Disability Discrimination Act 1995

1995 c. 50

An Act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council.

[8th November 1995]

F1 C1 E1 C2 C3 C4 C5Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Extent Information

Act extends to Northern Ireland subject to modifications: see s. 70(6), Sch. 8.

Amendments (Textual)

Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

Act restricted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 21, 46 (with s. 38)

Act restricted (8.8.1998) by S.I. 1996/1919 (N.I. 16), art. 160(1)(b) (as substituted (8.8.1998) by S.I. 1998/1265 (N.I. 8), arts. 1(2), 15(3); S.R. 1998/274, art. 2(1), Sch. 1 (with savings and transitional provisions in art. 3))

Act: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 8(a), Sch. 6 Pt. I

Act (except ss. 8, 9(4)(d), 10(2)(b)): transfer of certain functions (N.I.)(1.12.1999) by S.R. 1999/481, art. 4(a), Sch. 2 Pt. I

Act: power to amend conferred (N.I) (1.9.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 38(6); S.R. 2005/336, art. 2, Sch.

Act: applied (with modifications) (S.) (3.11.2008) by The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations (S.S.I. 2008/356), {regs. 2, 33(1)}

Act applied (N.I.) (10.12.2015) by Children's Services Co-operation Act (Northern Ireland) 2015 (c. 10 (N.I.)), ss. 9(3)(b), 10(1)

Act: transfer of functions (N.I.) (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 2 (with art. 9(2))

Part I Disability

I1 C61 Meaning of “disability” and “disabled person”.

1

Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

2

In this Act “disabled person” means a person who has a disability.

I22 Past disabilities.

1

The provisions of this Part and Parts II and III apply in relation to a person who has had a disability as they apply in relation to a person who has that disability.

2

Those provisions are subject to the modifications made by Schedule 2.

3

Any regulations or order made under this Act may include provision with respect to persons who have had a disability.

4

In any proceedings under Part II or Part III of this Act, the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act in force when the act complained of was done had been in force at the relevant time.

5

The relevant time may be a time before the passing of this Act.

from time to time revise the whole or part of any guidance and re-issue it;

b

by order revoke any guidance.

12

In this section—

“40-day period”, in relation to the draft of any proposed guidance, means—
1. a
  if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
2. b
  in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days; and
“guidance” means guidance issued by the Secretary of State under this section and includes guidance which has been revised and re-issued.

Part II Employment

F28Meaning of “discrimination” and “harassment”

Annotations:

Amendments (Textual)

F28

Ss. 3A, 3B and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(2)} and said sections and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {4(2)}

3AMeaning of “discrimination”

1

For the purposes of this Part, a person discriminates against a disabled person if—

a

for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply, and

b

he cannot show that the treatment in question is justified.

2

For the purposes of this Part, a person also discriminates against a disabled person if he fails to comply with a duty to make reasonable adjustments imposed on him in relation to the disabled person.

3

Treatment is justified for the purposes of subsection (1)(b) if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.

4

But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within subsection (5).

5

A person directly discriminates against a disabled person if, on the ground of the disabled person’s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person.

6

If, in a case falling within subsection (1), a person is under a duty to make reasonable adjustments in relation to a disabled person but fails to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with that duty.

3BMeaning of “harassment”

6

This section applies only in relation to employment at an establishment in Great Britain.

F135 E2 C354AC34Employers: duty to make adjustments

1

Where—

a

a provision, criterion or practice applied by or on behalf of an employer, or

b

any physical feature of premises occupied by the employer,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

2

In subsection (1), “the disabled person concerned” means—

a

in the case of a provision, criterion or practice for determining to whom employment should be offered, any disabled person who is, or has notified the employer that he may be, an applicant for that employment;

b

in any other case, a disabled person who is—

i

an applicant for the employment concerned, or

ii

an employee of the employer concerned.

3

Nothing in this section imposes any duty on an employer in relation to a disabled person if the employer does not know, and could not reasonably be expected to know—

a

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the employment; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

the financial and other costs which would be incurred by the employer in taking the step and the extent to which taking it would disrupt any of his activities;

d

the extent of the employer’s financial and other resources;

e

d

any other prescribed matter.

12

This section imposes duties only for the purpose of determining whether an employer has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

E317 Exemption for small businesses.

1

Nothing in this Part applies in relation to an employer who has fewer than F13415 employees.

2

The Secretary of State may by order amend subsection (1) by substituting a different number (not greater than 20) for the number for the time being specified there.

3

In this section—

“anniversary” means the anniversary of the coming into force of this section; and
“review” means a review of the effect of this section.

4

Before making any order under subsection (2), the Secretary of State shall conduct a review.

5

Unless he has already begun or completed a review under subsection (4), the Secretary of State shall begin to conduct a review immediately after the fourth anniversary.

6

Any review shall be completed within nine months.

7

In conducting any review, the Secretary of State shall consult—

a

such organisations representing the interests of employers as he considers appropriate; and

b

such organisations representing the interests of disabled persons in employment or seeking employment as he considers appropriate.

8

If, on completing a review, the Secretary of State decides to make an order under subsection (2), he shall make such an order to come into force not later than one year after the commencement of the review.

9

If, on completing a review, the Secretary of State decides not to make such an order, he shall not later than one year after the commencement of the review lay before Parliament a report—

a

summarising the results of the review; and

b

giving the reasons for his decision.

10

Any report made by the Secretary of State under subsection (9) shall include a summary of the views expressed to him in his consultations.

F29Contract workers

Annotations:

Amendments (Textual)

F29

Ss. 4-4F and cross-headings substituted (E.W.S.) for ss. 4-6 and preceding cross-heading (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5(1)

E3 C41 C424BContract workers

1

It is unlawful for a principal, in relation to contract work, to discriminate against a disabled person who is a contract worker (a “disabled contract worker”)—

a

in the terms on which he allows him to do that work;

b

by not allowing him to do it or continue to do it;

c

in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or

d

by subjecting him to any other detriment.

2

It is also unlawful for a principal, in relation to contract work, to subject a disabled contract worker to harassment.

3

Subsection (1) does not apply to benefits of any description if the principal is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the contract worker in question, unless that provision differs in a material respect from the provision of the benefits by the principal to contract workers.

4

This subsection applies to a disabled contract worker where, by virtue of—

a

a provision, criterion or practice applied by or on behalf of all or most of the principals to whom he is or might be supplied, or

b

a physical feature of premises occupied by such persons,

he is likely, on each occasion when he is supplied to a principal to do contract work, to be placed at a substantial disadvantage in comparison with persons who are not disabled which is the same or similar in each case.

5

Where subsection (4) applies to a disabled contract worker, his employer must take such steps as he would have to take under section 4A if the provision, criterion or practice were applied by him or on his behalf or (as the case may be) if the premises were occupied by him.

6

Section 4A applies to any principal, in relation to contract work, as if he were, or would be, the employer of the disabled contract worker and as if any contract worker supplied to do work for him were an employee of his.

7

However, for the purposes of section 4A as applied by subsection (6), a principal is not required to take a step in relation to a disabled contract worker if under that section the disabled contract worker’s employer is required to take the step in relation to him.

8

This section applies only in relation to contract work done at an establishment in Great Britain (the provisions of section 68 about the meaning of “employment at an establishment in Great Britain” applying for the purposes of this subsection with the appropriate modifications).

9

In this section—

“principal” means a person (“A”) who makes work available for doing by individuals who are employed by another person who supplies them under a contract made with A;
“contract work” means work so made available; and
“contract worker” means any individual who is supplied to the principal under such a contract.

F30Office-holders

Annotations:

Amendments (Textual)

F30

Ss. 4-4F and cross-headings substituted for ss. 4-6 and preceding cross-heading (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5(1)

any office of the Greater London Authority held by a member of it,

l

any office of the Common Council of the City of London held by a member of it,

m

any office of the Council of the Isles of Scilly held by a member of it, or

n

any office of a political party.

references to making a recommendation include references to making a negative recommendation; and

b

references to refusal include references to deliberate omission.

E39 C46 C474EOffice-holders: duty to make adjustments

1

Where—

a

a provision, criterion or practice applied by or on behalf of a relevant person, or

b

any physical feature of premises—

i

under the control of a relevant person, and

ii

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

E40 C48 C494FOffice-holders: supplementary

1

In sections 4C to 4E, appointment to an office or post does not include election to an office or post.

2

In sections 4D and 4E, “relevant person” means—

a

in a case relating to an appointment to an office or post, the person with power to make that appointment;

b

in a case relating to the making of a recommendation or the giving of an approval in relation to an appointment, a person or body referred to in section 4C(3)(b) with power to make that recommendation or (as the case may be) to give that approval;

c

in a case relating to a term of an appointment, the person with power to determine that term;

d

in a case relating to a working condition afforded in relation to an appointment—

i

the person with power to determine that working condition; or

ii

where there is no such person, the person with power to make the appointment;

e

in a case relating to the termination of an appointment, the person with power to terminate the appointment;

f

in a case relating to the subjection of a disabled person to any other detriment or to harassment, any person or body falling within one or more of paragraphs (a) to (e) in relation to such cases as are there mentioned.

3

In subsection (2)(d), “working condition” includes—

a

any opportunity for promotion, a transfer, training or receiving any other benefit; and

b

any physical feature of premises at or from which the functions of an office or post are performed.

F31Occupational pension schemes

Annotations:

Amendments (Textual)

F31

Ss. 4G-4K and cross-heading inserted (E.W.S.) (1.12.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3){3}

is liable to be unduly complex or protracted, or

ii

involves the obtaining of consents which cannot be obtained, or can only be obtained with undue delay or difficulty,

by resolution make such alterations to the scheme.

6

The alterations referred to in subsection (5) may have effect in relation to a period before the alterations are made (but may not have effect in relation to a period before the coming into force of this section).

E524HC55 Occupational pension schemes: duty to make adjustments

1

Where—

a

a provision, criterion or practice (including a scheme rule) applied by or onbehalf of the trustees or managers of an occupational pension scheme, or

b

any physical feature of premises occupied by the trustees or managers,

places a relevant disabled person at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the trustees or managers to take such steps as it is reasonable, in all the circumstances of the case, for them to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

2

The making of alterations to scheme rules is (in addition to the examples set out in section 18B(2)) an example of a step which trustees or managers may have to take in order to comply with the duty set out in subsection (1).

3

Nothing in subsection (1) imposes any duty on trustees or managers in relation to a disabled person if they do not know, and could not reasonably be expected to know—

a

that the disabled person is a relevant disabled person; or

b

that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

E534IC56 Occupational pension schemes: procedure

1

Where under section 17A F165 a relevant disabled person presents a complaint to an employment tribunal that the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part, the employer in relation to that scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.

2

In this section, “employer”, in relation to an occupational pension scheme, has the meaning given by section 124(1) of the Pensions Act 1995 F166 as at the date of coming into force of this section.

may make such provision as the tribunal considers appropriate as to the terms upon which, or the capacity in which, the disabled person is to enjoy such admission or membership.

4

The tribunal may not award the disabled person any compensation under section 17A(2)(b) (whether in relation to arrears of benefits or otherwise) other than—

a

compensation for injury to feelings;

b

compensation pursuant to section 17A(5).

E544KC58 Occupational pension schemes: supplementary

1

In their application to communications, sections 4G to 4J apply in relation to a disabled person who is—

a

entitled to the present payment of dependants' or survivors' benefits under an occupational pension scheme; or

b

a pension credit member of such a scheme,

as they apply in relation to a disabled person who is a pensioner member of the scheme.

2

In sections 4G to 4J and in this section—

“active member”, “deferred member”, “managers”, “pension credit member”, “pensioner member” and “trustees or managers” have the meanings given by section 124(1) of the Pensions Act 1995 F167 as at the date of coming into force of this section;
“communications” includes—
1. i
  the provision of information, and
2. ii
  the operation of a dispute resolution procedure;
“member”, in relation to an occupational pension scheme, means any active, deferred or pensioner member;
“non-discrimination rule” means the rule in section 4G(1);
“relevant disabled person”, in relation to an occupational pension scheme, means a disabled person who is a member or prospective member of the scheme; and
“prospective member” means any person who, under the terms of his contract of employment or the scheme rules or both—
1. i
  is able, at his own option, to become a member of the scheme,
2. ii
  will become so able if he continues in the same employment for a sufficiently long period,
3. iii
  will be admitted to it automatically unless he makes an election not to become a member, or
4. iv
  may be admitted to it subject to the consent of his employer.

F32Partnerships

Annotations:

Amendments (Textual)

F32

Ss. 6A-6C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003

(S.I. 2003/1673), regs. 1(2)(3), {6}

E416APartnerships: discrimination and harassment

1

It is unlawful for a firm, in relation to a position as partner in the firm, to discriminate against a disabled person—

a

in the arrangements which they make for the purpose of determining who should be offered that position;

b

in the terms on which they offer him that position;

c

by refusing or deliberately omitting to offer him that position; or

d

in a case where the person already holds that position—

i

in the way they afford him access to any benefits or by refusing or deliberately omitting to afford him access to them; or

ii

by expelling him from that position, or subjecting him to any other detriment.

2

It is also unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a disabled person who holds or has applied for that position.

3

Subsection (1) does not apply to benefits of any description if the firm are concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the partner in question, unless that provision differs in a material respect from the provision of the benefits to other partners.

4

The reference in subsection (1)(d)(ii) to the expulsion of a person from a position as partner includes a reference—

in the case of a provision, criterion or practice for determining to whom the position of partner should be offered, any disabled person who is, or has notified the firm that he may be, a candidate for that position;

b

in any other case, a disabled person who is—

i

a partner, or

ii

a candidate for the position of partner.

3

Nothing in this section imposes any duty on a firm in relation to a disabled person if the firm do not know, and could not reasonably be expected to know—

a

in the case of a candidate or potential candidate, that the disabled person concerned is, or may be, a candidate for the position of partner; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

4

Where a firm are required by this section to take any steps in relation to the disabled person concerned, the cost of taking those steps shall be treated as an expense of the firm; and the extent to which such cost should be borne by that person, where he is or becomes a partner in the firm, shall not exceed such amount as is reasonable, having regard in particular to the proportion in which he is entitled to share in the firm’s profits.

E436CPartnerships: supplementary

1

Sections 6A(1)(a) to (c) and (2) and section 6B apply in relation to persons proposing to form themselves into a partnership as they apply in relation to a firm.

2

Sections 6A and 6B apply to a limited liability partnership as they apply to a firm; and, in the application of those sections to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.

3

In the case of a limited partnership, references in sections 6A and 6B to a partner shall be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907 F149.

4

In sections 6A and 6B and in this section, “firm” has the meaning given by section 4 of the Partnership Act 1890 F150.

F33Barristers and advocates

Annotations:

Amendments (Textual)

F33

Ss. 7A-7D and cross-heading inserted (E.W. for ss. 7A, 7B, S. for ss. 7C, 7D) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 8 - see also s. 70(5A)(5B) of this Act.

E447ABarristers: discrimination and harassment

1

It is unlawful for a barrister or a barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a disabled person—

a

It is also unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against a disabled person or to subject him to harassment.

5

In this section and section 7D—

“advocate” means a member of the Faculty of Advocates practising as such; and
“pupil” has the meaning commonly associated with its use in the context of a person training to be an advocate.

7DAdvocates: duty to make adjustments

1

Where—

a

a provision, criterion or practice applied by or on behalf of an advocate, or

b

any physical feature of premises occupied by, and under the control of, an advocate,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the advocate to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

2

In this section, “the disabled person concerned” means—

a

in the case of a provision, criterion or practice for determining whom he will take as his pupil, any disabled person who has applied, or has notified the advocate that he may apply, to be taken as a pupil;

b

in any other case, a disabled person who is—

i

an applicant to be taken as the advocate’s pupil, or

ii

a pupil.

3

Nothing in this section imposes any duty on an advocate in relation to a disabled person if he does not know, and could not reasonably be expected to know—

a

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, applying to be taken as his pupil; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

F34Barristers

Annotations:

Amendments (Textual)

F34

Ss. 7A, 7B and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 8

E57BBarristers: duty to make adjustments

1

Where –

a

a provision, criterion or practice applied by or on behalf of a barrister, or

b

any physical feature of premises occupied by, and under the control of, a barrister,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the barrister to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

2

In this section, “the disabled person concerned” means –

a

in the case of a provision, criterion or practice for determining whom he will take as his pupil, any disabled person who has applied, or has notified the barrister that he may apply, to be taken as a pupil;

b

in any other case, a disabled person who is –

i

an applicant to be taken as the barrister’s pupil, or

ii

a pupil.

3

Nothing in this section imposes any duty on a barrister in relation to a disabled person if he does not know, and could not reasonably be expected to know –

a

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, applying to be taken as his pupil; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

F10 Enforcement etc.

Annotations:

Amendments (Textual)

F10

Cross-heading "Enforcement etc." preceding s. 8 moved (to follow s. 17) (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 9 and said cross-heading moved (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {9}

F2 E6 I38 Enforcement, remedies and procedure.

1

A complaint by any person that another person—

a

has discriminated against him in a way which is unlawful under this Part, or

b

c

3

4

5

If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—

a

increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or

b

make an order under subsection (2)(b).

6

Regulations may make provision—

a

for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and

b

7

Regulations may modify the operation of any order made under paragraph 6A of Schedule 9 to the Employment Protection (consolidation)Act 1978 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).

8

Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

the agreement is to submit it to arbitration in accordance with the scheme, but

b

shall be regarded as neither being nor including such an agreement in any other case.

E79 Validity of certain agreements.

In subsection (4)(a) “qualified lawyer” means a barrister (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.

4C

In subsection (4)(b) “independent trade union” has the same meaning as in the Industrial Relations (Northern Ireland) Order 1992.

5

For the purposes of subsection (4A) any two persons are to be treated as connected—

a

if one is a company of which the other (directly or indirectly) has control, or

b

if both are companies of which a third person (directly or indirectly) has control.

F96

An agreement under which the parties agree to submit a dispute to arbitration—

a

shall be regarded for the purposes of subsection (2) as being an agreement not to institute, or an agreement not to continue, proceedings if—

i

the dispute is covered by a scheme having effect by virtue of an order under Article 84A of the Industrial Relations (Northern Ireland) Order 1992, and

ii

the agreement is to submit it to arbitration in accordance with the scheme, but

b

shall be regarded as neither being nor including such an agreement in any other case.

E3510 Charities and support for particular groups of persons.

1

Nothing in this Part—

a

affects any charitable instrument which provides for conferring benefits on one or more categories of person determined by reference to any physical or mental capacity; or

b

makes unlawful any act done by a charity or recognised body in pursuance of any of its charitable purposes, so far as those purposes are connected with persons so determined.

2

Nothing in this Part prevents—

a

a person who provides supported employment from treating members of a particular group of disabled persons more favourably than other persons in providing such employment; or

b

the Secretary of State from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.

3

In this section—

“charitable instrument” means an enactment or other instrument (whenever taking effect) so far as it relates to charitable purposes;
“charity” has the same meaning as in the M33Charities Act 1993;
“recognised body” means a body which is a recognised body for the purposes of Part I of the M34Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and
“supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the M35Disabled Persons (Employment) Act 1944.

4

In the application of this section to England and Wales, “charitable purposes” means purposes which are exclusively charitable according to the law of England and Wales.

5

In the application of this section to Scotland, “charitable purposes” shall be construed in the same way as if it were contained in the Income Tax Acts.

X2 C3711 Advertisements suggesting that employers will discriminate against disabled persons.

1

This section applies where—

a

a disabled person has applied for employment with an employer;

b

the employer has refused to offer, or has deliberately not offered, him the employment;

c

the disabled person has presented a complaint under section 8 against the employer;

d

the employer has advertised the employment (whether before or after the disabled person applied for it); and

e

the advertisement indicated, or might reasonably be understood to have indicated, that any application for the advertised employment would, or might, be determined to any extent by reference to—

i

the successful applicant not having any disability or any category of disability which includes the disabled person’s disability; or

ii

the employer’s reluctance to take any action of a kind mentioned in section 6.

2

The tribunal hearing the complaint shall assume, unless the contrary is shown, that the employer’s reason for refusing to offer, or deliberately not offering, the employment to the complainant was related to the complainant’s disability.

3

In this section “advertisement” includes every form of advertisement or notice, whether to the public or not.

Discrimination by other persons

C39 I51 E3612C38 Discrimination against contract workers.

1

It is unlawful for a principal, in relation to contract work, to discriminate against a disabled person—

a

in the terms on which he allows him to do that work;

b

by not allowing him to do it or continue to do it;

c

in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or

d

by subjecting him to any other detriment.

2

3

The provisions of this Part (other than subsections (1) to (3) of section 4) apply to any principal, in relation to contract work, as if he were, or would be, the employer of the contract worker and as if any contract worker supplied to do work for him were an employee of his.

4

In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

5

6

In this section—

“principal” means a person (“A”) who makes work available for doing by individuals who are employed by another person who supplies them under a contract made with A;
“contract work” means work so made available; and
“contract worker” means any individual who is supplied to the principal under such a contract.

13 Discrimination by trade organisations.

1

It is unlawful for a trade organisation to discriminate against a disabled person—

a

in the terms on which it is prepared to admit him to membership of the organisation; or

b

by refusing to accept, or deliberately not accepting, his application for membership.

2

It is unlawful for a trade organisation, in the case of a disabled person who is a member of the organisation, to discriminate against him—

a

in the way it affords him access to any benefits or by refusing or deliberately omitting to afford him access to them;

b

by depriving him of membership, or varying the terms on which he is a member; or

c

by subjecting him to any other detriment.

3

In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

4

In this section “trade organisation” means an organisation of workers, an organisation of employers or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.

3

In determining whether it is reasonable for a trade organisation to have to take a particular step in order to comply with subsection (1), regard shall be had, in particular, to—

a

the extent to which taking the step would prevent the effect in question;

b

the extent to which it is practicable for the organisation to take the step;

c

the financial and other costs which would be incurred by the organisation in taking the step and the extent to which taking it would disrupt any of its activities;

d

the extent of the organisation’s financial and other resources;

e

the availability to the organisation of financial or other assistance with respect to taking the step.

This subsection is subject to any provision of regulations made under subsection (7).

4

In this section “the disabled person concerned” means—

a

in the case of arrangements for determining to whom membership should be offered, any disabled person who is, or has notified the organisation that he may be, an applicant for membership;

b

in any other case, a disabled person who is—

i

an applicant for membership; or

ii

a member of the organisation.

