The Disability Discrimination Code of Practice (Services, Public Functions, Private Clubs and Premises) (Appointed Day) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order appoints 4th December 2006 for the coming into effect of the Disability Discrimination Act 1995 Code of Practice on Rights of Access: services to the public, public authority functions, private clubs and premises (ISBN 0117036951) (“the new Code”) which was issued by the Disability Rights Commission (“DRC”) on 18th July 2006 under section 53A(1), (1D) and (1F) of the Disability Discrimination Act 1995 (“the Act”).

The new Code has been prepared by the DRC in readiness for the coming into force on 4th December 2006 of extensive new duties under the Act, as amended by the Disability Discrimination Act 2005, affecting public authorities carrying out their functions, private clubs, and landlords and managers of let premises. It provides practical guidance to providers of goods, facilities and services, public authorities, private clubs and providers of premises, in relation to their duties under Part 3 of the Act. In addition, the new Code gives practical guidance to landlords and tenants in England and Wales on the making of disability-related improvements to let residential premises, and to landlords and tenants of houses in Scotland on similar matters.

Article 3 makes transitional provision about acts taking place before 4th December 2006. Where it is alleged that a person has, before 4th December 2006, committed an act which is unlawful discrimination for the purposes of Part 3 of the Act, the new Code is not to have effect for the purposes of section 53A(8A) of the Act. The new Code is also not to have effect for the purposes of section 53A(8A) of the Act in relation to proceedings relating to a disability-related improvement to let residential premises which arise from an act or omission which took place before 4th December 2006. Section 53A(8A) requires a court or tribunal hearing any proceedings to take into account any provision of a code of practice which appears to it to be relevant. Equivalent provision is made in respect of proceedings relating to alterations to houses in Scotland which arise from an act or omission which took place before 4th December 2006.

The new Code will replace the Disability Discrimination Act 1995 Code of Practice on Rights of Access Goods, Facilities, Services and Premises (ISBN 0117028606), which was brought into force in May 2002, and is to be revoked on 4th December 2006 (S.I. 2006/1966).

A copy of the new Code of Practice may be purchased from The Stationery Office (TSO Orders, PO Box 29, Norwich NR3 1GN, telephone [phone], fax [phone], e-mail [e-mail], textphone 0870 240 3701, internet http://www.tsoshop.co.uk), or from The Stationery Office Bookshops, or downloaded free of charge from the DRC website: www.drc-gb.org.

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