The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007

Amendment of the Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2004

5.—(1) The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2004(1) is amended as follows.

(2) In article 3—

(a) after “the purposes of section 56 of the Act” insert “(for cases falling within Part II of the Act (the employment field and members of district councils) and, in relation to Part III of the Act (discrimination in other areas), for cases falling within section 21A (employment services) and sections 19 to 21 of the Act (discrimination in relation to services and duty to make adjustments) in so far as sections 19 to 21 relate to a group insurance arrangement)”;

(b) in paragraph (a), for “complainant” substitute “person aggrieved”.

(3) In article 4, for paragraph (a) substitute the following paragraph—

“(a) where it was served before a complaint had been presented to a tribunal, if it was so served—

(i) within the period of three months beginning when the act complained of was done; or

(ii) where the period under paragraph 3 of Schedule 3 to the Act within which proceedings must be brought is extended by regulation 15 of the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004(2), within that extended period; or”.

(4) In article 5(b), for “complainant” substitute “person aggrieved”.

(5) In Schedule 1—

(a) for “complainant” (in each place) substitute “person aggrieved”;

(b) in paragraph 1—

(i) for “the Disability Discrimination Act 1995 (“the Act”) by” substitute “Part II of the Disability Discrimination Act 1995 (“the Act”) or Part III of that Act so far as it relates to employment services or a group insurance arrangement by”;

(ii) in sub-paragraph (a)(i), after “against me”, insert “(not applicable in a group insurance case)”;

(iii) after “harassment contrary to the Act” insert “(not applicable in a group insurance case)”;

(c) in the Notes—

(i) for paragraph (1) substitute the following paragraph—

“(1) Under section 56(3) of the Act (as substituted by the Disability Discrimination (Northern Ireland) Order 2006), this questionnaire and any reply are admissible in evidence in industrial tribunal proceedings brought under Part II of the Act or under section 21A (employment services) and sections 19 to 21 (discrimination in relation to services and duty to make adjustments) in so far as sections 19 to 21 relate to a group insurance arrangement, of Part III of the Act.”.

(ii) in paragraph (2), for “a failure,” substitute “a deliberate failure,” and for “Part III if the case concerns employment services” substitute “the provisions of Part III mentioned in paragraph (1).”.

(6) In Schedule 2—

(a) for “(name of complainant)” substitute “(name of person aggrieved)”;

(b) in paragraph 3 for “(Include any reasons which in your view explain or justify your treatment of the complainant or explain any failure on your part to comply with a duty to make a reasonable adjustment).” substitute “(Include any reasons which in your view explain or justify your treatment of the person aggrieved or which explain, or in a group insurance case justify, any failure on your part to comply with a duty to make a reasonable adjustment).”.

(1)

S.R. 2004 No. 479

(2)

S.R. 2004 No. 521