5

Nothing in this section imposes any duty on an organisation in relation to a disabled person if the organisation does not know, and could not reasonably be expected to know that the disabled person concerned—

a

is, or may be, an applicant for membership; or

b

has a disability and is likely to be affected in the way mentioned in subsection (1).

6

Subject to the provisions of this section, nothing in this Part is to be taken to require a trade organisation to treat a disabled person more favourably than it treats or would treat others.

7

Regulations may make provision for the purposes of subsection (1) as to any of the matters mentioned in paragraphs (a) to (h) of section 6(8) (the references in those paragraphs to an employer being read for these purposes as references to a trade organisation).

8

Subsection (9) of section 6 applies in relation to such regulations as it applies in relation to regulations made under section 6(8).

9

Regulations may make provision adding to the duty imposed on trade organisations by this section, including provision of a kind which may be made under subsection (7).

10

This section imposes duties only for the purpose of determining whether a trade organisation has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

F35Trade and professional bodies

Annotations:

Amendments (Textual)

F35

Ss. 13-14D and cross-headings substituted for ss. 13-15 (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 13

section 3A(4) has effect as if the reference to section 3A(3) were a reference to subsection (3) of this section.

5

In this section and section 14B—

“qualifications body” means any authority or body which can confer a professional or trade qualification, but it does not include—
1. a
  a responsible body (within the meaning of Chapter 1 or 2 of Part 4),
2. b
  a local education authority in England or Wales, or
3. c
  an education authority (within the meaning of section 135(1) of the Education (Scotland) Act 1980);
“confer” includes renew or extend;
“professional or trade qualification” means an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular profession or trade;
“competence standard” means an academic, medical or other standard applied by or on behalf of a qualifications body for the purpose of determining whether or not a person has a particular level of competence or ability.

E4514BQualifications bodies: duty to make adjustments

1

Where—

a

a provision, criterion or practice, other than a competence standard, applied by or on behalf of a qualifications body; or

b

any physical feature of premises occupied by a qualifications body,

any physical feature of premises occupied by the placement provider,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the placement provider to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

2

In this section, “the disabled person concerned” means—

a

in the case of a provision, criterion or practice for determining to whom a work placement should be offered, any disabled person who is, or has notified the placement provider that he may be, an applicant for that work placement;

b

in any other case, a disabled person who is—

i

an applicant for the work placement concerned, or

ii

undertaking a work placement with the placement provider.

3

Nothing in this section imposes any duty on a placement provider in relation to the disabled person concerned if he does not know, and could not reasonably be expected to know—

a

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the work placement; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

F36Relationships between locally-electable authorities and their members

Annotations:

Amendments (Textual)

F36

Ss. 15A-15C and cross-heading inserted (E.W.S.) (5.12. 2005 so far as the amending provision inserts s. 15A to the extent that it relates to s. 15B, and s. 15B, and 4.12.2006 so far as the amending provision is not already in force) by Disability Discrimination Act 2005 (c. 13), ss. 1, 20(3)-(6); S.I. 2005/2774, arts. 3(a), 4(a)

15AInterpretation of sections 15B and 15C

1

Sections 15B and 15C apply to the following authorities—

a

the Greater London Authority;

b

a county council (in England or Wales);

c

a county borough council (in Wales);

d

a district council (in England);

e

a London borough council;

f

the Common Council of the City of London;

g

the Council of the Isles of Scilly;

h

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

i

a parish council (in England); and

j

a community council (in Wales or Scotland).

2

In relation to a member of an authority to which sections 15B and 15C apply, a reference in those sections to his carrying-out of official business is to his doing of anything—

a

as member of the authority;

b

as member of any body to which he is appointed by, or is appointed following nomination by, the authority or a group of bodies that includes the authority; or

c

as member of any other body if it is a public body.

3

In this section and sections 15B and 15C “member”, in relation to the Greater London Authority, means Mayor of London or member of the London Assembly.

15BAuthorities and their members: discrimination and harassment

1

It is unlawful for an authority to which this section applies to discriminate against a disabled person who is a member of the authority—

a

in the opportunities which it affords the disabled person to receive training, or any other facility, for his carrying-out of official business;

b

by refusing to afford, or deliberately not affording, the disabled person any such opportunities; or

c

by subjecting the disabled person to any other detriment in connection with his carrying-out of official business.

2

It is unlawful for an authority to which this section applies to subject a disabled person who is a member of the authority to harassment in connection with his carrying-out of official business.

3

A member of an authority to which this section applies is not subjected to a detriment for the purposes of subsection (1)(c) by reason of—

a

his not being appointed or elected to an office of the authority;

b

his not being appointed or elected to, or to an office of, a committee or sub-committee of the authority; or

c

his not being appointed or nominated in exercise of any power of the authority, or of a group of bodies that includes the authority, to appoint, or nominate for appointment, to any body.

4

Regulations may make provision as to the circumstances in which treatment is to be taken to be justified, or is to be taken not to be justified, for the purposes of section 3A(1)(b) as it has effect for the interpretation of “discriminate” in subsection (1).

5

Regulations under subsection (4) may (in particular) provide for section 3A(3) to apply with prescribed modifications, or not to apply, for those purposes; but treatment of a disabled person cannot be justified under subsection (4) if it amounts to direct discrimination falling within section 3A(5).

6

If, in a case falling within section 3A(1) as it has effect for the interpretation of “discriminate” in subsection (1), an authority to which this section applies is under a duty imposed by section 15C in relation to a disabled person but fails to comply with that duty, its treatment of that person cannot be justified under subsection (4) unless it would have been justified even if it had complied with that duty.

15CAuthorities and their members: duty to make adjustments

1

Subsection (2) applies where—

a

a provision, criterion or practice applied by or on behalf of an authority to which this section applies, or

b

any physical feature of premises occupied by, or under the control of, such an authority,

In this section—

“lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and
“sub-lease” and “sub-tenancy” have such meaning as may be prescribed.

4

If the terms and conditions of a lease—

a

impose conditions which are to apply if the occupier alters the premises, or

b

entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,

the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.

5

Part I of Schedule 4 supplements the provisions of this section.

F37Other unlawful acts

Annotations:

Amendments (Textual)

F37

Ss. 16A-16C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 15(1)

to subject the disabled person to harassment,

where the discrimination or harassment arises out of and is closely connected to the relevant relationship.

4

This subsection applies where—

a

a provision, criterion or practice applied by the relevant person to the disabled person in relation to any matter arising out of the relevant relationship, or

b

a physical feature of premises which are occupied by the relevant person,

places the disabled person at a substantial disadvantage in comparison with persons who are not disabled, but are in the same position as the disabled person in relation to the relevant person.

5

Where subsection (4) applies, it is the duty of the relevant person to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, practice or criterion, or feature, having that effect.

6

Nothing in subsection (5) imposes any duty on the relevant person if he does not know, and could not reasonably be expected to know, that the disabled person has a disability and is likely to be affected in the way mentioned in that subsection.

7

In subsection (2), reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before the commencement of this section, reference to such an act which would, after the commencement of this section, be unlawful.

16BDiscriminatory advertisements

1

It is unlawful for a person, in relation to a relevant appointment or benefit which he intends to make or confer, to publish or cause to be published an advertisement which—

a

invites applications for that appointment or benefit; and

b

indicates, or might reasonably be understood to indicate, that an application will or may be determined to any extent by reference to—

i

the applicant not having any disability, or any particular disability, or

ii

any reluctance of the person determining the application to comply with a duty to make reasonable adjustments or (in relation to employment services) with the duty imposed by section 21(1) as modified by section 21A(6).

2

Subsection (1) does not apply where it would not in fact be unlawful under this Part or, to the extent that it relates to the provision of employment services, Part 3 for an application to be determined in the manner indicated (or understood to be indicated) in the advertisement.

3

In subsection (1), “relevant appointment or benefit” means—

a

any employment, promotion or transfer of employment;

b

membership of, or a benefit under, an occupational pension scheme;

c

an appointment to any office or post to which section 4D applies;

d

any partnership in a firm (within the meaning of section 6A);

e

any tenancy or pupillage (within the meaning of section 7A or 7C);

f

any membership of a trade organisation (within the meaning of section 13);

g

any professional or trade qualification (within the meaning of section 14A);

h

any work placement (within the meaning of section 14C);

i

any employment services (within the meaning of Part 3).

4

In this section, “advertisement” includes every form of advertisement or notice, whether to the public or not.

16CInstructions and pressure to discriminate

1

It is unlawful for a person—

a

who has authority over another person, or

b

in accordance with whose wishes that other person is accustomed to act,

In determining, for the purposes of this section, whether an act or omission would amount to unlawful discrimination if done by an employer, any provision made under subsection (3) shall be applied as if it applied in relation to the notional employer.

I5518 Insurance services

1

This section applies where a provider of insurance services (“the insurer”) enters into arrangements with an employer under which the employer’s employees, or a class of his employees—

a

receive insurance services provided by the insurer; or

b

are given an opportunity to receive such services.

2

The insurer is to be taken, for the purposes of this Part, to discriminate unlawfully against a disabled person who is a relevant employee if he acts in relation to that employee in a way which would be unlawful discrimination for the purposes of Part III if—

a

he were providing the service in question to members of the public; and

b

the employee was provided with, or was trying to secure the provision of, that service as a member of the public.

C403

In this section—

“insurance services” means services of a prescribed description for the provision of benefits in respect of—
1. a
  termination of service;
2. b
  retirement, old age or death;
3. c
  accident, injury, sickness or invalidity; or
4. d
  any other prescribed matter; and
“relevant employee” means—
1. a
  in the case of an arrangement which applies to employees of the employer in question, an employee of his;
2. b
  in the case of an arrangement which applies to a class of employees of the employer, an employee who is in that class.

4

For the purposes of the definition of “relevant employee” in subsection (3), “employee”, in relation to an employer, includes a person who has applied for, or is contemplating applying for, employment by that employer or (as the case may be) employment by him in the class in question.

F18Enforcement etc.

Annotations:

Amendments (Textual)

F18

Cross-heading preceding s. 8 moved (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 9(1); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(1)

F151 E47 I417A Enforcement, remedies and procedure.

1

A complaint by any person that another person—

a

has discriminated against him F152, or subjected him to harassment, in a way which is unlawful under this Part, or

b

is, by virtue of section 57 or 58, to be treated as having F153done so,

may be presented to an F154employment tribunal.

F1551A

Subsection (1) does not apply to a complaint under section 14A(1) or (2) of an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.

1B

In subsection (1A), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

1C

Where, on the hearing of a complaint under subsection (1), the complainant proves facts from which the tribunal could, apart from this subsection, conclude in the absence of an adequate explanation that the respondent has acted in a way which is unlawful under this Part, the tribunal shall uphold the complaint unless the respondent proves that he did not so act.

2

Where an F156employment tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—

a

making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;

b

ordering the respondent to pay compensation to the complainant;

c

3

4

5

If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an F157employment tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—

a

increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or

b

make an order under subsection (2)(b).

6

Regulations may make provision—

a

for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and

b

7

Regulations may modify the operation of any order made under F158section 14 of F159the Employment Tribunals Act 1996 (power to make provision as to interest on sums payable in pursuance of F160employment tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).

8

Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

F11 E48 I417A Enforcement, remedies and procedure.

1

A complaint by any person that another person—

a

has discriminated against him F12, or subjected him to harassment, in a way which is unlawful under this Part, or

b

is, by virtue of section 57 or 58, to be treated as having F13done so,

may be presented to an industrial tribunal.

F141A

Subsection (1) does not apply to a complaint under section 14A(1) or (2) about an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.

1B

2

Where an industrial tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—

a

making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;

b

ordering the respondent to pay compensation to the complainant;

c

F153

4

5

a

increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or

b

make an order under subsection (2)(b).

6

Regulations may make provision—

a

for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and

b

F167

Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 F17 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).

8

Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

F1917BEnforcement of sections 16B and 16C

1

Only the Disability Rights Commission may bring proceedings in respect of a contravention of section 16B (discriminatory advertisements) or section 16C (instructions and pressure to discriminate).

2

The Commission shall bring any such proceedings in accordance with subsection (3) or (4).

3

The Commission may present to an employment tribunal a complaint that a person has done an act which is unlawful under section 16B or 16C; and if the tribunal finds that the complaint is well-founded it shall make a declaration to that effect.

4

Where—

a

a tribunal has made a finding pursuant to subsection (3) that a person has done an act which is unlawful under section 16B or 16C,

b

that finding has become final, and

c

it appears to the Commission that, unless restrained, he is likely to do a further act which is unlawful under that section,

the Commission may apply to a county court for an injunction, or (in Scotland) to a sheriff court for an interdict, restraining him from doing such an act; and the court, if satisfied that the application is well-founded, may grant the injunction or interdict in the terms applied for or in more limited terms.

5

A finding of a tribunal under subsection (3) in respect of any act shall, if it has become final, be treated as conclusive by a county court or sheriff court upon an application under subsection (4).

6

A finding of a tribunal becomes final for the purposes of this section when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.

7

An employment tribunal shall not consider a complaint under subsection (3) unless it is presented before the end of the period of six months beginning when the act to which it relates was done; and a county court or sheriff court shall not consider an application under subsection (4) unless it is made before the end of the period of five years so beginning.

8

A court or tribunal may consider any such complaint or application which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

9

The provisions of paragraph 3(3) and (4) of Schedule 3 apply for the purposes of subsection (7) as they apply for the purposes of paragraph 3(1) of that Schedule.

F1917CValidity of contracts, collective agreements and rules of undertakings

Schedule 3A shall have effect.

F161Supplementary and general

Annotations:

Amendments (Textual)

F161

Cross-heading "Supplementary and General" inserted (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 17(1); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004

(S.R. 2004/55), regs. 1(2)(3), {17(1)}

F162 C50 C51 I518A Alterations to premises occupied under leases.

1

This section applies where—

a

F163a person to whom a duty to make reasonable adjustments applies(“the occupier”) occupies premises under a lease;

b

but for this section, the occupier would not be entitled to make a particular alteration to the premises; and

c

the alteration is one which the occupier proposes to make in order to comply with F164that duty.

2

Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—

a

for the occupier to be entitled to make the alteration with the written consent of the lessor;

b

for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;

c

if such an application is made, for the lessor not to withhold his consent unreasonably; and

d

for the lessor to be entitled to make his consent subject to reasonable conditions.

F232A

i

for the lessee to have to make a written application to the lessor for consent to the alteration;

ii

if such an application is made, for the lessor not to withhold his consent unreasonably; and

iii

for the lessor to be entitled to make his consent subject to reasonable conditions.

3

In this section—

“lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and
“sub-lease” and “sub-tenancy” have such meaning as may be prescribed.

4

If the terms and conditions of a lease—

a

impose conditions which are to apply if the occupier alters the premises, or

b

entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,

the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.

5

Part I of Schedule 4 supplements the provisions of this section.

F20 I5 C50 C51 C7 C52 C5318A Alterations to premises occupied under leases.

1

This section applies where—

a

F21a person to whom a duty to make reasonable adjustments applies(“the occupier”) occupies premises under a lease;

b

but for this section, the occupier would not be entitled to make a particular alteration to the premises; and

c

the alteration is one which the occupier proposes to make in order to comply with F22that duty.

2

Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—

a

for the occupier to be entitled to make the alteration with the written consent of the lessor;

b

for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;

c

if such an application is made, for the lessor not to withhold his consent unreasonably; and

d

for the lessor to be entitled to make his consent subject to reasonable conditions.

F232A

i

for the lessee to have to make a written application to the lessor for consent to the alteration;

ii

if such an application is made, for the lessor not to withhold his consent unreasonably; and

iii

for the lessor to be entitled to make his consent subject to reasonable conditions.

3

In this section—

“lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and
“sub-lease” and “sub-tenancy” have such meaning as may be prescribed.

4

If the terms and conditions of a lease—

a

impose conditions which are to apply if the occupier alters the premises, or

b

entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,

the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.

5

Part I of Schedule 4 supplements the provisions of this section.

F2518BReasonable adjustments: supplementary

1

In determining whether it is reasonable for a person to have to take a particular step in order to comply with a duty to make reasonable adjustments, regard shall be had, in particular, to—

a

the extent to which taking the step would prevent the effect in relation to which the duty is imposed;

b

the extent to which it is practicable for him to take the step;

c

the financial and other costs which would be incurred by him in taking the step and the extent to which taking it would disrupt any of his activities;

d

the extent of his financial and other resources;

e

the availability to him of financial or other assistance with respect to taking the step;

f

the nature of his activities and the size of his undertaking;

g

where the step would be taken in relation to a private household, the extent to which taking it would—

i

disrupt that household, or

ii

disturb any person residing there.

2

The following are examples of steps which a person may need to take in relation to a disabled person in order to comply with a duty to make reasonable adjustments—

a

making adjustments to premises;

b

allocating some of the disabled person’s duties to another person;

c

transferring him to fill an existing vacancy;

d

altering his hours of working or training;

e

assigning him to a different place of work or training;

f

allowing him to be absent during working or training hours for rehabilitation, assessment or treatment;

g

giving, or arranging for, training or mentoring (whether for the disabled person or any other person);

h

acquiring or modifying equipment;

i

modifying instructions or reference manuals;

j

modifying procedures for testing or assessment;

k

providing a reader or interpreter;

l

providing supervision or other support.

3

For the purposes of a duty to make reasonable adjustments, where under any binding obligation a person is required to obtain the consent of another person to any alteration of the premises occupied by him—

a

it is always reasonable for him to have to take steps to obtain that consent; and

b

it is never reasonable for him to have to make that alteration before that consent is obtained.

4

The steps referred to in subsection (3)(a) shall not be taken to include an application to a court or tribunal.

5

In subsection (3), “binding obligation” means a legally binding obligation (not contained in a lease (within the meaning of section 18A(3)) in relation to the premises, whether arising from an agreement or otherwise.

6

A provision of this Part imposing a duty to make reasonable adjustments applies only for the purpose of determining whether a person has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

F24 E4918C Charities and support for particular groups of persons.

1

Nothing in this Part—

a

affects any charitable instrument which provides for conferring benefits on one or more categories of person determined by reference to any physical or mental capacity; or

b

makes unlawful any act done by a charity or recognised body in pursuance of any of its charitable purposes, so far as those purposes are connected with persons so determined.

2

Nothing in this Part prevents—

a

a person who provides supported employment from treating members of a particular group of disabled persons more favourably than other persons in providing such employment; or

b

the Secretary of State from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.

3

In this section—

“charitable instrument” means an enactment or other instrument (whenever taking effect) so far as it relates to charitable purposes;
“charity” has the same meaning as in the M36Charities Act 1993;
“recognised body” means a body which is a recognised body for the purposes of Part I of the M37Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and
“supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the M38Disabled Persons (Employment) Act 1944.

4

In the application of this section to England and Wales, “charitable purposes” means purposes which are exclusively charitable according to the law of England and Wales.

5

In the application of this section to Scotland, “charitable purposes” shall be construed in the same way as if it were contained in the Income Tax Acts.

F26 E5018DInterpretation of Part 2

1

Subject to any duty to make reasonable adjustments, nothing in this Part is to be taken to require a person to treat a disabled person more favourably than he treats or would treat others.

2

In this Part—

“benefits” includes facilities and services;
“detriment”, except in section 16C(2)(b), does not include conduct of the nature referred to in section 3B (harassment);
“discriminate”, “discrimination” and other related expressions are to be construed in accordance with section 3A;
“duty to make reasonable adjustments” means a duty imposed by or under section 4A, 4B(5) or (6), 4E, 6B, 7B, 7D, 14, 14B, 14D or 16A(5);
“employer” includes a person who has no employees but is seeking to employ another person;
“harassment” is to be construed in accordance with section 3B;
“physical feature”, in relation to any premises, includes any of the following (whether permanent or temporary)—
1. a
  any feature arising from the design or construction of a building on the premises,
2. b
  any feature on the premises of any approach to, exit from or access to such a building,
3. c
  any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises,
4. d
  any other physical element or quality of any land comprised in the premises;
“provision, criterion or practice” includes any arrangements.

F2718EF38Premises provided otherwise than in course of a Part 2 relationship

1

This Part does not apply in relation to the provision, otherwise than in the course of a Part 2 relationship, of premises by the regulated party to the other party.

2

For the purposes of subsection (1)—

a

“Part 2 relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and

b

in relation to a Part 2 relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.

PART III Discrimination in Other Areas

i

the Higher Education Funding Council for Wales;

j

the Teacher Training Agency;

k

a voluntary organisation; or

l

a body of a prescribed kind.

In subsections (3), (4) and (8) “treatment” includes failure to comply with a section 21 duty.

facilitate the use by disabled persons of such a service,

it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to provide that auxiliary aid or service.

5

Regulations may make provision, for the purposes of this section—

a

as to circumstances in which it is reasonable for a provider of services to have to take steps of a prescribed description;

b

as to circumstances in which it is not reasonable for a provider of services to have to take steps of a prescribed description;

c

as to what is to be included within the meaning of “practice, policy or procedure”;

d

as to what is not to be included within the meaning of that expression;

e

as to things which are to be treated as physical features;

f

as to things which are not to be treated as such features;

g

as to things which are to be treated as auxiliary aids or services;

h

as to things which are not to be treated as auxiliary aids or services.

6

Nothing in this section requires a provider of services to take any steps which would fundamentally alter the nature of the service in question or the nature of his trade, profession or business.

7

Nothing in this section requires a provider of services to take any steps which would cause him to incur expenditure exceeding the prescribed maximum.

8

Regulations under subsection (7) may provide for the prescribed maximum to be calculated by reference to—

a

aggregate amounts of expenditure incurred in relation to different cases;

b

prescribed periods;

c

services of a prescribed description;

d

premises of a prescribed description; or

e

such other criteria as may be prescribed.

9

Regulations may provide, for the purposes of subsection (7), for expenditure incurred by one provider of services to be treated as incurred by another.

10

This section imposes duties only for the purpose of determining whether a provider of services has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

F39 E6021ZAApplication of sections 19 to 21 to transport vehicles

C591

It is unlawful for a provider of employment services, in relation to such services, to subject to harassment a disabled person—

a

to whom he is providing such services, or

b

who has requested him to provide such services;

and section 3B (meaning of “harassment”) applies for the purposes of this subsection as it applies for the purposes of Part 2.

