Citation, commencement and interpretation_I1

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 [^F1 local authority (within the meaning of the Education Act 1996 ) ^F1] .

Preparation and publication of a Disability Equality Scheme_{cross-notesI2}

case 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 [^F2Part I, V or VI of Schedule 1^F2] , 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) [^F3 Subject to paragraphs (7) to (9), ^F3] 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.

[^F4 (d)in the case of a public authority listed in Part V of Schedule 1, 3rd December 2007.^F4]

[^F5 (e)in the case of a public authority listed in Part VI of Schedule 1, 1st December 2008.^F5]

[^F6 (7) In the case of a public authority listed in Parts I or II of Schedule 1 which was established on or after 4th December 2006 and before 3rd December 2007, the relevant publication date is 1st December 2008.

(8) In the case of a public authority listed in Parts I or II of Schedule 1 which is established on or after 3rd December 2007, the relevant publication date is the date falling twelve months after its establishment.

(9) In the case of a public authority listed in Parts III to V of Schedule 1 which is established on or after the relevant publication date which would have applied to it had the public authority been established before that date, the relevant publication date is the date falling twelve months after the establishment of the public authority.^F6]

Implementation of the Disability Equality Scheme_I3

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.

Annual reporting_I4

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.

Duty on public authorities listed in Schedule 2_I5

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.

Regulation 2

case SCHEDULE 1

PART I _I6

• ^F7 ...

• 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

• The Biotechnology & 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

• ^F8 ...

• The British Transport Police

• The British Waterways Board

• [^F9 The Care Quality Commission^F9]

• ^F10 ...

• 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

• [^F11 The Commission for Equality and Human Rights^F11]

• ^F12 ...

• ^F13 ...

• ^F14 ...

• ^F12 ...

• 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

• ^F15 ...

• The Countryside Council for Wales

• The Criminal Injuries Compensation Authority

• ^F16 ...

• ^F17 ...

• The Economic & Social Research Council

• The Electoral Commission

• English Heritage

• English Nature

• English Partnerships

• The Engineering & Physical Sciences Research Council

• The Environment Agency

• ^F18 ...

• 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)

• ^F19 ...

• 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)

• [^F20 The Regulator of Social Housing^F20]

• The Human Fertilisation and Embryology Authority

• The Imperial War Museum

• The Independent Police Complaints Commission

• [^F21 the Independent Regulator of NHS Foundation Trusts^F21]

• 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

• The Medical 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)

• [^F22 The National Policing Improvement Agency^F22]

• The National Portrait Gallery

• The Natural Environment Research Council

• The Natural History Museum

• The Nursing and Midwifery Council

• Ofcom

• ^F15 ...

• 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

• [^F23 A probation trust^F23]

• [^F23 A provider of probation services (other than the Secretary of State or a probation trust), in respect of its statutory functions and the carrying out by it of activities of a public nature in pursuance of arrangements made with it under section 3(2) of the Offender Management Act 2007^F23]

• [^F24 The Qualifications and Curriculum Development Agency (QCDA)^F24]

• A regional development agency established under the Regional Development Agencies Act 1998(15) (other than the London Development Agency)

• Remploy Limited

• ^F25 ...

• [^F26 The Science and Technology Facilities Council^F26]

• The Science Museum

• The Scottish Parliamentary Corporate Body

• The Security Industry Authority

• The Service Authority for the National Crime Squad

• [^F27 The Serious Organised Crime Agency^F27]

• 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

• [^F28 Visit Britain^F28]

• The Wallace Collection

PART II _I7

• The governing body of a secondary school, in England, within the meaning of section 5(2) of the Education Act 1996(16), 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(17)

• 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 [^F29local authority (within the meaning of the Education Act 1996)^F29]

PART III _I8

• 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(18)

• A local authority with respect to the pupil referral units it establishes and maintains, by virtue of section 19 of the Education Act 1996

PART IV _I9

• The governing body of an educational establishment maintained by a [^F30local authority (within the meaning of the Education Act 1996)^F30] , in Wales

[^F31PART V (authorities added on 6th April 2007)

[^F34PART VI (authorities added on 6th April 2008)

Regulation 5

SCHEDULE 2 _I10

• The National Assembly for Wales

• ^F35 ...

• [^F36 The Secretary of State for Business, Innovation and Skills^F36]

• ^F37 ...

• ^F38 ...

• [^F39 The Secretary of State for Communities and Local Government^F39]

• ^F40 ...

• [^F41 The Secretary of State for Culture, Olympics, Media and Sport^F41]

• ^F42 ...

• [^F43 The Secretary of State for Education^F43]

• [^F44 The Secretary of State for Energy and Climate Change^F44]

• The Secretary of State for Environment, Food and Rural Affairs

• The Secretary of State for Health

• The Secretary of State for the Home Department

• ^F35 ...

• [^F45 The Secretary of State for Justice^F45]

• ^F42 ...

• The Secretary of State for Transport

• The Secretary of State for Work and Pensions