Disability Discrimination Act 1995

1995 c. 50

An Act 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.

[8th November 1995]

F1 C1 E1 C2 C3 C4 C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Extent Information

Act extends to Northern Ireland subject to modifications: see s. 70(6), Sch. 8.

Amendments (Textual)

Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

Act restricted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 21, 46 (with s. 38)

Act restricted (8.8.1998) by S.I. 1996/1919 (N.I. 16), art. 160(1)(b) (as substituted (8.8.1998) by S.I. 1998/1265 (N.I. 8), arts. 1(2), 15(3); S.R. 1998/274, art. 2(1), Sch. 1 (with savings and transitional provisions in art. 3))

Act: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 8(a), Sch. 6 Pt. I

Act (except ss. 8, 9(4)(d), 10(2)(b)): transfer of certain functions (N.I.)(1.12.1999) by S.R. 1999/481, art. 4(a), Sch. 2 Pt. I

Act: power to amend conferred (N.I) (1.9.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 38(6); S.R. 2005/336, art. 2, Sch.

Act: applied (with modifications) (S.) (3.11.2008) by The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations (S.S.I. 2008/356), {regs. 2, 33(1)}

Act applied (N.I.) (10.12.2015) by Children's Services Co-operation Act (Northern Ireland) 2015 (c. 10 (N.I.)), ss. 9(3)(b), 10(1)

Act: transfer of functions (N.I.) (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 2 (with art. 9(2))

Part I Disability

I1 C61 Meaning of “disability” and “disabled person”.

F21

~~Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act~~ ~~F3and Part III of the 2005 Order~~ ~~if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.~~

2

~~In this Act~~ ~~F3and Part III of the 2005 Order~~“~~disabled person” means a person who has a disability.~~

I2 E22 Past disabilities.

F41

~~The provisions of this Part and Parts II~~ ~~F5, III and VAF6and Part III of the 2005 Order~~ ~~apply in relation to a person who has had a disability as they apply in relation to a person who has that disability.~~

2

~~Those provisions are subject to the modifications made by Schedule 2.~~

3

~~Any regulations or order made under this Act~~ ~~F7or Part III of the 2005 Order~~ ~~may include provision with respect to persons who have had a disability.~~

4

~~In any proceedings under Part II~~ ~~F8, III or VA~~ ~~of this Act~~ ~~F9or Part III of the 2005 Order, the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act~~ ~~F9or Part III of the 2005 Order~~ ~~in force when the act complained of was done had been in force at the relevant time.~~

5

~~The relevant time may be a time before the passing of this Act~~ ~~F10or (as the case may be) the making of the 2005 Order~~.

~~In this section—~~

“~~the Department” means the Department of Economic Development;~~
“~~guidance” means guidance issued by the Department under this section and includes guidance which has been revised and re-issued;~~
“~~statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.~~

C8Part IIF119THE EMPLOYMENT FIELDF120 AND DISTRICT COUNCILSF121and members of locally-electable authorities

Annotations:

Amendments (Textual)

F119

Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)

F120

Pt. II heading: words inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 4}; S.R. 2007/466, art. 2(2)(l)

F121

Pt 2 heading: words inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 4; S.I 2005/2774, {art. 3(j)}

Modifications etc. (not altering text)

Pt. II applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(b); S.I. 2013/1682, art. 3(k)

F122Meaning of “discrimination” and “harassment”

Annotations:

Amendments (Textual)

F122

Ss. 3A, 3B and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(2)} and said sections and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {4(2)}

3AMeaning of “discrimination”

~~F18~~

1

~~For the purposes of this Part, a person discriminates against a disabled person if—~~

a

~~for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply, and~~

b

~~he cannot show that the treatment in question is justified.~~

2

~~For the purposes of this Part, a person also discriminates against a disabled person if he fails to comply with a duty to make reasonable adjustments imposed on him in relation to the disabled person.~~

3

~~Treatment is justified for the purposes of subsection (1)(b) if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.~~

4

~~But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within subsection (5).~~

5

A person directly discriminates against a disabled person if, on the ground of the disabled person’s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person.

6

If, in a case falling within subsection (1), a person is under a duty to make reasonable adjustments in relation to a disabled person but fails to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with that duty.

3BMeaning of “harassment”

~~F19~~

1

For the purposes of this Part, a person subjects a disabled person to harassment where, for a reason which relates to the disabled person’s disability, he engages in unwanted conduct which has the purpose or effect of—

a

~~violating the disabled person’s dignity, or~~

b

~~creating an intimidating, hostile, degrading, humiliating or offensive environment for him.~~

2

Conduct shall be regarded as having the effect referred to in paragraph (a) or (b) of subsection (1) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect.

F25Employment

Annotations:

Amendments (Textual)

F25

Ss. 4-4F and cross-headings substituted for ss. 4-6 and preceding cross-heading (E.W.S) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5

~~This section applies only in relation to employment at an establishment in Northern Ireland.~~

E54AF26Employers: duty to make adjustments

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E64AF27Employers: duty to make adjustments

1

Where –

a

a provision, criterion or practice applied by or on behalf of an employer, or

b

any physical feature of premises occupied by the employer,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

2

In subsection (1), “the disabled person concerned” means –

a

in the case of a provision, criterion or practice for determining to whom employment should be offered, any disabled person who is, or has notified the employer that he may be, an applicant for that employment;

b

in any other case, a disabled person who is –

i

an applicant for the employment concerned, or

ii

an employee of the employer concerned.

3

Nothing in this section imposes any duty on an employer in relation to a disabled person if the employer does not know, and could not reasonably be expected to know –

a

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the employment; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

F235 Meaning of “discrimination”

F803. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F246 Duty of employer to make adjustments.

F804. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Exemption for small businesses.

F805. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F126F124Contract workers

Annotations:

Amendments (Textual)

F126

Ss. 4-4K and cross-headings substituted for s. 4 and preceding cross-heading (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5(1)

F124

Ss. 4-4F and cross-headings substituted for ss. 4-6 and preceding cross-heading (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5(1)

E74BF123Contract workers

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E84BF29Contract workers

1

It is unlawful for a principal, in relation to contract work, to discriminate against a disabled person who is a contract worker (a “disabled contract worker”) –

a

in the terms on which he allows him to do that work;

b

by not allowing him to do it or continue to do it;

c

in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or

d

by subjecting him to any other detriment.

2

It is also unlawful for a principal, in relation to contract work, to subject a disabled contract worker to harassment.

3

Subsection (1) does not apply to benefits of any description if the principal is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the contract worker in question, unless that provision differs in a material respect from the provision of the benefits by the principal to contract workers.

4

This subsection applies to a disabled contract worker where, by virtue of –

a

a provision, criterion or practice applied by or on behalf of all or most of the principals to whom he is or might be supplied, or

b

a physical feature of premises occupied by such persons,

he is likely, on each occasion when he is supplied to a principal to do contract work, to be placed at a substantial disadvantage in comparison with persons who are not disabled which is the same or similar in each case.

5

Where subsection (4) applies to a disabled contract worker, his employer must take such steps as he would have to take under section 4A if the provision, criterion or practice were applied by him or on his behalf or (as the case may be) if the premises were occupied by him.

6

Section 4A applies to any principal, in relation to contract work, as if he were, or would be, the employer of the disabled contract worker and as if any contract worker supplied to do work for him were an employee of his.

7

However, for the purposes of section 4A as applied by subsection (6), a principal is not required to take a step in relation to a disabled contract worker if under that section the disabled contract worker’s employer is required to take the step in relation to him.

8

This section applies only in relation to contract work done at an establishment in Northern Ireland (the provisions of section 68 about the meaning of “employment at an establishment in Northern Ireland” applying for the purposes of this subsection with the appropriate modifications).

9

In this section –

“principal” means a person (“A”) who makes work available for doing by individuals who are employed by another person who supplies them under a contract made with A;
“contract work” means work so made available; and
“contract worker” means any individual who is supplied to the principal under such a contract.

F126F124Office-holders

E94CF124Office-holders: introductory

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any office of a political party.

E104DF124Office-holders: discrimination and harassment

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

Where –

a

a provision, criterion or practice applied by or on behalf of a relevant person, or

b

any physical feature of premises –

i

under the control of a relevant person, and

ii

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

E124FF124Office-holders: supplementary

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E164FOffice-holders: supplementary

1

In sections 4C to 4E, appointment to an office or post does not include election to an office or post.

2

In sections 4D and 4E, “relevant person” means –

a

in a case relating to an appointment to an office or post, the person with power to make that appointment;

b

in a case relating to the making of a recommendation or the giving of an approval in relation to an appointment, a person or body referred to in section 4C(3)(b) with power to make that recommendation or (as the case may be) to give that approval;

c

in a case relating to a term of an appointment, the person with power to determine that term;

d

in a case relating to a working condition afforded in relation to an appointment –

i

the person with power to determine that working condition; or

ii

where there is no such person, the person with power to make the appointment;

e

in a case relating to the termination of an appointment, the person with power to terminate the appointment;

f

in a case relating to the subjection of a disabled person to any other detriment or to harassment, any person or body falling within one or more of paragraphs (a) to (e) in relation to such cases as are there mentioned.

3

In subsection (2)(d), “working condition” includes –

a

any opportunity for promotion, a transfer, training or receiving any other benefit; and

b

any physical feature of premises at or from which the functions of an office or post are performed.

F126F124Occupational pension schemes

E224GF127Occupational pension schemes: non-discrimination rule

F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

is liable to be unduly complex or protracted, or

ii

involves the obtaining of consents which cannot be obtained, or can only be obtained with undue delay or difficulty,

by resolution make such alterations to the scheme.

6

The alterations referred to in subsection (5) may have effect in relation to a period before the alterations are made (but may not have effect in relation to a period before the coming into operation of this section).

E234HF127 Occupational pension schemes: duty to make adjustments

F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E184HOccupational pension schemes: duty to make adjustments

1

Where –

a

a provision, criterion or practice (including a scheme rule) applied by or on behalf of the trustees or managers of an occupational pension scheme, or

b

any physical feature of premises occupied by the trustees or managers,

places a relevant disabled person at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the trustees or managers to take such steps as it is reasonable, in all the circumstances of the case, for them to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

2

The making of alterations to scheme rules is (in addition to the examples set out in section 18B(2)) an example of a step which trustees or managers may have to take in order to comply with the duty set out in subsection (1).

3

Nothing in subsection (1) imposes any duty on trustees or managers in relation to a disabled person if they do not know, and could not reasonably be expected to know –

a

that the disabled person is a relevant disabled person; or

b

that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

E244IF127 Occupational pension schemes: procedure

F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E194IOccupational pension schemes: procedure

1

Where under section 17A a relevant disabled person presents a complaint to an industrial tribunal that the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part, the employer in relation to that scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.

2

In this section, “employer”, in relation to an occupational pension scheme, has the meaning given by Article 121(1) of the Pensions (Northern Ireland) Order 1995 F36 as at the date of coming into operation of this section.

E254JF127 Occupational pension schemes: remedies

F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

In their application to communications, sections 4G to 4J apply in relation to a disabled person who is –

a

entitled to the present payment of dependants' or survivors' benefits under an occupational pension scheme; or

b

a pension credit member of such a scheme,

as they apply in relation to a disabled person who is a pensioner member of the scheme.

2

In sections 4G to 4J and in this section –

“active member”, “deferred member”, “managers"“, “pension credit member”, “pensioner member” and “trustees or managers” have the meanings given by Article 121(1) of the Pensions (Northern Ireland) Order 1995 as at the date of coming into operation of this section;
“communications” includes –
1. i
  the provision of information, and
2. ii
  the operation of a dispute resolution procedure;
“member”, in relation to an occupational pension scheme, means any active, deferred or pensioner member;
“non-discrimination rule” means the rule in section 4G(1);
“relevant disabled person”, in relation to an occupational pension scheme, means a disabled person who is a member or prospective member of the scheme; and
“prospective member” means any person who, under the terms of his contract of employment or the scheme rules or both –
1. i
  is able, at his own option, to become a member of the scheme,
2. ii
  will become so able if he continues in the same employment for a sufficiently long period,
3. iii
  will be admitted to it automatically unless he makes an election not to become a member, or
4. iv
  may be admitted to it subject to the consent of his employer.

F129F128Partnerships

Annotations:

Amendments (Textual)

F129

Ss. 6A-6C and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 6

F128

Ss. 6A-6C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003

(S.I. 2003/1673), regs. 1(2)(3), {6}

E276AF128Partnerships: discrimination and harassment

F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E306AF129Partnerships: discrimination and harassment

1

It is unlawful for a firm, in relation to a position as partner in the firm, to discriminate against a disabled person –

a

in the arrangements which they make for the purpose of determining who should be offered that position;

b

in the terms on which they offer him that position;

c

by refusing or deliberately omitting to offer him that position; or

d

in a case where the person already holds that position –

i

in the way they afford him access to any benefits or by refusing or deliberately omitting to afford him access to them; or

ii

by expelling him from that position, or subjecting him to any other detriment.

2

It is also unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a disabled person who holds or has applied for that position.

3

Subsection (1) does not apply to benefits of any description if the firm are concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the partner in question, unless that provision differs in a material respect from the provision of the benefits to other partners.

4

i

a partner, or

ii

a candidate for the position of partner.

3

Nothing in this section imposes any duty on a firm in relation to a disabled person if the firm do not know, and could not reasonably be expected to know –

a

in the case of a candidate or potential candidate, that the disabled person concerned is, or may be, a candidate for the position of partner; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

4

Where a firm are required by this section to take any steps in relation to the disabled person concerned, the cost of taking those steps shall be treated as an expense of the firm; and the extent to which such cost should be borne by that person, where he is or becomes a partner in the firm, shall not exceed such amount as is reasonable, having regard in particular to the proportion in which he is entitled to share in the firm’s profits.

E296CF128Partnerships: supplementary

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E326CF129Partnerships: supplementary

1

Sections 6A(1)(a) to (c) and (2) and section 6B apply in relation to persons proposing to form themselves into a partnership as they apply in relation to a firm.

2

Sections 6A and 6B apply to a limited liability partnership as they apply to a firm; and, in the application of those sections to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.

3

In the case of a limited partnership, references in sections 6A and 6B to a partner shall be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907 F45.

4

In sections 6A and 6B and in this section, “firm” has the meaning given by section 4 of the Partnership Act 1890 F46.

F130Barristers and advocatesF131Barristers

Annotations:

Amendments (Textual)

F130

Ss. 7A-7D and cross-heading inserted (E.W. for ss. 7A, 7B, S. for ss. 7C, 7D) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 8 - see also s. 70(5A)(5B) of this Act.

F131

Ss. 7A, 7B and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 8

E337AF130Barristers: discrimination and harassment

F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E357AF131Barristers: discrimination and harassment

1

It is unlawful for a barrister, in relation to taking any person as his pupil, to discriminate against a disabled person –

a

in the arrangements which he makes for the purpose of determining whom he will take as his pupil;

b

in respect of any terms on which he offers to take the disabled person as his pupil; or

c

by refusing, or deliberately omitting, to take the disabled person as his pupil.

2

It is unlawful for a barrister, in relation to a disabled person who is a pupil, to discriminate against him –

a

in respect of any terms applicable to him as a pupil;

b

in the opportunities for training, or gaining experience, which are afforded or denied to him;

c

in the benefits which are afforded or denied to him;

d

by terminating the relationship or by subjecting him to any pressure to leave; or

e

by subjecting him to any other detriment.

3

It is unlawful for a barrister, in relation to taking any person as his pupil, to subject to harassment a disabled person who is, or has applied to be taken as, his pupil.

4

It is also unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against a disabled person or to subject him to harassment.

5

In this section and section 7B “pupil” has the meaning commonly associated with its use in the context of a person training as a barrister.

E347BF130Barristers: duty to make adjustments

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E367BF131Barristers: duty to make adjustments

1

Where –

a

a provision, criterion or practice applied by or on behalf of a barrister, or

b

any physical feature of premises occupied by, and under the control of, a barrister,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the barrister to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

2

In this section, “the disabled person concerned” means –

a

in the case of a provision, criterion or practice for determining whom he will take as his pupil, any disabled person who has applied, or has notified the barrister that he may apply, to be taken as a pupil;

b

in any other case, a disabled person who is –

i

an applicant to be taken as the barrister’s pupil, or

ii

a pupil.

3

Nothing in this section imposes any duty on a barrister in relation to a disabled person if he does not know, and could not reasonably be expected to know –

a

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, applying to be taken as his pupil; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

7CF130Advocates: discrimination and harassment

F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7DF130Advocates: duty to make adjustments

F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F57 Enforcement etc.

Annotations:

Amendments (Textual)

F57

Cross-heading "Enforcement etc." preceding s. 8 moved (to follow s. 17) (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 9 and said cross-heading moved (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {9}

F51 E37 I48 Enforcement, remedies and procedure.

1

A complaint by any person that another person—

a

has discriminated against him in a way which is unlawful under this Part, or

b

c

3

4

5

If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—

a

increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or

b

make an order under subsection (2)(b).

6

Regulations may make provision—

a

for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and

b

7

Regulations may modify the operation of any order made under paragraph 6A of Schedule 9 to the Employment Protection (consolidation)Act 1978 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).

8

Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

9 Validity of certain agreements.

F807. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 F55 Charities and support for particular groups of persons.

F808. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 Advertisements suggesting that employers will discriminate against disabled persons

F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discrimination by other persons

12 Discrimination against contract workers.

F809. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15 Appeal against refusal of exemption certificate.

F810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133F132Trade and professional bodies

Annotations:

Amendments (Textual)

F133

Ss. 13-14D and cross-headings substituted for ss. 13-15 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.I. 2004/55), regs. 1(2)(3), 13

F132

Ss. 13-14D and cross-headings substituted for ss. 13-15 (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 13

E38 X113F132Trade organisations: discrimination and harassment

F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.

E39 X214F132Trade organisations: duty to make adjustments

F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E45 X414F133Trade organisations: duty to make adjustments

1

Where –

a

a provision, criterion or practice applied by or on behalf of a trade organisation, or

b

any physical feature of premises occupied by the organisation,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the organisation to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

2

In this section “the disabled person concerned” means –

a

in the case of a provision, criterion or practice for determining to whom membership should be offered, any disabled person who is, or has notified the organisation that he may be, an applicant for membership;

b

in any other case, a disabled person who is –

i

a member of the organisation; or

ii

an applicant for membership of the organisation.

3

Nothing in this section imposes any duty on an organisation in relation to a disabled person if the organisation does not know, and could not reasonably be expected to know –

a

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for membership of the organisation; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

E4014AF132Qualifications bodies: discrimination and harassment

F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

section 3A(4) has effect as if the reference to section 3A(3) were a reference to subsection (3) of this section.

5

In this section and section 14B –

“qualifications body” means any authority or body which can confer a professional or trade qualification, but it does not include –
1. a
  a board;
2. b
  the Board of Governors of a grant-aided school;
3. c
  the proprietor of an independent school;
4. d
  the Council for Catholic Maintained Schools;
5. e
  the governing body of a university;
6. f
  the governing body of an instutution of further education;
7. g
  the managers of a college of education;
8. h
  the governing body of the College of Agriculture, Food and Rural Enterprise;
“confer” includes renew or extend;
“professional or trade qualification” means an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular profession or trade;
“competence standard” means an academic, medical or other standard applied by or on behalf of a qualifications body for the purpose of determining whether or not a person has a particular level of competence or ability.

6

Words and expressions used in the definition of “qualifications body”in subsection (5) to which a meaning is assigned by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 F64 have the same meaning as in that Order.