3

In their application to employment services, the preceding provisions of this Part have effect as follows.

4

Section 19 has effect as if—

a

after subsection (1)(a), there were inserted the following paragraph—

aa
in failing to comply with a duty imposed on him by subsection (1) of section 21 in circumstances in which the effect of that failure is to place the disabled person at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of the service;

b

in subsection (1)(b), for “section 21” there were substituted “ subsection (2) or (4) of section 21 ”;

c

in subsection (2), for “sections 20 and 21” there were substituted “ sections 20, 21 and 21A ”.

5

Section 20 has effect as if—

a

after subsection (1), there were inserted the following subsection—

1A
For the purposes of section 19, a provider of services also discriminates against a disabled person if he fails to comply with a duty imposed on him by subsection (1) of section 21 in relation to the disabled person.

b

in subsection (2)(a), for “a section 21 duty imposed” there were substituted “ a duty imposed by subsection (2) or (4) of section 21 ”;

c

after subsection (3), there were inserted the following subsection—

3A
But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within section 3A(5).

6

Section 21 has effect as if—

a

in subsection (1), for “makes it impossible or unreasonably difficult for disabled persons to make use of” there were substituted “ places disabled persons at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of ”;

b

after subsection (1), there were inserted the following subsection—

1A
In subsection (1), “practice, policy or procedure” includes a provision or criterion.

F44Public authorities

Annotations:

Amendments (Textual)

F44

Ss. 21B-21E and cross-heading inserted (E.W.S.) (30.6.2005 for ss. 21D and 21E for the purpose only of exercising any power to make regulations, orders or rules of court and otherwise 4.12.2006 for all remaining purposes and for all inserted sections) by Disability Discrimination Act 2005 (c. 13), ss. {2}, 20(3)-(6); S.I. 2005/1676, art. 2(2)(a); S.I. 2005/2774, art. 4(a)

i

an act done for the purpose of enabling the decision to be made; or

ii

an act done for the purpose of securing that the proceedings are not continued.

5

Section 21B(1) does not apply to an act of a prescribed description.

21DMeaning of “discrimination” in section 21B

1

For the purposes of section 21B(1), a public authority discriminates against a disabled person if—

a

for a reason which relates to the disabled person’s disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and

b

it cannot show that the treatment in question is justified under subsection (3), (5) or (7)(c).

2

For the purposes of section 21B(1), a public authority also discriminates against a disabled person if—

a

it fails to comply with a duty imposed on it by section 21E in circumstances in which the effect of that failure is to make it—

i

impossible or unreasonably difficult for the disabled person to receive any benefit that is or may be conferred, or

ii

b

by the carrying-out of a function by a public authority.

7

It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority to have to take in order to provide that auxiliary aid or service.

8

Regulations may make provision, for purposes of this section—

a

as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a public authority to have to take steps of a prescribed description;

b

as to steps which it is always, or as to steps which it is never, reasonable for a public authority to have to take;

c

as to what is, or as to what is not, to be included within the meaning of “practice, policy or procedure”;

d

as to things which are, or as to things which are not, to be treated as physical features;

e

as to things which are, or as to things which are not, to be treated as auxiliary aids or services.

9

Nothing in this section requires a public authority to take any steps which, apart from this section, it has no power to take.

10

This section imposes duties only for the purposes of determining whether a public authority has, for the purposes of section 21B(1), discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

F45Private clubs etc.

Annotations:

Amendments (Textual)

F45

Ss. 21F-21J and cross-heading inserted (E.W.S.) (30.6.2005 for ss. 21G, 21 H for certain purposes, 10.10.2005 for s. 21F for certain purposes and 5.12.2005 for all provisions insofar as not already in force) by Disability Discrimination Act 2005 (c. 13), ss. 12, 20(3)-(6); S.I. 2005/1676, art. 2(2)(c); S.I. 2005/2774, arts. {2(a)}, {3(g)} and the same sections and cross-heading inserted (N.I.) (3.7.2006 for ss. 21G and 21 H for certain purposes, 9.11.2007 for s. 21F for certain purposes and 31.12.2007 for all provisions insofar as not already in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 13; S.R. 2006/289, art. 2(2)(b); S.R. 2007/466, art. 2(1)(2)(g)

by refusing or deliberately omitting to afford him access to a benefit, facility or service, or

c

by subjecting him to any other detriment,

in his capacity as a guest of the association.

5

It is unlawful for an association to which this section applies to discriminate against a disabled person—

a

in the terms on which it is prepared to invite him, or permit a member or associate to invite him, to be a guest of the association;

b

by refusing or deliberately omitting to invite him to be a guest of the association; or

c

by not permitting a member or associate to invite him to be a guest of the association.

6

It is unlawful for an association to which this section applies to discriminate against a disabled person in failing in prescribed circumstances to comply with a duty imposed on it under section 21H.

7

In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

in a case falling within section 21F(2)(a), the difference between—

i

the terms on which membership is offered to the disabled person, and

ii

those on which it is offered to other persons,

reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;

f

in a case falling within section 21F(3)(a), (c)(ii) or (d)(ii) or (4)(a), the difference between—

i

the association’s treatment of the disabled person, and

ii

its treatment of other members or (as the case may be) other associates or other guests of the association,

reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;

g

in a case falling within section 21F(5)(a), the difference between—

i

the terms on which the disabled person is invited, or permitted to be invited, to be a guest of the association, and

ii

those on which other persons are invited, or permitted to be invited, to be guests of the association,

reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service.

4

Any increase in the cost of affording a disabled person access to a benefit, facility or service which results from compliance with a duty under section 21H shall be disregarded for the purposes of subsection (3)(e), (f) and (g).

5

Regulations may—

a

make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for an association to hold the opinion mentioned in subsection (2)(a);

b

amend or omit a condition specified in subsection (3) or make provision for it not to apply in prescribed circumstances;

c

make provision as to circumstances (other than any for the time being mentioned in subsection (3)) in which treatment is to be taken to be justified for the purposes of subsection (1).

6

For the purposes of section 21F, an association also discriminates against a disabled person if—

a

it fails to comply with a duty under section 21H imposed on it in relation to the disabled person; and

b

it cannot show that its failure to comply with that duty is justified.

7

Regulations may make provision as to circumstances in which failure to comply with a duty under section 21H is to be taken to be justified for the purposes of subsection (6).

21HDuty to make adjustments

1

Regulations may make provision imposing on an association to which section 21F applies—

a

a duty to take steps for a purpose relating to a policy, practice or procedure of the association, or a physical feature, which adversely affects disabled persons who—

i

are, or might wish to become, members or associates of the association, or

ii

are, or are likely to become, guests of the association;

b

a duty to take steps for the purpose of making an auxiliary aid or service available to any such disabled persons.

2

Regulations under subsection (1) may (in particular)—

a

make provision as to the cases in which a duty is imposed;

b

make provision as to the steps which a duty requires to be taken;

c

make provision as to the purpose for which a duty requires steps to be taken.

3

Any duty imposed under this section is imposed only for the purpose of determining whether an association has, for the purposes of section 21F, discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

21J“Member”, “associate” and “guest”

“advertisement” includes every form of advertisement or notice, whether to the public or not;
“dispose”, in relation to premises, includes granting a right to occupy the premises, and, in relation to premises comprised in, or (in Scotland) the subject of, a tenancy, includes—
1. a
  assigning the tenancy, and
2. b
  sub-letting or parting with possession of the premises or any part of the premises;
and “disposal” shall be construed accordingly;
“estate agent” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises; and
“tenancy” means a tenancy created—
1. a
  by a lease or sub-lease,
2. b
  by an agreement for a lease or sub-lease,
3. c
  by a tenancy agreement, or
4. d
  in pursuance of any enactment.

7

In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

8

This section applies only in relation to premises in the United Kingdom.

F4122ACommonholds

1

It is unlawful for any person whose licence or consent is required for the disposal of an interest in a commonhold unit by the unit-holder to discriminate against a disabled person by withholding his licence or consent for the disposal of the interest in favour of, or to, the disabled person.

2

Where it is not possible for an interest in a commonhold unit to be disposed of by the unit-holder unless some other person is a party to the disposal of the interest, it is unlawful for that other person to discriminate against a disabled person by deliberately not being a party to the disposal of the interest in favour of, or to, the disabled person.

3

Regulations may provide for subsection (1) or (2) not to apply, or to apply only, in cases of a prescribed description.

4

Regulations may make provision, for purposes of this section—

a

as to what is, or as to what is not, to be included within the meaning of “dispose” (and “disposal”);

b

as to what is, or as to what is not, to be included within the meaning of “interest in a commonhold unit”.

5

In this section “commonhold unit”, and “unit-holder” in relation to such a unit, have the same meaning as in Part 1 of the Commonhold and Leasehold Reform Act 2002.

6

In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

7

This section applies only in relation to premises in England and Wales.

23 Exemption for small dwellings.

1

Where the conditions mentioned in subsection (2) are satisfied, subsection (1), (3) or (as the case may be) (4) of section 22 does not apply.

2

5

This section applies only in relation to premises in the United Kingdom.

F4224BExceptions to section 24A(1)

1

Section 24A(1) does not apply if—

a

the premises are, or have at any time been, the only or principal home of an individual who is a person by whom they are let; and

b

since entering into the letting—

i

the individual has not, and

ii

where he is not the sole person by whom the premises are let, no other person by whom they are let has,

used for the purpose of managing the premises the services of a person who, by profession or trade, manages let premises.

2

Section 24A(1) does not apply if the premises are of a prescribed description.

3

Where the conditions mentioned in section 23(2) are satisfied, section 24A(1) does not apply.

4

For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24A(1), a controller of the let premises, or a near relative of his; and “near relative” has here the same meaning as in section 23.

that it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy, procedure or term so as to stop it having that effect.

3

It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change the practice, policy, procedure or term so as to stop it having that effect (but see section 24E(1)).

F4224ESections 24C and 24D: supplementary and interpretation

1

For the purposes of sections 24C and 24D, it is never reasonable for a controller of let premises to have to take steps consisting of, or including, the removal or alteration of a physical feature.

2

Sections 24C and 24D impose duties only for the purpose of determining whether a person has, for the purposes of section 24A, discriminated against another; and accordingly a breach of any such duty is not actionable as such.

3

In sections 24C and 24D “relevant disabled person”, in relation to let premises, means a particular disabled person—

a

who is a person to whom the premises are let; or

b

who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.

4

For the purposes of sections 24C and 24D, the terms of a letting of premises include the terms of any agreement which relates to the letting of the premises.

F4224FLet premises: victimisation of persons to whom premises are let

1

Where a duty under section 24C or 24D is imposed on a controller of let premises by reference to a person who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises, it is unlawful for a controller of the let premises to discriminate against a person to whom the premises are let.

2

For the purposes of subsection (1), a controller of the let premises discriminates against a person to whom the premises are let if—

a

the controller treats that person (“T”) less favourably than he treats or would treat other persons whose circumstances are the same as T's; and

b

he does so because of costs incurred in connection with taking steps to avoid liability under section 24A(1) for failure to comply with the duty.

3

In comparing T’s circumstances with those of any other person for the purposes of subsection (2)(a), the following (as well as the costs' having been incurred) shall be disregarded—

a

the making of the request that gave rise to the imposition of the duty; and

b

the disability of each person who—

i

is a disabled person or a person who has had a disability, and

ii

is a person to whom the premises are let or, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.

F4224GPremises that are to let: discrimination in failing to comply with duty

1

Where—

a

a person has premises to let, and

b

b

premises shall be treated as to let by a person to another where a person proposes to grant another a contractual licence to occupy them;

and references to a person considering taking a letting of premises shall be construed accordingly.

5

This section applies only in relation to premises in the United Kingdom.

F4224HExceptions to section 24G(1)

1

Section 24G(1) does not apply in relation to premises that are to let if the premises are, or have at any time been, the only or principal home of an individual who is a person who has them to let and—

a

the individual does not use, and

b

where he is not the sole person who has the premises to let, no other person who has the premises to let uses,

the services of an estate agent (within the meaning given by section 22(6)) for the purposes of letting the premises.

2

Section 24G(1) does not apply if the premises are of a prescribed description.

3

Where the conditions mentioned in section 23(2) are satisfied, section 24G(1) does not apply.

4

For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24G(1), a controller of the premises that are to let, or a near relative of his; and “near relative” has here the same meaning as in section 23.

F4224JDuties for purposes of section 24G(2)

1

Subsection (2) applies where—

a

a controller of premises that are to let receives a request made by or on behalf of a relevant disabled person;

b

it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service;

c

the auxiliary aid or service—

i

would enable the relevant disabled person to become, or facilitate his becoming, a person to whom the premises are let, but

ii

would be of little or no practical use to him if he were not considering taking a letting of the premises; and

d

it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person to become a person to whom the premises are let.

2

It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for the controller to have to take in order to provide the auxiliary aid or service (but see subsection (5)).

3

Subsection (4) applies where—

a

a controller of premises that are to let has a practice, policy or procedure which has the effect of making it impossible, or unreasonably difficult, for a relevant disabled person to become a person to whom the premises are let;

b

the practice, policy or procedure would not have that effect if the relevant disabled person did not have a disability;

c

the controller receives a request made by or on behalf of the relevant disabled person; and

d

it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy or procedure so as to stop it having that effect.

4

It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change the practice, policy or procedure so as to stop it having that effect (but see subsection (5)).

5

For the purposes of this section, it is never reasonable for a controller of premises that are to let to have to take steps consisting of, or including, the removal or alteration of a physical feature.

6

In this section “relevant disabled person”, in relation to premises that are to let, means a particular disabled person who is considering taking a letting of the premises.

7

This section imposes duties only for the purpose of determining whether a person has, for the purposes of section 24G, discriminated against another; and accordingly a breach of any such duty is not actionable as such.

F4224KLet premises and premises that are to let: justification

c

make provision, for purposes of this section, as to circumstances (other than any for the time being mentioned in subsection (2)) in which a failure is to be taken to be justified.

F4224LSections 24 to 24K: power to make supplementary provision

1

Regulations may make provision, for purposes of sections 24(3A) and (3B) and 24A to 24K—

a

as to circumstances in which premises are to be treated as let to a person;

b

as to circumstances in which premises are to be treated as not let to a person;

c

as to circumstances in which premises are to be treated as being, or as not being, to let;

d

as to who is to be treated as being, or as to who is to be treated as not being, a person who, although not a person to whom let premises are let, is lawfully under the letting an occupier of the premises;

e

as to who is to be treated as being, or as to who is to be treated as not being, a person by whom premises are let;

f

as to who is to be treated as having, or as to who is to be treated as not having, premises to let;

g

as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises;

h

as to things which are, or as to things which are not, to be treated as auxiliary aids or services;

i

as to what is, or as to what is not, to be included within the meaning of “practice, policy or procedure”;

j

as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a person to have to take steps of a prescribed description;

k

as to steps which it is always, or as to steps which it is never, reasonable for a person to have to take;

l

as to circumstances in which it is, or as to circumstances in which it is not, reasonable to regard a request as being of a particular kind;

m

as to things which are, or as to things which are not, to be treated as physical features;

n

as to things which are, or as to things which are not, to be treated as alterations of physical features.

2

Regulations under subsection (1)(a) may (in particular) provide for premises to be treated as let to a person where they are a commonhold unit of which he is a unit-holder; and “commonhold unit”, and “unit-holder” in relation to such a unit, have here the same meaning as in Part 1 of the Commonhold and Leasehold Reform Act 2002.

3

The powers under subsections (1)(j) and (k) are subject to sections 24E(1) and 24J(5).

F4324MPremises provisions do not apply where other provisions operate

1

Sections 22 to 24L do not apply—

a

in relation to the provision of premises by a provider of services where he provides the premises in providing services to members of the public;

b

in relation to the provision, in the course of a Part 2 relationship, of premises by the regulated party to the other party;

c

in relation to the provision of premises to a student or prospective student—

i

by a responsible body within the meaning of Chapter 1 or 2 of Part 4, or

ii

by an authority in discharging any functions mentioned in section 28F(1); or

d

to anything which is unlawful under section 21F or which would be unlawful under that section but for the operation of any provision in or made under this Act.

2

Subsection (1)(a) has effect subject to any prescribed exceptions.

3

In subsection (1)(a) “provider of services”, and providing services, have the same meaning as in section 19.

4

For the purposes of subsection (1)(b)—

a

b

in relation to a Part 2 relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.

5

In subsection (1)(c) “student” includes pupil.

Enforcement, etc.

E5625 Enforcement, remedies and procedure.

1

A claim by any person that another person—

a

has discriminated against him in a way which is unlawful under this Part; or

b

is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way,

may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.

2

For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not they include compensation under any other head.

3

Proceedings in England and Wales shall be brought only in a county court.

4

Proceedings in Scotland shall be brought only in a sheriff court.

5

The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.

6

Part II of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

E5726 Validity and revision of certain agreements.

1

Any term in a contract for the provision of goods, facilities or services or in any other agreement is void so far as it purports to—

a

require a person to do anything which would contravene any provision of, or made under, this Part,

b

exclude or limit the operation of any provision of this Part, or

c

prevent any person from making a claim under this Part.

2

Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim to which section 25 applies.

3

On the application of any person interested in an agreement to which subsection (1) applies, a county court or a sheriff court may make such order as it thinks just for modifying the agreement to take account of the effect of subsection (1).

4

No such order shall be made unless all persons affected have been—

a

given notice of the application; and

b

afforded an opportunity to make representations to the court.

5

Subsection (4) applies subject to any rules of court providing for that notice to be dispensed with.

6

An order under subsection (3) may include provision as respects any period before the making of the order.

I9 C13 C1427 Alterations to premises occupied under leases.

1

This section applies where—

a

a provider of services (“the occupier”) occupies premises under a lease;

b

but for this section, he would not be entitled to make a particular alteration to the premises; and

c

the alteration is one which the occupier proposes to make in order to comply with a section 21 duty.

2

Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—

a

for the occupier to be entitled to make the alteration with the written consent of the lessor;

b

for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;

c

if such an application is made, for the lessor not to withhold his consent unreasonably; and

d

for the lessor to be entitled to make his consent subject to reasonable conditions.

3

In this section—

“lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and
“sub-lease” and “sub-tenancy” have such meaning as may be prescribed.

4

If the terms and conditions of a lease—

a

impose conditions which are to apply if the occupier alters the premises, or

b

entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,

the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.

5

Part II of Schedule 4 supplements the provisions of this section.

I56 E5528 Advice and assistance.

1

The Secretary of State may make arrangements for the provision of advice and assistance to persons with a view to promoting the settlement of disputes arising under this Part otherwise than by recourse to the courts.

2

Any person appointed by the Secretary of State in connection with arrangements made under subsection (1) shall have such duties as the Secretary of State may direct.

In section 8 (supplementary functions) add, at the end—

6
As soon as is reasonably practicable after the end of its financial year, each council shall make a written report to the Secretary of State on—
a
the progress made during the year to which the report relates in the provision of further education for disabled students in their area; and
b
their plans for the future provision of further education for disabled students in their area.
7
In subsection (6) above—
“disabled students” means students who are disabled persons for the purposes of the Disability Discrimination Act 1995; and
“financial year” means the period of twelve months ending with 31st March 1997 and each successive period of twelve months.

5

In section 62 (establishment of higher education funding councils), after subsection (7) insert—

7A
In exercising their functions, each council shall have regard to the requirements of disabled persons.
7B
In subsection (7A) “disabled persons” means persons who are disabled persons for the purposes of the Disability Discrimination Act 1995.

6

In section 65 (administration of funds by higher education funding councils), after subsection (4) insert—

4A
Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which a council makes grants, loans or other payments under this section to the governing body of a higher education institution shall require the governing body to publish disability statements at such intervals as may be specified.
4B
For the purposes of subsection (4A) above—
“disability statement” means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purposes of the M43Disability Discrimination Act 1995; and
“specified” means specified in the conditions subject to which grants, loans or other payments are made by a council under this section.

F1757

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1768

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1779

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E6931 Further and higher education of disabled persons: Scotland. 1992 c. 37.

1

The Further and Higher Education (Scotland) Act 1992 is amended as follows.

2

In section 37 (establishment of Scottish Higher Education Funding Council) after subsection (4) insert—

4A
In exercising their functions, the Council shall have regard to the requirements of disabled persons.
4B
In subsection (4A) above, “disabled persons” means persons who are disabled persons for the purpose of the Disability Discrimination Act 1995.

3

In section 40 (administration of funds by the Council), after subsection (4) insert—

5
Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which the Council make grants, loans or other payments under this section to the governing body of an institution within the higher education sector shall require the governing body to publish disability statements at such intervals as may be specified.
6
For the purposes of subsection (5) above—
“disability statement” means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purpose of the Disability Discrimination Act 1995; and
“specified” means specified in the conditions subject to which grants, loans or other payments are made by the Council under this section.

Part V Public Transport

Taxis

E7332 Taxi accessibility regulations.

1

vehicles used for the provision of services under a franchise agreement; or

b

the drivers of such vehicles.

3

Any regulations under subsection (2) may apply any taxi provision with such modifications as the F48authority making the regulations considers appropriate.

4

In this section—

F49appropriate national authority means—
1. a
  in relation to transport facilities in England and Wales, the Secretary of State, and
2. b
  in relation to transport facilities in Scotland, the Scottish Ministers (but see subsection (5));
“designated” means designated for the purposes of this section by an order made by the F47appropriate national authority;
“hire car” has such meaning as may be F50specified by regulations made by the appropriate national authority;
“operator”, in relation to a transport facility, means any person who is concerned with the management or operation of the facility;
“taxi provision” means any provision of—
1. a
  this Act, or
2. b
  regulations made in pursuance of section 20(2A) of the M1Civic Government (Scotland) Act 1982,
which applies in relation to taxis or the drivers of taxis; and
“transport facility” means any premises which form part of any port, airport, railway station or bus station.

F515

The Secretary of State may, for the purposes mentioned in section 2(2) of the European Communities Act 1972 (implementation of Community obligations etc. of the United Kingdom), exercise the powers conferred by this section on the Scottish Ministers.

C15 E7433 Designated transport facilities.

1

a

for members of the public using any part of the transport facility; and

b

which involve vehicles entering any part of that facility.

2

The Secretary of State may by regulations provide for the application of any taxi provision in relation to—

a

vehicles used for the provision of services under a franchise agreement; or

b

the drivers of such vehicles.

