The Disability Discrimination Code of Practice (Trade Organisations, Qualifications Bodies and General Qualifications Bodies) (Commencement) Order 2008

Statutory Instruments

2008 No. 1335

Disabled Persons

The Disability Discrimination Code of Practice (Trade Organisations, Qualifications Bodies and General Qualifications Bodies) (Commencement) Order 2008

Made

22nd May 2008

The Lord Privy Seal, in exercise of the powers conferred by sections 14(8)(b) and 39(2)(c) of the Equality Act 2006(1), makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Disability Discrimination Code of Practice (Trade Organisations, Qualifications Bodies and General Qualifications Bodies) (Commencement) Order 2008.

(2) In this Order—

“the 2006 Act” means the Equality Act 2006; and

“the Code” means the Disability Discrimination Act 1995 Revised Code of Practice: Trade Organisations, Qualifications Bodies and General Qualifications Bodies (ISBN 978-1-84206-049-0) issued by the Commission for Equality and Human Rights under section 14(1) of the 2006 Act on 16th May 2008, having been laid in draft before Parliament on 3rd March 2008.

Commencement of Code

2.  Subject to article 3, the Code comes into force on 23rd June 2008.

Transitional provision

3.  The Code does not have effect for the purposes of section 15(4)(b) of the 2006 Act to the extent that any proceedings (whenever commenced) relate to a complaint alleging that a person has, before 23rd June 2008, committed an act of unlawful discrimination under Part 2 of the Disability Discrimination Act 1995(2).

Signed by authority of the Lord Privy Seal

Barbara Follett

Parliamentary Secretary

Government Equalities Office

22nd May 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings the Disability Discrimination Act 1995 Revised Code of Practice: Trade Organisations, Qualifications Bodies and General Qualifications Bodies (“the Code”) into force on 23rd June 2008. The Code was issued by the Commission for Equality and Human Rights under section 14(1) of the Equality Act 2006 on 16th May 2008.

The Code provides practical guidance on how to avoid committing acts which are unlawful under, and other matters relating to the operation of, Part 2 of the Disability Discrimination Act 1995 to the extent that it relates to trade organisations, qualifications bodies and general qualifications bodies. In relation to trade organisations and qualifications bodies, it replaces the Disability Discrimination Act 1995 Code of Practice for Trade Organisations and Qualifications Bodies (ISBN 0-11-703418-5) which is revoked by the Disability Discrimination Code of Practice (Trade Organisations and Qualifications Bodies) (Revocation) Order 2008 (S.I. 2008/1336).

Article 3 of this Order makes transitional provision for proceedings under Part 2 of the Disability Discrimination 1995 to the extent they relate to events taking place before 23rd June 2008 and have not been determined by that date. The Code does not have effect in relation to such proceedings for the purposes of section 15(4)(b) of the Equality Act 2006, which requires a court or tribunal to take into account any provision of a code of practice which appears to it to be relevant.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

A copy of the Code (ISBN 978-1-84206-049-0) may be obtained from The Stationery Office or can be downloaded free of charge from the Commission for Equality and Human Rights website: www.equalityhumanrights.com.

(1)

2006 c. 3.

(2)

1995 c. 50.