Specific duties 

 

Most public authorities in Britain are covered by specific duties to promote disability equality. The statutory code of practice includes guidance for public authorities on meeting the specific duties. Authorities must publish disability equality schemes that set out how they will carry out the general duty, including:
  • a statement of how they involve disabled people in developing their schemes
  • an action plan setting out the steps they will take to promote equality and meet the general duty
  • arrangements for gathering information about their performance on disability equality
  • arrangements for assessing the impact of their policies on disability equality and ways to improve these when necessary
  • details of how they are using the information gathered, in particular in reviewing the effectiveness of their action plan and preparing subsequent schemes.

Within three years of the scheme being published, public authorities must take the steps set out in their action plans (unless it is unreasonable or impracticable for them to do so) and put into effect the arrangements for gathering and making use of information.

Public authorities must also publish a report containing a summary of the steps taken under their action plans, the results of their information gathering and the use to which they have put the information.

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Specific duties: Scotland

In Scotland, certain public authorities are subject to specific duties, laid down in the Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005. The regulations set out specific steps that must be taken to assist a public authority to fulfil the general duty, including a duty to:

  • publish a disability equality scheme demonstrating how it intends to fulfil its general and specific duties
  • involve disabled people in the development of the scheme
  • carry out impact assessments
  • make arrangements for gathering relevant information
  • develop an action plan
  • take the steps set out in its action plan within three years
  • publish a report.

All public authorities listed in the Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005 should have published a disability equality scheme by December 2006.

The Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Amendment Regulations 2007 add further public authorities to the list of those covered by the specific duties.

A public authority that is listed in the 2007 Regulations is required to publish a disability equality scheme on or before 3 December 2007, and is marked by a single asterisk (*) in the list.


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