3

Any regulations under subsection (2) may apply any taxi provision with such modifications as the Secretary of State considers appropriate.

4

In this section—

“designated” means designated for the purposes of this section by an order made by the Secretary of State;
“hire car” has such meaning as may be prescribed;
“operator”, in relation to a transport facility, means any person who is concerned with the management or operation of the facility;
“taxi provision” means any provision of—
1. a
  this Act, or
2. b
  regulations made in pursuance of section 20(2A) of the M1Civic Government (Scotland) Act 1982,
which applies in relation to taxis or the drivers of taxis; and
“transport facility” means any premises which form part of any port, airport, railway station or bus station.

E7534 New licences conditional on compliance with taxi accessibility regulations.

1

No licensing authority shall grant a licence for a taxi to ply for hire unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.

2

Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.

3

The Secretary of State may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order.

4

Separate orders may be made under subsection (3) with respect to different areas or localities.

E7635 Exemption from taxi accessibility regulations.

1

In this section—

“carry” means carry in the taxi concerned; and
“the passenger” means the disabled person concerned.

the prescribed notice is exhibited on the private hire vehicle in the prescribed manner.

9

In this section—

“assistance dog” means a dog which—
1. a
  has been trained to guide a blind person;
2. b
  has been trained to assist a deaf person;
3. c
  has been trained by a prescribed charity to assist a disabled person who has a disability which—
  1. i
    consists of epilepsy; or
  2. ii
    otherwise affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects;
“driver” means a person who holds a licence granted under—
1. a
  section 13 of the Private Hire Vehicles (London) Act 1998 (c. 34) (“the 1998 Act”);
2. b
  section 51 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (“the 1976 Act”); or
3. c
  an equivalent provision of a local enactment;
“licensing authority”, in relation to any area of England and Wales, means the authority responsible for licensing private hire vehicles in that area;
“operator” means a person who holds a licence granted under—
1. a
  section 3 of the 1998 Act;
2. b
  section 55 of the 1976 Act; or
3. c
  an equivalent provision of a local enactment;
“private hire vehicle” means a vehicle licensed under—
1. a
  section 6 of the 1998 Act;
2. b
  section 48 of the 1976 Act; or
3. c
  an equivalent provision of a local enactment.

E80 I6538 Appeal against refusal of exemption certificate.

1

Any person who is aggrieved by the refusal of a licensing authority to issue an exemption certificate under section 36 or 37 may appeal to the appropriate court before the end of the period of 28 days beginning with the date of the refusal.

2

On an appeal to it under this section, the court may direct the licensing authority concerned to issue the appropriate certificate of exemption to have effect for such period as may be specified in the direction.

3

“Appropriate court” means the magistrates’ court for the petty sessions area in which the licensing authority has its principal office.

E78 I6439 Requirements as to disabled passengers in Scotland.

1

Part II of the M48Civic Government (Scotland) Act 1982 (licensing and regulation) is amended as follows.

2

In subsection (4) of section 10 (suitability of vehicle for use as taxi)—

a

after “authority” insert “ — (a) ”; and

b

at the end add

; and
b
as not being so suitable if it does not so comply.

3

In section 20 (regulations relating to taxis etc.) after subsection (2) insert—

2A
Without prejudice to the generality of subsections (1) and (2) above, regulations under those subsections may make such provision as appears to the Secretary of State to be necessary or expedient in relation to the carrying in taxis of disabled persons (within the meaning of section 1(2) of the M49Disability Discrimination Act 1995) and such provision may in particular prescribe—
a
requirements as to the carriage of wheelchairs, guide dogs, hearing dogs and other categories of dog;
b
a date from which any such provision is to apply and the extent to which it is to apply; and
c
the circumstances in which an exemption from such provision may be granted in respect of any taxi or taxi driver,
and in this subsection—
“guide dog” means a dog which has been trained to guide a blind person;
“hearing dog” means a dog which has been trained to assist a deaf person; and
“other categories of dog” means such other categories of dog as the Secretary of State may prescribe, trained to assist disabled persons who have disabilities of such kinds as he may prescribe.

b

uses on a road a regulated public service vehicle which does not conform with any provision of the regulations with which it is required to conform, or

c

causes or permits to be used on a road such a regulated public service vehicle,

is guilty of an offence.

4

A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

5

In this section—

“public service vehicle” means a vehicle which is—
1. a
  adapted to carry more than eight passengers; and
2. b
  a public service vehicle for the purposes of the M2Public Passenger Vehicles Act 1981;
“regulated public service vehicle” means any public service vehicle to which the PSV accessibility regulations are expressed to apply.

6

Different provision may be made in regulations under this section—

a

as respects different classes or descriptions of vehicle;

b

as respects the same class or description of vehicle in different circumstances.

7

Before making any regulations under this section or section 41 or 42 the Secretary of State shall consult the Disabled Persons Transport Advisory Committee and such other representative organisations as he thinks fit.

I12 E8241 Accessibility certificates.

1

A regulated public service vehicle shall not be used on a road unless—

a

a vehicle examiner has issued a certificate (an “accessibility certificate”) that such provisions of the PSV accessibility regulations as may be prescribed are satisfied in respect of the vehicle; or

b

an approval certificate has been issued under section 42 in respect of the vehicle.

2

The Secretary of State may make regulations—

a

with respect to applications for, and the issue of, accessibility certificates;

b

providing for the examination of vehicles in respect of which applications have been made;

c

with respect to the issue of copies of accessibility certificates in place of certificates which have been lost or destroyed.

3

If a regulated public service vehicle is used in contravention of this section, the operator of the vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

4

In this section “operator” has the same meaning as in the M3Public Passenger Vehicles Act 1981.

I13 E8342 Approval certificates.

1

Where the Secretary of State is satisfied that such provisions of the PSV accessibility regulations as may be prescribed for the purposes of section 41 are satisfied in respect of a particular vehicle he may approve the vehicle for the purposes of this section.

2

A vehicle which has been so approved is referred to in this section as a “type vehicle”.

3

Subsection (4) applies where a declaration in the prescribed form has been made by an authorised person that a particular vehicle conforms in design, construction and equipment with a type vehicle.

4

A vehicle examiner may, after examining (if he thinks fit) the vehicle to which the declaration applies, issue a certificate in the prescribed form (“an approval certificate”) that it conforms to the type vehicle.

5

The Secretary of State may make regulations—

a

with respect to applications for, and grants of, approval under subsection (1);

b

with respect to applications for, and the issue of, approval certificates;

c

providing for the examination of vehicles in respect of which applications have been made;

d

with respect to the issue of copies of approval certificates in place of certificates which have been lost or destroyed.

6

The Secretary of State may at any time withdraw his approval of a type vehicle.

7

Where an approval is withdrawn—

a

no further approval certificates shall be issued by reference to the type vehicle; but

b

any approval certificate issued by reference to the type vehicle before the withdrawal shall continue to have effect for the purposes of section 41.

8

In subsection (3) “authorised person” means a person authorised by the Secretary of State for the purposes of that subsection.

I14 E8443 Special authorisations.

1

The Secretary of State may by order authorise the use on roads of—

a

any regulated public service vehicle of a class or description specified by the order, or

b

any regulated public service vehicle which is so specified,

and nothing in section 40, 41 or 42 prevents the use of any vehicle in accordance with the order.

2

Any such authorisation may be given subject to such restrictions and conditions as may be specified by or under the order.

3

The Secretary of State may by order make provision for the purpose of securing that, subject to such restrictions and conditions as may be specified by or under the order, provisions of the PSV accessibility regulations apply to regulated public service vehicles of a description specified by the order subject to such modifications or exceptions as may be specified by the order.

give such directions as he thinks fit to the vehicle examiner for giving effect to his decision.

I16 E8645 Fees.

6

In this section—

“network” means any permanent way or other means of guiding or supporting rail vehicles or any section of it;
“operator”, in relation to any rail vehicle, means the person having the management of that vehicle;
“rail vehicle” means a vehicle—
1. a
  constructed or adapted to carry passengers on any railway, tramway or prescribed system; and
2. b
  first brought into use, or belonging to a class of vehicle first brought into use, after 31st December 1998;
“regulated rail vehicle” means any rail vehicle to which the rail vehicle accessibility regulations are expressed to apply; and
“wheelchair accommodation” has such meaning as may be prescribed.

7

In subsection (6)—

“prescribed system” means a system using a prescribed mode of guided transport “guided transport” having the same meaning as in the M44Transport and Works Act 1992); and
“railway” and “tramway” have the same meaning as in that Act.

8

The Secretary of State may by regulations make provision as to the time when a rail vehicle, or a class of rail vehicle, is to be treated, for the purposes of this section, as first brought into use.

9

Regulations under subsection (8) may include provision for disregarding periods of testing and other prescribed periods of use.

10

For the purposes of this section and section 47, a person uses a vehicle for carriage if he uses it for the carriage of members of the public for hire or reward at separate fares.

11

Before making any regulations under subsection (1) or section 47 the Secretary of State shall consult the Disabled Persons Transport Advisory Committee and such other representative organisations as he thinks fit.

C17 E7147 Exemption from rail vehicle accessibility regulations.

1

The Secretary of State may by order (an “exemption order”) authorise the use for carriage of any regulated rail vehicle of a specified description, or in specified circumstances, even though that vehicle does not conform with the provisions of the rail vehicle accessibility regulations with which it is required to conform.

2

Regulations may make provision with respect to exemption orders including, in particular, provision as to—

a

the persons by whom applications for exemption orders may be made;

b

the form in which such applications are to be made;

c

information to be supplied in connection with such applications;

d

the period for which exemption orders are to continue in force;

e

the revocation of exemption orders.

3

a

make an exemption order in the terms of the application;

b

make an exemption order in such other terms as he considers appropriate;

c

refuse to make an exemption order.

4

An exemption order may be made subject to such restrictions and conditions as may be specified.

5

In this section “specified” means specified in an exemption order.

in doing so, consider any representations made to him in writing, before the end of the prescribed period, by the applicant.

47BRail vehicle accessibility compliance certificates: supplementary

1

Regulations may make provision with respect to rail vehicle accessibility compliance certificates.

2

The provision that may be made under subsection (1) includes (in particular)—

a

provision for certificates to be issued on application;

b

provision specifying conditions to which certificates are subject;

c

provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force;

d

provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject;

e

provision for the withdrawal of certificates issued in error;

f

provision for the correction of errors in certificates;

g

provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed;

h

provision for the examination of a rail vehicle before a certificate is issued in respect of it.

3

In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—

a

make provision as to the persons by whom applications may be made;

b

make provision as to the form in which applications are to be made;

c

make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment.

4

For the purposes of this section, a “compliance assessment” is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

5

In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and may (in particular) require that the assessment be one carried out by a person who has been appointed by the Secretary of State to carry out compliance assessments (an “appointed assessor”).

6

For the purposes of any provisions in regulations under subsection (1) with respect to the supply of reports of compliance assessments carried out by appointed assessors, regulations under that subsection—

a

may make provision about appointments of appointed assessors, including (in particular)—

i

provision for an appointment to be on application or otherwise than on application;

ii

provision as to who may be appointed;

iii

provision as to the form of applications for appointment;

iv

provision as to information to be supplied with applications for appointment;

v

provision as to terms and conditions, or the period or termination, of an appointment; and

vi

provision for terms and conditions of an appointment, including any as to its period or termination, to be as agreed by the Secretary of State when making the appointment;

b

may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its carrying-out of a compliance assessment, including (in particular)—

i

provision restricting the amount of a fee;

ii

provision authorising fees that contain a profit element; and

iii

provision for advance payment of fees;

c

may make provision requiring an appointed assessor to carry out a compliance assessment, and to do so in accordance with any procedures that may be prescribed, if prescribed conditions, which may include conditions as to the payment of fees to the assessor, are satisfied;

d

shall make provision for the referral to the Secretary of State of disputes between—

i

an appointed assessor carrying out a compliance assessment, and

ii

the person who requested the assessment,

relating to which provisions of rail vehicle accessibility regulations the vehicle is to be assessed against or to what amounts to conformity with any of those provisions.

7

In subsection (6)(b) to (d) “compliance assessment” includes pre-assessment activities (for example, a consideration of how the outcome of a compliance assessment would be affected by the carrying-out of particular proposed work).

47CRail vehicle accessibility compliance certificates: fees

1

Such fees, payable at such times, as may be prescribed may be charged by the Secretary of State in respect of—

a

applications for, and the issue of, rail vehicle accessibility compliance certificates;

b

copies of such certificates;

c

reviews under section 47A;

d

referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1).

2

Any such fees received by the Secretary of State shall be paid by him into the Consolidated Fund.

3

Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed.

4

Before making any regulations under subsection (1) the Secretary of State shall consult such representative organisations as he thinks fit.

47DPenalty for using rail vehicle without accessibility compliance certificate

If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Secretary of State may require the operator of the vehicle to pay a penalty.

7

For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.

47GSections 47E and 47F: inspection of rail vehicles

1

Where the Secretary of State has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by the Secretary of State—

a

may inspect the vehicle for conformity with the provisions;

b

for the purpose of exercising his power under paragraph (a)—

i

may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and

ii

may enter the vehicle; and

c

for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised.

2

Where the Secretary of State has given a notice under section 47E(1) or (4), a person authorised by the Secretary of State—

a

In this section “inspect” includes test.

47HSections 47E and 47F: supplementary powers

1

when considering under section 47K(6) a notice of objection under section 47K(4).

47KPenalties under sections 47D to 47H: procedure

1

In this section “penalty” means a penalty under any of sections 47D to 47H.

2

If the Secretary of State decides that a person is liable to a penalty, the Secretary of State must notify the person of the decision.

3

A notification under subsection (2) must—

a

state the Secretary of State’s reasons for deciding that the person is liable to the penalty;

b

state the amount of the penalty;

c

specify the date before which, and the manner in which, the penalty must be paid; and

d

include an explanation of the steps that the person may take if he objects to the penalty.

4

Where a person to whom a notification under subsection (2) is issued objects on the ground that—

a

he is not liable to the imposition of a penalty, or

b

Where the sheriff has made a determination under subsection (2), any party to the proceedings may appeal on a point of law, either to the Sheriff Principal or to the Court of Session, against that determination.

47MSections 46 to 47H: interpretation

1

In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle.

2

For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.

3

Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle’s case, include that provision.

Supplemental

I17 E7248 Offences by bodies corporate etc.

1

Where an offence under section 40 or 46 committed by a body corporate is committed with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, he as well as the body corporate is guilty of the offence.

2

In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

3

Where, in Scotland, an offence under section 40 or 46 committed by a partnership or by an unincorporated association other than a partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a partner in the partnership or (as the case may be) a person concerned in the management or control of the association, he, as well as the partnership or association, is guilty of the offence.

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

4

A person who knowingly makes a false statement for the purpose of obtaining an accessibility certificate or an approval certificate is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

F63Part 5APublic authorities

Annotations:

Amendments (Textual)

F63

Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 3, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I. 2005/2774, arts. 3(b), 4(a)

49AGeneral duty

1

Every public authority shall in carrying out its functions have due regard to—

a

the need to eliminate discrimination that is unlawful under this Act;

b

the need to eliminate harassment of disabled persons that is related to their disabilities;

c

the need to promote equality of opportunity between disabled persons and other persons;

d

the need to take steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons;

e

the need to promote positive attitudes towards disabled persons; and

f

the need to encourage participation by disabled persons in public life.

2

Subsection (1) is without prejudice to any obligation of a public authority to comply with any other provision of this Act.

49BMeaning of “public authority” in Part 5A

1

In this Part “public authority”—

a

includes any person certain of whose functions are functions of a public nature; but

b

does not include—

i

any person mentioned in section 21B(3);

ii

the Scottish Parliament; or

iii

a person, other than the Scottish Parliamentary Corporate Body, exercising functions in connection with proceedings in the Scottish Parliament.

2

In relation to a particular act, a person is not a public authority by virtue only of subsection (1)(a) if the nature of the act is private.

3

Regulations may provide for a person of a prescribed description to be treated as not being a public authority for the purposes of this Part.

49CExceptions from section 49A(1)

1

Section 49A(1) does not apply to—

a

a judicial act (whether done by a court, tribunal or other person); or

b

an act done on the instructions, or on behalf, of a person acting in a judicial capacity.

2

Section 49A(1) does not apply to any act of, or relating to, making or approving an Act of Parliament, an Act of the Scottish Parliament or an Order in Council.

3

Section 49A(1)(c) and (d) do not apply to—

a

an act done in connection with recruitment to any of the naval, military or air forces of the Crown; or

b

an act done in relation to a person in connection with service by him as a member of any of those forces.

4

Regulations may provide for section 49A(1)(a), (b), (c) or (d) not to apply to an act of a prescribed description.

49DPower to impose specific duties

1

The Secretary of State may by regulations impose on a public authority, other than a relevant Scottish authority or a cross-border authority, such duties as the Secretary of State considers appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1).

2

The Secretary of State may by regulations impose on a cross-border authority such duties as the Secretary of State considers appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1) so far as relating to such of its functions as are not Scottish functions.

3

The Scottish Ministers may by regulations impose on a relevant Scottish authority such duties as the Scottish Ministers consider appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1).

4

The Scottish Ministers may by regulations impose on a cross-border authority such duties as the Scottish Ministers consider appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1) so far as relating to its Scottish functions.

5

Before making regulations under any of subsections (1) to (4), the person making the regulations shall consult the Disability Rights Commission.

6

Before making regulations under subsection (1) or (2) in relation to functions exercisable in relation to Wales by a public authority that is not a relevant Welsh authority, the Secretary of State shall consult the National Assembly for Wales.

7

The Secretary of State shall not make regulations under subsection (1) or (2) in relation to a relevant Welsh authority except with the consent of the National Assembly for Wales.

8

Before making regulations under subsection (2), the Secretary of State shall consult the Scottish Ministers.

9

Before making regulations under subsection (4), the Scottish Ministers shall consult the Secretary of State.

10

In this section—

“relevant Scottish authority” means—
1. a
  a member of the Scottish executive or a junior Scottish Minister;
2. b
  the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland or the Keeper of the Records of Scotland;
3. c
  any office of a description specified in an Order in Council under section 126(8)(b) of the Scotland Act 1998 (other non-ministerial office in the Scottish Administration); or
4. d
  a public body, public office or holder of a public office—
  1. i
    which (or who) is not a cross-border authority or the Scottish Parliamentary Corporate Body;
  2. ii
    whose functions are exercisable only in or as regards Scotland; and
  3. iii
    some at least of whose functions do not (within the meaning of the Scotland Act 1998) relate to reserved matters;
“cross-border authority” means a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998;
“Scottish functions” means functions which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters;
“relevant Welsh authority” means—
1. a
  the National Assembly for Wales; or
2. b
  a public authority whose functions are exercisable only in relation to Wales.

49EDuties under section 49D: compliance notices

1

Where the Disability Rights Commission is satisfied that a public authority has failed to comply with, or is failing to comply with, a duty imposed on it by regulations under section 49D, the Commission may serve a notice on it.

2

The following provisions of this section apply to a notice served on an authority under subsection (1).

3

The notice shall require the authority—

a

to comply with the duty concerned; and

b

to furnish the Commission, by the end of the period of 28 days beginning with the day on which the notice is served, with details of the steps that it has taken, or is taking, to comply with the duty.

4

The notice may also require the authority to furnish the Commission with other information specified in the notice if the Commission reasonably requires the information in order to verify that the duty has been complied with.

5

The notice shall specify the time by which the authority is to furnish information which it is required to furnish under subsection (4).

6

A time specified under subsection (5) shall not be later than the end of the three months beginning with the day on which the notice is served.

7

b

the notice required the authority to comply with a duty imposed on it by regulations under section 49D, and

c

the Commission considers that the authority has not complied with the duty,

the Commission may apply to a county court or, in Scotland, the sheriff for an order requiring the authority to comply with the duty.

4

If on an application under subsection (3) the court is satisfied—

a

that the conditions specified in paragraphs (a) and (b) of that subsection are met, and

b

that the authority has not complied with the duty,

the court may grant the order in the terms applied for or in more limited terms.

5

The sanctions in section 49E and this section shall be the only sanctions for breach of any duty imposed by regulations under section 49D, but without prejudice to the enforcement of any other provision of this Act (where the breach is also a contravention of that provision).

F64Part 5BImprovements to dwelling houses

Annotations:

Amendments (Textual)

F64

Pt. 5B (ss. 49G, 49H) inserted (E.W.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 16(1), 20(3)-(6), S.I 2005/2774, {art. 4(d)}

49GImprovements to let dwelling houses

1

This section applies in relation to a lease of a dwelling house if—

a

the tenancy is not a protected tenancy, a statutory tenancy or a secure tenancy,

b

the tenant or any other person who lawfully occupies or is intended lawfully to occupy the premises is a disabled person,

c

the person mentioned in paragraph (b) occupies or is intended to occupy the premises as his only or principal home,

d

the tenant is entitled under the lease to make improvements to the premises with the consent of the landlord, and

e

the tenant applies to the landlord for his consent to make a relevant improvement.

2

If the consent of the landlord is unreasonably withheld it must be taken to have been given.

3

Where the tenant applies in writing for the consent—

a

if the landlord refuses to give consent, he must give the tenant a written statement of the reason why the consent was withheld;

b

if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been withheld.

4

If the landlord gives consent to the making of an improvement subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.

5

In any question as to whether—

a

the consent of the landlord was unreasonably withheld, or

b

a condition imposed by the landlord is unreasonable,

it is for the landlord to show that it was not.

6

If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of his tenancy.

7

An improvement to premises is a relevant improvement if, having regard to the disability which the disabled person mentioned in subsection (1)(b) has, it is likely to facilitate his enjoyment of the premises.

8

Subsections (2) to (6) apply to a lease only to the extent that provision of a like nature is not made by the lease.

9

In this section—

“improvement” means any alteration in or addition to premises and includes—
1. a
  any addition to or alteration in landlord’s fittings and fixtures,
2. b
  any addition or alteration connected with the provision of services to the premises,
3. c
  the erection of a wireless or television aerial, and
4. d
  the carrying out of external decoration;
“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant” must be construed accordingly;
“protected tenancy” has the same meaning as in section 1 of the Rent Act 1977;
“statutory tenancy” must be construed in accordance with section 2 of that Act;
“secure tenancy” has the same meaning as in section 79 of the Housing Act 1985.

