How does this (the Disability Equality Duty) affect procurement commissioning and contracting?
If the contractor is itself performing a public function, standing in the shoes of a statutory body, then it will constitute a public authority and be subject to the general duty in respect of the public functions which it carries out.
If the contractor is not itself performing a public function but merely providing services on behalf of the public authority, the obligations to comply with the duty remains with the public authority that contracts out the function. This means that the contracting public authority, and in particular those procuring or commissioning a service, need to build relevant disability considerations into that process to ensure that the authority is meeting the duty even when the service is being carried out by an external contractor.
Wednesday, 26 September 2007
One of the answers
From the DRC website. And while we're on: Congratulations on a good job done so far. Sorry to lose you on the 28th. Hope the Commission for Equality and Human Rights can do as well.