E4114BF132Qualifications bodies: duty to make adjustments

F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E4714BF133Qualifications bodies: duty to make adjustments

1

Where –

a

a provision, criterion or practice, other than a competence standard, applied by or on behalf of a qualifications body; or

b

any physical feature of premises occupied by a qualifications body,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the qualifications body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

2

In this section “the disabled person concerned” means –

a

in the case of a provision, criterion or practice for determining on whom a professional or trade qualification is to be conferred, any disabled person who is, or has notified the qualifications body that he may be, an applicant for the conferment of that qualification;

b

in any other case, a disabled person who –

i

holds a professional or trade qualification conferred by the qualifications body, or

ii

applies for a professional or trade qualification which it confers.

3

Nothing in this section imposes a duty on a qualifications body in relation to a disabled person if the body does not know, and could not reasonably be expected to know –

a

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the conferment of a professional or trade qualification; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

F133F132Practical work experience

E4214CF132Practical work experience: discrimination and harassment

F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act.

4

In this section and section 14D –

“work placement” means practical work experience undertaken for a limited period for the purposes of a person’s vocational training;
“placement provider” means any person who provides a work placement to a person whom he does not employ.

5

This section and section 14D do not apply to a work placement undertaken in any of the naval, military and air forces of the Crown.

E4314DF132Practical work experience: duty to make adjustments

F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E4914DF133Practical work experience: duty to make adjustments

1

Where –

a

a provision, criterion or practice applied by or on behalf of a placement provider, or

b

any physical feature of premises occupied by the placement provider,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the placement provider to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

2

In this section, “the disabled person concerned” means –

a

in the case of a provision, criterion or practice for determining to whom a work placement should be offered, any disabled person who is, or has notified the placement provider that he may be, an applicant for that work placement;

b

in any other case, a disabled person who is –

i

an applicant for the work placement concerned, or

ii

undertaking a work placement with the placement provider.

3

Nothing in this section imposes any duty on a placement provider in relation to the disabled person concerned if he does not know, and could not reasonably be expected to know –

a

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the work placement; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

F134Relationships between locally-electable authorities and their membersF135Relationships between district councils and their members

Annotations:

Amendments (Textual)

F134

Ss. 15A-15C and cross-heading inserted (E.W.S.) (5.12. 2005 so far as the amending provision inserts s. 15A to the extent that it relates to s. 15B, and s. 15B, and 4.12.2006 so far as the amending provision is not already in force) by Disability Discrimination Act 2005 (c. 13), ss. 1, 20(3)-(6); S.I. 2005/2774, arts. 3(a), 4(a)

F135

Ss. 15A-15C and cross-heading inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1), ss. 1(2), 3; S.R. 2007/466, art. {2(2)(a)}

E5015AF134Interpretation of sections 15B and 15C

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E5315AF135Interpretation of sections 15B and 15C

1

In sections 15B and 15C “council” means a district council.

2

In relation to a member of a council, a reference in those sections to his carrying-out of official business is to his doing of anything—

a

as member of the council;

b

as member of any body to which he is appointed by, or is appointed following nomination by, the council or a group of bodies that includes the council; or

c

as member of any other body if it is a public body.

E5115BF134Authorities and their members: discrimination and harassment

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E5415BF135Councils and their members: discrimination and harassment

1

It is unlawful for a council to discriminate against a disabled person who is a member of the council—

a

in the opportunities which it affords the disabled person to receive training, or any other facility, for his carrying-out of official business;

b

by refusing to afford, or deliberately not affording, the disabled person any such opportunities; or

c

by subjecting the disabled person to any other detriment in connection with his carrying-out of official business.

2

It is unlawful for a council to subject a disabled person who is a member of the council to harassment in connection with his carrying-out of official business.

3

A member of a council is not subjected to a detriment for the purposes of subsection (1)(c) by reason of—

a

his not being appointed or elected to an office of the council;

b

his not being appointed or elected to, or to an office of, a committee or sub-committee of the council; or

c

his not being appointed or nominated in exercise of any power of the council, or of a group of bodies that includes the council, to appoint, or nominate for appointment, to any body.

4

Regulations may make provision as to the circumstances in which treatment is to be taken to be justified, or is to be taken not to be justified, for the purposes of section 3A(1)(b) as it has effect for the interpretation of “discriminate” in subsection (1).

5

Regulations under subsection (4) may (in particular) provide for section 3A(3) to apply with prescribed modifications, or not to apply, for those purposes; but treatment of a disabled person cannot be justified under subsection (4) if it amounts to direct discrimination falling within section 3A(5).

6

If, in a case falling within section 3A(1) as it has effect for the interpretation of “discriminate” in subsection (1), a council is under a duty imposed by section 15C in relation to a disabled person but fails to comply with that duty, its treatment of that person cannot be justified under subsection (4) unless it would have been justified even if it had complied with that duty.

E5215CF134Authorities and their members: duty to make adjustments

F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E5515CF135Councils and their members: duty to make adjustments

1

Subsection (2) applies where—

a

a provision, criterion or practice applied by or on behalf of a council, or

b

any physical feature of premises occupied by, or under the control of, a council,

places a disabled person who is a member of the council at a substantial disadvantage, in comparison with members of the council who are not disabled persons, in connection with his carrying-out of official business.

2

It is the duty of the council to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

3

Subsection (2) does not impose any duty on a council in relation to a member of the council who is a disabled person if the council does not know, and could not reasonably be expected to know, that the member—

a

has a disability; and

b

is likely to be affected in the way mentioned in subsection (1).

4

Regulations may make provision, for purposes of this section—

a

as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken to have the effect mentioned in subsection (1);

b

as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken not to have the effect mentioned in subsection (1);

c

as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a council to have to take steps of a prescribed description;

d

as to steps which it is always, or as to steps which it is never, reasonable for a council to have to take;

e

as to things which are, or as to things which are not, to be treated as physical features.

F70. . .

Annotations:

Amendments (Textual)

F70

Cross-heading preceding s. 16 omitted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 14(1) and said cross-heading repealed (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3). {14(1)}

16 Alterations to premises occupied under leases.

F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F137F136Other unlawful acts

Annotations:

Amendments (Textual)

F137

Ss. 16A-16C and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 15

F136

Ss. 16A-16C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 15(1)

E5616AF136Relationships which have come to an end

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to subject the disabled person to harassment,

where the discrimination or harassment arises out of and is closely connected to the relevant relationship.

4

This subsection applies where –

a

a provision, criterion or practice applied by the relevant person to the disabled person in relation to any matter arising out of the relevant relationship, or

b

a physical feature of premises which are occupied by the relevant person,

places the disabled person at a substantial disadvantage in comparison with persons who are not disabled, but are in the same position as the disabled person in relation to the relevant person.

5

Where subsection (4) applies, it is the duty of the relevant person to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, practice or criterion, or feature, having that effect.

6

Nothing in subsection (5) imposes any duty on the relevant person if he does not know, and could not reasonably be expected to know, that the disabled person has a disability and is likely to be affected in the way mentioned in that subsection.

7

In subsection (2), reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before the commencement of this section, reference to such an act which would, after the commencement of this section, be unlawful.

E5716BF136Discriminatory advertisements

F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any work placement (within the meaning of section 14C);

i

any employment services F80. . . .

4

In this section, “advertisement” includes every form of advertisement or notice, whether to the public or not.

E5816CF136Instructions and pressure to discriminate

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E6116CF137Instructions and pressure to discriminate

1

It is unlawful for a person –

a

who has authority over another person, or

b

in accordance with whose wishes that other person is accustomed to act,

to instruct him to do any act which is unlawful under this Part or, to the extent that it relates to the provision of employment services, Part III, or to procure or attempt to procure the doing by him of any such act.

2

It is also unlawful to induce, or attempt to induce, a person to do any act which contravenes this Part or, to the extent that it relates to the provision of employment services, Part III by –

a

providing or offering to provide him with any benefit, or

b

subjecting or threatening to subject him to any detriment.

3

An attempted inducement is not prevented from falling within subsection (2) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.

F81. . .

Annotations:

Amendments (Textual)

F81

Cross-heading preceding s. 17 repealed (E.W.S.) (1.12.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Pensions) Regulations (S.I. 2003/2770), regs. 1(2)(3), {4(1)} and said cross-heading repealed (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {5(2)}

17 Occupational pension schemes.

F811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95 Enforcement etc.

Annotations:

Amendments (Textual)

F95

Cross-heading preceding s. 8 moved (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 9(1); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(1)

F82 E62 I517A Enforcement, remedies and procedure.

F831

~~A complaint by any person that another person—~~

a

~~has discriminated against him~~ ~~F84, or subjected him to harassment,~~ ~~in a way which is unlawful under this Part, or~~

b

~~is, by virtue of section 57 or 58, to be treated as having~~ ~~F85done so~~,

~~may be presented to an industrial tribunal.~~

F861A

~~Subsection (1) does not apply to a complaint under section 14A(1) or (2) about an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.~~

1B

Where, on the hearing of a complaint under subsection (1), the complainant proves facts from which the tribunal could, apart from this subsection, conclude in the absence of an adequate explanation that the respondent has acted in a way which is unlawful under this Part, the tribunal shall uphold the complaint unless the respondent proves that he did not so act.

2

~~Where an industrial tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—~~

a

~~making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;~~

b

~~ordering the respondent to pay compensation to the complainant;~~

c

F873

4

5

a

~~increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or~~

b

~~make an order under subsection (2)(b).~~

6

~~Regulations may make provision—~~

a

~~for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and~~

b

F887

~~Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996~~ ~~F89 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).~~

8

~~Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.~~

17BF97Enforcement of sections F9216B(1) and 16C

F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E6317BF96Enforcement of sections F9016B(1) and 16C

1

Only the Commission may bring proceedings in respect of a contravention of section F9016B(1) (discriminatory advertisements) or section 16C (instructions and pressure to discriminate).

2

The Commission shall bring any such proceedings in accordance with subsection (3) or (4).

3

The Commission may present to an industrial tribunal a complaint that a person has done an act which is unlawful under section F9016B(1) or 16C; and if the tribunal finds that the complaint is well-founded it shall make a declaration to that effect.

4

Where –

a

a tribunal has made a finding pursuant to subsection (3) that a person has done an act which is unlawful under section F9016B(1) or 16C,

b

that finding has become final, and

c

it appears to the Commission that, unless restrained, he is likely to do a further act which is unlawful under F91section 16B(1) or (as the case may be) section 16C,

the Commission may apply to a county court for an injunction restraining him from doing such an act; and the court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or in more limited terms.

5

A finding of a tribunal under subsection (3) in respect of any act shall, if it has become final, be treated as conclusive by a county court upon an application under subsection (4).

6

A finding of a tribunal becomes final for the purposes of this section when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.

7

An industrial tribunal shall not consider a complaint under subsection (3) unless it is presented before the end of the period of six months beginning when the act to which it relates was done; and a county court shall not consider an application under subsection (4) unless it is made before the end of the period of five years so beginning.

8

A court or tribunal may consider any such complaint or application which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

9

The provisions of paragraph 3(3) and (4) of Schedule 3 apply for the purposes of subsection (7) as they apply for the purposes of paragraph 3(1) of that Schedule.

10

In this section “the Commission” means the Equality Commission for Northern Ireland.

E6517CF97Validity of contracts, collective agreements and rules of undertakings

F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E6417CF96Validity of contracts, collective agreements and rules of undertakings

Schedule 3A shall have effect.

F138Supplementary and general

Annotations:

Amendments (Textual)

F138

Cross-heading "Supplementary and General" inserted (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 17(1); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004

(S.R. 2004/55), regs. 1(2)(3), {17(1)}

18 Insurance services.

F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99 I6 C718A Alterations to premises occupied under leases.

F1001

~~This section applies where—~~

a

~~F101a person to whom a duty to make reasonable adjustments applies(“the occupier”) occupies premises under a lease;~~

b

~~but for this section, the occupier would not be entitled to make a particular alteration to the premises; and~~

c

~~the alteration is one which the occupier proposes to make in order to comply with~~ ~~F102that duty~~.

2

~~Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—~~

a

~~for the occupier to be entitled to make the alteration with the written consent of the lessor;~~

b

~~for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;~~

c

~~if such an application is made, for the lessor not to withhold his consent unreasonably; and~~

d

~~for the lessor to be entitled to make his consent subject to reasonable conditions.~~

F1032A

Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided—

i

~~for the lessee to have to make a written application to the lessor for consent to the alteration;~~

ii

~~if such an application is made, for the lessor not to withhold his consent unreasonably; and~~

iii

~~for the lessor to be entitled to make his consent subject to reasonable conditions.~~

3

~~In this section—~~

“~~lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and~~
“~~sub-lease” and “sub-tenancy” have such meaning as may be prescribed.~~

4

~~If the terms and conditions of a lease—~~

a

~~impose conditions which are to apply if the occupier alters the premises, or~~

b

~~entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,~~

~~the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.~~

5

~~Part I of Schedule 4 supplements the provisions of this section.~~

E6618BF114Reasonable adjustments: supplementary

~~F104~~

1

~~In determining whether it is reasonable for a person to have to take a particular step in order to comply with a duty to make reasonable adjustments, regard shall be had, in particular, to—~~

a

~~the extent to which taking the step would prevent the effect in relation to which the duty is imposed;~~

b

~~the extent to which it is practicable for him to take the step;~~

c

~~the financial and other costs which would be incurred by him in taking the step and the extent to which taking it would disrupt any of his activities;~~

d

~~the extent of his financial and other resources;~~

e

~~the availability to him of financial or other assistance with respect to taking the step;~~

f

~~the nature of his activities and the size of his undertaking;~~

g

~~where the step would be taken in relation to a private household, the extent to which taking it would—~~

i

~~disrupt that household, or~~

ii

~~disturb any person residing there.~~

2

~~The following are examples of steps which a person may need to take in relation to a disabled person in order to comply with a duty to make reasonable adjustments—~~

a

~~making adjustments to premises;~~

b

~~allocating some of the disabled person’s duties to another person;~~

c

~~transferring him to fill an existing vacancy;~~

d

~~altering his hours of working or training;~~

e

~~assigning him to a different place of work or training;~~

f

~~allowing him to be absent during working or training hours for rehabilitation, assessment or treatment;~~

g

~~giving, or arranging for, training or mentoring (whether for the disabled person or any other person);~~

h

~~acquiring or modifying equipment;~~

i

~~modifying instructions or reference manuals;~~

j

~~modifying procedures for testing or assessment;~~

k

~~providing a reader or interpreter;~~

l

~~providing supervision or other support.~~

3

For the purposes of a duty to make reasonable adjustments, where under any binding obligation a person is required to obtain the consent of another person to any alteration of the premises occupied by him—

a

~~it is always reasonable for him to have to take steps to obtain that consent; and~~

b

~~it is never reasonable for him to have to make that alteration before that consent is obtained.~~

4

~~The steps referred to in subsection (3)(a) shall not be taken to include an application to a court or tribunal.~~

5

~~In subsection (3), “binding obligation” means a legally binding obligation (not contained in a lease (within the meaning of section 18A(3)) in relation to the premises, whether arising from an agreement or otherwise.~~

6

A provision of this Part imposing a duty to make reasonable adjustments applies only for the purpose of determining whether a person has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

F105 E6718C Charities and support for particular groups of persons.

F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E6818CF115Charities and support for particular groups of persons

1

Nothing in this Part –

a

affects any charitable instrument which provides for conferring benefits on one or more categories of person determined by reference to any physical or mental capacity; or

b

makes unlawful any act done by a charity in pursuance of any of its charitable purposes, so far as those purposes are connected with persons so determined.

2

Nothing in this Part prevents –

a

a person who provides supported employment from treating members of a particular group of disabled persons more favourably than other persons in providing such employment; or

b

the F107Department for Communities from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.

3

In this section –

“charitable instrument” means an enactment or other instrument (whenever taking effect) so far as it relates to charitable purposes;
“charitable purposes” means purposes which are exclusively charitable according to the law of Northern Ireland;
“charity” has the same meaning as in Charities Act (Northern Ireland) 1964 F108; and
“supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 F109.

E7018DF117Interpretation of Part 2

F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E6918DF116Interpretation of Part II

1

Subject to any duty to make reasonable adjustments, nothing in this Part is to be taken to require a person to treat a disabled person more favourably than he treats or would treat others.

2

In this Part –

“benefits”, except in sections 4G to 4K, includes facilities and services;
“detriment”, except in section 16C(2)(b), does not include conduct of the nature referred to in section 3B (harassment);
“discriminate”, “discrimination” and other related expressions are to be construed in accordance with section 3A;
“duty to make reasonable adjustments” means a duty imposed by or under section 4A, 4B(5) or (6), 4E, 4H, 6B, 7B, 14, 14B, 14D F110, 15C or 16A(5);
“employer” includes a person who has no employees but is seeking to employ another person;
“harassment” is to be construed in accordance with section 3B;
“physical feature”, in relation to any premises, includes F111(subject to any provision under section 15C(4)(e)) any of the following (whether permanent or temporary) –
1. a
  any feature arising from the design or construction of a building on the premises,
2. b
  any feature on the premises of any approach to, exit from or access to such a building,
3. c
  any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises,
4. d
  any other physical element or quality of any land comprised in the premises;
“provision, criterion or practice” includes any arrangements.

18EF118Premises provided otherwise than in course of a Part 2 relationship

F1131

~~This Part does not apply in relation to the provision, otherwise than in the course of a Part 2 relationship, of premises by the regulated party to the other party.~~

2

~~For the purposes of subsection (1)—~~

a

“Part 2 relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and

b

~~in relation to a Part 2 relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.~~

PART III Discrimination in Other Areas

h

~~the services of any profession or trade, or any local or other public authority.~~

4

~~In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.~~

F1424A

Subsection (1) does not apply to anything that is governed by Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

F1435

~~Regulations may provide for subsection (1) and section 21(1), (2) and (4) not to apply, or to apply only to a prescribed extent, in relation to a service of a prescribed description.~~

F1446

~~Nothing in this section or sections 20 to 21A applies to the provision of a service in relation to which discrimination is unlawful under Part III of the 2005 Order.~~

~~In subsections (3), (4) and (8) “treatment” includes failure to comply with a section 21 duty.~~

~~facilitate the use by disabled persons of such a service,~~

~~it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to provide that auxiliary aid or service.~~

5

~~Regulations may make provision, for the purposes of this section—~~

a

~~as to circumstances in which it is reasonable for a provider of services to have to take steps of a prescribed description;~~

b

~~as to circumstances in which it is not reasonable for a provider of services to have to take steps of a prescribed description;~~

c

~~as to what is to be included within the meaning of “practice, policy or procedure”;~~

d

~~as to what is not to be included within the meaning of that expression;~~

e

~~as to things which are to be treated as physical features;~~

f

~~as to things which are not to be treated as such features;~~

g

~~as to things which are to be treated as auxiliary aids or services;~~

h

~~as to things which are not to be treated as auxiliary aids or services.~~

6

~~Nothing in this section requires a provider of services to take any steps which would fundamentally alter the nature of the service in question or the nature of his trade, profession or business.~~

7

~~Nothing in this section requires a provider of services to take any steps which would cause him to incur expenditure exceeding the prescribed maximum.~~

8

~~Regulations under subsection (7) may provide for the prescribed maximum to be calculated by reference to—~~

a

~~aggregate amounts of expenditure incurred in relation to different cases;~~

b

~~prescribed periods;~~

c

~~services of a prescribed description;~~

d

~~premises of a prescribed description; or~~

e

~~such other criteria as may be prescribed.~~

9

~~Regulations may provide, for the purposes of subsection (7), for expenditure incurred by one provider of services to be treated as incurred by another.~~

10

This section imposes duties only for the purpose of determining whether a provider of services has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

E7521ZAF154Application of sections 19 to 21 to transport vehicles

F149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E7421ZAF153Application of sections 19 to 21 to transport vehicles

C151

Section 19(1)(a), (c) and (d) do not apply in relation to a case where the service is a transport service and, as provider of that service, the provider of services discriminates against a disabled person—

a

in not providing, or in providing, him with a vehicle; or

b

in not providing, or in providing, him with services when he is travelling in a vehicle provided in the course of the transport service.

