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Disability Discrimination Act 1995 (C. 50)
as inserted by the Special Educational Needs and Disability Act 2001 |
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| to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council. |
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Functions exercisable solely by WAG or the National Assembly for Wales. |
The only Ministerial functions exercisable by the Welsh Ministers are the following:- section 28D: Power of the Welsh Ministers to make regulations prescribing for the period to be covered by the accessibility strategy and plans; to prescribe by regulations of further plans by the responsible body; to prescribe when LEAs and schools should produce new strategies and plans. LEAs and schools will have to keep their strategies and plans under review, and revise them if necessary in light of that review; prescribe services which are, or services which are not, to be regarded for the purposes of this section as being- (a) education; or (b) an associated service.
- section 28E: Power of the Welsh Ministers to issue guidance about reviewing and revising their strategies. If the National Welsh Ministers asks for a copy of- (a) the accessibility strategy prepared by a local education authority in Wales, or (b) the accessibility plan prepared by the proprietor of an independent school in Wales, the strategy or plan must be given to it.
- section 28M: Power to issue direction to a LEA or a school if satisfied that they have not complied with, or have acted unreasonably in carrying out, their duties to plan under sections 28D or 28E. Power to vary, revoke and enforce by mandatory orders such directions.
- section 49A: Duty to have due regard to a) the need to eliminate discrimination that is unlawful under this Act;
(b) the need to eliminate harassment of disabled persons that is related to their disabilities;
(c) the need to promote equality of opportunity between disabled persons and other persons;
(d) the need to take steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons;
(e) the need to promote positive attitudes towards disabled persons; and
(f) the need to encourage participation by disabled persons in public life.
- section 17A or 25: Power to issue certificates for conditions or requirements specified in the certificate to be conclusive evidence of the matters certified in proceedings under sections 17, 17A or 25, 28I, 28K or 28L, 28V.
- section 67: Power to incidental, supplemental, consequential or transitional provision.
- Schedule 3, paragraph 4(1B): Power to certify that for the purposes of section 17A or 25(8) specified conditions or requirements were in operation at specified times.
- Schedule 3, paragraph 8(4): Power to certify that for the purposes of section 25 specified conditions or requirements were in operation at specified times.
- Schedule 3, paragraph 11(1B): Power to certify that for the purposes of section 28I, 28K, 28L specified conditions or requirements were in operation at specified times.
- Schedule 3, paragraph 15(1B)(a): Power to certify that for the purposes of section 28V specified conditions or requirements were in operation at specified times.
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