[F1Part 5A U.K.Public authorities]

Textual Amendments

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)

[F149BMeaning 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; or

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

(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.]

[F249BPlan as to duty under section 49AN.I.

(1)A public authority to which this subsection applies shall prepare and submit to the Commission a plan showing how the public authority proposes to fulfil the duty imposed by section 49A in relation to the relevant functions.

(2)Any other public authority shall prepare and submit to the Commission such a plan if requested to do so by the Commission.

(3)A public authority—

(a)may at any time revise its plan and submit the revised plan to the Commission;

(b)shall, if requested to do so by the Commission, revise its plan and submit the revised plan to the Commission.

(4)A plan (or revised plan) shall—

(a)conform to any guidelines as to form or content which are issued by the Commission with the approval of the Office;

(b)specify a timetable for measures proposed in the plan;

(c)include details of how it will be published.

(5)Subsection (1) applies to any public authority except one which is notified in writing by the Commission that that subsection does not apply to it.

(6)If a public authority—

(a)fails to submit a plan under subsection (1) before the end of the period of 6 months beginning with the appointed day or, if later, the establishment of the authority,

(b)fails to submit a plan under subsection (2) before the end of the period of 6 months beginning with the date of the request under that subsection,

(c)fails to submit a revised plan under subsection (3)(b) before the end of the period of 3 months beginning with the date of the request under that paragraph, or

(d)submits to the Commission under paragraph (3)(a) or (b) a revised plan which in the opinion of the Commission fails to comply with subsection (4),

the Commission shall lay before the Assembly a report of that failure containing such comments and other material as appear to the Commission to be appropriate to bring to the attention of the Assembly.

(7)A public authority—

(a)shall review its current plan under this section—

(i)in the case of an authority in relation to which there is a scheme under Schedule 9 to the Northern Ireland Act 1998, at the same time as the authority reviews its current scheme under paragraph 8(3) of that Schedule;

(ii)in the case of any other authority, at such times as the Commission may request; and

(b)inform the Commission of the outcome of the review.

(8)In this section—

  • “the appointed day”, “the Commission” and “public authority” have the same meanings as in section 49A;

  • “the relevant functions” means the functions of the public authority or, in the case of a plan submitted in response to a request which specifies particular functions of the public authority, those functions.]

Textual Amendments