49HConciliation of disputes

It shall be the duty of the Council, when asked to do so by the Secretary of State—

a

to prepare proposals for a code of practice dealing with the matters to which the Secretary of State’s request relates; or

b

to review a code and, if it considers it appropriate, propose alterations.

2

The Secretary of State may, in accordance with the procedural provisions of section 52, issue codes of practice in response to proposals made by the Council under this section.

3

A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.

4

A code is admissible in evidence in any proceedings under this Act before an F132employment tribunal, a county court or a sheriff court.

5

If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.

6

In this section and section 52 “code” means a code issued by the Secretary of State under this section and includes a code which has been altered and re-issued.

E28 I4451 Codes of practice prepared by the Council.

1

It shall be the duty of the Council, when asked to do so by the Secretary of State—

a

to prepare proposals for a code of practice dealing with the matters to which the Secretary of State’s request relates; or

b

to review a code and, if it considers it appropriate, propose alterations.

2

The Secretary of State may, in accordance with the procedural provisions of section 52, issue codes of practice in response to proposals made by the Council under this section.

3

A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.

4

A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, a county court or a sheriff court.

5

If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.

6

In this section and section 52 “code” means a code issued by the Secretary of State under this section and includes a code which has been altered and re-issued.

if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

b

in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

Part VII Supplemental

53AF172 Codes of practice.

1

The Disability Rights Commission 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 apply on how to avoid discrimination or on any other matter relating to the operation of those provisions in relation to them; or

b

to any persons 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

9

In this section—

“code of practice” means a code of practice under this section;
“discrimination” means anything which is unlawful discrimination for the purposes of any provision of Part II or Part III; and
“40 day period” has the same meaning in relation to a draft code of practice as it has in section 3 in relation to draft guidance.

C1854AF55 Codes of practice.

1

The Commission may prepare and issue codes of practice giving practical guidance—

a

b

to any persons 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 regarding the treatment of such persons,

in any field of activity regulated by any provision of Part II or Part III.

2

The Commission shall, when requested to do so by the Office, prepare a code of practice dealing with the matters specified in the request.

9

In this section—

“code of practice” means a code of practice under this section;
“the Commission” means the Equality Commission for Northern Ireland;
“discrimination” means anything which is unlawful discrimination for the purposes of any provision of Part II or Part III;
“the Office” means the Office of the First Minister and deputy First Minister; and
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

E63 I5953 Codes of practice prepared by the Secretary of State.

1

The Secretary of State may issue codes of practice containing such practical guidance as he considers appropriate with a view to—

a

eliminating discrimination in the field of employment against disabled persons and persons who have had a disability; or

b

encouraging good practice in relation to the employment of disabled persons and persons who have had a disability.

2

The Secretary of State may from time to time revise the whole or any part of a code and re-issue it.

3

Without prejudice to subsection (1), a code may include practical guidance as to—

a

the circumstances in which it would be reasonable, having regard in particular to the costs involved, for a person to be expected to make adjustments in favour of a disabled person or a person who has had a disability; or

b

what steps it is reasonably practicable for employers to take for the purpose of preventing their employees from doing, in the course of their employment, anything which is made unlawful by this Act.

4

A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.

5

A code is admissible in evidence in any proceedings under this Act before an F170employment tribunal, a county court or a sheriff court.

6

If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.

7

In this section and section 54 “code” means a code issued by the Secretary of State under this section and includes a code which has been revised and re-issued.

8

In subsection (1)(a), “discrimination in the field of employment” includes discrimination of a kind mentioned in section 12 or 13.

9

In subsections (1)(b) and (3), “employment” includes contract work (as defined by section 12(6)).

E62 I5853 Codes of practice prepared by the Secretary of State.

1

The Secretary of State may issue codes of practice containing such practical guidance as he considers appropriate with a view to—

a

eliminating discrimination in the field of employment against disabled persons and persons who have had a disability; or

b

encouraging good practice in relation to the employment of disabled persons and persons who have had a disability.

2

The Secretary of State may from time to time revise the whole or any part of a code and re-issue it.

3

Without prejudice to subsection (1), a code may include practical guidance as to—

a

b

what steps it is reasonably practicable for employers to take for the purpose of preventing their employees from doing, in the course of their employment, anything which is made unlawful by this Act.

4

A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.

5

A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, a county court or a sheriff court.

6

If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.

7

In this section and section 54 “code” means a code issued by the Secretary of State under this section and includes a code which has been revised and re-issued.

8

In subsection (1)(a), “discrimination in the field of employment” includes discrimination of a kind mentioned in section 12 or 13.

9

In subsections (1)(b) and (3), “employment” includes contract work (as defined by section 12(6)).

I60 E6454 Further provision about codes issued under section 53.

1

In preparing a draft of any code under section 53, the Secretary of State shall consult such organisations representing the interests of employers or of disabled persons in, or seeking, employment as he considers appropriate.

2

Where the Secretary of State proposes to issue a code, he shall publish a draft of it, consider any representations that are made to him about the draft and, if he thinks it appropriate, modify his proposals in the light of any of those representations.

3

If the Secretary of State decides to proceed with a proposed code, he shall lay a draft of it before each House of Parliament.

4

If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed code.

5

If no such resolution is made within the 40-day period, the Secretary of State shall issue the code in the form of his draft.

6

The code shall come into force on such date as the Secretary of State may appoint by order.

7

Subsection (4) does not prevent a new draft of the proposed code from being laid before Parliament.

8

The Secretary of State may by order revoke a code.

9

In this section “40-day period”, in relation to the draft of a proposed code, means—

a

if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

b

in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

C6355 Victimisation.

1

For the purposes of Part II or Part III, a person (“A”) discriminates against another person (“B”) if—

a

he treats B less favourably than he treats or would treat other persons whose circumstances are the same as B’s; and

b

he does so for a reason mentioned in subsection (2).

2

The reasons are that—

a

B has—

i

brought proceedings against A or any other person under this Act; or

ii

given evidence or information in connection with such proceedings brought by any person; or

iii

otherwise done anything under this Act in relation to A or any other person; or

iv

alleged that A or any other person has (whether or not the allegation so states) contravened this Act; or

b

A believes or suspects that B has done or intends to do any of those things.

3

Where B is a disabled person, or a person who has had a disability, the disability in question shall be disregarded in comparing his circumstances with those of any other person for the purposes of subsection (1)(a).

4

Subsection (1) does not apply to treatment of a person because of an allegation made by him if the allegation was false and not made in good faith.

if it appears to the tribunal in any such proceedings—

i

that the respondent deliberately, and without reasonable excuse, omitted to reply within a reasonable period, or

ii

that the respondent’s reply is evasive or equivocal,

it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent has contravened a provision of Part II.

4

it is reasonable for him to rely on the statement.

4

A person who knowingly or recklessly makes such a statement which is false or misleading in a material respect is guilty of an offence.

5

Any person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

C65 C66 C67 C1958 Liability of employers and principals.

1

Anything done by a person in the course of his employment shall be treated for the purposes of this Act as also done by his employer, whether or not it was done with the employer’s knowledge or approval.

2

Anything done by a person as agent for another person with the authority of that other person shall be treated for the purposes of this Act as also done by that other person.

3

c

to take steps to keep secret all or part of the reasons for the court's decision in the proceedings.

2

The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, proceedings from which the claimant or his representatives are excluded by virtue of subsection (1).

3

A person may be appointed under subsection (2) only—

a

in relation to proceedings in England and Wales, if he has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)), or

b

in relation to proceedings in Scotland, if he is—

i

an advocate, or

ii

qualified to practice as a solicitor in Scotland.

4

A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.

Part VIII Miscellaneous

60E23 Appointment by Secretary of State of advisers.

1

The Secretary of State may appoint such persons as he thinks fit to advise or assist him in connection with matters relating to the employment of disabled persons and persons who have had a disability.

2

Persons may be appointed by the Secretary of State to act generally or in relation to a particular area or locality.

3

The Secretary of State may pay to any person appointed under this section such allowances and compensation for loss of earnings as he considers appropriate.

4

The approval of the Treasury is required for any payment under this section.

5

In subsection (1) “employment” includes self-employment.

6

The Secretary of State may by order—

a

provide for section 17 of, and Schedule 2 to, the M4Disabled Persons (Employment) Act 1944 (national advisory council and district advisory committees) to cease to have effect—

i

so far as concerns the national advisory council; or

ii

so far as concerns district advisory committees; or

b

repeal that section and Schedule.

7

At any time before the coming into force of an order under paragraph (b) of subsection (6), section 17 of the Act of 1944 shall have effect as if in subsection (1), after “disabled persons” in each case there were inserted “, and persons who have had a disability,” and as if at the end of the section there were added—

3
For the purposes of this section—
a
a person is a disabled person if he is a disabled person for the purposes of the M5Disability Discrimination Act 1995; and
b
“disability” has the same meaning as in that Act.

8

At any time before the coming into force of an order under paragraph (a)(i) or (b) of subsection (6), section 16 of the M6Chronically Sick and Disabled Persons Act 1970 (which extends the functions of the national advisory council) shall have effect as if after “disabled persons” in each case there were inserted “ , and persons who have had a disability, ” and as if at the end of the section there were added—

2
For the purposes of this section—
a
a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and
b
“disability” has the same meaning as in that Act.

I20 E2461 Amendment of Disabled Persons (Employment) Act 1944.

1

Section 15 of the M7Disabled Persons (Employment) Act 1944 (which gives the Secretary of State power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5).

2

In subsection (1)—

a

for “persons registered as handicapped by disablement” substitute “ disabled persons ”;

b

for “their disablement” substitute “ their disability ”; and

c

for “are not subject to disablement” substitute “ do not have a disability ”.

3

In subsection (2), for the words from “any of one or more companies” to “so required and prohibited” substitute “ any company, association or body ”.

4

After subsection (2) insert—

2A
The only kind of company which the Minister himself may form in exercising his powers under this section is a company which is—
a
required by its constitution to apply its profits, if any, or other income in promoting its objects; and
b
prohibited by its constitution from paying any dividend to its members.

5

After subsection (5) insert—

5A
For the purposes of this section—
a
a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and
b
“disability” has the same meaning as in that Act.

6

The provisions of section 16 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert—

and whose disability is due to that service.
2
For the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.

7

The following provisions of the Act of 1944 shall cease to have effect—

a

section 1 (definition of “disabled person”);

b

sections 6 to 8 (the register of disabled persons);

c

sections 9 to 11 (obligations on employers with substantial staffs to employ a quota of registered persons);

d

section 12 (the designated employment scheme for persons registered as handicapped by disablement);

e

section 13 (interpretation of provisions repealed by this Act);

f

section 14 (records to be kept by employers);

g

section 19 (proceedings in relation to offences); and

h

section 21 (application as respects place of employment, and nationality).

8

Any provision of subordinate legislation in which “disabled person” is defined by reference to the Act of 1944 shall be construed as if that expression had the same meaning as in this Act.

9

Subsection (8) does not prevent the further amendment of any such provision by subordinate legislation.

F5762. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E1163 Restriction of publicity: Employment Appeal Tribunal.

F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E2564 Application to Crown etc.

1

This Act applies—

a

to an act done by or for purposes of a Minister of the Crown or government department, or

b

to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,

as it applies to an act done by a private person.

2

Subject to subsection (5), Part II applies to service—

a

for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, or

b

on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body,

as it applies to employment by a private person.

3

The provisions of Parts II to IV of the 1947 Act apply to proceedings against the Crown under this Act as they apply to Crown proceedings in England and Wales; but section 20 of that Act (removal of proceedings from county court to High Court) does not apply.

4

in the case of a vacancy in that office, against the person for the time being performing the functions of that office;

and references in subsection (3) to the chief officer of police shall be construed accordingly.

5

A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—

a

any compensation, costs or expenses awarded in proceedings under Part 2 of this Act against a person under the direction and control of the chief officer of police;

b

any costs or expenses incurred and not recovered by such a person in such proceedings; and

c

any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

6

Subsections (1) and (2) apply to a police cadet and appointment as a police cadet as they apply to a constable and the office of constable.

7

Subject to subsection (8), in this section—

“chief officer of police”—
1. a
  in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act 1996 F126,
2. b
  in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997 F127 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad,
3. c
  in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967 F128, means the chief constable of the relevant police force,
4. d
  in relation to any other person or appointment means the officer or other person who has the direction and control of the body of constables or cadets in question;
“police authority”—
1. a
  in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act 1996,
2. b
  in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997, means the Service Authority for the National Criminal Intelligence Service or, as the case may be, the Service Authority for the National Crime Squad,
3. c
  in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967, has the meaning given in that Act,
4. d
  in relation to any other person or appointment, means the authority by whom the person in question is or on appointment would be paid;
“police cadet” means any person appointed to undergo training with a view to becoming a constable;
“police fund”—
1. a
  in relation to a chief officer of police within paragraph (a) of the above definition of that term, has the same meaning as in the Police Act 1996,
2. b
  in relation to a chief officer of police within paragraph (b) of that definition, means the service fund established under section 16 or (as the case may be) section 61 of the Police Act 1997, and
3. c
  in any other case means money provided by the police authority;
“specified Act” means the Metropolitan Police Act 1829 F129, the City of London Police Act 1839 F130 or the Police Act 1996.

8

In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.

Subject to subsection (8), in this section –

“chief officer of police” means –
1. a
  in relation to the National Criminal Intelligence Service, the Director General of that Service;
2. b
  in relation to any other body of constables, the person who has the direction and control of the body in question;
“police authority” means –
1. a
  in relation to the National Criminal Intelligence Service, the Service Authority for the National Criminal Intelligence Service;
2. b
  in relation to any other body of constables, the authority by which the members of the body are paid;
“police fund” means –
1. a
  in relation to the National Criminal Intelligence Service, the service fund under section 16 of the Police Act 1997;
2. b
  in relation to any other body of constables, money provided by the authority by which the members of the body are paid.

7

Nothing in subsections (3) to (6) applies in relation to the police.

8 E1265 Application to Parliament.

1

This Act applies to an act done by or for purposes of the House of Lords or the House of Commons as it applies to an act done by a private person.

2

For the purposes of the application of Part II in relation to the House of Commons, the Corporate Officer of that House shall be treated as the employer of a person who is (or would be) a relevant member of the House of Commons staff for the purposes of F124section 195 of the Employment Rights Act 1996.

3

Except as provided in subsection (4), for the purposes of the application of sections 19 to 21, the provider of services is—

a

as respects the House of Lords, the Corporate Officer of that House; and

b

as respects the House of Commons, the Corporate Officer of that House.

4

Where the service in question is access to and use of any place in the Palace of Westminster which members of the public are permitted to enter, the Corporate Officers of both Houses jointly are the provider of that service.

5

Nothing in any rule of law or the law or practice of Parliament prevents proceedings being instituted before an F125employment tribunal under Part II or before any court under Part III.

66 Government appointments outside Part II.

1

Subject to regulations under subsection (3), this section applies to any appointment made by a Minister of the Crown or government department to an office or post where Part II does not apply in relation to the appointment.

2

In making the appointment, and in making arrangements for determining to whom the office or post should be offered, the Minister of the Crown or government department shall not act in a way which would contravene Part II if he or the department were the employer for the purposes of this Act.

3

Regulations may provide for this section not to apply to such appointments as may be prescribed.

I40 E2067 Regulations and orders.

1

Any power under this Act to make regulations or orders shall be exercisable by statutory instrument.

C272

Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.

C273

Any such power includes power—

a

to make such incidental, supplemental, consequential or transitional provision as appears to the Secretary of State to be expedient; and

b

to provide for a person to exercise a discretion in dealing with any matter.

4

No order shall be made under section 50(3) unless a draft of the statutory instrument containing the order has been laid before Parliament and approved by a resolution of each House.

5

Any other statutory instrument made under this Act, other than one made under section 3(9), 52(8), 54(6) or 70(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6

Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory instrument but such an order shall be as capable of being amended or revoked as an order which is made by statutory instrument.

7

Nothing in section 34(4), 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).

I40 E2167 Regulations and orders.

1

Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

2

Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.

3

Any such power, includes power—

a

to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and

b

to provide for a person to exercise a discretion in dealing with any matter.

4

No order shall be made under section 50(3) unless a draft of the order has been laid before and approved by a resolution of the Assembly.

5

Any other order made under this Act, other than an order under section 3(9), 52(8), 54(6) or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

6

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.

7

Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule.

8

Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).

F6167AExercise of discretion under section 67(5A)

1

Before the Secretary of State decides which of the parliamentary procedures available under section 67(5A) is to be adopted in connection with the making of any particular order under section 47(1), he must consult the Disabled Persons Transport Advisory Committee.

2

An order under section 47(1) may be made without a draft of the instrument that contains it having been laid before, and approved by a resolution of, each House of Parliament only if—

a

regulations under subsection (3) are in force; and

b

the making of the order without such laying and approval is in accordance with the regulations.

3

Regulations may set out the basis on which the Secretary of State, when he comes to make an order under section 47(1), will decide which of the parliamentary procedures available under section 67(5A) is to be adopted in connection with the making of the order.

4

Before making regulations under subsection (3), the Secretary of State must consult—

a

the Disabled Persons Transport Advisory Committee; and

b

such other persons as he considers appropriate.

F6267BAnnual report on rail vehicle exemption orders

1

The Secretary of State must after each 31st December prepare, in respect of the year that ended with that day, a report on—

a

the exercise in that year of the power to make orders under section 47(1); and

b

the exercise in that year of the discretion under section 67(5A).

2

A report under subsection (1) must (in particular) contain—

a

details of each order made under section 47(1) in the year in respect of which the report is made; and

b

details of consultation carried out under sections 47(3) and 67A(1) in connection with orders made in that year under section 47(1).

3

The Secretary of State must lay before each House of Parliament each report that he prepares under this section.

I41 E2268 Interpretation.

1

In this Act—

“accessibility certificate” means a certificate issued under section 41(1)(a);
“act” includes a deliberate omission;
“approval certificate” means a certificate issued under section 42(4);
“benefits”, in Part II, has the meaning given in section 4(4);
“conciliation officer” means a person designated under section 211 of the M13Trade Union and Labour Relations (Consolidation) Act 1992;
“employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do any work, and related expressions are to be construed accordingly;
“employment at an establishment in Great Britain” is to be construed in accordance with subsections (2) to (5);
“enactment” includes subordinate legislation and any Order in Council;
“licensing authority” means—
1. a
  in relation to the area to which the M14Metropolitan Public Carriage Act 1869 applies, the Secretary of State or the holder of any office for the time being designated by the Secretary of State; or
2. b
  in relation to any other area in England and Wales, the authority responsible for licensing taxis in that area;
“mental impairment” does not have the same meaning as in the M15Mental Health Act 1983 or the M16Mental Health (Scotland) Act 1984 but the fact that an impairment would be a mental impairment for the purposes of either of those Acts does not prevent it from being a mental impairment for the purposes of this Act;
“Minister of the Crown” includes the Treasury;
“occupational pension scheme” has the same meaning as in the M17Pension Schemes Act 1993;
“premises” includes land of any description;
“prescribed” means prescribed by regulations;
“profession” includes any vocation or occupation;
“provider of services” has the meaning given in section 19(2)(b);
“public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;
“PSV accessibility regulations” means regulations made under section 40(1);
“rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;
“rail vehicle accessibility regulations” means regulations made under section 46(1);
“regulations” means regulations made by the Secretary of State;
“section 6 duty” means any duty imposed by or under section 6;
“section 15 duty” means any duty imposed by or under section 15;
“section 21 duty” means any duty imposed by or under section 21;
“subordinate legislation” has the same meaning as in section 21 of the M18Interpretation Act 1978;
“taxi” and “regulated taxi” have the meaning given in section 32;
“taxi accessibility regulations” means regulations made under section 32(1);
“trade” includes any business;
“trade organisation” has the meaning given in section 13;
“vehicle examiner” means an examiner appointed under section 66A of the M19Road Traffic Act 1988.

2

Where an employee does his work wholly or mainly outside Great Britain, his employment is not to be treated as being work at an establishment in Great Britain even if he does some of his work at such an establishment.

3

Except in prescribed cases, employment on board a ship, aircraft or hovercraft is to be regarded as not being employment at an establishment in Great Britain.

4

Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in Great Britain.

5

Where work is not done at an establishment it shall be treated as done—

a

at the establishment from which it is done; or

b

where it is not done from any establishment, at the establishment with which it has the closest connection.

I2169 Financial provisions.

There shall be paid out of money provided by Parliament—

a

any expenditure incurred by a Minister of the Crown under this Act;

b

any increase attributable to this Act in the sums payable out of money so provided under or by virtue of any other enactment.

I39 E1970 Short title, commencement, extent etc.

1

This Act may be cited as the Disability Discrimination Act 1995.

2

This section (apart from subsections (4), (5) and (7)) comes into force on the passing of this Act.

P1 C263

The other provisions of this Act come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different purposes.

4

Schedule 6 makes consequential amendments.

5

The repeals set out in Schedule 7 shall have effect.

6

This Act extends to Northern Ireland, but in their application to Northern Ireland the provisions of this Act mentioned in Schedule 8 shall have effect subject to the modifications set out in that Schedule.

7

In Part II of Schedule 1 to the M11House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the M12Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) in each case insert at the appropriate places—

The National Disability Council.

The Northern Ireland Disability Council

8

Consultations which are required by any provision of this Act to be held by the Secretary of State may be held by him before the coming into force of that provision.

SCHEDULES

E90 C20SCHEDULE 1 Provisions Supplementing Section 1

Section 1(1).

Annotations:

Extent Information

E90

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Modifications etc. (not altering text)

C20

S. 1, Sch. 1 applied (N.I.) (6.4.2005) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), {art. 2(3)}

Impairment

I221

Severe disfigurement

I243

1

An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities.

2

Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect.

3

Regulations under sub-paragraph (2) may, in particular, make provision with respect to deliberately acquired disfigurements.

Normal day-to-day activities

I254

1

An impairment is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities only if it affects one of the following—

a

mobility;

b

manual dexterity;

c

physical co-ordination;

d

continence;

e

ability to lift, carry or otherwise move everyday objects;

f

speech, hearing or eyesight;

g

memory or ability to concentrate, learn or understand; or

h

perception of the risk of physical danger.

2

Regulations may prescribe—

a

circumstances in which an impairment which does not have an effect falling within sub-paragraph (1) is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities;

b

circumstances in which an impairment which has an effect falling within sub-paragraph (1) is to be taken not to affect the ability of the person concerned to carry out normal day-to-day activities.