C162

For the purposes of section 21(1), (2) and (4), it is never reasonable for a provider of services, as a provider of a transport service—

a

to have to take steps which would involve the alteration or removal of a physical feature of a vehicle used in providing the service;

C17b

to have to take steps which would—

i

affect whether vehicles are provided in the course of the service or what vehicles are so provided, or

ii

where a vehicle is provided in the course of the service, affect what happens in the vehicle while someone is travelling in it.

3

Regulations may provide for subsection (1) or (2) not to apply, or to apply only to a prescribed extent, in relation to vehicles of a prescribed description.

4

In this section—

“transport service” means a service which (to any extent) involves transport of people by vehicle;
“vehicle” means a vehicle for transporting people by land, air or water, and includes (in particular)—
1. a
  a vehicle not having wheels, and
2. b
  a vehicle constructed or adapted to carry passengers on a system using a mode of guided transport;
“guided transport” means transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way).

E7621AF155Employment services

~~F150~~

1

In ~~F151this Act~~ ~~, “employment services” means—~~

a

~~vocational guidance;~~

b

~~vocational training; or~~

c

~~services to assist a person to obtain or retain employment, or to establish himself as self-employed.~~

2

~~It is unlawful for a provider of employment services, in relation to such services, to subject to harassment a disabled person—~~

a

~~to whom he is providing such services, or~~

b

~~who has requested him to provide such services;~~

~~and section 3B (meaning of “harassment”) applies for the purposes of this subsection as it applies for the purposes of Part II.~~

3

~~In their application to employment services, the preceding provisions of this Part have effect as follows.~~

4

~~Section 19 has effect as if—~~

a

~~after subsection (1)(a), there were inserted the following paragraph—~~

aa
in failing to comply with a duty imposed on him by subsection (1) of section 21 in circumstances in which the effect of that failure is to place the disabled person at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of the service;

b

~~in subsection (1)(b), for “section 21” there were substituted~~ ~~“ subsection (2) or (4) of section 21 ”~~;

F152c

~~in subsection (2), for “sections 20 to 21ZA” there were substituted sections 20 to 21A.~~

5

~~Section 20 has effect as if—~~

a

~~after subsection (1), there were inserted the following subsection—~~

1A
For the purposes of section 19, a provider of services also discriminates against a disabled person if he fails to comply with a duty imposed on him by subsection (1) of section 21 in relation to the disabled person.

b

~~in subsection (2)(a), for “a section 21 duty imposed” there were substituted~~ ~~“ a duty imposed by subsection (2) or (4) of section 21 ”~~;

c

~~after subsection (3), there were inserted the following subsection—~~

3A
~~But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within section 3A(5).~~

6

~~Section 21 has effect as if—~~

a

in subsection (1), for “makes it impossible or unreasonably difficult for disabled persons to make use of” there were substituted places disabled persons at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of;

b

~~after subsection (1), there were inserted the following subsection—~~

1A
~~In subsection (1), “practice, policy or procedure” includes a provision or criterion.~~

F210F211Public authorities

Annotations:

Amendments (Textual)

F210

Ss. 21B-21E and cross-heading inserted (N.I.) (3.7.2006 for ss. 21D and 21E for the purpose only of exercising any power to make regulations, orders or rules of court, and otherwise 31.12.2007 for all remaining purposes and for all inserted sections) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312) (N.I. 1), arts. 1(2), 4; S.R. 2006/289, art. 2(2)(a); S.R. 2007/466, art. 2(2)(b)

F211

Ss. 21B-21E and cross-heading inserted (E.W.S.) (30.6.2005 for ss. 21D and 21E for the purpose only of exercising any power to make regulations, orders or rules of court and otherwise 4.12.2006 for all remaining purposes and for all inserted sections) by Disability Discrimination Act 2005 (c. 13), ss. {2}, 20(3)-(6); S.I. 2005/1676, art. 2(2)(a); S.I. 2005/2774, art. 4(a)

E8121BF211Discrimination by public authorities

F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall not be taken to prejudice the generality of subsection (1); but

b

are subject to section 21C(5).

E8221CF211Exceptions from section 21B(1)

F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E7821CF210Exceptions from section 21B(1)

1

Section 21B(1) does not apply to—

a

a judicial act (whether done by a court, tribunal or other person); or

b

an act done on the instructions, or on behalf, of a person acting in a judicial capacity.

2

Section 21B(1) does not apply to any act of, or relating to, making, confirming or approving an enactment.

3

Section 21B(1) does not apply to any act of, or relating to, imposing conditions or requirements of a kind falling within section 59(1)(c).

4

Section 21B(1) does not apply to—

a

a decision not to institute criminal proceedings;

b

where such a decision is made, an act done for the purpose of enabling the decision to be made;

c

a decision not to continue criminal proceedings; or

d

where such a decision is made—

i

an act done for the purpose of enabling the decision to be made; or

ii

an act done for the purpose of securing that the proceedings are not continued.

5

Section 21B(1) does not apply to an act of a prescribed description.

E8321DF211Meaning of “discrimination” in section 21B

F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E7921DF210Meaning of “discrimination” in section 21B

1

For the purposes of section 21B(1), a public authority discriminates against a disabled person if—

a

for a reason which relates to the disabled person's disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and

b

it cannot show that the treatment in question is justified under subsection (3), (5) or (7)(c).

2

For the purposes of section 21B(1), a public authority also discriminates against a disabled person if—

a

it fails to comply with a duty imposed on it by section 21E in circumstances in which the effect of that failure is to make it—

i

impossible or unreasonably difficult for the disabled person to receive any benefit that is or may be conferred, or

ii

c

make provision for purposes of this section (in addition to any provision for the time being made by subsections (3) to (5)) as to circumstances in which treatment, or a failure to comply with a duty, is to be taken to be justified.

E8421EF211Duties for purposes of section 21D(2) to make adjustments

F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E8021EF210Duty for purposes of section 21D(2) to make adjustments

1

Subsection (2) applies where a public authority has a practice, policy or procedure which makes it—

a

impossible or unreasonably difficult for disabled persons to receive any benefit that is or may be conferred, or

b

unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,

by the carrying-out of a function by the authority.

2

It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority to have to take in order to change that practice, policy or procedure so that it no longer has that effect.

3

Subsection (4) applies where a physical feature makes it—

a

impossible or unreasonably difficult for disabled persons to receive any benefit that is or may be conferred, or

b

by the carrying-out of a function by a public authority.

7

It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority to have to take in order to provide that auxiliary aid or service.

8

Regulations may make provision, for purposes of this section—

a

as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a public authority to have to take steps of a prescribed description;

b

as to steps which it is always, or as to steps which it is never, reasonable for a public authority to have to take;

c

as to what is, or as to what is not, to be included within the meaning of “practice, policy or procedure”;

d

as to things which are, or as to things which are not, to be treated as physical features;

e

as to things which are, or as to things which are not, to be treated as auxiliary aids or services.

9

Nothing in this section requires a public authority to take any steps which, apart from this section, it has no power to take.

10

This section imposes duties only for the purposes of determining whether a public authority has, for the purposes of section 21B(1), discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

F212Private clubs etc.

Annotations:

Amendments (Textual)

F212

Ss. 21F-21J and cross-heading inserted (E.W.S.) (30.6.2005 for ss. 21G, 21 H for certain purposes, 10.10.2005 for s. 21F for certain purposes and 5.12.2005 for all provisions insofar as not already in force) by Disability Discrimination Act 2005 (c. 13), ss. 12, 20(3)-(6); S.I. 2005/1676, art. 2(2)(c); S.I. 2005/2774, arts. {2(a)}, {3(g)} and the same sections and cross-heading inserted (N.I.) (3.7.2006 for ss. 21G and 21 H for certain purposes, 9.11.2007 for s. 21F for certain purposes and 31.12.2007 for all provisions insofar as not already in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 13; S.R. 2006/289, art. 2(2)(b); S.R. 2007/466, art. 2(1)(2)(g)

~~by refusing or deliberately omitting to afford him access to a benefit, facility or service, or~~

c

~~by subjecting him to any other detriment,~~

~~in his capacity as a guest of the association.~~

5

~~It is unlawful for an association to which this section applies to discriminate against a disabled person—~~

a

~~in the terms on which it is prepared to invite him, or permit a member or associate to invite him, to be a guest of the association;~~

b

~~by refusing or deliberately omitting to invite him to be a guest of the association; or~~

c

~~by not permitting a member or associate to invite him to be a guest of the association.~~

6

~~It is unlawful for an association to which this section applies to discriminate against a disabled person in failing in prescribed circumstances to comply with a duty imposed on it under section 21H.~~

7

~~In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.~~

~~in a case falling within section 21F(2)(a), the difference between—~~

i

~~the terms on which membership is offered to the disabled person, and~~

ii

~~those on which it is offered to other persons,~~

~~reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;~~

f

~~in a case falling within section 21F(3)(a), (c)(ii) or (d)(ii) or (4)(a), the difference between—~~

i

~~the association’s treatment of the disabled person, and~~

ii

~~its treatment of other members or (as the case may be) other associates or other guests of the association,~~

~~reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;~~

g

~~in a case falling within section 21F(5)(a), the difference between—~~

i

~~the terms on which the disabled person is invited, or permitted to be invited, to be a guest of the association, and~~

ii

~~those on which other persons are invited, or permitted to be invited, to be guests of the association,~~

~~reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service.~~

4

Any increase in the cost of affording a disabled person access to a benefit, facility or service which results from compliance with a duty under section 21H shall be disregarded for the purposes of subsection (3)(e), (f) and (g).

5

~~Regulations may—~~

a

make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for an association to hold the opinion mentioned in subsection (2)(a);

b

~~amend or omit a condition specified in subsection (3) or make provision for it not to apply in prescribed circumstances;~~

c

~~make provision as to circumstances (other than any for the time being mentioned in subsection (3)) in which treatment is to be taken to be justified for the purposes of subsection (1).~~

6

~~For the purposes of section 21F, an association also discriminates against a disabled person if—~~

a

~~it fails to comply with a duty under section 21H imposed on it in relation to the disabled person; and~~

b

~~it cannot show that its failure to comply with that duty is justified.~~

7

~~Regulations may make provision as to circumstances in which failure to comply with a duty under section 21H is to be taken to be justified for the purposes of subsection (6).~~

E8721HDuty to make adjustments

F1621

~~Regulations may make provision imposing on an association to which section 21F applies—~~

a

~~a duty to take steps for a purpose relating to a policy, practice or procedure of the association, or a physical feature, which adversely affects disabled persons who—~~

i

~~are, or might wish to become, members or associates of the association, or~~

ii

~~are, or are likely to become, guests of the association;~~

b

~~a duty to take steps for the purpose of making an auxiliary aid or service available to any such disabled persons.~~

2

~~Regulations under subsection (1) may (in particular)—~~

a

~~make provision as to the cases in which a duty is imposed;~~

b

~~make provision as to the steps which a duty requires to be taken;~~

c

~~make provision as to the purpose for which a duty requires steps to be taken.~~

3

Any duty imposed under this section is imposed only for the purpose of determining whether an association has, for the purposes of section 21F, discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

E8821J“Member”, “associate” and “guest”

4

It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in, or (in Scotland) the subject of, a tenancy to discriminate against a disabled person by withholding his licence or consent for the disposal of the premises to the disabled person.

5

~~Subsection (4) applies to tenancies created before as well as after the passing of this Act.~~

6

~~In this section—~~

“~~advertisement” includes every form of advertisement or notice, whether to the public or not;~~
“~~dispose”, in relation to premises, includes granting a right to occupy the premises, and, in relation to premises comprised in, or (in Scotland) the subject of, a tenancy, includes—~~
1. a
  ~~assigning the tenancy, and~~
2. b
  ~~sub-letting or parting with possession of the premises or any part of the premises;~~
~~and “disposal” shall be construed accordingly;~~
“~~estate agent” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises; and~~
“~~tenancy” means a tenancy created—~~
1. a
  ~~by a lease or sub-lease,~~
2. b
  ~~by an agreement for a lease or sub-lease,~~
3. c
  ~~by a tenancy agreement, or~~
4. d
  ~~in pursuance of any enactment.~~

7

~~In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.~~

8

~~This section applies only in relation to premises in the United Kingdom.~~

22AF189Commonholds

F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C2023 Exemption for small dwellings.

F1671

Section 24A(1) does not apply if—

a

the premises are, or have at any time been, the only or principal home of an individual who is a person by whom they are let; and

b

since entering into the letting—

i

the individual has not, and

ii

where he is not the sole person by whom the premises are let, no other person by whom they are let has,

used for the purpose of managing the premises the services of a person who, by profession or trade, manages let premises.

2

Section 24A(1) does not apply if the premises are of a prescribed description.

3

Where the conditions mentioned in section 23(2) are satisfied, section 24A(1) does not apply.

4

For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24A(1), a controller of the let premises, or a near relative of his; and “near relative” has here the same meaning as in section 23.

E10524CF192Duty for purposes of section 24A(2) to provide auxiliary aid or service

F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

that it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy, procedure or term so as to stop it having that effect.

3

It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change the practice, policy, procedure or term so as to stop it having that effect (but see section 24E(1)).

E10724EF192Sections 24C and 24D: supplementary and interpretation

F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E9524EF190Sections 24C and 24D: supplementary and interpretation

1

For the purposes of sections 24C and 24D, it is never reasonable for a controller of let premises to have to take steps consisting of or including the removal or alteration of a physical feature.

2

Sections 24C and 24D impose duties only for the purpose of determining whether a person has, for the purposes of section 24A, discriminated against another; and accordingly a breach of any such duty is not actionable as such.

3

In sections 24C and 24D “relevant disabled person”, in relation to let premises, means a particular disabled person—

a

who is a person to whom the premises are let; or

b

who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.

4

For the purposes of section 24C and 24D, the terms of a letting of premises include the terms of any agreement which relates to the letting of the premises.

E10824FF192Let premises: victimisation of persons to whom premises are let

F182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E9624FF190Let premises: victimisation of persons to whom premises are let

1

Where a duty under section 24C or 24D is imposed on a controller of let premises by reference to a person who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises, it is unlawful for a controller of the let premises to discriminate against a person to whom the premises are let.

2

For the purposes of subsection (1), a controller of the let premises discriminates against a person to whom the premises are let if—

a

the controller treats that person (“T”) less favourably than he treats or would treat other persons whose circumstances are the same as T's; and

b

he does so because of costs incurred in connection with taking steps to avoid liability under section 24A(1) for failure to comply with the duty.

3

In comparing T's circumstances with those of any other person for the purposes of subsection (2)(a), the following (as well as the costs' having been incurred) shall be disregarded—

a

the making of the request that gave rise to the imposition of the duty; and

b

the disability of each person who—

i

is a disabled person or a person who has had a disability, and

ii

is a person to whom the premises are let or, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.

E10924GF192Premises that are to let: discrimination in failing to comply with duty

F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E9724GF190Premises that are to let: discrimination in failing to comply with duty

1

Where—

a

a person has premises to let, and

b

b

premises shall be treated as to let by a person to another where a person proposes to grant another a contractual licence to occupy them;

and references to a person considering taking a letting of premises shall be construed accordingly.

5

This section applies only in relation to premises in the United Kingdom.

E11024HF192Exceptions to section 24G(1)

F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E98 C2324HF190Exceptions to section 24G(1)

1

Section 24G(1) does not apply in relation to premises that are to let if the premises are, or have at any time been, the only or principal home of an individual who is a person who has them to let and—

a

the individual does not use, and

b

where he is not the sole person who has the premises to let, no other person who has the premises to let uses,

the services of an estate agent (within the meaning given by section 22(6)) for the purposes of letting the premises.

2

Section 24G(1) does not apply if the premises are of a prescribed description.

3

Where the conditions mentioned in section 23(2) are satisfied, section 24G(1) does not apply.

4

For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24G(1), a controller of the premises that are to let, or a near relative of his; and “near relative” has here the same meaning as in section 23.

E11124JF192Duties for purposes of section 24G(2)

F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E9924JF190Duties for purposes of section 24G(2)

1

Subsection (2) applies where—

a

a controller of premises that are to let receives a request made by or on behalf of a relevant disabled person;

b

it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service;

c

the auxiliary aid or service—

i

would enable the relevant disabled person to become, or facilitate his becoming, a person to whom the premises are let, but

ii

would be of little or no practical use to him if he were not considering taking a letting of the premises; and

d

it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person to become a person to whom the premises are let.

2

It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for the controller to have to take in order to provide the auxiliary aid or service (but see subsection (5)).

3

Subsection (4) applies where—

a

a controller of premises that are to let has a practice, policy or procedure which has the effect of making it impossible, or unreasonably difficult, for a relevant disabled person to become a person to whom the premises are let;

b

the practice, policy or procedure would not have that effect if the relevant disabled person did not have a disability;

c

the controller receives a request made by or on behalf of the relevant disabled person; and

d

it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy or procedure so as to stop it having that effect.

4

It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change the practice, policy or procedure so as to stop it having that effect (but see subsection (5)).

5

For the purposes of this section, it is never reasonable for a controller of premises that are to let to have to take steps consisting of or including the removal or alteration of a physical feature.

6

In this section “relevant disabled person”, in relation to premises that are to let, means a particular disabled person who is considering taking a letting of the premises.

7

This section imposes duties only for the purpose of determining whether a person has, for the purposes of section 24G, discriminated against another; and accordingly a breach of any such duty is not actionable as such.

E11224KF192Let premises and premises that are to let: justification

F186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

Regulations may make provision, for purposes of sections 24(3A) and (3B) and 24A to 24K—

a

as to circumstances in which premises are to be treated as let to a person;

b

as to circumstances in which premises are to be treated as not let to a person;

c

as to circumstances in which premises are to be treated as being, or as not being, to let;

d

as to who is to be treated as being, or as to who is to be treated as not being, a person who, although not a person to whom let premises are let, is lawfully under the letting an occupier of the premises;

e

as to who is to be treated as being, or as to who is to be treated as not being, a person by whom premises are let;

f

as to who is to be treated as having, or as to who is to be treated as not having, premises to let;

g

as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises;

h

as to things which are, or as to things which are not, to be treated as auxiliary aids or services;

i

as to what is, or as to what is not, to be included within the meaning of “practice, policy or procedure”;

j

as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a person to have to take steps of a prescribed description;

k

as to steps which it is always, or as to steps which it is never, reasonable for a person to have to take;

l

as to circumstances in which it is, or as to circumstances in which it is not, reasonable to regard a request as being of a particular kind;

m

as to things which are, or as to things which are not, to be treated as physical features;

n

as to things which are, or as to things which are not, to be treated as alterations of physical features.

2

The powers under subsections (1)(j) and (k) are subject to sections 24E(1) and 24J(5).

E11424MF193Premises provisions do not apply where other provisions operate

F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E10224MF191Premises provisions do not apply where other provisions operate

1

Sections 22 to 24L do not apply—

a

in relation to the provision of premises by a provider of services where he provides the premises in providing services to members of the public;

b

in relation to the provision, in the course of a Part II relationship, of premises by the regulated party to the other party;

c

in relation to the provision of premises to a student or prospective student—

i

by a responsible body within the meaning of Chapter I or II of Part III of the 2005 Order, or

ii

by an authority in discharging any functions mentioned in Article 19(1) of the 2005 Order; or

d

to anything which is unlawful under section 21F or which would be unlawful under that section but for the operation of any provision in or made under this Act.

2

Subsection (1)(a) has effect subject to any prescribed exceptions.

