Explanatory Note
(This note is not part of the Order.)
This Order revokes and replaces the Disability Discrimination (Questions and Replies) Order (Northern Ireland) 1996 which prescribed the form of a questionnaire which could be used by a person (“the complainant”) who considered that he may have been discriminated against by another (“the respondent”) contrary to any provision of Part II of the Disability Discrimination Act 1995. The 1996 Order also prescribed a form for the respondent’s reply and laid down specified periods within which the questions had to be served by the complainant in order to be admissible in proceedings before an industrial tribunal.
This Order prescribes amended forms for questions and replies in consequence of the changes made to Part II and (in respect of employment services) Part III of the Disability Discrimination Act 1995 by the Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 in order to implement Council Directive 2000/78/EC (O.J. No. L303, 2.12.2000, p. 16) so far as it relates to disability discrimination. The relevant changes include:
an amended definition of discrimination;
a specific prohibition of harassment;
extension of the scope of Part II of the Act to cover, for example, partnerships;
the requirement that the respondent reply to the questions served by the complainant within 8 weeks, in the absence of a reasonable excuse.
Article 3 of this Order prescribes the forms which may be used for the purposes mentioned in section 56 of the Act, as amended. The form set out in Schedule 1 is for use where the complainant considers that he may have been discriminated against or subjected to harassment in contravention of the Act and wishes to question the respondent. The form set out in Schedule 2 is for use by the respondent when replying.
Article 4 relates to the period within which questions must be served on the respondent if they are to be admissible as evidence in proceedings before an industrial tribunal. Article 4(a) applies where a question is served before a complaint has been presented to an industrial tribunal. Article 4(b) applies where a question is served after a complaint has been presented to an industrial tribunal. It extends the period provided for in the 1996 Order from 21 to 28 days.
Article 5 relates to the manner of service of questions and replies.
No Regulatory Impact Assessment has been prepared in connection with this Order as it imposes negligible costs on business.