10): words in the definition of "relevant Welsh authority" substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. {59(4)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32)

49EDuties under section 49D: compliance noticesE+W+S

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

49FEnforcement of compliance noticesE+W+S

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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