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Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1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)

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.

C8Part IIF74THE EMPLOYMENT FIELDF75 AND DISTRICT COUNCILSF76and members of locally-electable authorities

Annotations:

Amendments (Textual)

F74

Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (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(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)

F75

Pt. II heading: words inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 4}; S.R. 2007/466, art. 2(2)(l)

F76

Pt 2 heading: words inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 4; S.I 2005/2774, {art. 3(j)}

Modifications etc. (not altering text)

Pt. II applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(b); S.I. 2013/1682, art. 3(k)

F77Meaning of “discrimination” and “harassment”

Annotations:

Amendments (Textual)

F77

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”

1

For the purposes of this Part, a person subjects a disabled person to harassment where, for a reason which relates to the disabled person’s disability, he engages in unwanted conduct which has the purpose or effect of—

a

violating the disabled person’s dignity, or

b

creating an intimidating, hostile, degrading, humiliating or offensive environment for him.

2

Conduct shall be regarded as having the effect referred to in paragraph (a) or (b) of subsection (1) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect.

F18Employment

Annotations:

Amendments (Textual)

F18

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

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

a disabled person who has applied to him for employment.

4

a

that provision differs in a material respect from the provision of the benefits by the employer to his employees;

b

the provision of the benefits to the employee in question is regulated by his contract of employment; or

c

the benefits relate to training.

5

The reference in subsection (2)(d) to the dismissal of a person includes a reference –

a

b

6

This section applies only in relation to employment at an establishment in Northern Ireland.

F479 E2 C564AC55Employers: 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

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).

F165 Meaning of “discrimination”

F475. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F176 Duty of employer to make adjustments.

F476. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Exemption for small businesses.

F477. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81F79Contract workers

Annotations:

Amendments (Textual)

F81

Ss. 4-4K and cross-headings substituted for s. 4 and preceding cross-heading (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), 5(1)

F79

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)

E4 C58 C594BF78Contract 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.

E54BF20Contract 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

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,

5

6

7

8

This section applies only in relation to contract work done at an establishment in Northern Ireland (the provisions of section 68 about the meaning of “employment at an establishment in Northern Ireland” 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.

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.

E74DOffice-holders: discrimination and harassment

1

It is unlawful for a relevant person, in relation to an appointment to an office or post to which this section applies, to discriminate against a disabled person –

a

in the arrangements which he makes for the purpose of determining who should be offered the appointment;

b

in the terms on which he offers him the appointment; or

c

by refusing to offer him the appointment.

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).

E84EOffice-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

at or from which the functions of an office or post to which this section applies are performed,

2

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

is being considered for appointment to, or (as the case may be) for a recommendation or approval in relation to, that office or post; or

b

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

E101 C66 C674FF79Office-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.

E94FOffice-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

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

i

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).

E104GF81Occupational pension schemes: non-discrimination rule

1

Every occupational pension scheme shall be taken to include a provision (“the non-discrimination rule”) containing the following requirements –

they have such power but the procedure for doing so –

i

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 E1204HC73 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

E1214IC74 Occupational pension schemes: procedure

1

Where under section 17A F522 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 F523 as at the date of coming into force of this section.

E124IOccupational pension schemes: procedure

1

Where under section 17A a relevant disabled person presents a complaint to an industrial 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 Article 121(1) of the Pensions (Northern Ireland) Order 1995 F23 as at the date of coming into operation 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).

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).

E1224KC76 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 F524 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.

E144KOccupational 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 Article 121(1) of the Pensions (Northern Ireland) Order 1995 as at the date of coming into operation 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.

F83F82Partnerships

Annotations:

Amendments (Textual)

F83

Ss. 6A-6C 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), 6

F82

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}

E1026AF82Partnerships: 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—

a

to the termination of that person’s partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and

b

to the termination of that person’s partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.

E166AF83Partnerships: 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

4

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

a

b

E1036BF82Partnerships: duty to make adjustments

1

Where—

a

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

b

any physical feature of premises occupied by the firm,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the firm 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

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

a

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

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 E1046CF82Partnerships: 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 F495.