3

In subsection (1)(a) “provider of services”, and providing services, have the same meaning as in section 19.

4

For the purposes of subsection (1)(b)—

a

“Part II relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and

b

in relation to a Part II relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.

5

In subsection (1)(c) “student” includes pupil.

Enforcement, etc.

E11525 Enforcement, remedies and procedure.

F1941

~~A claim by any person that another person—~~

a

~~has discriminated against him in a way which is unlawful under this Part; or~~

b

i

~~has subjected him to harassment in a way which is unlawful under section 21A(2), or~~

ii

~~is by virtue of section 57 or 58 to be treated as having subjected him to harassment in such a way,~~

~~may be presented as a complaint to an industrial tribunal.~~

9

Section 17A(1A) to (7) and paragraphs 3 and 4 of Schedule 3 apply in relation to a complaint under subsection (8) as if it were a complaint under section 17A(1) (and paragraphs 6 to 8 of Schedule 3 do not apply in relation to such a complaint).

~~afforded an opportunity to make representations to the court.~~

5

~~Subsection (4) applies subject to any rules of court providing for that notice to be dispensed with.~~

6

~~An order under subsection (3) may include provision as respects any period before the making of the order.~~

E117 I11 C25 C2627 Alterations to premises occupied under leases.

F2041

~~This section applies where—~~

a

~~a provider of services~~ ~~F205, a public authority (within the meaning given by section 21B) or an association to which section 21F applies(“the occupier”) occupies premises under a lease;~~

b

~~but for this section,~~ ~~F206the occupier~~ ~~would not be entitled to make a particular alteration to the premises; and~~

c

~~the alteration is one which the occupier proposes to make in order to comply with a section 21 duty~~ ~~F207or a duty imposed under section 21E or 21H~~.

2

~~Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—~~

a

~~for the occupier to be entitled to make the alteration with the written consent of the lessor;~~

b

~~for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;~~

c

~~if such an application is made, for the lessor not to withhold his consent unreasonably; and~~

d

~~for the lessor to be entitled to make his consent subject to reasonable conditions.~~

3

~~In this section—~~

“~~lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and~~
“~~sub-lease” and “sub-tenancy” have such meaning as may be prescribed.~~

4

~~If the terms and conditions of a lease—~~

a

~~impose conditions which are to apply if the occupier alters the premises, or~~

b

~~entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,~~

~~the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.~~

5

~~Part II of Schedule 4 supplements the provisions of this section.~~

I12 E11828F208 Conciliation of disputes.

F2091

~~The Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to disputes arising under this Part.~~

2

In deciding what arrangements (if any) to make, the Commission shall have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes arising under this Part which the parties may wish to refer to conciliation.

3

~~No member or employee of the Commission may provide conciliation services in relation to disputes arising under this Part.~~

4

The Commission shall ensure that any arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by a person in connection with the provision of conciliation services in pursuance of the arrangements.

5

~~Subsection (4) does not apply to information relating to a dispute which is disclosed with the consent of the parties to that dispute.~~

6

~~Subsection (4) does not apply to information which—~~

a

~~is not identifiable with a particular dispute or a particular person; and~~

b

~~is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned.~~

7

Anything communicated to a person while providing conciliation services in pursuance of any arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it to that person.

8

~~In this section—~~

~~“the Commission” means the Equality Commission for Northern Ireland; and~~
~~“conciliation services” means advice and assistance provided by a conciliator to the parties to a dispute with a view to promoting its settlement otherwise than through the courts.~~

C28Part IV Education

Annotations:

Modifications etc. (not altering text)

C28

Pt. 4: power to amend or repeal Pt. 4 conferred (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26

F245Chapter 1 SCHOOLS

Annotations:

Amendments (Textual)

F245

Pt. IV: Chapter heading, cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F218Duties of responsible bodies

Annotations:

Amendments (Textual)

F218

Pt. IV Ch. 1: Cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

28A Discrimination against disabled pupils and prospective pupils

F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28B Meaning of “discrimination”

F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C2728C Disabled pupils not to be substantially disadvantaged

F215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28D Accessibility strategies and plans

F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28E Accessibility strategies and plans: procedure

F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F221Residual duty of education authorities

Annotations:

Amendments (Textual)

F221

Pt. IV Ch. 1: Cross-heading and ss. 28F, 28G inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

28F Duty of education authorities not to discriminate

F219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28G Residual duty: supplementary provisions

F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F232 Enforcement: England and Wales

Annotations:

Amendments (Textual)

F232

Pt. IV Ch. 1: Cross-heading and s. 28H inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 17(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

28HF222Tribunals

F223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28I Jurisdiction and powers of the Tribunal F224- England and Wales

F225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28IAJurisdiction and powers of the Tribunal – Wales

F234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28IBCase friends — Wales

F235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28ICAdvice and information — Wales

F236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28IDResolution of disputes — Wales

F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28IEIndependent advocacy services — Wales

F238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28J Procedure

F226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28JAF233Appeal from the Welsh Tribunal to the Upper Tribunal

F227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28K Admissions

F228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28L Exclusions

F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28M Roles of the Secretary of State and the F230Welsh Ministers

F231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F240Enforcement: Scotland

F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28TResponsible bodies' duties to make adjustments

F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F253Other providers of further education or training facilities

Annotations:

Amendments (Textual)

F253

Pt. IV Ch. 2: Cross-heading and s. 28U inserted (1.9.2002) by 2001 c. 10, s. 29 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

28U Further education etc. provided by F251local authorities and schools

F252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F257Other unlawful acts

Annotations:

Amendments (Textual)

F257

Cross-heading inserted after s. 28U (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 11

28UARelationships which have come to an end

F254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28UBInstructions and pressure to discriminate

F255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28UCDiscriminatory advertisements

F256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F262Enforcement, etc.

Annotations:

Amendments (Textual)

F262

Pt. IV Ch. 2: Cross-heading and s. 28V inserted (1.9.2002) by 2001 c. 10, s. 30 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

28V Enforcement, remedies and procedure

F258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28W Occupation of premises by educational institutions

F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28X Validity and revision of agreements

F260. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E11929Education of disabled persons.

F261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F265Duties of funding councils

F270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31ADAF275Enforcement, remedies and procedures

F271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31ADBF276Alterations to premises occupied under leases

F272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31AEChapter 2A: claims, leased premises and certain agreements

F273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31AFChapter 2A: duty to consult before making regulations

F274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F279Chapter 3 SUPPLEMENTARY

Annotations:

Amendments (Textual)

F279

Pt. IV: Chapter 3 heading and s. 31B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 37 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

31B Conciliation for disputes

F277. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31C Application to Isles of Scilly

F278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V Public Transport

Taxis

I13 E122 C2932 Taxi accessibility regulations.

F2811

~~vehicles used for the provision of services under a franchise agreement; or~~

b

~~the drivers of such vehicles.~~

3

~~Any regulations under subsection (2) may apply any taxi provision with such modifications as the~~ ~~F286authority making the regulations~~ ~~considers appropriate.~~

4

~~In this section—~~

~~F287appropriate national authority means—~~
1. a
  ~~in relation to transport facilities in England and Wales, the Secretary of State, and~~
2. b
  ~~in relation to transport facilities in Scotland, the Scottish Ministers (but see subsection (5));~~
“~~designated” means designated for the purposes of this section by an order made by the~~ ~~F285appropriate national authority~~;
“~~hire car” has such meaning as may be~~ ~~F288specified by regulations made by the appropriate national authority~~;
“~~operator”, in relation to a transport facility, means any person who is concerned with the management or operation of the facility;~~
“~~taxi provision” means any provision of—~~
1. a
  ~~this Act, or~~
2. b
  ~~regulations made in pursuance of section 20(2A) of the~~ ~~M1Civic Government (Scotland) Act 1982,~~
~~which applies in relation to taxis or the drivers of taxis; and~~
“~~transport facility” means any premises which form part of any port, airport, railway station or bus station.~~

F2895

The Secretary of State may, for the purposes mentioned in section 2(2) of the European Communities Act 1972 (implementation of Community obligations etc. of the United Kingdom), exercise the powers conferred by this section on the Scottish Ministers.

E124 C3234 New licences conditional on compliance with taxi accessibility regulations.

F2901

The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed

2

~~Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.~~

3

~~The Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order~~

E12535 Exemption from taxi accessibility regulations.

F291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E126 C33 C3436I14 Carrying of passengers in wheelchairs.

F2921

~~This section imposes duties on the driver of a regulated taxi which has been hired—~~

a

~~by or for a disabled person who is in a wheelchair; or~~

b

~~by a person who wishes such a disabled person to accompany him in the~~ ~~F293vehicle~~.

F2941A

~~This section also imposes duties on the driver of a designated vehicle other than a regulated taxi if—~~

a

~~the designated vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and~~

b

~~a person falling within paragraph (a) or (b) of subsection (1) has indicated to the driver that he wishes to travel on the service.~~

2

~~In this section—~~

“~~carry” means carry in the~~ ~~F295vehicle~~ ~~concerned; and~~
“~~the passenger” means the disabled person concerned.~~

3

~~The duties are—~~

a

~~to carry the passenger while he remains in his wheelchair;~~

b

~~not to make any additional charge for doing so;~~

c

~~if the passenger chooses to sit in a passenger seat, to carry the wheelchair;~~

d

~~to take such steps as are necessary to ensure that the passenger is carried in safety and in reasonable comfort;~~

e

~~to give such assistance as may be reasonably required—~~

i

~~to enable the passenger to get into or out of the~~ ~~F295vehicle~~;

ii

~~if the passenger wishes to remain in his wheelchair, to enable him to be conveyed into and out of the~~ ~~F295vehicle~~ ~~while in his wheelchair;~~

iii

~~to load the passenger’s luggage into or out of the~~ ~~F295vehicle~~;

iv

~~if the passenger does not wish to remain in his wheelchair, to load the wheelchair into or out of the~~ ~~F295vehicle~~.

4

~~Nothing in this section is to be taken to require the driver of any~~ ~~F295vehicle~~—

a

~~except in the case of a~~ ~~F295vehicle~~ ~~of a prescribed description, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey; or~~

b

~~to carry any person in circumstances in which it would otherwise be lawful for him to refuse to carry that person.~~

5

~~A driver of a regulated taxi~~ ~~F296or designated vehicle~~ ~~who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.~~

6

~~In any proceedings for an offence under this section, it is a defence for the accused to show that, even though at the time of the alleged offence~~

F297a

~~in the case of a regulated taxi,~~

~~the taxi conformed with those provisions of the taxi accessibility regulations with which it was required to conform,~~

F298b

~~in the case of a designated vehicle, the vehicle conformed to the accessibility requirements which applied to it,~~

~~it would not have been possible for the wheelchair in question to be carried in safety in the~~ ~~F299vehicle~~.

7

~~If the licensing authority is satisfied that it is appropriate to exempt a person from the duties imposed by this section—~~

a

~~on medical grounds, or~~

b

~~on the ground that his physical condition makes it impossible or unreasonably difficult for him to comply with the duties imposed on drivers by this section,~~

~~it shall issue him with a certificate of exemption.~~

8

~~A certificate of exemption shall be issued for such period as may be specified in the certificate.~~

9

~~The driver of a regulated taxi is exempt from the duties imposed by this section if—~~

a

~~a certificate of exemption issued to him under this section is in force; and~~

b

~~the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner.~~

F30010

~~The driver of a designated vehicle is exempt from the duties imposed by this section if—~~

a

~~a certificate of exemption issued to him under this section is in force; and~~

b

~~he is carrying the certificate on the vehicle.~~

11

~~The driver of a designated vehicle who is exempt under subsection (10) must show the certificate, on request, to a person falling within paragraph (a) or (b) of subsection (1).~~

F30112

~~In this section—~~

“~~designated vehicle” means a vehicle which appears on a list maintained under section 36A;~~
“~~licensing authority” has the meaning given by section 36A.~~

36AF324List of wheelchair-accessible vehicles providing local services

F302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I15 E127 C3537 Carrying of guide dogs and hearing dogs.

F3031

~~This section imposes duties on the driver of a taxi which has been hired—~~

a

4

~~A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.~~

5

~~In this section—~~

“~~public service vehicle” means a vehicle which is—~~
1. a
  ~~adapted to carry more than eight passengers; and~~
2. b
  ~~a public service vehicle for the purposes of the~~ ~~M2Public Passenger Vehicles Act 1981;~~
“~~regulated public service vehicle” means any public service vehicle to which the PSV accessibility regulations are expressed to apply.~~

6

~~Different provision may be made in regulations under this section—~~

a

~~as respects different classes or descriptions of vehicle;~~

b

~~as respects the same class or description of vehicle in different circumstances.~~

7

Before making any regulations under this section or section 41 or 42 the Secretary of State shall consult the Disabled Persons Transport Advisory Committee and such other representative organisations as he thinks fit.

I18 E132 C4041 Accessibility certificates.

F3261

~~A regulated public service vehicle shall not be used on a road unless—~~

a

a vehicle examiner has issued a certificate (an “accessibility certificate”) that such provisions of the PSV accessibility regulations as may be prescribed are satisfied in respect of the vehicle; or

b

~~an approval certificate has been issued under section 42 in respect of the vehicle.~~

2

~~The Secretary of State may make regulations—~~

a

~~with respect to applications for, and the issue of, accessibility certificates;~~

b

~~providing for the examination of vehicles in respect of which applications have been made;~~

c

~~with respect to the issue of copies of accessibility certificates in place of certificates which have been lost or destroyed.~~

3

If a regulated public service vehicle is used in contravention of this section, the operator of the vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

4

~~In this section “operator” has the same meaning as in the~~ ~~M3Public Passenger Vehicles Act 1981.~~

I19 E133 C4142 Approval certificates.

F3271

Where the Secretary of State is satisfied that such provisions of the PSV accessibility regulations as may be prescribed for the purposes of section 41 are satisfied in respect of a particular vehicle he may approve the vehicle for the purposes of this section.

2

~~A vehicle which has been so approved is referred to in this section as a “type vehicle”.~~

3

~~Subsection (4) applies where a declaration in the prescribed form has been made by an authorised person that a particular vehicle conforms in design, construction and equipment with a type vehicle.~~

4

A vehicle examiner may, after examining (if he thinks fit) the vehicle to which the declaration applies, issue a certificate in the prescribed form (“an approval certificate”) that it conforms to the type vehicle.

5

~~The Secretary of State may make regulations—~~

a

~~with respect to applications for, and grants of, approval under subsection (1);~~

b

~~with respect to applications for, and the issue of, approval certificates;~~

c

~~providing for the examination of vehicles in respect of which applications have been made;~~

d

~~with respect to the issue of copies of approval certificates in place of certificates which have been lost or destroyed.~~

6

~~The Secretary of State may at any time withdraw his approval of a type vehicle.~~

7

~~Where an approval is withdrawn—~~

a

~~no further approval certificates shall be issued by reference to the type vehicle; but~~

b

~~any approval certificate issued by reference to the type vehicle before the withdrawal shall continue to have effect for the purposes of section 41.~~

8

~~In subsection (3) “authorised person” means a person authorised by the Secretary of State for the purposes of that subsection.~~

I20 E134 C4243 Special authorisations.

F3281

~~The Secretary of State may by order authorise the use on roads of—~~

a

~~any regulated public service vehicle of a class or description specified by the order, or~~

b

~~any regulated public service vehicle which is so specified,~~

~~and nothing in section 40, 41 or 42 prevents the use of any vehicle in accordance with the order.~~

2

~~Any such authorisation may be given subject to such restrictions and conditions as may be specified by or under the order.~~

3

The Secretary of State may by order make provision for the purpose of securing that, subject to such restrictions and conditions as may be specified by or under the order, provisions of the PSV accessibility regulations apply to regulated public service vehicles of a description specified by the order subject to such modifications or exceptions as may be specified by the order.

~~give such directions as he thinks fit to the vehicle examiner for giving effect to his decision.~~

I22 E136 C4445 Fees.

c

~~as respects different networks.~~

6

~~In this section—~~

“~~network” means any permanent way or other means of guiding or supporting rail vehicles or any section of it;~~
~~F335. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
~~F336“rail vehicle” means a vehicle constructed or adapted to carry passengers by rail;~~
“~~regulated rail vehicle” means any rail vehicle to which~~ ~~F337provisions of~~ ~~rail vehicle accessibility regulations are expressed to apply; and~~
“~~wheelchair accommodation” has such meaning as may be prescribed.~~

7

~~F338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

8

~~F339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

9

~~F339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

10

~~F339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

11

~~Before making any regulations under subsection (1) or section 47 the~~ ~~F332Department of the Environment~~ ~~shall consult~~ ~~F340such representative organisations as it thinks fit~~.

~~In this section “specified” means specified in an exemption order.~~

~~in doing so, consider any representations made to him in writing, before the end of the prescribed period, by the applicant.~~

in doing so, consider any representations made to it in writing, before the end of the prescribed period, by the applicant.

E14047BF360Rail vehicle accessibility compliance certificates: supplementary

F3471

~~Regulations may make provision with respect to rail vehicle accessibility compliance certificates.~~

2

~~The provision that may be made under subsection (1) includes (in particular)—~~

a

~~provision for certificates to be issued on application;~~

b

~~provision specifying conditions to which certificates are subject;~~

c

~~provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force;~~

d

~~provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject;~~

e

~~provision for the withdrawal of certificates issued in error;~~

f

~~provision for the correction of errors in certificates;~~

g

~~provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed;~~

h

~~provision for the examination of a rail vehicle before a certificate is issued in respect of it.~~

3

~~In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—~~

a

~~make provision as to the persons by whom applications may be made;~~

b

~~make provision as to the form in which applications are to be made;~~

c

~~make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment.~~

4

For the purposes of this section, a “compliance assessment” is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

5

In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and may (in particular) require that the assessment be one carried out by a person who has been appointed by the Secretary of State to carry out compliance assessments (an “appointed assessor”).

6

For the purposes of any provisions in regulations under subsection (1) with respect to the supply of reports of compliance assessments carried out by appointed assessors, regulations under that subsection—

a

~~may make provision about appointments of appointed assessors, including (in particular)—~~

i

~~provision for an appointment to be on application or otherwise than on application;~~

ii

~~provision as to who may be appointed;~~

iii

~~provision as to the form of applications for appointment;~~

iv

~~provision as to information to be supplied with applications for appointment;~~

v

~~provision as to terms and conditions, or the period or termination, of an appointment; and~~

vi

~~provision for terms and conditions of an appointment, including any as to its period or termination, to be as agreed by the Secretary of State when making the appointment;~~

b

~~may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its carrying-out of a compliance assessment, including (in particular)—~~

i

~~provision restricting the amount of a fee;~~

ii

~~provision authorising fees that contain a profit element; and~~

iii

~~provision for advance payment of fees;~~

c

may make provision requiring an appointed assessor to carry out a compliance assessment, and to do so in accordance with any procedures that may be prescribed, if prescribed conditions, which may include conditions as to the payment of fees to the assessor, are satisfied;

d

~~shall make provision for the referral to the Secretary of State of disputes between—~~

i

~~an appointed assessor carrying out a compliance assessment, and~~

ii

~~the person who requested the assessment,~~

~~relating to which provisions of rail vehicle accessibility regulations the vehicle is to be assessed against or to what amounts to conformity with any of those provisions.~~

7

In subsection (6)(b) to (d) “compliance assessment” includes pre-assessment activities (for example, a consideration of how the outcome of a compliance assessment would be affected by the carrying-out of particular proposed work).

47BF358Rail vehicle accessibility compliance certificates: supplementary

1

Regulations may make provision with respect to rail vehicle accessibility compliance certificates.

