Citation

1.  This Order may be cited as the Disability Discrimination Code of Practice (Public Authorities) (Duty to Promote Equality, Scotland) (Appointed Day) Order 2006.

Appointed Day

2.  1st February 2006 is the day appointed for the coming into effect of the Code of Practice laid before Parliament in draft on 24th November 2005 and issued by the Disability Rights Commission under section 53A(1C) of the Disability Discrimination Act 1995(2), entitled “The Duty to Promote Disability Equality: Statutory Code of Practice (Scotland)”(3).

Explanatory Note

(This note is not part of the Order)

This Order appoints 1st February 2006 for the coming into effect of the Code of Practice on the duty to promote disability equality entitled “The Duty to Promote Disability Equality: Statutory Code of Practice (Scotland)”.

The Code has been prepared and issued by the Disability Rights Commission under section 53A(1C) of the Disability Discrimination Act 1995, as amended by the Disability Discrimination Act 2005. It provides practical guidance to Scottish public authorities and cross-border authorities (within the meaning of section 88(5) of the Scotland Act 1998), regarding their functions in Scotland concerning non-reserved matters, in connection with the duties imposed by sections 49A and 49D of the Disability Discrimination Act 1995, as amended. Section 49A imposes a general duty on public authorities to have due regard to certain matters, including the need to eliminate disability discrimination and the need to promote equality of opportunity. Section 49D provides power to impose specific duties, which has been exercised in relation to Scotland in the Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005 (S.S.I. 2005/565).

The Disability Rights Commission has issued a separate Code of Practice giving practical guidance to public authorities and cross-border authorities regarding their functions in England and Wales and their functions concerning reserved matters in Scotland, entitled “The Duty to Promote Disability Equality: Statutory Code of Practice (England and Wales)” (ISBN 0 11 703605 6), which came into effect on 5th December 2005 (S.I. 2005/3340).

A copy of the regulatory impact assessment in respect of the duties dealt with in this Code of Practice may be obtained free of charge from the Scottish Parliament Information Centre, Scottish Parliament, Edinburgh, EH99 1SP.

A copy of the Code of Practice (ISBN 0 11 703606 4) may be obtained from The Stationery Office Limited, PO Box 29, Norwich NR3 1GN (telephone orders 0870 600 5522, fax orders 0870 600 5533, e-mail: bookorders@tso.co.uk, textphone 0870 240 3701, internet http://www.tso.co.uk/bookshop) and from The Stationery Office Bookshops, or may be downloaded free of charge from the DRC website: http://www.drc-gb.org.