4

In sections 6A and 6B and in this section, “firm” has the meaning given by section 4 of the Partnership Act 1890 F496.

E186CF83Partnerships: 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

3

4

In sections 6A and 6B and in this section, “firm” has the meaning given by section 4 of the Partnership Act 1890 F25.

F84Barristers and advocatesF85Barristers

Annotations:

Amendments (Textual)

F84

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.

F85

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

E1057AF84Barristers: 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 a barrister, to discriminate against a disabled person or to subject him to harassment.

5

In this section and section 7B “pupil” has the meaning commonly associated with its use in the context of a person training as a barrister.

E1067BF84Barristers: duty to make adjustments

1

Where—

a

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

b

any physical feature of premises occupied by a barrister or a barrister’s clerk,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the barrister or barrister’s clerk 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 a case where subsection (1) applies in relation to two or more barristers in a set of chambers, the duty in that subsection is a duty on each of them to take such steps as it is reasonable, in all of the circumstances of the case, for him to have to take.

3

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

a

in the case of a provision, criterion or practice for determining to whom a pupillage or tenancy should be offered, any disabled person who is, or has notified the barrister or the barrister’s clerk concerned that he may be, an applicant for a pupillage or tenancy;

b

in any other case, a disabled person who is—

i

a tenant;

ii

a pupil; or

iii

an applicant for a pupillage or tenancy.

4

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

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).

7CF84Advocates: discrimination and harassment

1

It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a disabled person—

a

in the arrangements which he makes for the purpose of determining whom he will take as his pupil;

b

in respect of any terms on which he offers to take the disabled person as his pupil; or

c

by refusing, or deliberately omitting, to take the disabled person as his pupil.

2

It is unlawful for an advocate, in relation to a disabled person who is a pupil, to discriminate against him—

a

in respect of any terms applicable to him as a pupil;

b

in the opportunities for training, or gaining experience, which are afforded or denied to him;

c

in the benefits which are afforded or denied to him;

d

by terminating the relationship or by subjecting him to any pressure to leave; or

e

by subjecting him to any other detriment.

3

It is unlawful for an advocate, in relation to taking any person as his pupil, to subject to harassment a disabled person who is, or has applied to be taken as, his pupil.

4

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.

7DF84Advocates: 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).

F32 Enforcement etc.

Annotations:

Amendments (Textual)

F32

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}

F26 E21 I48 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.

9 Validity of certain agreements.

F481. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 F30 Charities and support for particular groups of persons.

F482. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11 Advertisements suggesting that employers will discriminate against disabled persons

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discrimination by other persons

12 Discrimination against contract workers.

F483. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15 Appeal against refusal of exemption certificate.

F484. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87F86Trade and professional bodies

Annotations:

Amendments (Textual)

F87

Ss. 13-14D and cross-headings substituted for ss. 13-15 (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.I. 2004/55), regs. 1(2)(3), 13

F86

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

any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.

any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.

E108 X414F86Trade organisations: duty to make adjustments

1

Where—

a

a provision, criterion or practice applied by or on behalf of a trade organisation, or

b

any physical feature of premises occupied by the organisation,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the organisation to take such steps as it is reasonable, in all the circumstances of the case, for it 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 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

a

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

b

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

E2214AF86Qualifications bodies: discrimination and harassment

1

It is unlawful for a qualifications body to discriminate against a disabled person—

a

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 board;
2. b
  the Board of Governors of a grant-aided school;
3. c
  the proprietor of an independent school;
4. d
  the Council for Catholic Maintained Schools;
5. e
  the governing body of a university;
6. f
  the governing body of an instutution of further education;
7. g
  the managers of a college of education;
8. h
  the governing body of the College of Agriculture, Food and Rural Enterprise;
“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.

6

Words and expressions used in the definition of “qualifications body”in subsection (5) to which a meaning is assigned by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 F33 have the same meaning as in that Order.

