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Explanatory Note

(This note is not part of the Order.)

Under Article 54A of the Disability Discrimination Act 1995, the Equality Commission for Northern Ireland may prepare and issue codes of practice giving practical guidance –

(a)to employers, service providers or other persons to whom provisions of Part II or Part III of that Act apply on how to avoid discrimination or any other matter relating to the operation of those provisions in relation to them; or

(b)to any person on any other matter, with a view to –

(i)promoting the equalisation of opportunities for disabled persons and persons who have had a disability, or

(ii)encouraging good practice relating to the treatment of such persons,

in any field of activity regulated by any provision of Part II or Part III of that Act. Part II of the Act relates to discrimination in the field of employment while Part III of the Act relates to discrimination in other areas such as goods, facilities, services and premises.

Under this provision, the Commission has issued a Code of Practice on the rights of access to goods, facilities, services and premises. This Order appoints 1st March 2004 as the date on which that code shall come into effect. Failure to observe any provision of this code of practice does not itself make a person liable to any proceedings but any provision of a code which appears to a Court to be relevant to any question arising in any proceedings must be taken into account in determining that question.

The new code may be obtained from the Equality Commission for Northern Ireland, Disability Unit, Equality House, 7-9 Shaftesbury Square, Belfast, BT2 7DP (Telephone 028 9050 0600, Textphone 028 9050 0589, e-mail: information@equalityni.org and from the Commission’s website at www.equalityni.org).

A regulatory impact assessment of the duties dealt with in the new code and the effect they would have on the cost of business is available from the Office of the First Minister and deputy First Minister on the following website address: www.ofmdfmni.gov.uk/equality or from the Office of the First Minister and deputy First Minister, Anti Discrimination Division, Room E3.18, Castle Buildings, Stormont Estate, Belfast, BT4 3SR (Telephone 028 9052 3153 or Textphone 028 9052 2526).