2

The provision that may be made under subsection (1) includes (in particular)—

a

provision for certificates to be issued on application;

b

provision specifying conditions to which certificates are subject;

c

provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force;

d

provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject;

e

provision for the withdrawal of certificates issued in error;

f

provision for the correction of errors in certificates;

g

provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed;

h

provision for the examination of a rail vehicle before a certificate is issued in respect of it.

3

In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—

a

make provision as to the persons by whom applications may be made;

b

make provision as to the form in which applications are to be made;

c

make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment.

4

For the purposes of this section, a compliance assessment is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

5

In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and may (in particular) require that the assessment be one carried out by a person who has been appointed by the Department for Regional Development to carry out compliance assessments (an “appointed assessor”).

6

a

may make provision about appointments of appointed assessors, including (in particular)—

i

provision for an appointment to be on application or otherwise than on application;

ii

provision as to who may be appointed;

iii

provision as to the form of applications for appointment;

iv

provision as to information to be supplied with applications for appointment;

v

provision as to terms and conditions, or the period or termination, of an appointment; and

vi

provision for terms and conditions of an appointment, including any as to its period or termination, to be as agreed by the Department for Regional Development when making the appointment;

b

may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its carrying-out of a compliance assessment, including (in particular)—

i

provision restricting the amount of a fee;

ii

provision authorising fees that contain a profit element; and

iii

provision for advance payment of fees;

c

d

shall make provision for the referral to the Department for Regional Development of disputes between—

i

an appointed assessor carrying out a compliance assessment, and

ii

the person who requested the assessment,

relating to which provisions of rail vehicle accessibility regulations the vehicle is to be assessed against or to what amounts to conformity with any of those provisions.

7 E14147CF360Rail vehicle accessibility compliance certificates: fees

F3481

~~Such fees, payable at such times, as may be prescribed may be charged by the Secretary of State in respect of—~~

a

~~applications for, and the issue of, rail vehicle accessibility compliance certificates;~~

b

~~copies of such certificates;~~

c

~~reviews under section 47A;~~

d

~~referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1).~~

2

~~Any such fees received by the Secretary of State shall be paid by him into the Consolidated Fund.~~

3

~~Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed.~~

4

~~Before making any regulations under subsection (1) the Secretary of State shall consult such representative organisations as he thinks fit.~~

47CF358Rail vehicle accessibility compliance certificates: fees

1

Such fees, payable at such times, as may be prescribed may be charged by the Department for Regional Development in respect of—

a

applications for, and the issue of, rail vehicle accessibility compliance certificates;

b

copies of such certificates;

c

reviews under section 47A;

d

referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1).

2

Any such fees received by the Department for Regional Development shall be paid by it into the Consolidated Fund.

3

Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed.

4

Before making any regulations under subsection (1) the Department for Regional Development shall consult such representative organisations as it thinks fit.

E14247DF361Penalty for using rail vehicle without accessibility compliance certificate

F349If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Secretary of State may require the operator of the vehicle to pay a penalty.

47DF359Penalty for using rail vehicle without accessibility compliance certificate

If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Department for Regional Development may require the operator of the vehicle to pay a penalty.

7

~~For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.~~

the Department for Regional Development has given a notice under subsection (4), and

b

a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice,

that Department may require the operator of the vehicle to pay a penalty.

7

For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.

E14547GF361Sections 47E and 47F: inspection of rail vehicles

F3521

Where the Secretary of State has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by the Secretary of State—

a

~~may inspect the vehicle for conformity with the provisions;~~

b

~~for the purpose of exercising his power under paragraph (a)—~~

i

~~may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and~~

ii

~~may enter the vehicle; and~~

c

for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised.

2

~~Where the Secretary of State has given a notice under section 47E(1) or (4), a person authorised by the Secretary of State—~~

a

~~In this section “inspect” includes test.~~

47GF359Sections 47E and 47F: inspection of rail vehicles

1

Where the Department for Regional Development has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by that Department—

a

may inspect the vehicle for conformity with the provisions;

b

for the purpose of exercising his power under paragraph (a)—

i

may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and

ii

may enter the vehicle; and

c

for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person's control as are necessary to enable the power to be exercised.

2

Where the Department for Regional Development has given a notice under section 47E(1) or (4), a person authorised by that Department—

a

In this section “inspect” includes test.

E14647HF361Sections 47E and 47F: supplementary powers

F3531

~~when considering under section 47K(6) a notice of objection under section 47K(4).~~

when considering under section 47K(6) a notice of objection under section 47K(4).

E14847KF361Penalties under sections 47D to 47H: procedure

F3551

~~In this section “penalty” means a penalty under any of sections 47D to 47H.~~

2

~~If the Secretary of State decides that a person is liable to a penalty, the Secretary of State must notify the person of the decision.~~

3

~~A notification under subsection (2) must—~~

a

~~state the Secretary of State’s reasons for deciding that the person is liable to the penalty;~~

b

~~state the amount of the penalty;~~

c

~~specify the date before which, and the manner in which, the penalty must be paid; and~~

d

~~include an explanation of the steps that the person may take if he objects to the penalty.~~

4

~~Where a person to whom a notification under subsection (2) is issued objects on the ground that—~~

a

~~he is not liable to the imposition of a penalty, or~~

b

47KF359Penalties under sections 47D to 47H: procedure

1

In this section “penalty” means a penalty under any of sections 47D to 47H.

2

If the Department for Regional Development decides that a person is liable to a penalty, that Department must notify the person of the decision.

3

A notification under subsection (2) must—

a

state that Department's reasons for deciding that the person is liable to the penalty;

b

state the amount of the penalty;

c

specify the date before which, and the manner in which, the penalty must be paid; and

d

include an explanation of the steps that the person may take if he objects to the penalty.

4

Where a person to whom a notification under subsection (2) is issued objects on the ground that—

a

he is not liable to the imposition of a penalty, or

b

Where the sheriff has made a determination under subsection (2), any party to the proceedings may appeal on a point of law, either to the Sheriff Principal or to the Court of Session, against that determination.

he has given notice of objection under section 47K(4); or

b

the penalty has been reduced under section 47K(6).

E15047MF361Sections 46 to 47H: interpretation

F3571

~~In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle.~~

2

~~For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.~~

3

Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle’s case, include that provision.

47MF359Sections 46 to 47H: interpretation

1

In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle.

2

For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.

3 Supplemental

I23 E15148 Offences by bodies corporate etc.

F3631

~~Where an offence under section 40~~ ~~F362or 46~~ committed by a body corporate is committed with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, he as well as the body corporate is guilty of the offence.

2

~~In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.~~

3

~~F364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

~~on summary conviction, to a fine not exceeding the statutory maximum;~~

b

~~on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.~~

4

A person who knowingly makes a false statement for the purpose of obtaining an accessibility certificate or an approval certificate is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

F496F498Part 5APublic authorities

Annotations:

Amendments (Textual)

F496

Pt. VA (ss. 49A, 49B) inserted (N.I.) (1.1.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 5; S.R. 2006/470, art. 2

F498

Pt. 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) [Editorial note: The E.W.S versions of ss. 49C-49F were inserted along with the Part heading "Pt. 5A Public authorities" and should appear under that heading]

E15349AF498General duty

F368. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this section—

“the appointed day” means the day appointed under Article 1(2) of the Disability Discrimination (Northern Ireland) Order 2006 for the coming into operation of Article 5 of that Order;
“the Commission” means the Equality Commission for Northern Ireland;
“public authority” has the same meaning as in section 75 of the Northern Ireland Act 1998 (c. 47).

E15449BF498Meaning of “public authority” in Part 5A

F369. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F497F499Part 5BImprovements to dwelling houses

Annotations:

Amendments (Textual)

F497

Pt. VB (ss. 49C, 49D) inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 16(1); S.R. 2006/466, art. 2(2)(j)

F499

Pt. 5B (ss. 49G, 49H) inserted (E.W.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 16(1), 20(3)-(6), S.I 2005/2774, {art. 4(d)}

E15549CF498Exceptions from section 49A(1)

F370. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49CF497Improvements to let dwelling houses

1

This section applies in relation to a lease of a dwelling house if—

a

the tenancy is not a secure tenancy or a regulated tenancy;

b

the tenant or any other person who lawfully occupies or is intended lawfully to occupy the premises is a disabled person;

c

the person mentioned in paragraph (b) occupies or is intended to occupy the premises as his only or principal home;

d

the tenant is entitled under the lease to make improvements to the premises with the consent of the landlord; and

e

the tenant applies to the landlord for his consent to make a relevant improvement.

2

If the consent of the landlord is unreasonably withheld it must be taken to have been given.

3

Where the tenant applies in writing for the consent—

a

if the landlord refuses to give consent, he must give the tenant a written statement of the reason why the consent was withheld;

b

if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been withheld.

4

If the landlord gives consent to the making of an improvement subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.

5

In any question as to whether—

a

the consent of the landlord was unreasonably withheld, or

b

a condition imposed by the landlord is unreasonable,

it is for the landlord to show that it was not.

6

If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of his tenancy.

7

An improvement to premises is a relevant improvement if, having regard to the disability which the disabled person mentioned in subsection (1)(b) has, it is likely to facilitate his enjoyment of the premises.

8

Subsections (2) to (6) apply to a lease only to the extent that provision of a like nature is not made by the lease.

9

In this section—

“improvement” means any alteration in or addition to premises and includes—
1. a
  any addition to or alteration in landlord's fittings and fixtures,
2. b
  any addition or alteration connected with the provision of services to the premises,
3. c
  the erection of a wireless or television aerial, and
4. d
  the carrying out of external decoration;
“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant” must be construed accordingly;
“regulated tenancy” has the same meaning as in the Rent (Northern Ireland) Order 1978 (NI 20);
“secure tenancy” has the meaning given by Article 25 of the Housing (Northern Ireland) Order 1983 (NI 15).

E15649DF498Power to impose specific duties

F371. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49DF497Conciliation of disputes

1

The Equality Commission for Northern Ireland may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to a dispute of any description concerning the question whether it is unreasonable for a landlord to withhold consent to the making of a relevant improvement to a dwelling house.

2

Subsections (2) to (8) of section 28 apply for the purposes of this section as they apply for the purposes of that section and for that purpose a reference in that section to—

a

a dispute arising under Part III must be construed as a reference to a dispute mentioned in subsection (1);

b

arrangements under that section must be construed as a reference to arrangements under this section.

3

“Relevant improvement” has the same meaning as in section 49C.

49EDuties under section 49D: compliance notices

F372. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49FEnforcement of compliance notices

F373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49GImprovements to let dwelling houses

F374. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49HConciliation of disputes

F375. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49IF377Conciliation of disputes: rented housing in Scotland

F376. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI The National Disability Council

F378 F37950. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F380 I25 E15751 Codes of practice prepared by the Council.

F381 F3801

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F3802

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

3

~~A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.~~

4

~~A code is admissible in evidence in any proceedings under this Act before an industrial tribunal,~~ ~~F382or a county court~~.

5

~~If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.~~

6

~~In this section and section 52 “code” means a code issued by~~ ~~F383a Northern Ireland department~~ ~~under this section and includes a code which has been altered and re-issued.~~

F384 I26 E15852 Further provision about codes issued under section 51.

F385. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VII Supplemental

53A Codes of practice.

F386. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C4754AF387 Codes of practice.

F3881

The Commission may prepare and issue codes of practice giving practical guidance on how to avoid acts which are unlawful under Part II or III of this Act or Part III of the 2005 Order, or on any other matter relating to the operation of any provision of Part II or III of this Act or Part III of the 2005 Order, to—

a

employers;

b

service providers;

F389ba

public authorities within the meaning given by section 21B;

bb

associations to which section 21F applies;

c

bodies which are responsible bodies for the purposes of Chapter I or II of Part III of the 2005 Order; or

d

other persons to whom the provisions of Part II or III of this Act or Part III of the 2005 Order apply.

1A

The Commission may also prepare and issue codes of practice giving practical guidance to any persons on any other matter with a view to—

a

promoting the equalisation of opportunities for disabled persons and persons who have had a disability; or

b

9

In this section—

“code of practice” means a code of practice under this section;
“the Commission” means the Equality Commission for Northern Ireland;
F394. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the Office” means the Office of the First Minister and deputy First Minister; and
F395“relevant improvement” means an improvement (within the meaning of section 49C(9)) to premises which, having regard to the disability which a disabled person who lawfully occupies or is intended lawfully the premises has, is likely to facilitate his enjoyment of the premises.
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

F39610

Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—

a

any matter relating to the operation of any provision of Chapter I or III of Part III of the 2005 Order; or

b

any field of activity regulated by any such provision,

any reference in this section to the Office shall be read as a reference to the Department of Education.

11

Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—

a

any matter relating to the operation of any provision of Chapter II of Part III of the 2005 Order; or

b

any field of activity regulated by any such provision,

any reference in this section to the Office shall be read as a reference to the F397Department for the Economy.

12

Practical guidance which but for this subsection would fall to be contained in separate codes of practice by virtue of subsections (10) and (11) may be contained in a single code of practice; and in relation to any such code of practice any reference in this section to the Office shall be read as a reference to the Department of Education and the F397Department for the Economy, acting jointly.

I27 E159 F39853 Codes of practice prepared by the Secretary of State.

F399 F3981

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F3982

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F3983

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

4

~~A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.~~

5

~~A code is admissible in evidence in any proceedings under this Act before an industrial tribunal,~~ ~~F400or a county court~~.

6

~~If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.~~

7

~~In this section and section 54 “code” means a code issued by the~~ ~~F401Department of Economic Development~~ ~~under this section and includes a code which has been revised and re-issued.~~

F3988

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F3989

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F403 E160 I2854F402 Further provision about codes issued under section 53.

F4021

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4022

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4023

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4024

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4025

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4026

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4027

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4028

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4029

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

~~In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, 4G, 6A, 7A, 13, 14A, 14C~~ ~~F410, 15B~~ ~~and 16A also apply to discrimination against a person who is not disabled.~~

6

~~F411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

E162 I2956F412 Help for aggrieved persons in obtaining information etc.

F4131

~~For the purposes of this section—~~

a

~~a person who considers that he may have been—~~

i

~~discriminated against in contravention of Part II or III, or~~

ii

ii

~~that the respondent's reply is evasive or equivocal,~~

~~it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent committed an unlawful act.~~

4

~~The Office may by order—~~

a

~~prescribe the period within which questions must be duly served in order to be admissible under subsection (3)(a); and~~

b

~~prescribe the manner in which a question, and any reply by the respondent, may be duly served.~~

5

County court rules may enable a court entertaining a claim under section 25 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not.

6

~~In proceedings in respect of a section 21B claim, subsection (3)(b) does not apply in relation to a failure to reply, or a particular reply, if the following conditions are met—~~

a

~~that at the time of doing any relevant act, the respondent was carrying out public investigator functions or was a public prosecutor; and~~

b

that the respondent reasonably believes that a reply or (as the case may be) a different reply would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings or any criminal proceedings or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings.

7

~~The Office may by regulations provide for this section not to have effect, or to have effect with prescribed modifications, in relation to section 21B claims of a prescribed description.~~

8

This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court or industrial tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

9

~~In this section “section 21B claim” means a claim under section 25 by virtue of section 21B.~~

E16357 Aiding unlawful acts.

F4141

~~A person who knowingly aids another person to do an~~ ~~F415unlawful actF415act made unlawful by this Act~~ ~~is to be treated for the purposes of this Act as himself doing the same kind of unlawful act.~~

2

For the purposes of subsection (1), an employee or agent for whose act the employer or principal is liable under section 58 (or would be so liable but for section 58(5)) shall be taken to have aided the employer or principal to do the act.

3

~~For the purposes of this section, a person does not knowingly aid another to do an unlawful act if—~~

a

~~he acts in reliance on a statement made to him by that other person that, because of any provision of this Act, the act would not be unlawful; and~~

b

~~it is reasonable for him to rely on the statement.~~

4

~~A person who knowingly or recklessly makes such a statement which is false or misleading in a material respect is guilty of an offence.~~

5

~~Any person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.~~

F4166

“~~Unlawful act” means an act made unlawful by any provision of this Act other than a provision contained in Chapter 1 of Part 4.~~

C49 E16458 Liability of employers and principals.

F4171

Anything done by a person in the course of his employment shall be treated for the purposes of this Act as also done by his employer, whether or not it was done with the employer’s knowledge or approval.

2

~~Anything done by a person as agent for another person with the authority of that other person shall be treated for the purposes of this Act as also done by that other person.~~

3

~~Subsection (2) applies whether the authority was—~~

a

~~express or implied; or~~

b

~~given before or after the act in question was done.~~

4

~~Subsections (1) and (2) do not apply in relation to an offence under section 57(4).~~

5

In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of his, it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from—

a

~~doing that act; or~~

b

~~doing, in the course of his employment, acts of that description.~~

I30 E16559 Statutory authority and national security etc.

F4181

~~Nothing in this Act makes unlawful any act done—~~

a

~~in pursuance of any enactment; or~~

F419b

~~in pursuance of any instrument made under any enactment by—~~

i

~~a Minister of the Crown,~~

ii

~~a member of the Scottish Executive,~~ ~~F420. . .~~

iii

~~the National Assembly for Wales~~ ~~F421constituted by the Government of Wales Act 1998, or~~

iv

~~the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.~~

c

~~to comply with any condition or requirement—~~

i

~~imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment,~~

ii

~~imposed by a member of the Scottish Executive (whether before or after the coming into force of this sub-paragraph) by virtue of any enactment,~~ ~~F422. . .~~

iii

~~imposed by the National Assembly for Wales~~ ~~F423constituted by the Government of Wales Act 1998(whether before or after the coming into force of this sub-paragraph) by virtue of any enactmentF424 or~~

iv

~~imposed by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.~~

2

~~In subsection (1) “enactment” includes one passed or made after the date on which this Act is passed and “instrument” includes one made after that date.~~

F4252A

~~Nothing in –~~

a

~~Part II, or~~

b

~~Part III to the extent that it relates to the provision of employment services,~~

~~makes unlawful any act done for the purpose of safeguarding national security if the doing of the act was justified by that purpose.~~

F4262A

~~Nothing in—~~

a

~~Part 2 of this Act, or~~

b

~~Part 3 of this Act to the extent that it relates to the provision of employment services,~~

~~makes unlawful any act done for the purpose of safeguarding national security if the doing of the act was justified by that purpose.~~

3

~~Nothing in~~ ~~F427any other provision of~~ ~~this Act makes unlawful any act done for the purpose of safeguarding national security.~~

E16659AF429National security

F4281

Rules of court may make provision for enabling a county court or sheriff court in which a claim is brought in respect of alleged discrimination contrary to this Act (including anything treated by virtue of this Act as amounting to discrimination contrary to this Act), where the court considers it expedient in the interests of national security—

a

~~to exclude from all or part of the proceedings—~~

i

~~the claimant;~~

ii

~~the claimant's representatives;~~

iii

~~any assessors;~~

b

~~to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;~~

c

~~to take steps to keep secret all or part of the reasons for the court's decision in the proceedings.~~

2

The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, proceedings from which the claimant or his representatives are excluded by virtue of subsection (1).

3

~~A person may be appointed under subsection (2) only—~~

a

~~in relation to proceedings in England and Wales, if he has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)), or~~

b

~~in relation to proceedings in Scotland, if he is—~~

i

~~an advocate, or~~

ii

~~qualified to practice as a solicitor in Scotland.~~

4

~~A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.~~

Part VIII Miscellaneous

E16760 Appointment by Secretary of State of advisers.

F4301

The Secretary of State may appoint such persons as he thinks fit to advise or assist him in connection with matters relating to the employment of disabled persons and persons who have had a disability.

