The Disability Discrimination (Guidance on the Definition of Disability) Appointed Day Order 2006

Explanatory Note

(This note is not part of the Order)

This Order appoints 1st May 2006 as the day for the coming into force of the Guidance on matters to be taken into account in determining questions relating to the definition of disability issued by the Secretary of State on 29th March 2006 under section 3(8) of the Disability Discrimination Act 1995 (“the 1995 Act”).

The Guidance provides practical guidance on matters to be taken into account when considering whether a person is a disabled person for the purposes of the 1995 Act and replaces an earlier version which was issued by the Secretary of State for Education and Employment on 25th July 1996. The Guidance reflects changes made by the Disability Discrimination Act 2005 to the provisions of the 1995 Act governing who is a disabled person for the purposes of the 1995 Act. These changes came into force on 5th December 2005.

Article 3 of this Order makes transitional provision in relation to proceedings under the 1995 Act arising from a complaint presented to an adjudicating body concerning an alleged act of discrimination contrary to the 1995 Act committed before 1st May 2006 which have not been determined by that date. The Guidance is not to have effect for the purposes of section 3(3) of the 1995 Act in relation to such proceedings. The Guidance issued by the Secretary of State for Education and Employment on 25th July 1996 under section 3 of the 1995 Act (ISBN 0-11-270955-9) is to continue to have effect in relation to such proceedings. Section 3(3) of the 1995 Act requires an adjudicating body to take into account any guidance which appears to it to be relevant.

A regulatory impact assessment has not been prepared for this Order as it has no direct impact on the costs of business, charities and the voluntary sector.

However, a regulatory impact assessment of the changes made to the definition of a disabled person discussed in the Guidance and the effect these changes would have on the costs of business was prepared as part of the regulatory impact assessment in relation to the Disability Discrimination Act 2005. A copy of the regulatory impact assessment for the Disability Discrimination Act 2005 has been placed in the Library of each House of Parliament. A copy is available from Disability Rights Division, Department for Work and Pensions, Level 6, The Adelphi, 1-11 John Adam Street, London WC2N 6HT.

A copy of the Guidance may be obtained from The Stationery Office Limited (mail, telephone, fax and e-mail orders only) PO Box 29, Norwich NR3 1GN (telephone orders 0870 600 5522, fax orders 0870 600 5533, e-mail [e-mail], textphone 0870 240 3701, internet http://www.tso.co.uk/bookshop) and from The Stationery Office Bookshops or can be downloaded free of charge from the Disability Rights Commission website: www.drc-gb.org.