Substantial adverse effects

I265

Regulations may make provision for the purposes of this Act—

a

for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as a substantial adverse effect;

b

for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as not being a substantial adverse effect.

Effect of medical treatment

I276

1

An impairment which would be likely to have a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities, but for the fact that measures are being taken to treat or correct it, is to be treated as having that effect.

2

In sub-paragraph (1) “measures” includes, in particular, medical treatment and the use of a prosthesis or other aid.

3

Sub-paragraph (1) does not apply—

a

in relation to the impairment of a person’s sight, to the extent that the impairment is, in his case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; or

b

in relation to such other impairments as may be prescribed, in such circumstances as may be prescribed.

Persons deemed to be disabled

6A

1

Subject to sub-paragraph (2), a person who has cancer, HIV infection or multiple sclerosis is to be deemed to have a disability, and hence to be a disabled person.

2

Regulations may provide for sub-paragraph (1) not to apply in the case of a person who has cancer if he has cancer of a prescribed description.

3

A description of cancer prescribed under sub-paragraph (2) may (in particular) be framed by reference to consequences for a person of his having it.

7

1

Sub-paragraph (2) applies to any person whose name is, both on 12th January 1995 and on the date when this paragraph comes into force, in the register of disabled persons maintained under section 6 of the M10Disabled Persons (Employment) Act 1944.

2

That person is to be deemed—

a

during the initial period, to have a disability, and hence to be a disabled person; and

b

afterwards, to have had a disability and hence to have been a disabled person during that period.

3

A certificate of registration shall be conclusive evidence, in relation to the person with respect to whom it was issued, of the matters certified.

4

Unless the contrary is shown, any document purporting to be a certificate of registration shall be taken to be such a certificate and to have been validly issued.

5

Regulations may provide for prescribed descriptions of person to be deemed to have disabilities, and hence to be disabled persons, for the purposes of this Act.

6

Regulations may prescribe circumstances in which a person who has been deemed to be a disabled person by the provisions of sub-paragraph (1) or regulations made under sub-paragraph (5) is to be treated as no longer being deemed to be such a person.

7

In this paragraph—

“certificate of registration” means a certificate issued under regulations made under section 6 of the Act of 1944; and
“initial period” means the period of three years beginning with the date on which this paragraph comes into force.

Progressive conditions

I288

1

Where—

a

a person has a progressive condition (such as cancer, multiple sclerosis or muscular dystrophy or infection by the human immunodeficiency virus),

b

as a result of that condition, he has an impairment which has (or had) an effect on his ability to carry out normal day-to-day activities, but

c

that effect is not (or was not) a substantial adverse effect,

he shall be taken to have an impairment which has such a substantial adverse effect if the condition is likely to result in his having such an impairment.

2

Regulations may make provision, for the purposes of this paragraph—

a

for conditions of a prescribed description to be treated as being progressive;

b

for conditions of a prescribed description to be treated as not being progressive.

F65Interpretation

Annotations:

Amendments (Textual)

F65

Sch. 1 para. 9 and cross-heading inserted (E.W.S.) (30.6.2005 for certain purposes, otherwise 5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {18(5)}, 20(3)-(6); S.I. 2005/1676, { art. 2(2)(f)}; S.I. 2005/2774, art. 3(i) and said Sch. 1 para. 9 and cross-heading inserted (N.I.) (3.7.2006 for certain purposes, otherwise 31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1)), {art. 18(5)}; S.R. 2006/289, art. 2(2)(e); S.R. 2007/430, art. 2(a)

9

In this Schedule, “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.

SCHEDULE 2 Past Disabilities

Section 2(2).

I291

The modifications referred to in section 2 are as follows.

I302

References in Parts II and III to a disabled person are to be read as references to a person who has had a disability.

2A

References in Chapter 1 of Part 4 to a disabled pupil are to be read as references to a pupil who has had a disability.

F2002B

References in Chapter 2 of Part 4 to a disabled student are to be read as references to a student who has had a disability.

2C

In section 3A(5), after “not having that particular disability” insert “ and who has not had that particular disability ”.

I313

In section 6(1), after “not disabled” insert “ and who have not had a disability ”.

I324

In section 6(6), for “has” substitute “ has had ”.

4ZA

In section 24(3)(e)(i) and (f)(i), after “having” insert “ had ”

4ZB

In sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute “ had not had ”.

F664A

In section 28B(3)(a) and (4), after “disabled” insert “or that he had had a disability”.

F674B

In section 28C(1), in paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.

F684C

In section 28S(3)(a) and (4), after “disabled” insert “or that he had had a disability”.

F694D

In subsection (1) of section 28T, after “not disabled” insert “and who have not had a disability”.

F704E

In that subsection as substituted by paragraphs 2 and 6 of Schedule 4C, after “not disabled” insert “and who have not had a disability”.

I335

For paragraph 2(1) to (3) of Schedule 1, substitute—

1
The effect of an impairment is a long-term effect if it has lasted for at least 12 months.
2
Where an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect recurs.
3
For the purposes of sub-paragraph (2), the recurrence of an effect shall be disregarded in prescribed circumstances.

F716

References in Chapter I of Part III of the 2005 Order to a disabled pupil are to be read as references to a pupil who has had a disability.

7

References in Chapter II of Part III of the 2005 Order to a disabled student are to be read as references to a student who has had a disability.

8

In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.

9

In Article 16(1) of the 2005 Order, in sub-paragraphs (a) and (b), after “not disabled” insert “ and who have not had a disability ”.

10

In Article 29(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.

11

In Articles 30(1)(a) and (b) and 37(1)(d), (2)(c) and (3) of the 2005 Order, after “not disabled” “ and who have not had a disability ”.

12

In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”.

13

In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.

E87SCHEDULE 3 Enforcement and Procedure

Sections 8(8) and 25(6).

Annotations:

Extent Information

E87

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Part I Employment

Conciliation

F721

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on proceedings for breach of Part II

2

b

that an act specified in the certificate was done for the purpose of safeguarding national security,

shall be conclusive evidence of the matters certified.

2

A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

Part II Discrimination in Other Areas

Restriction on proceedings for breach of Part III

5

1

Except as provided by section 25 no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part III.

2

Sub-paragraph (1) does not prevent the making of an application for judicial review.

Period within which proceedings must be brought

E886

1

A county court or a sheriff court shall not consider a claim under section 25 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

2

Where, in relation to proceedings or prospective proceedings under section 25, a person appointed in connection with arrangements under section 28 is approached before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by two months.

3

A court may consider any claim under section 25 which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

4

For the purposes of sub-paragraph (1)—

a

where an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

b

any act extending over a period shall be treated as done at the end of that period; and

c

a deliberate omission shall be treated as done when the person in question decided upon it.

5

In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

a

when he does an act inconsistent with doing the omitted act; or

b

if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

F74Staying or sisting proceedings on section 21B claim affecting criminal matters

Annotations:

Amendments (Textual)

F74

Sch. 3 paras. 6A, 6B and cross-headings inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(5); S.I. 2005/2774, art. 4

6A

c

no criminal proceedings,

would be prejudiced by the remedy.

3

In sub-paragraph (2) “relevant discriminatory act” means an act—

a

which is done, or by virtue of section 57 or 58 is treated as done, by a person—

i

in carrying out public investigator functions, or

ii

in carrying out functions as a public prosecutor; and

b

which is unlawful by virtue of section 21B(1).

Compensation for injury to feelings

7

In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.

Evidence

8

1

In any proceedings under section 25, a certificate signed by or on behalf of a Minister of the Crown and certifying—

a

that any conditions or requirements specified in the certificate were imposed by a Minister of the Crown and were in operation at a time or throughout a time so specified, or

b

that an act specified in the certificate was done for the purpose of safeguarding national security,

shall be conclusive evidence of the matters certified.

2

A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

F78Part 3 DISCRIMINATION IN SCHOOLS

Annotations:

Amendments (Textual)

F78

Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F759Restriction on proceedings for breach of Part 4, Chapter 1

1

Except as provided by sections 28I F18028IA, , 28K F178, 28L and 28N, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Chapter 1 of Part 4.

2

Sub-paragraph (1) does not prevent the making of an application for judicial review.

F1793

Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 28J(9).

F7610Period within which proceedings must be brought

1

The F184. . . F181Welsh Tribunal shall not consider a claim under section 28I F185or section 28IA unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

2

If, in relation to proceedings or prospective proceedings under section 28I F186or section 28IA , the dispute concerned is referred for conciliation in pursuance of arrangements under F187section 28ID of this Act or F182section 27 of the Equality Act 2006 before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by F183three months..

3

The F184. . . F181 Welsh Tribunal may consider any claim under section 28I F188or section 28IA which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

4

But sub-paragraph (3) does not permit the F184. . . F181 Welsh Tribunal to decide to consider a claim if a decision not to consider that claim has previously been taken under that sub-paragraph.

5

For the purposes of sub-paragraph (1)—

a

if an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

b

any act extending over a period shall be treated as done at the end of that period; and

c

a deliberate omission shall be treated as done when the person in question decided upon it.

6

In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

were imposed by a member of the Scottish Executive, and

b

were in operation at a time or throughout a time so specified,

shall be conclusive evidence of the matters certified.

1B

In any proceedings under section 28I, F19428IA, 28K or 28L, a certificate signed by or on behalf of the F192Welsh Ministers and certifying that any conditions or requirements specified in the certificate—

a

were imposed by the F193National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, and

b

were in operation at a time or throughout a time so specified,

shall be conclusive evidence of the matters certified.

2

A document purporting to be such a certificate F191as is mentioned in sub-paragraph (1), (1A) or (1B) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

F83Part 4 DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS

Annotations:

Amendments (Textual)

F83

Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), Sch. 3 para. 2 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F7912Restriction on proceedings for breach of Part 4, Chapter 2

1

Except as provided by section 28V, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Chapter 2 of Part 4.

2

Sub-paragraph (1) does not prevent the making of an application for judicial review.

F8013Period within which proceedings must be brought

1

A county court or a sheriff court shall not consider a claim under section 28V unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

2

If, in relation to proceedings or prospective proceedings under section 28V, the dispute concerned is referred for conciliation in pursuance of arrangements under section 31B before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by two months.

3

A court may consider any claim under section 28V which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

4

For the purposes of sub-paragraph (1)—

a

if an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

b

any act extending over a period shall be treated as done at the end of that period; and

c

a deliberate omission shall be treated as done when the person in question decided upon it.

5

F84Part 5Discrimination in General Qualifications Bodies

Annotations:

Amendments (Textual)

F84

Sch. 3 Pt. 5 (paras. 16-18 and cross-headings) inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), 4(3) (with reg. 14)

Restriction on proceedings for breach of Part 4, Chapter 2A

16

1

Except as provided by section 31ADA, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Chapter 2A of Part 4.

2

Sub-paragraph (1) does not prevent the making of an application for judicial review.

Period within which proceedings must be brought

17

1

A county court or a sheriff court shall not consider a claim under section 31ADA unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

2

If, in relation to proceedings or prospective proceedings under section 31ADA, the dispute concerned is referred to conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 before the end of the period of six months mentioned in sub-paragraph (1), the period of six months allowed by that sub-paragraph shall be extended by three months.

3

A court may consider any claim under section 31ADA which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

4

For the purposes of sub-paragraph (1)—

a

if an unlawful act is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

b

any act extending over a period shall be treated as done at the end of that period; and

c

a deliberate omission shall be treated as done when the person in question decided upon it.

5

In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

a

when he does an act inconsistent with doing the omitted act; or

b

if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

Evidence

F121SCHEDULE 3AVALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

Section 17C

Annotations:

Amendments (Textual)

F121

Sch. 3A inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 insofar as not yet in force) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), reg. 16(2), {Sch.}

PART Ivalidity and revision of contracts

PART IIcollective agreements and rules of undertakings

PART IIIinterpretation

F122SCHEDULE 3AVALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

Section 17C

Annotations:

Amendments (Textual)

F122

Sch. 3A inserted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 16(2), Sch.

Part 1VALIDITY AND REVISION OF CONTRACTS

1

A term of a contract is void where—

a

the making of the contract is, by reason of the inclusion of the term, unlawful by virtue of this Part of this Act;

b

it is included in furtherance of an act which is unlawful by virtue of this Part of this Act; or

c

it provides for the doing of an act which is unlawful by virtue of this Part of this Act.

2

Sub-paragraph (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against, or harassment of, a party to the contract, but the term shall be unenforceable against that party.

3

A term in a contract which purports to exclude or limit any provision of this Part of this Act is unenforceable by any person in whose favour the term would operate apart from this paragraph.

4

Sub-paragraphs (1), (2) and (3) apply whether the contract was entered into before or after the date on which this Schedule comes into force; but in the case of a contract made before that date, those sub-paragraphs do not apply in relation to any period before that date.

if he is a qualified lawyer;

b

c

if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre.

4

But a person is not a relevant independent adviser for the purposes of sub-paragraph (2)(c) in relation to the complainant—

a

if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party;

b

in the case of a person within sub-paragraph (3)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party; or

c

in the case of a person within sub-paragraph (3)(c), if the complainant makes a payment for the advice received from him.

5

In sub-paragraph (3)(a) “qualified lawyer” means—

the agreement is to submit it to arbitration in accordance with the scheme; but

b

shall be regarded as neither being nor including such a contract in any other case.

3

1

On the application of a disabled person interested in a contract to which paragraph 1(1) or (2) applies, a county court or a sheriff court may make such order as it thinks fit for—

a

removing or modifying any term rendered void by paragraph 1(1), or

b

removing or modifying any term made unenforceable by paragraph 1(2);

a term of a collective agreement made by or on behalf of—

i

an employer,

ii

an organisation of employers of which an employer is a member, or

iii

an association of such organisations of one of which an employer is a member, or

b

a rule made by an employer within the meaning of paragraph 4(1)(b),

paragraph 5 applies to any disabled person who is, or is genuinely and actively seeking to become, one of his employees.

7

In the case of a complaint about a rule made by an organisation or body to which paragraph 4(1)(c) applies, paragraph 5 applies to any disabled person—

a

who is, or is genuinely and actively seeking to become, a member of the organisation or body;

b

on whom the organisation or body has conferred an authorisation or qualification; or

c

who is genuinely and actively seeking an authorisation or qualification which the organisation or body has power to confer.

8

1

When an employment tribunal finds that a complaint presented to it under paragraph 5 is well-founded the tribunal shall make an order declaring that the term or rule is void.

2

An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into force of this Schedule).

9

The avoidance by virtue of paragraph 4(2) of any term or rule which provides for any person to be discriminated against shall be without prejudice to the following rights (except in so far as they enable any person to require another person to be treated less favourably than himself), namely—

a

such of the rights of the person to be discriminated against, and

b

such of the rights of any person who will be treated more favourably in direct or indirect consequence of the discrimination,

as are conferred by or in respect of a contract made or modified wholly or partly in pursuance of, or by reference to, that term or rule.

Part 3INTERPRETATION

10

In this Schedule “collective agreement” means any agreement relating to one or more of the matters mentioned in section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 F204 (meaning of trade dispute), being an agreement made by or on behalf of one or more employers or one or more organisations of employers or associations of such organisations with one or more organisations of workers or associations of such organisations.

11

Any reference in this Schedule to a contract or act which is unlawful by virtue of this Part of this Act shall be taken to include a reference to a contract or act which is unlawful by virtue of Part 3 of this Act to the extent that it relates to the provision of employment services.

F20512

Where a term to which section 26(1A)(c) applies is a term in an agreement which is not a contract, Part 1 of this Schedule shall have effect as if the agreement were a contract.

E91SCHEDULE 4 Premises Occupied Under Leases

Sections 16(5) and 27(5).

Annotations:

Extent Information

E91

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Part I Occupation by Employer or Trade Organisation

Joining lessors in proceedings under section 8

E92 C222

1

In any proceedings under section 8, in a case to which section 16 applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined or sisted as a party to the proceedings.

2

The request shall be granted if it is made before the hearing of the complaint begins.

3

The tribunal may refuse the request if it is made after the hearing of the complaint begins.

4

The request may not be granted if it is made after the tribunal has determined the complaint.

5

Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine—

a

whether the lessor has—

i

refused consent to the alteration, or

ii

consented subject to one or more conditions, and

b

if so, whether the refusal or any of the conditions was unreasonable,

6

If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—

a

make such declaration as it considers appropriate;

b

make an order authorising the occupier to make the alteration specified in the order;

c

order the lessor to pay compensation to the complainant.

7

An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.

8

Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 8(2).

9

If the tribunal orders the lessor to pay compensation it may not make an order under section 8(2) ordering the occupier to do so.

Regulations

I34 C233

Regulations may make provision as to circumstances in which—

a

a lessor is to be taken, for the purposes of section 16 and this Part of this Schedule to have—

i

withheld his consent;

ii

withheld his consent unreasonably;

iii

acted reasonably in withholding his consent;

b

a condition subject to which a lessor has given his consent is to be taken to be reasonable;

c

a condition subject to which a lessor has given his consent is to be taken to be unreasonable.

Sub-leases etc.

I354

The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 16 or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.

Part II Occupation by Provider of Services

Reference to court

6

1

If the occupier has applied in writing to the lessor for consent to the alteration and—

a

that consent has been refused, or

b

the lessor has made his consent subject to one or more conditions,

the occupier or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.

2

In the following provisions of this Schedule “court” includes “sheriff”.

3

On such a reference the court shall determine whether the lessor’s refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.

4

If the court determines—

a

that the lessor’s refusal was unreasonable, or

b

that the condition is, or any of the conditions are, unreasonable,

it may make such declaration as it considers appropriate or an order authorising the occupier to make the alteration specified in the order.

5

An order under sub-paragraph (4) may require the occupier to comply with conditions specified in the order.

Joining lessors in proceedings under section 25

7

1

In any proceedings on a claim under section 25, in a case to which this Part of this Schedule applies, the plaintiff, the pursuer or the occupier concerned may ask the court to direct that the lessor be joined or sisted as a party to the proceedings.

2

The request shall be granted if it is made before the hearing of the claim begins.

3

The court may refuse the request if it is made after the hearing of the claim begins.

4

The request may not be granted if it is made after the court has determined the claim.

5

Where a lessor has been so joined or sisted as a party to the proceedings, the court may determine—

a

whether the lessor has—

i

refused consent to the alteration, or

ii

consented subject to one or more conditions, and

b

if so, whether the refusal or any of the conditions was unreasonable.

6

If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—

a

make such declaration as it considers appropriate;

b

make an order authorising the occupier to make the alteration specified in the order;

c

order the lessor to pay compensation to the complainant.

7

An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.

8

If the court orders the lessor to pay compensation it may not order the occupier to do so.

F85Joining lessors in proceedings relating to group insurance or employment services

Annotations:

Amendments (Textual)

F85

Sch. 4 para. 7A and cross-heading inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(6); S.I. 2005/2774, art. 3(j)

7A

1

In any proceedings on a complaint under section 25(8) in a case to which section 27 applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined or sisted as a party to the proceedings.

2

The request shall be granted if it is made before the hearing of the complaint begins.

3

The tribunal may refuse the request if it is made after the hearing of the complaint begins.

4

The request may not be granted if it is made after the tribunal has determined the complaint.

5

Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine—

a

whether the lessor has—

i

refused consent to the alteration, or

ii

consented subject to one or more conditions; and

b

if so, whether the refusal or any of the conditions was unreasonable.

6

If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—

a

make such declaration as it considers appropriate;

b

make an order authorising the occupier to make the alteration specified in the order;

c

order the lessor to pay compensation to the complainant.

7

An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.

8

Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 17A(2).

9

If the tribunal orders the lessor to pay compensation it may not make an order under section 17A(2) ordering the occupier to do so.

Regulations

I368

Regulations may make provision as to circumstances in which—

a

a lessor is to be taken, for the purposes of section 27 and this Part of this Schedule to have—

i

withheld his consent;

ii

withheld his consent unreasonably;

iii

acted reasonably in withholding his consent;

b

a condition subject to which a lessor has given his consent is to be taken to be reasonable;

c

a condition subject to which a lessor has given his consent is to be taken to be unreasonable.

Sub-leases etc.

I379

The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 27 or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.

F91 C24 C25Part 3 OCCUPATION BY EDUCATIONAL INSTITUTIONS

Annotations:

Amendments (Textual)

F91

Sch. 4 Pt. 3 (paras. 10-14) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 31(2), Sch. 6 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Modifications etc. (not altering text)

C24

Sch. 4 Pt. 3 (paras. 10-14) modified (28.6.2002) by S.I. 2002/1458, reg. 7 (which Regulations were revoked (1.5.2005) by S.I. 2005/1070, reg. 8)

C25

Sch. 4 Pt. 3 modified (1.5.2005) by The Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulations 2005, {reg. 7}

F8610Failure to obtain consent

If any question arises as to whether a responsible body has failed to comply with the duty imposed by section 28T, by failing to make a particular alteration to premises, any constraint attributable to the fact that the premises are occupied by the educational institution under a lease is to be ignored unless the responsible body has applied to the lessor in writing for consent to the making of the alteration.

F8711Reference to court

1

If the responsible body has applied in writing to the lessor for consent to the alteration and—

a

that consent has been refused, or

b

the lessor has made his consent subject to one or more conditions,

that body or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.

2

On such a reference the court must determine whether the lessor’s refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.

3

If the court determines—

a

that the lessor’s refusal was unreasonable, or

b

that the condition is, or any of the conditions are, unreasonable,

it may make such declaration as it considers appropriate or an order authorising the responsible body to make the alteration specified in the order.

4

An order under sub-paragraph (3) may require the responsible body to comply with conditions specified in the order.

a condition subject to which a lessor has given his consent is to be taken to be reasonable;

c

a condition subject to which a lessor has given his consent is to be taken to be unreasonable.

F9014Sub-leases etc.

Regulations may make provision supplementing, or modifying, section 28W or any provision made by or under this Part of this Schedule in relation to cases where the premises of the educational institution are occupied under a sub-lease or sub-tenancy.

F92PART 4Occupation by General Qualifications Bodies

Annotations:

Amendments (Textual)

F92

Sch. 4 Pt. 4 inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), 6(3) (with regs. 8-13)

Reference to court

16

1

If the general qualifications body has applied in writing to the lessor for consent to the alteration and—

a

that consent has been refused, or

b

the lessor has made his consent subject to one or more conditions,

that general qualifications body or a disabled person who has an interest in the proposed alteration to the premises being made may refer the matter to a county court or, in Scotland, to the sheriff.