E10914BF86Qualifications 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,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the qualifications body to take such steps as it is reasonable, in all the circumstances of the case, for it 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 on whom a professional or trade qualification is to be conferred, any disabled person who is, or has notified the qualifications body that he may be, an applicant for the conferment of that qualification;

b

in any other case, a disabled person who—

i

“work placement” means practical work experience undertaken for a limited period for the purposes of a person’s vocational training;
“placement provider” means any person who provides a work placement to a person whom he does not employ.

5

This section and section 14D do not apply to a work placement undertaken in any of the naval, military and air forces of the Crown.

to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act.

4

In this section and section 14D –

“work placement” means practical work experience undertaken for a limited period for the purposes of a person’s vocational training;
“placement provider” means any person who provides a work placement to a person whom he does not employ.

5

This section and section 14D do not apply to a work placement undertaken in any of the naval, military and air forces of the Crown.

E11114DF86Practical work experience: duty to make adjustments

1

Where—

a

a provision, criterion or practice applied by or on behalf of a placement provider, or

b

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

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).

F88Relationships between locally-electable authorities and their membersF89Relationships between district councils and their members

Annotations:

Amendments (Textual)

F88

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)

F89

Ss. 15A-15C and cross-heading inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1), ss. 1(2), 3; S.R. 2007/466, art. {2(2)(a)}

15AF88Interpretation 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

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.

E3015BF89Councils and their members: discrimination and harassment

1

It is unlawful for a council to discriminate against a disabled person who is a member of the council—

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 a council to subject a disabled person who is a member of the council to harassment in connection with his carrying-out of official business.

3

A member of a council 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 council;

b

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

c

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

4

5

6

If, in a case falling within section 3A(1) as it has effect for the interpretation of “discriminate” in subsection (1), a council 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.

15CF88Authorities 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,

places a disabled person who is a member of the authority at a substantial disadvantage, in comparison with members of the authority who are not disabled persons, in connection with his carrying-out of official business.

2

It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

3

Subsection (2) does not impose any duty on an authority to which this section applies in relation to a member of the authority who is a disabled person if the authority does not know, and could not reasonably be expected to know, that the member—

a

has a disability; and

b

is likely to be affected in the way mentioned in subsection (1).

4

Regulations may make provision, for purposes of this section—

a

as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken to have the effect mentioned in subsection (1);

b

as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken not to have the effect mentioned in subsection (1);

c

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

d

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

e

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

E3115CF89Councils and their members: duty to make adjustments

1

Subsection (2) applies where—

a

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

b

any physical feature of premises occupied by, or under the control of, a council,

places a disabled person who is a member of the council at a substantial disadvantage, in comparison with members of the council who are not disabled persons, in connection with his carrying-out of official business.

2

It is the duty of the council to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

3

Subsection (2) does not impose any duty on a council in relation to a member of the council who is a disabled person if the council does not know, and could not reasonably be expected to know, that the member—

a

has a disability; and

b

is likely to be affected in the way mentioned in subsection (1).

4

Regulations may make provision, for purposes of this section—

a

as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken to have the effect mentioned in subsection (1);

b

as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken not to have the effect mentioned in subsection (1);

c

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

d

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

e

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

F36. . .

Annotations:

Amendments (Textual)

F36

Cross-heading preceding s. 16 omitted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 14(1) and said cross-heading repealed (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). {14(1)}

16 Alterations to premises occupied under leases.

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91F90Other unlawful acts

Annotations:

Amendments (Textual)

F91

Ss. 16A-16C 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), 15

F90

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,

h

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

i

any employment services F504. . . .

4

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

F5055

Proceedings in respect of a contravention of subsection (1) may be brought only—

a

by the Commission for Equality and Human Rights, and

b

in accordance with section 25 of the Equality Act 2006.

E3316BF91Discriminatory advertisements

F391

It is unlawful for a person to publish or cause to be published an advertisement which—

a

invites applications for a relevant appointment or benefit; and

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 pupillage (within the meaning of section 7A);

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 F43. . . .

4

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

E11416CF90Instructions 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,

to instruct him to do any act which is unlawful under this Part or, to the extent that it relates to the provision of employment services, Part 3, or to procure or attempt to procure the doing by him of any such act.