2

~~Persons may be appointed by the Secretary of State to act generally or in relation to a particular area or locality.~~

3

~~The Secretary of State may pay to any person appointed under this section such allowances and compensation for loss of earnings as he considers appropriate.~~

4

~~The approval of the Treasury is required for any payment under this section.~~

5

~~In subsection (1) “employment” includes self-employment.~~

6

~~The Secretary of State may by order—~~

a

~~provide for section 17 of, and Schedule 2 to, the~~ ~~M4Disabled Persons (Employment) Act 1944 (national advisory council and district advisory committees) to cease to have effect—~~

i

~~so far as concerns the national advisory council; or~~

ii

~~so far as concerns district advisory committees; or~~

b

~~repeal that section and Schedule.~~

7

At any time before the coming into force of an order under paragraph (b) of subsection (6), section 17 of the Act of 1944 shall have effect as if in subsection (1), after “disabled persons” in each case there were inserted “, and persons who have had a disability,” and as if at the end of the section there were added—

3
~~For the purposes of this section—~~
a
~~a person is a disabled person if he is a disabled person for the purposes of the~~ ~~M5Disability Discrimination Act 1995; and~~
b
“~~disability” has the same meaning as in that Act.~~

8

~~At any time before the coming into force of an order under paragraph (a)(i) or (b) of subsection (6), section 16 of the~~ ~~M6Chronically Sick and Disabled Persons Act 1970 (which extends the functions of the national advisory council) shall have effect as if after “disabled persons” in each case there were inserted~~ ~~“ , and persons who have had a disability, ”~~ ~~and as if at the end of the section there were added—~~

2
~~For the purposes of this section—~~
a
~~a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and~~
b
“~~disability” has the same meaning as in that Act.~~

I31 E16861 Amendment of Disabled Persons (Employment) Act 1944.

F4311

~~Section 15 of the~~ ~~M7Disabled Persons (Employment) Act 1944 (which gives the Secretary of State power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5).~~

2

~~In subsection (1)—~~

a

~~for “persons registered as handicapped by disablement” substitute~~ ~~“ disabled persons ”~~;

b

~~for “their disablement” substitute~~ ~~“ their disability ”; and~~

c

~~for “are not subject to disablement” substitute~~ ~~“ do not have a disability ”~~.

3

~~In subsection (2), for the words from “any of one or more companies” to “so required and prohibited” substitute~~ ~~“ any company, association or body ”~~.

4

~~After subsection (2) insert—~~

2A
~~The only kind of company which the Minister himself may form in exercising his powers under this section is a company which is—~~
a
~~required by its constitution to apply its profits, if any, or other income in promoting its objects; and~~
b
~~prohibited by its constitution from paying any dividend to its members.~~

5

~~After subsection (5) insert—~~

5A
~~For the purposes of this section—~~
a
~~a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and~~
b
“~~disability” has the same meaning as in that Act.~~

6

~~The provisions of section 16 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert—~~

~~and whose disability is due to that service.~~
2
~~For the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.~~

7

~~The following provisions of the Act of 1944 shall cease to have effect—~~

a

~~section 1 (definition of “disabled person”);~~

b

~~sections 6 to 8 (the register of disabled persons);~~

c

~~sections 9 to 11 (obligations on employers with substantial staffs to employ a quota of registered persons);~~

d

~~section 12 (the designated employment scheme for persons registered as handicapped by disablement);~~

e

~~section 13 (interpretation of provisions repealed by this Act);~~

f

~~section 14 (records to be kept by employers);~~

g

~~section 19 (proceedings in relation to offences); and~~

h

~~section 21 (application as respects place of employment, and nationality).~~

8

~~Any provision of subordinate legislation in which “disabled person” is defined by reference to the Act of 1944 shall be construed as if that expression had the same meaning as in this Act.~~

9

~~Subsection (8) does not prevent the further amendment of any such provision by subordinate legislation.~~

F43262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E16963 Restriction of publicity: Employment Appeal Tribunal.

F433. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E17064 Application to Crown etc.

F434F435A1

~~The following provisions bind the Crown—~~

a

~~sections 21B to 21E and Part 5A, and~~

b

~~the other provisions of this Act so far as applying for the purposes of provisions mentioned in paragraph (a);~~

~~and sections 57 and 58 shall apply for purposes of provisions mentioned in paragraph (a) as if service as a Crown servant were employment by the Crown.~~

1

~~This Act~~ ~~F436, other than the provisions mentioned in paragraphs (a) and (b) of subsection (A1),~~ ~~applies—~~

a

~~to an act done by or for purposes of a Minister of the Crown or government department, or~~

b

~~to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,~~

~~as it applies to an act done by a private person.~~

2

~~F437. . . Part II applies to service—~~

a

~~for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, or~~

b

~~on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body,~~

~~as it applies to employment by a private person.~~

F4382A

~~Subsections~~ ~~F439(A1) to(2) have effect subject to section 64A and section 64B.~~

F4402A

~~Subsections~~ ~~F441(A1) to(2) have effect subject to section 64A.~~

3

~~The provisions of Parts II to IV of the 1947 Act apply to proceedings against the Crown under this Act as they apply to Crown proceedings in England and Wales~~ ~~F442. . . .~~

4

The provisions of Part V of the 1947 Act apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which by virtue of that Part are treated as civil proceedings by or against the Crown; but the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) does not apply.

5

~~F443. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

6

~~F443. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

7

~~F444. . . Part II does not apply to service in any of the naval, military or air forces of the Crown.~~

8

~~In this section—~~

“~~the 1947 Act” means the~~ ~~M8Crown Proceedings Act 1947;~~
~~F445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
“~~Crown proceedings” means proceedings which, by virtue of section 23 of the 1947 Act, are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown;~~
~~F446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
~~F446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
~~F446. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
~~F447. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
“~~service for purposes of a Minister of the Crown or government department” does not include service in any office for the time being mentioned in Schedule 2 (Ministerial offices) to the~~ ~~M9House of Commons Disqualification Act 1975;~~
“~~statutory body” means a body set up by or under an enactment;~~
“~~statutory office” means an office so set up;~~ ~~F448. . .~~

~~F449. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

E17164AF491Police

F450. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E17365 Application to Parliament.

F458. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66 Government appointments outside Part II.

F802. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I32 E17467Regulations and orders.

F4591

~~Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.~~

2

~~Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.~~

3

~~Any such power, includes power—~~

a

~~to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and~~

b

~~to provide for a person to exercise a discretion in dealing with any matter.~~

F4603A

Where regulations under section 21D(7)(b) provide for the omission of section 21D(5), the provision that may be made by the regulations in exercise of the power conferred by subsection (3)(a) includes provision amending section 21D for the purpose of omitting references to section 21D(5).

3B

~~The provision that may be made by regulations under section 21G(5)(b) in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing section 21G(4).~~

F4614

~~Subsection (4A) applies to—~~

a

~~the first regulations to be made under section 21H(1);~~

b

~~regulations under section 47J(3);~~

c

~~regulations under section 67A(3);~~

d

~~regulations under paragraph 6A(2) of Schedule 1.~~

4A

~~No regulations to which this subsection applies shall be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.~~

4B

An order under section 47(1), if made without a draft having been laid before and approved by a resolution of, the Assembly shall be subject to annulment in pursuance of a resolution of the Assembly; but the exercise of the discretion conferred by this subsection is subject to section 67A.

5

~~Any other order made under this Act, other than an order under section 3(9),~~ ~~F46254A(6)(a)~~ or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

6

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.

7

~~Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule.~~

8

~~Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).~~

E17767AF494Exercise of discretion under section 67(5A)

F463. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E17567AF493Exercise of discretion under section 67(4B)

1

Before the Department for Regional Development decides which of the Assembly procedures available under section 67(4B) is to be adopted in connection with the making of any particular order under section 47(1), it must consult such persons as it thinks appropriate.

2

An order under section 47(1) may be made without a draft of the order having been laid before, and approved by a resolution of, the Assembly only if—

a

regulations under subsection (3) are in force; and

b

the making of the order without such laying and approval is in accordance with the regulations

3

Regulations may set out the basis on which the Department for Regional Development, when it comes to make an order under section 47(1), will decide which of the Assembly procedures available under section 67(4B) is to be adopted in connection with the making of the order.

4

Before making regulations under subsection (3), the Department for Regional Development must consult such persons as it considers appropriate.

E17867BF495Annual report on rail vehicle exemption orders

F464. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E17667BF493Annual report on rail exemption orders

1

The Department for Regional Development must after each 31st December prepare, in respect of the year that ended with that day, a report on—

a

the exercise in that year of the power to make orders under section 47(1); and

b

the exercise in that year of the discretion under section 67(4B).

2

A report under subsection (1) must (in particular) contain—

a

details of each order made under section 47(1) in the year in respect of which the report is made; and

b

details of consultation carried out under sections 47(3) and 67A(1) in connection with orders made in that year under section 47(1).

3

The Department for Regional Development must lay before the Assembly each report that it prepares under this section.

I33 E17968 Interpretation.

F482F465 C501

~~In this Act—~~

“~~accessibility certificate” means a certificate issued under section 41(1)(a);~~
“~~act” includes a deliberate omission;~~
“~~the Agency” means the Labour Relations Agency;~~
“~~approval certificate” means a certificate issued under section 42(4);~~
“~~the Assembly” means the Northern Ireland Assembly;~~
~~F800. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
~~F466“criminal investigation” has the meaning given in subsection (1A);~~
~~F467“criminal proceedings” includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006);~~
“~~the Department of Economic Development” means the Department of Economic Development in Northern Ireland;~~
“~~the Department of the Environment” means the Department of the Environment for Northern Ireland;~~
“~~the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland;~~
“~~employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly;~~
~~F468“employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (4)~~
~~F469“employment services” has the meaning given in section 21A(1);~~
“~~enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954~~ ~~F470, and (except in section 56(5)) includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament~~;
“~~government department” means a Northern Ireland department or a department of the Government of the United Kingdom;~~
~~F471“group insurance arrangement” means an arrangement between an employer and another for the provision by the other of facilities by way of insurance to the employer's employees or to any class of those employees;~~
~~F472“Minister of the Crown” includes the Treasury and the Defence Council~~
“~~Northern Ireland department” includes (except in sections 51 and 52) the head of a Northern Ireland department;~~
“~~occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;~~
~~F473“the Office” means the Office of the First Minister and deputy First Minister;~~
“~~premises”, includes land of any description;~~
“~~prescribed” means prescribed by regulations;~~
“~~profession” includes any vocation or occupation;~~
“~~provider of services” has the meaning given in section 19(2)(b);~~
~~F474“public investigator functions” has the meaning given in subsection (1B);~~
“~~public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;~~
“~~PSV accessibility regulations” means regulations made under section 40(1);~~
“~~rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;~~
“~~rail vehicle accessibility regulations” means regulations made under section 46(1);~~
“~~regulations” means—~~
1. a
  ~~F475in section 17A, regulations made by the Department for Employment and Learning;~~
2. b
  ~~in Part V of this Act, regulations made by the Department of the Environment;~~
3. c
  ~~F476in any other provision of this Act, regulations made by the Office of the First Minister and deputy First Minister:~~
~~F800. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
~~F800. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
“~~section 21 duty” means any duty imposed by or under section 21;~~
“~~taxi” and “regulated taxi” have the meaning given in section 32;~~
“~~taxi accessibility regulations” means regulations made under section 32(1);~~
“~~trade” includes any business;~~
“~~trade organisation” has the meaning given in section 13;~~
~~F477“the 2005 Order” means the Special Educational Needs and Disability (Northern Ireland) Order 2005;~~
“~~vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42.~~

F4781A

~~In this Act “criminal investigation” means—~~

a

any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with or prosecuted for an offence is guilty of it; or

b

any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct.

1B

~~In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.~~

C511C

~~In subsections (1A) and (1B)—~~

“~~offence” includes~~ ~~F479any service offence within the meaning of the Armed Forces Act 2006, and~~
“~~offender” is to be construed accordingly.~~

E181 I3570 Short title, commencement, extent etc.

F4841

~~This Act may be cited as the Disability Discrimination Act 1995.~~

2

~~This section (apart from subsections (4), (5) and (7)) comes into force on the passing of this Act.~~

F4852A

~~The following provisions of this Act—~~

a

~~section 36 so far as it applies to designated vehicles,~~

b

~~section 36A, and~~

c

~~section 38 (which has already been brought in force in England and Wales by an order under subsection (3)) so far as it extends to Scotland,~~

~~come into force 2 months after the passing of the Local Transport Act 2008.~~

P2 C523

~~The other provisions of this Act come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different purposes.~~

4

~~Schedule 6 makes consequential amendments.~~

5

~~The repeals set out in Schedule 7 shall have effect.~~

F4865A

~~Sections 7A~~ ~~F4877B and 49G~~ ~~extend to England and Wales only.~~

5B

~~Sections 7C and 7D extend to Scotland only.~~

6

~~F488Subject to subsections (5A) and (5B), this Act extends to England and Wales, Scotland and Northern Ireland;~~ ~~but in their application to Northern Ireland the provisions of this Act mentioned in Schedule 8 shall have effect subject to the modifications set out in that Schedule.~~

F4897

~~In Part II of Schedule 1 to the~~ ~~M10House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the~~ ~~M11Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) in each case insert at the appropriate places—~~

~~F490The National Disability Council.~~

~~The Northern Ireland Disability Council~~

8

~~Consultations which are required by any provision of this Act to be held by the Secretary of State may be held by him before the coming into force of that provision.~~

SCHEDULES

E191 C53SCHEDULE 1 Provisions Supplementing Section 1

Section 1(1).

Annotations:

Extent Information

E191

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Modifications etc. (not altering text)

C53

S. 1, Sch. 1 applied (N.I.) (6.4.2005) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), {art. 2(3)}

Impairment

I361

Severe disfigurement

E183 I383

F5031

~~An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities.~~

2

~~Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect.~~

3

~~Regulations under sub-paragraph (2) may, in particular, make provision with respect to deliberately acquired disfigurements.~~

Normal day-to-day activities

I39 E1844

F5041

~~An impairment is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities only if it affects one of the following—~~

a

~~mobility;~~

b

~~manual dexterity;~~

c

~~physical co-ordination;~~

d

~~continence;~~

e

~~ability to lift, carry or otherwise move everyday objects;~~

f

~~speech, hearing or eyesight;~~

g

~~memory or ability to concentrate, learn or understand; or~~

h

~~perception of the risk of physical danger.~~

F505i

~~taking part in normal social interaction; or~~

j

~~forming social relationships~~

2

~~Regulations may prescribe—~~

a

circumstances in which an impairment which does not have an effect falling within sub-paragraph (1) is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities;

b

~~circumstances in which an impairment which has an effect falling within sub-paragraph (1) is to be taken not to affect the ability of the person concerned to carry out normal day-to-day activities.~~

Substantial adverse effects

E185 I405

~~F506Regulations may make provision for the purposes of this Act—~~

a

~~for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as a substantial adverse effect;~~

b

~~for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as not being a substantial adverse effect.~~

Effect of medical treatment

E186 I416

F5071

An impairment which would be likely to have a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities, but for the fact that measures are being taken to treat or correct it, is to be treated as having that effect.

2

~~In sub-paragraph (1) “measures” includes, in particular, medical treatment and the use of a prosthesis or other aid.~~

3

~~Sub-paragraph (1) does not apply—~~

a

~~in relation to the impairment of a person’s sight, to the extent that the impairment is, in his case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; or~~

b

~~in relation to such other impairments as may be prescribed, in such circumstances as may be prescribed.~~

Persons deemed to be disabled

F511 E1876A

F5081

~~Subject to sub-paragraph (2), a person who has cancer, HIV infection or multiple sclerosis is to be deemed to have a disability, and hence to be a disabled person.~~

2

~~Regulations may provide for sub-paragraph (1) not to apply in the case of a person who has cancer if he has cancer of a prescribed description.~~

3

~~A description of cancer prescribed under sub-paragraph (2) may (in particular) be framed by reference to consequences for a person of his having it.~~

E1887

F5091

Sub-paragraph (2) applies to any person whose name is, both on 12th January 1995 and on the date when this paragraph comes into force, in the register of disabled persons maintained under section 6 of the ~~M12Disabled Persons (Employment) Act 1944.~~

2

~~That person is to be deemed—~~

a

~~during the initial period, to have a disability, and hence to be a disabled person; and~~

b

~~afterwards, to have had a disability and hence to have been a disabled person during that period.~~

3

~~A certificate of registration shall be conclusive evidence, in relation to the person with respect to whom it was issued, of the matters certified.~~

4

~~Unless the contrary is shown, any document purporting to be a certificate of registration shall be taken to be such a certificate and to have been validly issued.~~

5

~~Regulations may provide for prescribed descriptions of person to be deemed to have disabilities, and hence to be disabled persons, for the purposes of this Act.~~

F5105A

~~The generality of sub-paragraph (5) shall not be taken to be prejudiced by the other provisions of this Schedule.~~

6

Regulations may prescribe circumstances in which a person who has been deemed to be a disabled person by the provisions of sub-paragraph (1) or regulations made under sub-paragraph (5) is to be treated as no longer being deemed to be such a person.

7

~~In this paragraph—~~

“~~certificate of registration” means a certificate issued under regulations made under section 6 of the Act of 1944; and~~
“~~initial period” means the period of three years beginning with the date on which this paragraph comes into force.~~

Progressive conditions

E189 I428

F5121

~~Where—~~

a

~~a person has a progressive condition (such as cancer, multiple sclerosis or muscular dystrophy or~~ ~~F513HIV infection~~),

b

~~as a result of that condition, he has an impairment which has (or had) an effect on his ability to carry out normal day-to-day activities, but~~

c

~~that effect is not (or was not) a substantial adverse effect,~~

~~he shall be taken to have an impairment which has such a substantial adverse effect if the condition is likely to result in his having such an impairment.~~

2

~~Regulations may make provision, for the purposes of this paragraph—~~

a

~~for conditions of a prescribed description to be treated as being progressive;~~

b

~~for conditions of a prescribed description to be treated as not being progressive.~~

F515Interpretation

Annotations:

Amendments (Textual)

F515

Sch. 1 para. 9 and cross-heading inserted (E.W.S.) (30.6.2005 for certain purposes, otherwise 5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {18(5)}, 20(3)-(6); S.I. 2005/1676, { art. 2(2)(f)}; S.I. 2005/2774, art. 3(i) and said Sch. 1 para. 9 and cross-heading inserted (N.I.) (3.7.2006 for certain purposes, otherwise 31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1)), {art. 18(5)}; S.R. 2006/289, art. 2(2)(e); S.R. 2007/430, art. 2(a)

E1909

~~F514In this Schedule, “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.~~

SCHEDULE 2 Past Disabilities

Section 2(2).

E192 I431

~~F516The modifications referred to in section 2 are as follows.~~

E193 I442

~~F517References in Parts II~~ ~~F518, III and VAF519and Part III of the 2005 Order~~ ~~to a disabled person are to be read as references to a person who has had a disability.~~

E1952A

F520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F551 E1942A

In section 3A(5), after “not having that particular disability” insert “ and who has not had that particular disability ”.

2B

F521. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5522C

F522. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F523 E196 I453

~~F524In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1)~~ ~~F525, 15C(1)~~ and 16A(4), section 21A(4)(a) (in the words to be read as section 19(1)(aa)) and section 21A(6)(a) (in the words to be substituted in section 21(1)), after “not disabled” (in each place it occurs) insert ~~“ and who have not had a disability ”~~.

F526 E197 I464

~~F527In sections 4A(3)(b), 4E(3)(b), 4H(3)(b), 6B(3)(b), 7B(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b)~~ ~~F528, 15C(3)(a)~~ ~~and 16A(6), for “has” (in each place it occurs) substitute~~ ~~“ has had ”~~.

F5544ZA

F529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4ZB

F530. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F531 E2004A

F532. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F553 E1984A

In section 24(3)(e)(i) and (f)(i), after “having” insert had.