2

On such a reference the court must determine whether the refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.

3

If the court determines—

a

that the refusal was unreasonable, or

b

that the condition is, or any of the conditions are, unreasonable,

it may make such declaration as it considers appropriate or an order authorising the general qualifications body to make the alteration specified in the order.

4

An order under sub-paragraph (3) may require the general qualifications body to comply with conditions specified in the order.

Joining lessors in proceedings under section 31ADA

17

1

In any proceedings on a claim under section 31ADA in which a question arises as to whether a general qualifications body has failed to comply with the duty imposed by section 31AD by failing to make an alteration to premises occupied by the general qualifications body under a lease—

a

the claimant (or pursuer in Scotland), or

b

the general qualifications body concerned,

may ask the court to direct that the lessor be joined (or sisted) as a party to the proceedings.

2

The request shall be granted if it is made before the hearing of the claim begins.

3

The court may refuse the request if it is made after the hearing of the claim begins.

4

The request may not be granted if it is made after the court has determined the claim.

5

Where a lessor has been so joined (or sisted) as a party to the proceedings, the court may determine—

a

whether the lessor has—

i

refused consent to the alteration, or

ii

consented subject to one or more conditions, and

b

if so, whether the refusal or any of the conditions was unreasonable.

6

If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable, it may take one or more of the following steps—

a

make such declaration as it considers appropriate;

b

make an order authorising the general qualifications body to make the alteration specified in the order;

c

order the lessor to pay compensation to the claimant or pursuer.

7

An order under sub-paragraph (6)(b) may require the general qualifications body to comply with the conditions specified in the order.

8

If the court orders the lessor to pay compensation it may not order the general qualifications body to do so.

F93SCHEDULE 4A RESPONSIBLE BODIES FOR SCHOOLS

Section 28A

Annotations:

Amendments (Textual)

F93

Sch. 4A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(2), Sch. 2 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

1

The bodies responsible for schools in England and Wales are set out in the following table.

2

In that Table—

“the local education authority” has the meaning given by section 22(8) of the School Standards and Framework Act 1998; and

“proprietor” has the meaning given by section 579 of the Education Act 1996.

TABLE

Type of school	Responsible body
1. Maintained school.	The local education authority or governing body, according to which has the function in question.
2. Pupil referral unit.	The local education authority.
3. Maintained nursery school.	The local education authority.
4. Independent school.	The proprietor.
5. Special school not maintained by a local education authority.	The proprietor.

2

1

The bodies responsible for schools in Scotland are set out in the following table.

2

In that Table “board of management”, “education authority”, “managers” and “proprietor” each have the meaning given in section 135(1) of the Education (Scotland) Act 1980.

T ABLE

Type of school	Responsible body
1. School managed by an education authority	The education authority.
2. Independent school.	The proprietor.
3. Self-governing school.	The board of management.
4. School in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980.	The managers of the school.

F96SCHEDULE 4B RESPONSIBLE BODIES FOR EDUCATIONAL INSTITUTIONS

Section 28R

Annotations:

Amendments (Textual)

F96

Sch. 4B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 26(2), Sch. 4 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F941

1

The bodies responsible for educational institutions in England and Wales are set out in the following table.

2

In that Table “governing body” has the meaning given by section 90 of the Further and Higher Education Act 1992.

Type of institution	Responsible body
1. Institution within the further education sector.	The governing body.
2. University.	The governing body.
3. Institution, other than a university, within the higher education sector.	The governing body.
4. Institution designated under section 28R(6)(c).	The body specified in the order as the responsible body.

F952

1

The bodies responsible for relevant institutions in Scotland are set out in the following table.

2

In that Table—

“board of management” has the meaning given in section 36(1) of the Further and Higher Education (Scotland) Act 1992 (“the 1992 Act”);
“central institution”, “education authority” and “managers” have the meaning given in section 135(1) of the Education (Scotland) Act 1980; and

“governing body” has the meaning given in section 56(1) of the 1992 Act.

Table

Type of institution	Responsible body
1. Designated institution within the meaning of Part 2 of the 1992 Act.	The governing body.
2. University.	The governing body.
3. College of further education with a board of management.	The board of management.
4. Institution maintained by an education authority in the exercise of their further education functions.	The education authority.
5. Central institution.	The governing body.
6. School in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980.	The managers of the school.
7. Institution designated under section 28R(7)(e).	The body specified in the order as the responsible body.

F115 F116SCHEDULE 4C MODIFICATIONS OF CHAPTER 2 OF PART 4

Section 28U.

Annotations:

Amendments (Textual)

F115

Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F116

Sch. 4C substituted (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1(2)(3), 21

F105Part 1 MODIFICATIONS FOR ENGLAND AND WALES

Annotations:

Amendments (Textual)

F105

Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F97 F981

For section 28R, substitute—

28R Further education etc. provided by local education authorities and schools
1
Subsections (2) and (3) apply in relation to—
a
any course of higher education secured by a local education authority under section 120 of the Education Reform Act 1988;
b
any course of further education—
i
secured by a local education authority; or
ii
provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998.
2
It is unlawful for the local education authority or the governing body to discriminate against a disabled person—
a
in the arrangements they make for determining who should be enrolled on the course;
b
in the terms on which they offer to enrol him on the course; or
c
by refusing or deliberately omitting to accept an application for his enrolment on the course.
3
It is unlawful for the local education authority or the governing body to discriminate against a disabled person who has enrolled on the course in the services which they provide, or offer to provide.
4
“Services”, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course.
5
It is unlawful for a local education authority to discriminate against a disabled person in the terms on which they provide, or offer to provide, recreational or training facilities.
6
In this Chapter “responsible body” means—
a
a local education authority, in relation to—
i
a course of further or higher education secured by them;
ii
recreational or training facilities; and
b
the governing body of a maintained school, in relation to a course of further education provided under section 80 of the School Standards and Framework Act 1998.
7
“Further education”—
a
in relation to a course secured by a local education authority, has the meaning given in section 2(3) of the Education Act 1996; and
b
in relation to a course provided under section 80 of the School Standards and Framework Act 1998 means education of a kind mentioned in subsection (1) of that section.
8
In relation to further education secured by a local education authority—
“course” includes each of the component parts of a course of further education if, in relation to the course, there is no requirement imposed on persons registered for any component part of the course to register for any other component part of that course; and
“enrolment”, in relation to such a course, includes registration for any one of those parts.
9
“Higher education” has the meaning given in section 579(1) of the Education Act 1996.
10
“Local education authority” has the meaning given in section 12 of the Education Act 1996.
11
“Governing body” and “maintained school” have the same meaning as in Chapter 1.
12
“Recreational or training facilities” means any facilities secured by a local education authority under subsection (1), or provided by it under subsection (1A), of section 508 of the Education Act 1996 (recreation and social and physical training).

F99 F1002

For subsection (1) of section 28T, substitute—

1
Each responsible body must take such steps as it is reasonable for it to have to take to ensure that—
a
in relation to its arrangements for enroling persons on a course of further or higher education provided by it, and
b
in relation to services provided, or offered by it,
disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled.

F101 F1023

In section 28W(1)(a) for “by an educational institution” substitute “ a responsible body wholly or partly for the purpose of its functions”.

F103 F1044

Omit section 31A.

F114Part 2 MODIFICATIONS FOR SCOTLAND

Annotations:

Amendments (Textual)

F114

Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F106 F1075

For section 28R, substitute—

28R Further education etc. provided by education authorities in Scotland
1
Subsections (2) and (3) apply to any course of further education secured by an education authority.
2
It is unlawful for the education authority to discriminate against a disabled person—
a
in the arrangements they make for determining who should be enrolled on the course;
b
in the terms on which they offer to enrol him on the course; or
c
by refusing or deliberately omitting to accept an application for his enrolment on the course.
3
It is unlawful for the education authority to discriminate against a disabled person who has enrolled on the course in the services which they provide, or offer to provide.
4
“Services”, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course.
5
It is unlawful for an education authority to discriminate against a disabled person in the terms on which they provide, or offer to provide, recreational or training facilities.
6
In this Chapter “responsible body” means an education authority.
7
“Further education” has the meaning given in section 1(5) of the Education (Scotland) Act 1980.
8
“Education authority” has the meaning given in section 135(1) of that Act.

F108 F1096

For subsection (1) of section 28T, substitute— :

1
Each responsible body must take such steps as it is reasonable for it to have to take to ensure that—
a
in relation to its arrangements for enroling persons on a course of further education provided by it, and
b
in relation to services provided or offered by it,
disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled.

F110 F1117

In section 28W(1)(a) for “by an educational institution” substitute “by a responsible body wholly or partly for the purpose of its functions”.

F112 F1138

Omit section 31A.

F123SCHEDULE 4CMODIFICATIONS OF CHAPTER 2 OF PART 4

Section 28U

Annotations:

Amendments (Textual)

F123

Part 1Modifications for England and Wales – Further Education, etc Provided by Local Education Authorities

1

The following is substituted for section 28R—

28R28R Higher and further education secured by local education authorities
1
Subsections (2) to (4) apply in relation to—
a
any course of higher education secured by a local education authority under section 120 of the Education Reform Act 1988, and
b
any course of further education secured by a local education authority.
2
It is unlawful for the local education authority to discriminate against a disabled person—
a
in the arrangements they make for determining who should be enrolled on the course;
b
in the terms on which they offer to enrol him on the course; or
c
by refusing or deliberately omitting to accept an application for his enrolment on the course.
3
It is unlawful for the local education authority to discriminate against a disabled person who has enrolled on the course in the services which they provide or offer to provide.
4
It is unlawful for the local education authority to subject to harassment a disabled person who—
a
seeks enrolment on the course,
b
is enrolled on the course, or
c
is a user of any services provided by that authority in relation to the course .
5
“Services“, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course.
6
In relation to further education secured by a local education authority—
a
“course” includes each of the component parts of a course of further education if, in relation to the course, there is no requirement imposed on persons registered for any component part of the course to register for any other component part of that course; and
b
“enrolment”, in relation to such a course, includes registration for any one of those parts.
7
In this Chapter—
“responsible body” means a local education authority in relation to a course of further or higher education secured by them;
“further education” in relation to a course secured by the local education authority, has the meaning given in section 2(3) of the Education Act 1996;
“higher education” has the meaning given in section 579(1) of the Education Act 1996; and
“local education authority” has the meaning given in section 12 of the Education Act 1996.

Part 1AModifications for England and Wales – Further Education Provided by Schools, etc

6

The following is substituted for section 28R—

28R28R Further education provided by schools and recreational or training facilities provided by local education authorities
1
Subsections (2) and (3) apply in relation to any course of further education provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998.
2
It is unlawful for the governing body to discriminate against a disabled person—
a
in the arrangements they make for determining who should be enrolled on the course;
b
in the terms on which they offer to enrol him on the course; or
c
by refusing or deliberately omitting to accept an application for his enrolment on the course.
3
It is unlawful for the governing body to discriminate against a disabled person who has enrolled on the course in the services which they provide or offer to provide.
4
“Services“, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course.
5
It is unlawful for a local education authority to discriminate against a disabled person in the terms on which they provide or offer to provide recreational or training facilities.
6
In this Chapter—
“Responsible body” means—
a
the governing body of a maintained school, in relation to a course of further education provided under section 80 of the School Standards and Framework Act 1998, and
b
a local education authority in relation to recreational or training facilities;
“Further education”, in relation to a course provided under section 80 of the School Standards and Framework Act 1998, means education of a kind mentioned in subsection (1) of that section;
“Local education authority” has the meaning given in section 12 of the Education Act 1996;
“Governing Body” and “maintained school” have the same meaning as in Chapter 1;
“Recreational or training facilities” means any facilities secured by a local education authority under subsection (1), or provided by it under subsection (1A), of section 508 of the Education Act 1996 (recreation and social and physical training).

9

Subsections (1A) to (1D) of section 28T (responsible bodies' duties to make adjustments) are omitted and the following subsection is substituted for subsection (1) of that section—

1
Each responsible body must take such steps as it is reasonable for it to have to take to ensure that—
a
in relation to its arrangements for enrolling persons on a course of further education provided by it, and
b
in relation to services provided or offered by it,
disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled.

10

In subsections (2) and (4) of section 28T, for “any of subsections (1) to (1D)” there is substituted “subsection (1).

11

In section 28W(1)(a) for “by an educational institution” there is substituted “ by a responsible body wholly or partly for the purpose of its functions ”.

12

Sections 28SA, 28UA, 28UB, 28UC, 28V(1A) and 31A are omitted.

Part 2Modifications for Scotland – Further Education

13

The following is substituted for section 28R—

28RFurther education etc provided by education authorities in Scotland

1
Subsections (2) and (3) apply to any course of further education secured by an education authority.
2
It is unlawful for the education authority to discriminate against a disabled person—
a
in the arrangements they make for determining who should be enrolled on the course;
b
in the terms on which they offer to enrol him on the course; or
c
by refusing or deliberately omitting to accept an application for his enrolment on the course.
3
It is unlawful for the education authority to discriminate against a disabled person who has enrolled on the course in the services which they provide or offer to provide.
4
It is unlawful for the education authority to subject to harassment a disabled person who—
a
seeks enrolment on a course offered by that authority,
b
is enrolled on a course offered by that authority, or
c
is a user of services provided by that authority.
5
“Services“, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course.
6
In this Chapter —
“Responsible body” means an education authority;
“Further education” has the meaning given in section 1(5) of the Education (Scotland) Act 1980;
“Education authority” has the meaning given in section 135(1) of that Act.

14

Subsections (1A) to (1D) of section 28T are omitted and the following subsection is substituted for subsection (1) of that section—

1
Each responsible body must take such steps as it is reasonable for it to have to take to ensure that—
a
in relation to its arrangements for enrolling persons on a course of further education provided by it, and
b
in relation to services provided or offered by it,
disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled.

15

In subsections (2) and (4) of section 28T, for “any of subsections (1) to (1D)” there is substituted “ subsection (1) ”.

16

In section 28W(1)(a) for “by an educational institution” there is substituted “ by a responsible body wholly or partly for the purpose of its functions ”.

17

Section 31A is omitted.

Part 2AModifications for Scotland – Recreational or Training Facilities

18

The following is substituted for section 28R—

28RRecreational or training facilities provided by education authorities

1
It is unlawful for an education authority to discriminate against a disabled person in the terms on which they provide, or offer to provide, recreational or training facilities.
2
In this Chapter —
“Responsible body” means an education authority;
“Education authority” has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

19

In section 28S (Meaning of “discrimination”), the following subsection is substituted for subsection (2)—

2
For the purposes of section 28R, a responsible body also discriminates against a disabled person if—
a
it fails, to his detriment, to comply with section 28T; and
b
it cannot show that its failure to comply is justified.

20

In section 28S (Meaning of “discrimination”), the following subsections are substituted for subsections (5) to (11)—

5
Subsections (6) to (9) apply in determining whether for the purposes of this section—
a
less favourable treatment of a person, or
b
failure to comply with section 28T,
is justified.
6
Less favourable treatment of a person is justified if it is necessary in order to maintain—
a
academic standards; or
b
standards of any other prescribed kind.
7
Less favourable treatment is also justified if—
a
it is of a prescribed kind;
b
it occurs in prescribed circumstances; or
c
it is of a prescribed kind and occurs in prescribed circumstances.
8
Otherwise less favourable treatment, or a failure to comply with section 28T, is justified only if the reason for it is both material to the circumstances of the particular case and substantial.
9
If, in a case falling within subsection (1)—
a
the responsible body is under a duty imposed by section 28T in relation to the disabled person, but
b
fails without justification to comply with that duty,
its treatment of that person cannot be justified under subsection (8) unless that treatment would have been justified even if it had complied with that duty.

21

Subsections (1A) to (1D) of section 28T are omitted and the following subsection is substituted for subsection (1) of that section—

1
Each responsible body must take such steps as it is reasonable for it to have to take to ensure that, in relation to services provided or offered by it for any recreational or training facilities, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled.

22

In subsections (2) and (4) of section 28T, for “any of subsections (1) to (1D)” there is substituted “ subsection (1) ”.

23

In section 28W(1)(a) for “by an educational institution” there is substituted “ by a responsible body wholly or partly for the purpose of its functions ”.

24

Sections 28SA, 28UA, 28UB, 28UC, 28V(1A) and 31A are omitted.

E89SCHEDULE 5 The National Disability Council

Section 50(8).

Annotations:

Extent Information

E89

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Status

I661

1

The Council shall be a body corporate.

2

The Council is not the servant or agent of the Crown and does not enjoy any status, immunity or privilege of the Crown.

Procedure

I672

The Council has power to regulate its own procedure (including power to determine its quorum).

Membership

I683

1

The Council shall consist of at least 10, but not more than 20, members.

2

In this Schedule “member”, except in sub-paragraph (5)(b), means a member of the Council.

C713

Each member shall be appointed by the Secretary of State.

F199 C723A

One of the members shall be a person who appears to the Secretary of State to have special knowledge of Scotland.

4

The Secretary of State shall appoint one member to be chairman of the Council and another member to be its deputy chairman.

5

The members shall be appointed from among persons who, in the opinion of the Secretary of State—

a

have knowledge or experience of the needs of disabled persons or the needs of a particular group, or particular groups, of disabled persons;

b

have knowledge or experience of the needs of persons who have had a disability or the needs of a particular group, or particular groups, of such persons; or

c

are members of, or otherwise represent, professional bodies or bodies which represent industry or other business interests.

6

Before appointing any member, the Secretary of State shall consult such persons as he considers appropriate.

7

In exercising his powers of appointment, the Secretary of State shall try to secure that at all times at least half the membership of the Council consists of disabled persons, persons who have had a disability or the parents or guardians of disabled persons.

Term of office of members

I694

1

Each member shall be appointed for a term which does not exceed five years but shall otherwise hold and vacate his office in accordance with the terms of his appointment.

2

A person shall not be prevented from being appointed as a member merely because he has previously been a member.

3

Any member may at any time resign his office by written notice given to the Secretary of State.

4

Regulations may make provision for the Secretary of State to remove a member from his office in such circumstances as may be prescribed.

Remuneration

I705

1

The Secretary of State may pay such remuneration or expenses to any member as he considers appropriate.

2

The approval of the Treasury is required for any payment made under this paragraph.

Staff

I716

The Secretary of State shall provide the Council with such staff as he considers appropriate.

Supplementary regulation-making power

I727

The Secretary of State may by regulations make provision—

a

as to the provision of information to the Council by the Secretary of State;

b

as to the commissioning by the Secretary of State of research to be undertaken on behalf of the Council;

c

as to the circumstances in which and conditions subject to which the Council may appoint any person as an adviser;

d

as to the payment by the Secretary of State, with the approval of the Treasury, of expenses incurred by the Council.

Annual report

I738

1

As soon as is practicable after the end of each financial year, the Council shall report to the Secretary of State on its activities during the financial year to which the report relates.

2

The Secretary of State shall lay a copy of every annual report of the Council before each House of Parliament and shall arrange for such further publication of the report as he considers appropriate.

E16SCHEDULE 6 Consequential Amendments

Section 70(4).

Annotations:

Extent Information

E16

In its application to Northern Ireland, this Schedule has effect as substituted by Sch. 8 para. 53, and the Schedule is amended (N.I.) (24.9.1996) by S.I. 1996/1919 (N.I. 16), art. 257, Sch. 3 (with Sch. 2)

Employment and Training Act 1973 (c. 50)

E131

In section 12(1) of the Employment and Training Act 1973 (duty of Secretary of State to give preference to ex-service men and women in exercising certain powers in respect of disabled persons) —

a

for “persons registered as handicapped by disablement” substitute “disabled persons”; and

b

for the words after “disabled person” substitute “has the same meaning as in the Disability Discrimination Act 1995.”

Employment Protection (Consolidation) Act 1978 (c. 44)

E142

F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118 E153

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Companies Act 1985 (c. 6)

4

In paragraph 9 of Schedule 7 to the Companies Act 1985 (disclosure in directors’ report of company policy in relation to disabled persons), in the definition of “disabled person” in sub-paragraph (4)(b), for “Disabled Persons (Employment) Act 1944” substitute “ Disability Discrimination Act 1995 ”.

Local Government and Housing Act 1989 (c. 42)

5

In section 7 of the Local Government and Housing Act 1989 (all staff of a local authority etc. to be appointed on merit), in subsection (2)—

a

paragraph (a) shall be omitted;

b

the word “and” at the end of paragraph (d) shall be omitted; and

c

after paragraph (e) insert—

; and
f
sections 5 and 6 of the Disability Discrimination Act 1995 (meaning of discrimination and duty to make adjustments).

Enterprise and New Towns (Scotland) Act 1990 (c. 35)

6

In section 16 of the Enterprise and New Towns (Scotland) Act 1990 (duty of certain Scottish bodies to give preference to ex-service men and women in exercising powers to select disabled persons for training), in subsection (2), for “said Act of 1944” substitute “ Disability Discrimination Act 1995 ”.

I38 E17SCHEDULE 7 Repeals

Section 70(5).

Annotations:

Commencement Information

I38

Sch. 7 not in force at Royal Assent see s. 70(3); Sch. 7 in force for specified purposes (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2 (3), Sch. Pt. III (with art. 3); Sch. 7 in force for specified purposes (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II (with art. 3)

Extent Information

E17

In its application to Northern Ireland, this Schedule has effect as substituted by Sch. 8 para. 53; see s. 70(6)

Chapter	Short title	Extent of repeal
7 & 8 Geo. 6 c. 10.	The Disabled Persons (Employment) Act 1944.	Section 1.
		Sections 6 to 14.
		Section 19.
		Section 21.
		Section 22(4).
6 & 7 Eliz. 2 c. 33.	The Disabled Persons (Employment) Act 1958.	Section 2.
1970 c. 44.	The Chronically Sick and Disabled Persons Act 1970.	Section 16.
1978 c. 44.	The Employment Protection (Consolidation) Act 1978.	In Schedule 13, in paragraph 20(3), the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”.
1989 c. 42.	The Local Government and Housing Act 1989.	In section 7(2), paragraph (a) and the word “and” at the end of paragraph (d).
1993 c. 62.	The Education Act 1993.	In section 161(5), the words from “and in this subsection” to the end.

