The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004

Interpretation of Part II

18.  In Part II of the Act, after section 18C (charities), insert the following section –

“Interpretation of Part II

18D.— (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 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 any of the following (whether permanent or temporary) –

  (a)

  any feature arising from the design or construction of a building on the premises,

  (b)

  any feature on the premises of any approach to, exit from or access to such a building,

  (c)

  any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises,

  (d)

  any other physical element or quality of any land comprised in the premises;

• “provision, criterion or practice” includes any arrangements.”.