E201 F5334B

F534. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F553 E1994B

In sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute had not had.

F536 F5354C

F537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5384D

F539. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5404E

F541. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E202 I475

~~F542For paragraph 2(1) to (3) of Schedule 1, substitute—~~

1
~~The effect of an impairment is a long-term effect if it has lasted for at least 12 months.~~
2
Where an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect recurs.
3
~~For the purposes of sub-paragraph (2), the recurrence of an effect shall be disregarded in prescribed circumstances.~~

F555 F5436

References in Chapter I of Part III of the 2005 Order to a disabled pupil are to be read as references to a pupil who has had a disability.

F5447

References in Chapter II of Part III of the 2005 Order to a disabled student are to be read as references to a student who has had a disability.

F5458

In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.

F5469

In Article 16(1) of the 2005 Order, in sub-paragraphs (a) and (b), after “not disabled” insert “ and who have not had a disability ”.

F54710

1

In Article 29 of the 2005 Order in paragraph (3)(a), after “disabled” insert “ or that he had had a disability ”;

2

in paragraph (6)(a) of that Article, after “who do not have” insert “ and have not had ”; and

3

in paragraph (10) of that Article, for “that particular disability” substitute “ and who has not had that particular disability and ”.

F54811

In Articles 30(1)(c), (1A)(d), (1B)(c), (1C) and (1D) and 37(1)(d), 2(c) and (3) of the 2005 Order, after “not disabled” insert “ and who have not had a disability ”.

F54912

In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”.

F55013

In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.

E214SCHEDULE 3Sections F60617A(8) and 25(6)F607, 31ADA Enforcement and Procedure

Annotations:

Extent Information

E214

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Amendments (Textual)

F606

Sch. 3: word in side note substituted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(2)(a) and same word substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(2)(a)

F607

Sch. 3: word in sidenote inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), 4(2)

Part I Employment

Conciliation

F5561

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on proceedings for breach of Part II

E2032

~~shall be conclusive evidence of the matters certified.~~

2

~~A document purporting to be such a certificate~~ ~~F574as is mentioned in sub-paragraph (1), (1A) or (1B)~~ ~~shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.~~

Part II Discrimination in Other Areas

Restriction on proceedings for breach of Part III

E2065

F5751

~~Except as provided by section 25 no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part III.~~

2

~~Sub-paragraph (1) does not prevent the making of an application for judicial review.~~

Period within which proceedings must be brought

E2076

F5761

A county court or a sheriff court shall not consider a claim under section 25 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

F5772

Where, in relation to proceedings or prospective proceedings under section 25, the dispute concerned is referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by three months.

3

~~A court may consider any claim under section 25 which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.~~

4

~~For the purposes of sub-paragraph (1)—~~

a

~~where an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;~~

b

~~any act extending over a period shall be treated as done at the end of that period; and~~

c

~~a deliberate omission shall be treated as done when the person in question decided upon it.~~

5

~~In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—~~

a

~~when he does an act inconsistent with doing the omitted act; or~~

b

~~if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.~~

F586Staying or sisting proceedings on section 21B claim affecting criminal mattersF585Staying proceedings on section 21B claim affecting criminal matters

Annotations:

Amendments (Textual)

F586

Sch. 3 paras. 6A, 6B and cross-headings inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(5); S.I. 2005/2774, art. 4

F585

Sch. 3 paras. 6A, 6B inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 29(3); S.R. 2007/466, art. 2(2)(l)

F586 E2106A

F578. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F585 E2086A

1

Sub-paragraph (2) applies where a party to proceedings under section 25 which have arisen by virtue of section 21B(1) has applied for a stay of those proceedings on the grounds of prejudice to—

a

particular criminal proceedings;

b

a criminal investigation; or

c

a decision to institute criminal proceedings.

2

The court shall grant the stay unless it is satisfied that the continuance of the proceedings under section 25 would not result in the prejudice alleged.

F585F586Restriction of remedies for section 21B claim relating to criminal matters

F586 E2116B

F579. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F585 E2096B

1

Sub-paragraph (2) applies to a remedy other than—

a

damages; or

b

a declaration.

2

In proceedings under section 25, the remedy shall be obtainable in respect of a relevant discriminatory act only if the court is satisfied that—

a

no criminal investigation,

b

no decision to institute criminal proceedings, and

c

no criminal proceedings,

would be prejudiced by the remedy.

3

In sub-paragraph (2) “relevant discriminatory act” means an act—

~~were in operation at a time or throughout a time so specified,~~

~~shall be conclusive evidence of the matters certified.~~

4

~~In any proceedings under section 25, a certificate signed by or on behalf of the~~ ~~F583Welsh Ministers~~ ~~and certifying that any conditions or requirements specified in the certificate—~~

a

~~were imposed by the~~ ~~F584National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, and~~

b

~~were in operation at a time or throughout a time so specified,~~

~~shall be conclusive evidence of the matters certified.~~

5

~~A document purporting to be such a certificate as is mentioned in sub-paragraph (3) or (4) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.~~

F593Part 3 DISCRIMINATION IN SCHOOLS

Annotations:

Amendments (Textual)

F593

Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F5879Restriction on proceedings for breach of Part 4, Chapter 1

F588. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58910Period within which proceedings must be brought

F590. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59111Evidence

F592. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F602Part 4 DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS

Annotations:

Amendments (Textual)

F602

Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), Sch. 3 para. 2 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F59412Restriction on proceedings for breach of Part 4, Chapter 2

F595. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59613Period within which proceedings must be brought

F597. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59814Compensation for injury to feelings

F599. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60015Evidence

F601. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F608Part 5Discrimination in General Qualifications Bodies

Annotations:

Amendments (Textual)

F608

Sch. 3 Pt. 5 (paras. 16-18 and cross-headings) inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), 4(3) (with reg. 14)

Restriction on proceedings for breach of Part 4, Chapter 2A

16

F603. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period within which proceedings must be brought

17

F604. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence

18

F605. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F797SCHEDULE 3AVALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

Section 17C

Annotations:

Amendments (Textual)

F797

Sch. 3A inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 insofar as not yet in force) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), reg. 16(2), {Sch.}

PART Ivalidity and revision of contracts

1

A term of a contract is void where –

a

the making of the contract is, by reason of the inclusion of the term, unlawful by virtue of this Part of this Act;

b

it is included in furtherance of an act which is unlawful by virtue of this Part of this Act; or

c

it provides for the doing of an act which is unlawful by virtue of this Part of this Act.

2

Sub-paragraph (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against, or harassment of, a party to the contract, but the term shall be unenforceable against that party.

3

A term in a contract which purports to exclude or limit any provision of this Part of this Act is unenforceable by any person in whose favour the term would operate apart from this paragraph.

4

Sub-paragraphs (1), (2) and (3) apply whether the contract was entered into before or after the date on which this Schedule comes into operation; but in the case of a contract made before that date, those sub-paragraphs do not apply in relation to any period before that date.

1

On the application of a disabled person interested in a contract to which paragraph 1(1) or (2) applies, a county court may make such order as it thinks fit for –

a

removing or modifying any term rendered void by paragraph 1(1), or

b

removing or modifying any term made unenforceable by paragraph 1(2);

a term of a collective agreement made by or on behalf of –

i

an employer,

ii

an organisation of employers of which an employer is a member, or

iii

an association of such organisations of one of which an employer is a member, or

b

a rule made by an employer within the meaning of paragraph 4(1)(b),

paragraph 5 applies to any disabled person who is, or is genuinely and actively seeking to become, one of his employees.

7

In the case of a complaint about a rule made by an organisation or body to which paragraph 4(1)(c) applies, paragraph 5 applies to any disabled person –

a

who is, or is genuinely and actively seeking to become, a member of the organisation or body;

b

on whom the organisation or body has conferred an authorisation or qualification; or

c

who is genuinely and actively seeking an authorisation or qualification which the organisation or body has power to confer.

8

1

When an industrial tribunal finds that a complaint presented to it under paragraph 5 is well-founded the tribunal shall make an order declaring that the term or rule is void.

2

An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into operation of this Schedule).

9

The avoidance by virtue of paragraph 4(2) of any term or rule which provides for any person to be discriminated against shall be without prejudice to the following rights (except in so far as they enable any person to require another person to be treated less favourably than himself), namely –

a

such of the rights of the person to be discriminated against, and

b

such of the rights of any person who will be treated more favourably in direct or indirect consequence of the discrimination,

as are conferred by or in respect of a contract made or modified wholly or partly in pursuance of, or by reference to, that term or rule.

PART IIIinterpretation

10

In this Schedule “collective agreement” means any agreement relating to one or more of the matters mentioned in Article 96(1) of the Industrial Relations (Northern Ireland) Order 1992 (meaning of trade dispute), being an agreement made by or on behalf of one or more employers or one or more organisations of employers or associations of such organisations with one or more organisations of workers or associations of such organisations.

F613 C5411

Any reference in this Schedule to this Part of this Act shall be taken to include a reference to Part III of this Act, to the extent that it relates to—

a

the provision of employment services; or

b

the provision under a group insurance arrangement of facilities by way of insurance.

F61412

Where a term to which section 26(1A)(c) applies is a term in an agreement which is not a contract, Part I of this Schedule shall have effect as if the agreement were a contract.

F798SCHEDULE 3AVALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

Section 17C

Annotations:

Amendments (Textual)

F798

Sch. 3A inserted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 16(2), Sch.

Part 1VALIDITY AND REVISION OF CONTRACTS

E2151

F615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E2162

F616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E2173

F617. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

E2184

F618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E2195

F619. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E2206

F620. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E2217

F621. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E2228

F622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E2239

F623. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3INTERPRETATION

E22410

F624. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E22511

F625. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E22612

F626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E238SCHEDULE 4 Premises Occupied Under Leases

Sections F66518A(5) and 27(5) F66631ADB.

Annotations:

Extent Information

E238

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Amendments (Textual)

F665

Sch. 4 : word in side note substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(a) and said words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(a)

F666

Sch. 4: words in shoulder note inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), {6(2)}

C58Part I Occupation by F639EMPLOYER etc

Annotations:

Amendments (Textual)

F639

Sch. 4 Pt. 1: words in heading substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(b) and said words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(b)

Modifications etc. (not altering text)

C58

Pt. 1 modified (E.W.S.) (1.10.2004) by The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations 2004 (S.I. 2004/153), regs. 4-9 and said Part 1 modified (N.I.) (1.10.2004) by the Disability Discrimination (Employment Field) (Leasehold Premises) Regulations (Northern Ireland) 2004 (S.R. 2004/374), regs. 4-9

Joining lessors in proceedings under F633section 17A F634. . .

Annotations:

Amendments (Textual)

F633

Sch. 4: words in cross-heading preceding para. 2 substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(d) and same words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(d)

F634

Sch. 4 para. 2: words in heading omitted (E.W.S.) (5.12.2005) by virtue of Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(2)(a); S.I. 2005/2774, art. 3(j) and same words omitted (N.I.) (31.12.2007) by virtue of The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(2)(a); S.R. 2007/466, art. 2(2)(l)

E228 C562

F6291

~~In any proceedings~~ ~~F630on a complaint under section 17A, in a case to which~~ ~~F631section 18A~~ ~~applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined or sisted as a party to the proceedings.~~

2

~~The request shall be granted if it is made before the hearing of the complaint begins.~~

3

~~The tribunal may refuse the request if it is made after the hearing of the complaint begins.~~

4

~~The request may not be granted if it is made after the tribunal has determined the complaint.~~

5

~~Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine—~~

a

~~whether the lessor has—~~

i

~~refused consent to the alteration, or~~

ii

~~consented subject to one or more conditions, and~~

b

~~if so, whether the refusal or any of the conditions was unreasonable,~~

6

~~If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—~~

a

~~make such declaration as it considers appropriate;~~

b

~~make an order authorising the occupier to make the alteration specified in the order;~~

c

~~order the lessor to pay compensation to the complainant.~~

7

~~An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.~~

8

~~Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under~~ ~~F632section 17A(2)~~.

9

~~If the tribunal orders the lessor to pay compensation it may not make an order under~~ ~~F632section 17A(2)~~ ~~ordering the occupier to do so.~~

Regulations

E229 I48 C573

~~F635Regulations may make provision as to circumstances in which—~~

a

~~a lessor is to be taken, for the purposes of~~ ~~F636section 18A~~ ~~and this Part of this Schedule to have—~~

i

~~withheld his consent;~~

ii

~~withheld his consent unreasonably;~~

iii

~~acted reasonably in withholding his consent;~~

b

~~a condition subject to which a lessor has given his consent is to be taken to be reasonable;~~

c

~~a condition subject to which a lessor has given his consent is to be taken to be unreasonable.~~

Sub-leases etc.

E230 I494

~~F637The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by~~ ~~F638section 18A~~ ~~or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.~~

C59 C60Part II Occupation by F648persons subject to a duty under section 21, 21E or 21H

Annotations:

Amendments (Textual)

F648

Sch. 4 Pt. 2: words in heading substituted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(3); S.I. 2005/2774, art. 4(f) and said words substituted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(3); S.R. 2007/466, art. 2(l)

Modifications etc. (not altering text)

C59

Sch. 4 Pt. II modified (1.10.2004) by S.I. 2001/3253, reg. 9

C60

Sch. 4 Pt. II modified (N.I.) (1.10.2004) by The Disability Discrimination (Providers of Services) (Adjustment of Premises) Regulations (Northern Ireland) 2003 (S.R. 2003/109), reg. 9

Reference to court

E2326

F6421

~~If the occupier has applied in writing to the lessor for consent to the alteration and—~~

a

~~that consent has been refused, or~~

b

~~the lessor has made his consent subject to one or more conditions,~~

~~the occupier or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.~~

2

~~In the following provisions of this Schedule “court” includes “sheriff”.~~

3

~~On such a reference the court shall determine whether the lessor’s refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.~~

4

~~If the court determines—~~

a

~~that the lessor’s refusal was unreasonable, or~~

b

~~that the condition is, or any of the conditions are, unreasonable,~~

~~it may make such declaration as it considers appropriate or an order authorising the occupier to make the alteration specified in the order.~~

5

~~An order under sub-paragraph (4) may require the occupier to comply with conditions specified in the order.~~

Joining lessors in proceedings under section 25

E2337

F6431

~~In any proceedings on a claim~~ ~~F644under section 25 in a case to which section 27 applies, other than a claim presented as a complaint under section 25(8),~~ ~~the plaintiff, the pursuer or the occupier concerned may ask the court to direct that the lessor be joined or sisted as a party to the proceedings.~~

2

~~The request shall be granted if it is made before the hearing of the claim begins.~~

3

~~The court may refuse the request if it is made after the hearing of the claim begins.~~

4

~~The request may not be granted if it is made after the court has determined the claim.~~

5

~~Where a lessor has been so joined or sisted as a party to the proceedings, the court may determine—~~

a

~~whether the lessor has—~~

i

~~refused consent to the alteration, or~~

ii

~~consented subject to one or more conditions, and~~

b

~~if so, whether the refusal or any of the conditions was unreasonable.~~

6

~~If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—~~

a

~~make such declaration as it considers appropriate;~~

b

~~make an order authorising the occupier to make the alteration specified in the order;~~

c

~~order the lessor to pay compensation to the complainant.~~

7

~~An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.~~

8

~~If the court orders the lessor to pay compensation it may not order the occupier to do so.~~

F650F649Joining lessors in proceedings relating to group insurance or employment services

Annotations:

Amendments (Textual)

F650

Sch. 4 para. 7A and cross-heading inserted ((N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(6); S.R. 2007/466, art. 2(2)(l)

F649

Sch. 4 para. 7A and cross-heading inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(6); S.I. 2005/2774, art. 3(j)

F649 E2347A

F645. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F650 E2357A

1

In any proceedings on a complaint under section 25(8) in a case to which section 27 applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined as a party to the proceedings.

2

The request shall be granted if it is made before the hearing of the complaint begins.

3

The tribunal may refuse the request if it is made after the hearing of the complaint begins.

4

The request may not be granted if it is made after the tribunal has determined the complaint.

5

Where a lessor has been so joined as a party to the proceedings, the tribunal may determine—

a

whether the lessor has—

i

refused consent to the alteration, or

ii

consented subject to one or more conditions; and

b

if so, whether the refusal or any of the conditions was unreasonable.

6

If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—

a

make such declaration as it considers appropriate;

b

make an order authorising the occupier to make the alteration specified in the order;

c

order the lessor to pay compensation to the complainant.

7

An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.

8

Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 17A(2).

9

If the tribunal orders the lessor to pay compensation it may not make an order under section 17A(2) ordering the occupier to do so.

Regulations

E236 I508

~~F646Regulations may make provision as to circumstances in which—~~

a

~~a lessor is to be taken, for the purposes of section 27 and this Part of this Schedule to have—~~

i

~~withheld his consent;~~

ii

~~withheld his consent unreasonably;~~

iii

~~acted reasonably in withholding his consent;~~

b

~~a condition subject to which a lessor has given his consent is to be taken to be reasonable;~~

c

~~a condition subject to which a lessor has given his consent is to be taken to be unreasonable.~~

Sub-leases etc.

E237 I519

F647The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 27 or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.

F661 C61 C62Part 3 OCCUPATION BY EDUCATIONAL INSTITUTIONS

Annotations:

Amendments (Textual)

F661

Sch. 4 Pt. 3 (paras. 10-14) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 31(2), Sch. 6 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Modifications etc. (not altering text)

C61

Sch. 4 Pt. 3 (paras. 10-14) modified (28.6.2002) by S.I. 2002/1458, reg. 7 (which Regulations were revoked (1.5.2005) by S.I. 2005/1070, reg. 8)

C62

Sch. 4 Pt. 3 modified (1.5.2005) by The Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulations 2005, {reg. 7}

F65110Failure to obtain consent

F652. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65311Reference to court

F654. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65512Joining lessors in proceedings under section 28V

F656. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65713Regulations

F658. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65914Sub-leases etc.

F660. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F667PART 4Occupation by General Qualifications Bodies

Annotations:

Amendments (Textual)

F667

Sch. 4 Pt. 4 inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), 6(3) (with regs. 8-13)

Reference to court

16

F663. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joining lessors in proceedings under section 31ADA

17

F664. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F670SCHEDULE 4A RESPONSIBLE BODIES FOR SCHOOLS

Section 28A

Annotations:

Amendments (Textual)

F670

Sch. 4A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(2), Sch. 2 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

1

1

F676. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

F677. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

F678. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

F679. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

F680. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 1AModifications for England and Wales – Further Education Provided by Schools, etc

6

F682. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

F683. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

F684. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

F685. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

F686. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

F687. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

F688. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2Modifications for Scotland – Further Education

13

F689. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

F690. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

F691. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

F692. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

F693. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2AModifications for Scotland – Recreational or Training Facilities

18

F694. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

F695. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

F696. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

F697. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

F698. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

F699. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

F700. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F717 F718SCHEDULE 5 The National Disability Council

Section 50(8).

Annotations:

Amendments (Textual)

F717

Sch. 5 repealed (E.W.S.)(25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

F718

Sch. 5 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch.

F702 Status

Annotations:

E2391

F719. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment Protection (Consolidation) Act 1978 (c. 44)

E2402

F720. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F721 E2413

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Companies Act 1985 (c. 6)

E2424

F722. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government and Housing Act 1989 (c. 42)

E2435

F723. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enterprise and New Towns (Scotland) Act 1990 (c. 35)

E2446

F724. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I52 E246SCHEDULE 7 Repeals

Section 70(5).

