
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 local education authority.
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 Part I of Schedule 1, 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) 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.
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.
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.
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.
Signed by the authority of the Secretary of State for Work and Pensions.
Anne C McGuire
Parliamentary Under-Secretary of State,
Department for Work and Pensions
21st October 2005
SCHEDULE 1
Regulation 2
PART I
 The Adult Learning Inspectorate
 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
 The Big Lottery Fund
 TheBiotechnology & Biological Sciences Research Council
 A body corporate established pursuant to an order under section 67 of the Local Government Act 1985 (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
 The British Tourist Authority
 The British Transport Police
 The British Waterways Board
 The Central Police Training and Development Authority (CENTREX)
 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
 A chief constable of a police force maintained under section 2 of the Police Act 1996
 The Children and Family Court Advisory and Support Service
 The Children’s Commissioner for Wales
 The Commission for Healthcare Audit and Inspection
 The Commission for Patient and Public Involvement in Health
 The Commission for Racial Equality
 The Commission for Social Care Inspection
 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
 TheCouncil for the Central Laboratory of the Research Councils
 The Countryside Council for Wales
 The Criminal Injuries Compensation Authority
 The Director-General of the National Crime Squad
 The Disability Rights Commission
 TheEconomic & Social Research Council
 The Electoral Commission
 English Heritage
 English Nature
 English Partnerships
 TheEngineering & Physical Sciences Research Council
 The Environment Agency
 The Equal Opportunities Commission
 Estyn
 The Financial Services Authority
 A fire authority constituted by a combination scheme under section 5 or 6 of the Fire Services Act 1947
 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
 The Health and Safety Commission
 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
 The Housing Corporation
 The Human Fertilisation and Embryology Authority
 The Imperial War Museum
 The Independent Police Complaints Commission
 The Independent Regulator on NHS Foundation Trusts
 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
 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
 The London Development Agency
 The London Fire and Emergency Planning Authority
 TheMedical 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
 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
 The National Portrait Gallery
 TheNatural Environment Research Council
 The Natural History Museum
 The Nursing and Midwifery Council
 Ofcom
 TheParticle Physics & Astronomy Research Council
 A Passenger Transport Executive for a passenger transport area in England and Wales within the meaning of Part 2 of the Transport Act 1968
 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
 The Qualifications and Curriculum Authority (QCA)
 A regional development agency established under the Regional Development Agencies Act 1998 (other than the London Development Agency)
 Remploy Limited
 Royal Mail Group
 The Science Museum
 The Scottish Parliamentary Corporate Body
 The Security Industry Authority
 The Service Authority for the National Crime Squad
 The Service Authority for the National Criminal Intelligence Service, otherwise than in respect of its Scottish functions within the meaning given by section L2 of Part II of Schedule 5 to the Scotland Act 1998
 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
 The Wallace Collection

PART II
 The governing body of a secondary school, in England, within the meaning of section 5(2) of the Education Act 1996, 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
 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 local education authority

PART III
 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
 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
 The governing body of an educational establishment maintained by a local education authority, in Wales

SCHEDULE 2
Regulation 5


 The National Assembly for Wales
 The First Secretary of State
 The Secretary of State for Constitutional Affairs
 The Secretary of State for Culture, Media and Sport
 The Secretary of State for Education and Skills
 The Secretary of State for Environment, Food and Rural Affairs
 The Secretary of State for Health
 The Secretary of State for the Home Department
 The Secretary of State for Trade and Industry
 The Secretary of State for Transport
 The Secretary of State for Work and Pensions