E18SCHEDULE 8 Modifications of this Act in its application to Northern Ireland

Section 70(6).

Annotations:

Extent Information

E18

Sch. 8 extends to the United Kingdom but the operation of Sch. 8 is limited by application as mentioned in s. 70(6).

1

In its application to Northern Ireland this Act shall have effect subject to the following modifications.

2

1

In section 3(1) for “Secretary of State” substitute “ Department ”.

2

In section 3 for subsections (4) to (12) substitute—

4
In preparing a draft of any guidance, the Department shall consult such persons as it considers appropriate.
5
Where the Department proposes to issue any guidance, the Department shall publish a draft of it, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations.
6
If the Department decides to proceed with any proposed guidance, the Department shall lay a draft of it before the Assembly.
7
If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed guidance.
8
If no such resolution is made within the statutory period, the Department shall issue the guidance in the form of its draft.
9
The guidance shall come into force on such date as the Department may by order appoint.
10
Subsection (7) does not prevent a new draft of the proposed guidance being laid before the Assembly.
11
The Department may—
a
from time to time revise the whole or any part of any guidance and re-issue it ;
b
by order revoke any guidance.
12
In this section—
“the Department” means the Department of Economic Development;
“guidance” means guidance issued by the Department under this section and includes guidance which has been revised and re-issued;
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

3

In section 4(6) for “Great Britain” substitute “ Northern Ireland ”.

4

1

In section 7(2) for “Secretary of State” substitute “ Department of Economic Development ”.

2

In section 7(4) to (10) for “Secretary of State” wherever it occurs substitute “Department of Economic Development”, for “he” and “him” wherever they occur substitute “it” and for “his” wherever it occurs substitute “its”.

3

In section 7(9) for “Parliament” substitute “the Assembly”.

5

1

In section 8(3) omit “or (in Scotland) in reparation”.

2

In section 8(7) for “paragraph 6A of Schedule 9 to the Employment Protection (Consolidation) Act 1978” substitute “ F195Article 16 of the Industrial Tribunals (Northern Ireland Order 1996) ”.

6

1

In section 9(2)(a) for “a conciliation officer” substitute “ the Agency ”.

F1962

In section 9(4) in the definition of “qualified lawyer” for the words from “means” to the end substitute “ means a barrister (whether in practice as such or employed to give legal advice) or a solicitor of the Supreme Court who holds a practising certificate. ”.

7

1

In section 10(1)(b) omit “or recognised body”.

2

In section 10(2)(b) for “Secretary of State” substitute “ Department of Economic Development ”.

3

In section 10(3) in the definition of “charity” for “1993” substitute “ (Northern Ireland) 1964 ”, omit the definition of “recognised body” and in the definition of “supported employment” for “Act 1944” substitute “ Act (Northern Ireland) 1945 ”.

4

In section 10(4) for “England and Wales”where it twice occurs substitute “ Northern Ireland ”.

5

Omit section 10(5).

8

— In section 12(5) for “Great Britain” where it twice occurs substitute “ Northern Ireland ”.

9

1

In section 19(3)(g) for “section 2 of the Employment and Training Act 1973” substitute “ sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950 ”.

2

In section 19(5) for paragraph (a) substitute—

a
education which is funded, or secured, by a relevant body or provided at—
i
an establishment which is funded by such a body or by the Department of Education for Northern Ireland; or
ii
any other establishment which is a school within the meaning of the Education and Libraries (Northern Ireland) Order 1986;

3

For section 19(6) substitute—

6
In subsection (5) “relevant body” means—
a
an education and library board;
b
a voluntary organisation; or
c
a body of a prescribed kind.

10

In section 20(7) for paragraphs (b) and (c) substitute

; or
b
functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986 are exercisable in relation to a disabled person’s property or affairs.

11

In section 22(4) and (6) omit “or (in Scotland) the subject of”.

12

1

In section 25(1) omit “or (in Scotland) in reparation”.

2

In section 25(3) for “England and Wales” substitute “ Northern Ireland ”.

3

Omit section 25(4).

4

In section 25(5) omit the words from“or” to the end.

13

In section 26(3) omit “or a sheriff court”.

14

1

In section 28 for “Secretary of State” wherever it occurs substitute “ Department of Health and Social Services ”.

2

In section 28(3) and (4) for “he” substitute “it”.

3

In section 28(5) for “Treasury” substitute “ Department of Finance and Personnel in Northern Ireland ”.

15

Omit sections 29, 30 and 31.

16

1

In section 32(1) for “Secretary of State” substitute “ Department of the Environment ”.

2

In section 32(5) for the definition of “taxi” substitute—

“taxi” means a vehicle which—
a
is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to stand or ply for hire; and
b
seats not more than 8 passengers in addition to the driver

17

In section 33, for “Secretary of State”, wherever it occurs, substitute “ Department of the Environment ”.

18

For section 34 substitute—

34 New licences conditional on compliance with accessibility taxi regulations
1
The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.
2
Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.
3
The Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order.

19

Omit section 35.

20

In section 36(7) for “licensing authority” substitute “ Department of the Environment ”.

21

1

In section 37(5) and (6) for “licensing authority” substitute “ Department of the Environment ”.

2

In section 37(9) for “Secretary of State” substitute “ Department of the Environment ”.

F11921A

1

In section 37A(5) and (6) for “licensing authority” substitute “Department of the Environment”.

2

In section 37A(9) for the definitions of “driver”, “licensing authority”, “operator” and “private hire vehicle” substitute— “

“driver” means a person who holds a taxi driver’s licence under Article 79A of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1));
“operator” means a person who in the course of a business makes provision for the invitation or acceptance of bookings for a private hire vehicle;
“private hire vehicle” means a vehicle which—
1. a
  seats not more than 8 passengers in addition to the driver; and
2. b
  is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to carry passengers for hire (but not to stand or ply for hire). ”.

22

1

In section 38(1) for “a licensing authority” substitute “ the Department of the Environment ”.

2

In section 38(2) for “licensing authority concerned” substitute “ Department of the Environment ”.

3

In section 38(3) for the words from “the magistrates’ court” to the end substitute “ a court of summary jurisdiction acting for the petty sessions district in which the aggrieved person resides ”.

23

Omit section 39.

24

1

In section 40 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.

2

In section 40(5) for the definition of “public service vehicle” substitute—

“public service vehicle” means a vehicle which—
a
seats more than 8 passengers in addition to the driver; and
b
is a public service vehicle for the purposes of the Road Traffic (Northern Ireland) Order 1981;

3

In section 40(7) for the words from “the Disabled” to the end substitute “ such representative organisations as it thinks fit ”.

25

1

In section 41(2) for “Secretary of State” substitute “ Department of the Environment ”.

2

In section 41 for subsections (3) and (4) substitute—

3
Any person who uses a regulated public service vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

26

1

4

In section 46(11) for the words from “the Disabled” to the end substitute “ such representative organisations as it thinks fit ”.

31

1

In section 47 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.

2

In section 47(3) for the words “the Disabled Persons Transport Advisory Committee and such other persons as he” substitute “ such persons as it ” and for “he” substitute “ it ”.

32

Omit section 48(3).

33

1

In the heading to Part VI of this Act and in section 50(1) for “National Disability Council” substitute “ Northern Ireland Disability Council ”.

2

In section 50(2) for “the Secretary of State” in the first place where it occurs substitute “ a Northern Ireland department ” and in the other place where it occurs substitute “ that department ”.

3

In section 50(3) for “Secretary of State” substitute “ Department of Health and Social Services ”.

4

In section 50(7) for “the Secretary of State” substitute “ a Northern Ireland department ” and after “Crown” insert “ or a Northern Ireland department ”.

5

In section 50(9)(a) for sub-paragraphs (i) to (iv) substitute—

i
the Disabled Persons (Employment) Act (Northern Ireland) 1945;
F197ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
the Employment and Training Act (Northern Ireland) 1950;
iv
F198the Employment Rights (Northern Ireland) Order 1996 ; or

6

In section 50(10) for the words from “time when” to the end substitute

time when—
a
there are no committees in existence under section 17 of the Disabled Persons (Employment) Act (Northern Ireland) 1945; and
b
there is no person appointed to act generally under section 60(1) of this Act.

34

1

In section 51(1) for “the Secretary of State” substitute “ any Northern Ireland department ” and for “the Secretary of State’s” substitute “ that department’s ”.

2

In section 51(2) for “The Secretary of State” substitute “ A Northern Ireland department ”.

3

In section 51(4) for “a county court or a sheriff court” substitute “ or a county court ”.

4

In section 51(6) for “the Secretary of State” substitute “ a Northern Ireland department ”.

35

For section 52 substitute—

52 Further provisions about codes issued under section 51.
1
In this section—
“proposal” means a proposal made by the Council to a Northern Ireland department under section 51;
“responsible department”—
a
in relation to a proposal, means the Northern Ireland department to which the proposal is made,
b
in relation to a code, means the Northern Ireland department by which the code is issued; and
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.
2
In preparing any proposal, the Council shall consult—
a
such persons (if any) as the responsible department has specified in making its request to the Council; and
b
such other persons (if any) as the Council considers appropriate.
3
Before making any proposal the Council shall publish a draft, consider any representations made to it about the draft and, if it thinks it appropriate, modify its proposal in the light of any of those representations.
4
Where the Council makes any proposal, the responsible department may—
a
approve it;
b
approve it subject to such modifications as that department thinks appropriate; or
c
refuse to approve it.
5
Where the responsible department approves any proposal (with or without modifications) that department shall prepare a draft of the proposed code and lay it before the Assembly.
6
If, within the statutory period, the Assembly resolves not to approve the draft, the responsible department shall take no further steps in relation to the proposed code.
7
If no such resolution is made within the statutory period, the responsible department shall issue the code in the form of its draft.
8
The code shall come into force on such date as the responsible department may appoint by order.
9
Subsection (6) does not prevent a new draft of the proposed code from being laid before the Assembly.
10
If the responsible department refuses to approve a proposal, that department shall give the Council a written statement of the department’s reasons for not approving it.
11
The responsible department may by order revoke a code.

36

1

In section 53 for “Secretary of State” wherever it occurs substitute “ Department of Economic Development ”.

2

In section 53(1) for “he” substitute “it”.

3

In section 53(5) for “a county court or a sheriff court” substitute “ or a county court ”.

37

For section 54 substitute—

54 Further provisions about codes issued under section 53.
1
In preparing a draft of any code under section 53, the Department shall consult such organisations representing the interests of employers or of disabled persons in, or seeking, employment as the Department considers appropriate.
2
Where the Department proposes to issue a code, the Department shall publish a draft of the code, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations.
3
If the Department decides to proceed with the code, the Department shall lay a draft of it before the Assembly.
4
If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed code.
5
If no such resolution is made within the statutory period, the Department shall issue the code in the form of its draft.
6
The code shall come into force on such date as the Department may appoint by order.
7
Subsection (4) does not prevent a new draft of the proposed code from being laid before the Assembly.
8
The Department may by order revoke a code.
9
In this section—
“the Department” means the Department of Economic Development; and
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

38

In section 56(2) and (4) for “Secretary of State” substitute “ Department of Economic Development ”.

39

In section 59(1) after “Crown” where it twice occurs insert “ or a Northern Ireland department ”.

40

1

In section 60(1) to (3) for “Secretary of State” wherever it occurs substitute “ Department of Economic Development ” and for “he” and “him” wherever they occur substitute “ it ”.

2

In section 60(4) for “Treasury” substitute “ Department of Finance and Personnel in Northern Ireland ”.

3

For section 60(6) substitute—

6
The Department of Economic Development may by order repeal section 17 of, and Schedule 2 to, the Disabled Persons (Employment) Act (Northern Ireland) 1945 (district advisory committees).

4

In section 60(7) omit “paragraph (b) of”, for “1944” substitute “ 1945 ”and omit “in each case”.

5

In section 60, omit subsection (8).

41

For section 61 substitute—

61 Amendments of Disabled Persons (Employment) Act (Northern Ireland) 1945.
1
Section 15 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 (which gives the Department of Economic Development power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5).
2
In subsection (1)—
a
for “persons registered as handicapped by disablement” substitute “ disabled persons ”;
b
for “their disablement” substitute “ their disability ”; and
c
for “are not subject to disablement” substitute “ do not have a disability ”.
3
In subsection (2) for the words from “any of one or more companies” to “so required and prohibited” substitute “ any company, association or body ”.

4

After subsection (2) insert—

2A
The only kind of company which the Department itself may form in exercising its powers under this section is a company which is—
a
required by its constitution to apply its profits, if any, or other income in promoting its objects; and
b
prohibited by its constitution from paying any dividend to its members.

5

After subsection (5) insert—

5A
For the purposes of this section—
a
a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and
b
“disability” has the same meaning as in that Act.

6

The provisions of section 16 of the Act of 1945 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert—

and whose disability is due to that service.
2
or the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.

7

The following provisions of the Act of 1945 shall cease to have effect—

a

section 1 (definition of “disabled person”);

b

sections 2 to 4 (training for disabled persons);

c

sections 6 to 8 (the register of disabled persons);

d

sections 9 to 11 (obligations on employers with substantial staffs to employ quota of registered persons);

e

section 12 (the designated employment scheme for persons registered as handicapped by disablement);

f

section 13 (interpretation of provisions repealed by this Act);

g

section 14 (records to be kept by employer);

h

section 19 (proceedings in relation to offences);

j

sections 21 and 22 (supplementary).

8

Any statutory provision in which “disabled person” is defined by reference to the Act of 1945 shall be construed as if that expression had the same meaning as in this Act.

42

1

In section 62(2) for “Secretary of State” substitute “ Department of Economic Development ”.

F1202

In section 62(7) for “Great Britain” where it twice occurs substitute “ Northern Ireland ”.

43

Omit section 63.

44

1

In section 64(3) for “England and Wales” substitute “ Northern Ireland ”.

2

Omit section 64(4).

3

In section 64(5)(a) omit the words from “, the British” to the end.

4

In section 64(8)—

a

omit the definitions of “British Transport Police”, “Royal Parks Constabulary” and “United Kingdom Atomic Energy Authority Constabulary”;

b

in the definition of “the 1947 Act” at the end add “ as it applies both in relation to the Crown in right of Her Majesty’s Government in Northern Ireland and in relation to the Crown in right of Her Majesty’s Government in the United Kingdom ”;

c

in the definition of “fire brigade” for the words from “means” to the end substitute “ has the same meaning as in the Fire Services (Northern Ireland) Order 1984 ”;

d

in the definition of “prison officer” for the words from “means” to the end substitute “ means any individual who holds any post, otherwise than as a medical officer, to which he has been appointed under section 2(2) of the Prison Act (Northern Ireland) 1953 or who is a prison custody officer within the meaning of Chapter III of Part VIII of the Criminal Justice and Public Order Act 1994 ”;

e

in the definition of “service for purposes of a Minister of the Crown or government department” at the end add “ or service as the head of a Northern Ireland department ”.

45

Omit section 65.

46

For section 67 substitute—

67 Regulations and orders etc.
1
Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
2
Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.
3
Any such power, includes power—
a
to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and
b
to provide for a person to exercise a discretion in dealing with any matter.
4
No order shall be made under section 50(3) unless a draft of the order has been laid before and approved by a resolution of the Assembly.
5
Any other order made under this Act, other than an order under section 3(9), 52(8), 54(6) or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
6
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.
7
Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule.
8
Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).

47

1

For section 68(1) substitute—

1
In this Act—
“accessibility certificate” means a certificate issued under section 41(1)(a);
“act” includes a deliberate omission;
“the Agency” means the Labour Relations Agency;
“approval certificate” means a certificate issued under section 42(4);
“the Assembly” means the Northern Ireland Assembly;
“benefits”, in Part II, has the meaning given in section 4(4);
“the Department of Economic Development” means the Department of Economic Development in Northern Ireland;
“the Department of the Environment” means the Department of the Environment for Northern Ireland;
“the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland;
“employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly;
“employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (5);
“enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954;
“government department” means a Northern Ireland department or a department of the Government of the United Kingdom;
“Minister of the Crown” includes the Treasury;
“Northern Ireland department” includes (except in sections 51 and 52) the head of a Northern Ireland department;
“occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;
“premises”, includes land of any description;
“prescribed” means prescribed by regulations;
“profession” includes any vocation or occupation;
“provider of services” has the meaning given in section 19(2)(b);
“public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;
“PSV accessibility regulations” means regulations made under section 40(1);
“rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;
“rail vehicle accessibility regulations” means regulations made under section 46(1);
“regulations” means—
a
in Parts I and II of this Act, section 66, the definition of “employment” above and subsections (3) and (4) below, regulations made by the Department of Economic Development;
b
in Part V of this Act, regulations made by the Department of the Environment;
c
in any other provision of this Act, regulations made by the Department of Health and Social Services.
“section 6 duty” means any duty imposed by or under section 6;
“section 15 duty” means any duty imposed by or under section 15;
“section 21 duty” means any duty imposed by or under section 21;
“taxi” and “regulated taxi” have the meaning given in section 32;
“taxi accessibility regulations” means regulations made under section 32(1);
“trade” includes any business;
“trade organisation” has the meaning given in section 13;
“vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42.

a

for “a conciliation officer” wherever it occurs substitute “ the Agency ”;

b

in sub-paragraphs (1) and (4) for “he” substitute “ it ”;

c

in sub-paragraph (3) for “the conciliation officer” substitute “ the Agency ”.

2

In Schedule 3 for paragraph 4(1) substitute—

1
In any proceedings under section 8—
a
a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or
b
a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,
shall be conclusive evidence of the matters certified.

3

In Schedule 3 in paragraph 6(1) omit “or a sheriff court”.

4

In Schedule 3 for paragraph 8(1) substitute—

1
In any proceedings under section 25—
a
a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or
b
a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,
shall be conclusive evidence of the matters certified.

51

1

In Schedule 4 in paragraphs 2(1) and (5) and 7(1) and (5) omit “or sisted”.

2

In Schedule 4 in paragraph 4 for “Secretary of State” substitute “ Department of Economic Development ”.

3

In Schedule 4 in paragraph 6(1) omit “or, in Scotland, to the sheriff”.

4

In Schedule 4 omit paragraph 6(2).

5

In Schedule 4 in paragraph 9 for “Secretary of State” substitute “ Department of Health and Social Services ”.

52

1

In Schedule 5 in the heading for “National” substitute “ Northern Ireland ”.

2

In Schedule 5 for “Secretary of State” wherever it occurs substitute “ Department of Health and Social Services ”.

3

In Schedule 5 in paragraphs 3(6), 5(1), 6 and 8(2) for “he” substitute “it” and in paragraph 3(7) for “his” substitute “its”.

4

In Schedule 5 in paragraphs 5(2) and 7(d) for “Treasury” substitute “ Department of Finance and Personnel in Northern Ireland ”.

5

In Schedule 5 in paragraph 8(2) for “each House of Parliament” substitute “ the Assembly ”.

53

For Schedules 6 and 7 substitute—

SCHEDULE 6 Consequential Amendments
The Industrial Relations (Northern Ireland) Order 1976 (NI 16)
1
In Article 68(6) of the Industrial Relations (Northern Ireland) Order 1976 (reinstatement or re-engagement of dismissed employees)—
a
in the definition of “relevant complaint of dismissal”, omit “or” and at the end insert “ or a complaint under section 8 of the Disability Discrimination Act 1995 arising out of a dismissal ”;
b
in the definition of “relevant conciliation powers”, omit “or” and at the end insert “ or paragraph 1 of Schedule 3 to the Disability Discrimination Act 1995 ”;
c
in the definition of “relevant compromise contract” for “or Article” substitute “ Article ” and at the end insert “ or section 9(2) of the Disability Discrimination Act 1995 ”.
The Companies (Northern Ireland) Order 1986 (NI 6)
3
In paragraph 9 of Schedule 7 to the Companies (Northern Ireland) Order 1986 (disclosure in directors’ report of company policy in relation to disabled persons) in the definition of “disabled person” in sub-paragraph (4)(b) for “Disabled Persons (Employment) Act (Northern Ireland) 1945” substitute “ Disability Discrimination Act 1995 ”.
SCHEDULE 7 Repeals
Chapter
Short title
Extent of repeal
1945 c. 6 (N.I.)
The Disabled Persons (Employment) Act (Northern Ireland) 1945.
Sections 1 to 4.
Sections 6 to 14.
In section 16 the words “vocational training and industrial rehabilitation courses and”, the words “courses and” and the words from “and in selecting” to “engagement”.
Section 19.
Section 21.
Section 22.
1960 c. 4 (N.I.)
The Disabled Persons (Employment) Act (Northern Ireland) 1960.
The whole Act.
1976 NI16
The Industrial Relations (Northern Ireland) Order 1976.
In Article 68(6) the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”.

Chapter	Short title	Extent of repeal
1945 c. 6 (N.I.)	The Disabled Persons (Employment) Act (Northern Ireland) 1945.	Sections 1 to 4.
		Sections 6 to 14.
		In section 16 the words “vocational training and industrial rehabilitation courses and”, the words “courses and” and the words from “and in selecting” to “engagement”.
		Section 19.
		Section 21.
		Section 22.
1960 c. 4 (N.I.)	The Disabled Persons (Employment) Act (Northern Ireland) 1960.	The whole Act.
1976 NI16	The Industrial Relations (Northern Ireland) Order 1976.	In Article 68(6) the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”.

Disability Discrimination Act 1995

Part I Disability

I1C61 Meaning of “disability” and “disabled person”.

1

2

I22 Past disabilities.

1

2

3

4

5

I46E303 Guidance.

1

a

b

2

a

b

c

d

3

4

5

6

7

8

9

10

11

a

b

12

Part II Employment

F28Meaning of “discrimination” and “harassment”

3AMeaning of “discrimination”

1

a

b

2

3

4

5

6

3BMeaning of “harassment”

1

a

b

2

Discrimination by employers

C33E324 Discrimination against applicants and employees.

1

a

b

c

2

a

b

c

d

3

a

b

c

4

5

6

F135E2C354AC34Employers: duty to make adjustments

1

a

b

2

a

b

i

ii

3

a

b

C31I485 Meaning of “discrimination”.

1

I1 C61 Meaning of “disability” and “disabled person”.

I46 E303 Guidance.

C33 E324 Discrimination against applicants and employees.

F135 E2 C354AC34Employers: duty to make adjustments

C31 I485 Meaning of “discrimination”.

C32 I496 Duty of employer to make adjustments.