Annotations:

Commencement Information

I52

Sch. 7 not in force at Royal Assent see s. 70(3); Sch. 7 in force for specified purposes (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2 (3), Sch. Pt. III (with art. 3); Sch. 7 in force for specified purposes (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II (with art. 3)

Extent Information

E246

In its application to Northern Ireland, this Schedule has effect as substituted by Sch. 8 para. 53; see s. 70(6)

Amendments (Textual)

F725

~~F725Chapter~~	~~Short title~~	~~Extent of repeal~~
~~7 & 8 Geo. 6 c. 10.~~	~~The Disabled Persons (Employment) Act 1944.~~	~~Section 1.~~
		~~Sections 6 to 14.~~
		~~Section 19.~~
		~~Section 21.~~
		~~Section 22(4).~~
~~6 & 7 Eliz. 2 c. 33.~~	~~The Disabled Persons (Employment) Act 1958.~~	~~Section 2.~~
~~1970 c. 44.~~	~~The Chronically Sick and Disabled Persons Act 1970.~~	~~Section 16.~~
~~1978 c. 44.~~	~~The Employment Protection (Consolidation) Act 1978.~~	~~In Schedule 13, in paragraph 20(3), the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”.~~
~~1989 c. 42.~~	~~The Local Government and Housing Act 1989.~~	~~In section 7(2), paragraph (a) and the word “and” at the end of paragraph (d).~~
~~1993 c. 62.~~	~~The Education Act 1993.~~	~~In section 161(5), the words from “and in this subsection” to the end.~~

E248SCHEDULE 8 Modifications of this Act in its application to Northern Ireland

Section 70(6).

Annotations:

Extent Information

E248

Sch. 8 extends to the United Kingdom but the operation of Sch. 8 is limited by application as mentioned in s. 70(6).

1

~~F726In its application to Northern Ireland this Act shall have effect subject to the following modifications.~~

2 F7271

~~F728. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

2

~~In section 3 for subsections (4) to (12) substitute—~~

4
~~In preparing a draft of any guidance, the Department shall consult such persons as it considers appropriate.~~
5
Where the Department proposes to issue any guidance, the Department shall publish a draft of it, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations.
6
~~If the Department decides to proceed with any proposed guidance, the Department shall lay a draft of it before the Assembly.~~
7
~~If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed guidance.~~
8
~~If no such resolution is made within the statutory period, the Department shall issue the guidance in the form of its draft.~~
9
~~The guidance shall come into force on such date as the Department may by order appoint.~~
10
~~Subsection (7) does not prevent a new draft of the proposed guidance being laid before the Assembly.~~
11
~~The Department may—~~
a
~~from time to time revise the whole or any part of any guidance and re-issue it ;~~
b
~~by order revoke any guidance.~~
12
~~In this section—~~
“~~the Department” means the Department of Economic Development;~~
“~~guidance” means guidance issued by the Department under this section and includes guidance which has been revised and re-issued;~~
“~~statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.~~

3

F814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F729

4 F7301

~~F815. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F7312

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F7313

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

5

F816. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E247

6 F7321

~~F817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

2

~~F733. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F7347

F735. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7368

F818. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 F7371

~~In section 19(3)(g) for “section 2 of the Employment and Training Act 1973” substitute~~ ~~“ sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950 ”~~.

2

~~F738. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

3

~~F738. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

10

~~F739In section 20(7) for paragraphs (b) and (c) substitute~~

~~; or~~
b
~~functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986 are exercisable in relation to a disabled person’s property or affairs.~~

11

~~F740In section 22(4) and (6) omit “or (in Scotland) the subject of”.~~

12 F7411

~~In section 25(1) omit “or (in Scotland) in reparation”.~~

2

~~In section 25(3) for “England and Wales” substitute~~ ~~“ Northern Ireland ”~~.

3

~~Omit section 25(4).~~

4

~~In section 25(5) omit the words from“or” to the end.~~

13

~~F742In section 26(3) omit “or a sheriff court”.~~

F743 F74414

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

~~F745Omit sections 29, 30 and 31.~~

16 F7461

~~In section 32(1) for “Secretary of State” substitute~~ ~~“ Department of the Environment ”~~.

2

~~In section 32(5) for the definition of “taxi” substitute—~~

“~~taxi” means a vehicle which—~~
a
~~is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to stand or ply for hire; and~~
b
~~seats not more than 8 passengers in addition to the driver~~

17

~~F747In section 33, for “Secretary of State”, wherever it occurs, substitute~~ ~~“ Department of the Environment ”~~.

18

~~F748For section 34 substitute—~~

34 ~~New licences conditional on compliance with accessibility taxi regulations~~
1
The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.
2
~~Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.~~
3
~~The Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order.~~

19

~~F749Omit section 35.~~

20

~~F750In section 36(7) for “licensing authority” substitute~~ ~~“ Department of the Environment ”~~.

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F7682

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

3

~~In section 51(4) for “a county court or a sheriff court” substitute~~ ~~“ or a county court ”~~.

4

~~In section 51(6) for “the Secretary of State” substitute~~ ~~“ a Northern Ireland department ”~~.

F77035

~~F771For section 52 substitute—~~

52 ~~Further provisions about codes issued under section 51.~~
1
~~In this section—~~
“~~proposal” means a proposal made by~~ ~~F772the Equality Commission for Northern Ireland~~ ~~to a Northern Ireland department under section 51;~~
“~~responsible department~~”—
a
~~in relation to a proposal, means the Northern Ireland department to which the proposal is made,~~
b
~~in relation to a code, means the Northern Ireland department by which the code is issued; and~~
“~~statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.~~
2
~~In preparing any proposal,~~ ~~F772the Equality Commission for Northern Ireland~~ ~~shall consult—~~
a
~~such persons (if any) as the responsible department has specified in making its request to~~ ~~F772the Equality Commission for Northern Ireland; and~~
b
~~such other persons (if any) as~~ ~~F772the Equality Commission for Northern Ireland~~ ~~considers appropriate.~~
3
~~Before making any proposal~~ ~~F772the Equality Commission for Northern Ireland~~ ~~shall publish a draft, consider any representations made to it about the draft and, if it thinks it appropriate, modify its proposal in the light of any of those representations.~~
4
~~Where~~ ~~F772the Equality Commission for Northern Ireland~~ ~~makes any proposal, the responsible department may—~~
a
~~approve it;~~
b
~~approve it subject to such modifications as that department thinks appropriate; or~~
c
~~refuse to approve it.~~
5
~~Where the responsible department approves any proposal (with or without modifications) that department shall prepare a draft of the proposed code and lay it before the Assembly.~~
6
~~If, within the statutory period, the Assembly resolves not to approve the draft, the responsible department shall take no further steps in relation to the proposed code.~~
7
~~If no such resolution is made within the statutory period, the responsible department shall issue the code in the form of its draft.~~
8
~~The code shall come into force on such date as the responsible department may appoint by order.~~
9
~~Subsection (6) does not prevent a new draft of the proposed code from being laid before the Assembly.~~
10
~~If the responsible department refuses to approve a proposal, that department shall give~~ ~~F772the Equality Commission for Northern Ireland~~ ~~a written statement of the department’s reasons for not approving it.~~
11
~~The responsible department may by order revoke a code.~~

36 F7731

~~In section 53 for “Secretary of State” wherever it occurs substitute~~ ~~“ Department of Economic Development ”~~.

2

~~In section 53(1) for “he” substitute “it”.~~

3

~~In section 53(5) for “a county court or a sheriff court” substitute~~ ~~“ or a county court ”~~.

37

~~F774For section 54 substitute—~~

54 ~~Further provisions about codes issued under section 53.~~
1
In preparing a draft of any code under section 53, the Department shall consult such organisations representing the interests of employers or of disabled persons in, or seeking, employment as the Department considers appropriate.
2
Where the Department proposes to issue a code, the Department shall publish a draft of the code, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations.
3
~~If the Department decides to proceed with the code, the Department shall lay a draft of it before the Assembly.~~
4
~~If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed code.~~
5
~~If no such resolution is made within the statutory period, the Department shall issue the code in the form of its draft.~~
6
~~The code shall come into force on such date as the Department may appoint by order.~~
7
~~Subsection (4) does not prevent a new draft of the proposed code from being laid before the Assembly.~~
8
~~The Department may by order revoke a code.~~
9
~~In this section—~~
“~~the Department” means the Department of Economic Development; and~~
“~~statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.~~

38

~~F775In section 56(2) and (4) for “Secretary of State” substitute~~ ~~“ Department of Economic Development ”~~.

39

~~F776In section 59(1) after “Crown” where it twice occurs insert~~ ~~“ or a Northern Ireland department ”~~.

40 F7771

~~In section 60(1) to (3) for “Secretary of State” wherever it occurs substitute~~ ~~“ Department of Economic Development ”~~ ~~and for “he” and “him” wherever they occur substitute~~ ~~“ it ”~~.

2

~~In section 60(4) for “Treasury” substitute~~ ~~“ Department of Finance and Personnel in Northern Ireland ”~~.

3

~~For section 60(6) substitute—~~

6
~~The Department of Economic Development may by order repeal section 17 of, and Schedule 2 to, the Disabled Persons (Employment) Act (Northern Ireland) 1945 (district advisory committees).~~

4

~~In section 60(7) omit “paragraph (b) of”, for “1944” substitute~~ ~~“ 1945 ”and omit “in each case”.~~

5

~~In section 60, omit subsection (8).~~

41

~~F778For section 61 substitute—~~

61 ~~Amendments of Disabled Persons (Employment) Act (Northern Ireland) 1945.~~
1
Section 15 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 (which gives the Department of Economic Development power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5).
2
~~In subsection (1)—~~
a
~~for “persons registered as handicapped by disablement” substitute~~ ~~“ disabled persons ”~~;
b
~~for “their disablement” substitute~~ ~~“ their disability ”; and~~
c
~~for “are not subject to disablement” substitute~~ ~~“ do not have a disability ”~~.
3
~~In subsection (2) for the words from “any of one or more companies” to “so required and prohibited” substitute~~ ~~“ any company, association or body ”~~.

4

~~After subsection (2) insert—~~

2A
~~The only kind of company which the Department itself may form in exercising its powers under this section is a company which is—~~
a
~~required by its constitution to apply its profits, if any, or other income in promoting its objects; and~~
b
~~prohibited by its constitution from paying any dividend to its members.~~

5

~~After subsection (5) insert—~~

5A
~~For the purposes of this section—~~
a
~~a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and~~
b
“~~disability” has the same meaning as in that Act.~~

6

~~The provisions of section 16 of the Act of 1945 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert—~~

~~and whose disability is due to that service.~~
2
~~or the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.~~

7

~~The following provisions of the Act of 1945 shall cease to have effect—~~

a

~~section 1 (definition of “disabled person”);~~

b

~~sections 2 to 4 (training for disabled persons);~~

c

~~sections 6 to 8 (the register of disabled persons);~~

d

~~sections 9 to 11 (obligations on employers with substantial staffs to employ quota of registered persons);~~

e

~~section 12 (the designated employment scheme for persons registered as handicapped by disablement);~~

f

~~section 13 (interpretation of provisions repealed by this Act);~~

g

~~section 14 (records to be kept by employer);~~

h

~~section 19 (proceedings in relation to offences);~~

j

~~sections 21 and 22 (supplementary).~~

8

~~Any statutory provision in which “disabled person” is defined by reference to the Act of 1945 shall be construed as if that expression had the same meaning as in this Act.~~

42 F7791

~~In section 62(2) for “Secretary of State” substitute~~ ~~“ Department of Economic Development ”~~.

F7802

~~In section 62(7) for “Great Britain” where it twice occurs substitute~~ ~~“ Northern Ireland ”~~.

43

~~F781Omit section 63.~~

44 F7821

~~In section 64(3) for “England and Wales” substitute~~ ~~“ Northern Ireland ”~~.

2

~~Omit section 64(4).~~

3

~~F819. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

4

~~In section 64(8)—~~

a

~~omit the definitions of “British Transport Police”, “Royal Parks Constabulary” and “United Kingdom Atomic Energy Authority Constabulary”;~~

b

~~in the definition of “the 1947 Act” at the end add~~ “ as it applies both in relation to the Crown in right of Her Majesty’s Government in Northern Ireland and in relation to the Crown in right of Her Majesty’s Government in the United Kingdom ”;

c

~~F820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

d

~~F820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

e

~~in the definition of “service for purposes of a Minister of the Crown or government department” at the end add~~ ~~“ or service as the head of a Northern Ireland department ”~~.

45

~~F783Omit section 65.~~

46

~~F784For section 67 substitute—~~

67 ~~Regulations and orders etc.~~
1
~~Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.~~
2
~~Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.~~
3
~~Any such power, includes power—~~
a
~~to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and~~
b
~~to provide for a person to exercise a discretion in dealing with any matter.~~
4
~~F785. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
5
~~Any other order made under this Act, other than an order under section 3(9),~~ ~~F78654A(6)(a)~~ or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
6
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.
7
~~Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule.~~
8
~~Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).~~

47 F7871

~~For section 68(1) substitute—~~

1
~~In this Act—~~
“~~accessibility certificate” means a certificate issued under section 41(1)(a);~~
“~~act” includes a deliberate omission;~~
“~~the Agency” means the Labour Relations Agency;~~
“~~approval certificate” means a certificate issued under section 42(4);~~
“~~the Assembly” means the Northern Ireland Assembly;~~
“~~benefits”, in Part II, has the meaning given in section 4(4);~~
“~~the Department of Economic Development” means the Department of Economic Development in Northern Ireland;~~
“~~the Department of the Environment” means the Department of the Environment for Northern Ireland;~~
“~~the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland;~~
“~~employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly;~~
“~~employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (5);~~
“~~enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954;~~
“~~government department” means a Northern Ireland department or a department of the Government of the United Kingdom;~~
“~~Minister of the Crown” includes the Treasury;~~
“~~Northern Ireland department” includes (except in sections 51 and 52) the head of a Northern Ireland department;~~
“~~occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;~~
“~~premises”, includes land of any description;~~
“~~prescribed” means prescribed by regulations;~~
“~~profession” includes any vocation or occupation;~~
“~~provider of services” has the meaning given in section 19(2)(b);~~
“~~public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;~~
“~~PSV accessibility regulations” means regulations made under section 40(1);~~
“~~rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;~~
“~~rail vehicle accessibility regulations” means regulations made under section 46(1);~~
“~~regulations” means—~~
a
~~in Parts I and II of this Act, section 66, the definition of “employment” above and subsections (3) and (4) below, regulations made by the Department of Economic Development;~~
b
~~in Part V of this Act, regulations made by the Department of the Environment;~~
c
~~in any other provision of this Act, regulations made by the Department of Health and Social Services.~~
“~~section 6 duty” means any duty imposed by or under section 6;~~
“~~section 15 duty” means any duty imposed by or under section 15;~~
“~~section 21 duty” means any duty imposed by or under section 21;~~
“~~taxi” and “regulated taxi” have the meaning given in section 32;~~
“~~taxi accessibility regulations” means regulations made under section 32(1);~~
“~~trade” includes any business;~~
“~~trade organisation” has the meaning given in section 13;~~
“~~vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42.~~

2

~~In Schedule 3 for paragraph 4(1) substitute—~~

1
~~In any proceedings under section 8—~~
a
a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or
b
~~a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,~~
~~shall be conclusive evidence of the matters certified.~~

3

~~In Schedule 3 in paragraph 6(1) omit “or a sheriff court”.~~

4

~~In Schedule 3 for paragraph 8(1) substitute—~~

1
~~In any proceedings under section 25—~~
a
a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or
b
~~a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,~~
~~shall be conclusive evidence of the matters certified.~~

51 F7921

~~In Schedule 4 in paragraphs 2(1) and (5) and 7(1) and (5) omit “or sisted”.~~

2

~~In Schedule 4 in paragraph 4 for “Secretary of State” substitute~~ ~~“ Department of Economic Development ”~~.

3

~~In Schedule 4 in paragraph 6(1) omit “or, in Scotland, to the sheriff”.~~

4

~~In Schedule 4 omit paragraph 6(2).~~

5

~~In Schedule 4 in paragraph 9 for “Secretary of State” substitute~~ ~~“ Department of Health and Social Services ”~~.

F793 F79452

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

~~F795For Schedules 6 and 7 substitute—~~

~~SCHEDULE 6~~ ~~Consequential Amendments~~
~~The Industrial Relations (Northern Ireland) Order 1976 (NI 16)~~
1
~~In Article 68(6) of the Industrial Relations (Northern Ireland) Order 1976 (reinstatement or re-engagement of dismissed employees)—~~
a
~~in the definition of “relevant complaint of dismissal”, omit “or” and at the end insert~~ ~~“ or a complaint under section 8 of the Disability Discrimination Act 1995 arising out of a dismissal ”~~;
b
~~in the definition of “relevant conciliation powers”, omit “or” and at the end insert~~ ~~“ or paragraph 1 of Schedule 3 to the Disability Discrimination Act 1995 ”~~;
c
~~in the definition of “relevant compromise contract” for “or Article” substitute~~ ~~“ Article ”~~ ~~and at the end insert~~ ~~“ or section 9(2) of the Disability Discrimination Act 1995 ”~~.
~~The Companies (Northern Ireland) Order 1986 (NI 6)~~
3
~~F796. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~
~~SCHEDULE 7~~ ~~Repeals~~
~~Chapter~~
~~Short title~~
~~Extent of repeal~~
~~1945 c. 6 (N.I.)~~
~~The Disabled Persons (Employment) Act (Northern Ireland) 1945.~~
~~Sections 1 to 4.~~
~~Sections 6 to 14.~~
~~In section 16 the words “vocational training and industrial rehabilitation courses and”, the words “courses and” and the words from “and in selecting” to “engagement”.~~
~~Section 19.~~
~~Section 21.~~
~~Section 22.~~
~~1960 c. 4 (N.I.)~~
~~The Disabled Persons (Employment) Act (Northern Ireland) 1960.~~
~~The whole Act.~~
~~1976 NI16~~
~~The Industrial Relations (Northern Ireland) Order 1976.~~
~~In Article 68(6) the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”.~~

~~Chapter~~	~~Short title~~	~~Extent of repeal~~
~~1945 c. 6 (N.I.)~~	~~The Disabled Persons (Employment) Act (Northern Ireland) 1945.~~	~~Sections 1 to 4.~~
		~~Sections 6 to 14.~~
		~~In section 16 the words “vocational training and industrial rehabilitation courses and”, the words “courses and” and the words from “and in selecting” to “engagement”.~~
		~~Section 19.~~
		~~Section 21.~~
		~~Section 22.~~
~~1960 c. 4 (N.I.)~~	~~The Disabled Persons (Employment) Act (Northern Ireland) 1960.~~	~~The whole Act.~~
~~1976 NI16~~	~~The Industrial Relations (Northern Ireland) Order 1976.~~	~~In Article 68(6) the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”.~~

Disability Discrimination Act 1995

Part I Disability

I1C61 Meaning of “disability” and “disabled person”.

F21

2

I2E22 Past disabilities.

F41

2

3

4

5

I3E33 Guidance.

F11F12A1

1

a

b

2

a

b

c

d

3

F174

5

6

7

8

9

10

11

a

b

12

C8Part IIF119THE EMPLOYMENT FIELDF120 AND DISTRICT COUNCILSF121and members of locally-electable authorities

F122Meaning of “discrimination” and “harassment”

3AMeaning of “discrimination”

1

a

b

2

3

4

5

6

3BMeaning of “harassment”

1

a

b

2

F25Employment

F20E44 Discrimination against applicants and employees.

F211

a

b

c

2

a

b

c

d

3

a

b

4

a

b

c

5

a

b

6

E54AF26Employers: duty to make adjustments

E64AF27Employers: duty to make adjustments

1

a

b

2

a

b

i

I1 C61 Meaning of “disability” and “disabled person”.

I2 E22 Past disabilities.

I3 E33 Guidance.

F20 E44 Discrimination against applicants and employees.