2

It is also unlawful to induce, or attempt to induce, a person to do any act which contravenes this Part or, to the extent that it relates to the provision of employment services, Part 3 by—

a

providing or offering to provide him with any benefit, or

b

subjecting or threatening to subject him to any detriment.

3

An attempted inducement is not prevented from falling within subsection (2) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.

F5064

Proceedings in respect of a contravention of this section may be brought only—

providing or offering to provide him with any benefit, or

b

subjecting or threatening to subject him to any detriment.

3

An attempted inducement is not prevented from falling within subsection (2) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.

F44. . .

Annotations:

Amendments (Textual)

F44

Cross-heading preceding s. 17 repealed (E.W.S.) (1.12.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Pensions) Regulations (S.I. 2003/2770), regs. 1(2)(3), {4(1)} and said cross-heading repealed (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {5(2)}

17 Occupational pension schemes.

F485. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56 Enforcement etc.

Annotations:

Amendments (Textual)

F56

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)

F507 E115 I517A Enforcement, remedies and procedure.

1

A complaint by any person that another person—

a

has discriminated against him F508, 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 F509done so,

may be presented to an F510employment tribunal.

F5111A

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

F517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F512employment 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 F513employment 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 F514section 14 of F515the Employment Tribunals Act 1996 (power to make provision as to interest on sums payable in pursuance of F516employment 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.

F45 E116 I517A Enforcement, remedies and procedure.

1

A complaint by any person that another person—

a

has discriminated against him F46, 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 F47done so,

may be presented to an industrial tribunal.

F481A

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

F493

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

F507

Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 F51 (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.

17BF58Enforcement of sections F5416B(1) and 16C

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E3517BF57Enforcement of sections F5216B(1) and 16C

1

Only the Commission may bring proceedings in respect of a contravention of section F5216B(1) (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 industrial tribunal a complaint that a person has done an act which is unlawful under section F5216B(1) 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 F5216B(1) 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 F53section 16B(1) or (as the case may be) section 16C,

the Commission may apply to a county court for an injunction restraining him from doing such an act; and the court, if satisfied that the application is well-founded, may grant the injunction 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 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 industrial 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 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.

10

In this section “the Commission” means the Equality Commission for Northern Ireland.

F5817CValidity of contracts, collective agreements and rules of undertakings

Schedule 3A shall have effect.

E3617CF57Validity of contracts, collective agreements and rules of undertakings

Schedule 3A shall have effect.

F92Supplementary and general

Annotations:

Amendments (Textual)

F92

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)}

18 Insurance services.

F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60 I6 C68 C69 C7 C70 C7118A Alterations to premises occupied under leases.

1

This section applies where—

a

F61a 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 F62that 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.

F632A

Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided—

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.

F6918BReasonable 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.

F64 E11718C 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 M19Charities Act 1993;
“recognised body” means a body which is a recognised body for the purposes of Part I of the M20Law 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 M21Disabled 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.

F70 E3718CCharities 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 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 Department for Employment and Learning 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;
“charitable purposes” means purposes which are exclusively charitable according to the law of Northern Ireland;
“charity” has the same meaning as in Charities Act (Northern Ireland) 1964 F65; and
“supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 F66.

F72 E11818DInterpretation 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” F518, except in sections 4G to 4K, 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, F5194H, 6B, 7B, 7D, 14, 14B, 14D F520, 15C 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 F521(subject to any provision under section 15C(4)(e)) 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.

E3818DF71Interpretation of Part II

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”, except in sections 4G to 4K, 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, 4H, 6B, 7B, 14, 14B, 14D F67, 15C 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 F68(subject to any provision under section 15C(4)(e)) 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.

F7318EPremises 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

F5315

Regulations may provide for subsection (1) and section 21(1), (2) and (4) not to apply, or to apply only to a prescribed extent, in relation to a service of a prescribed description.

F5325A

Nothing in this section or sections 20 to 21A applies to the provision of a service in relation to which discrimination is unlawful under Part 4.

6

F529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I7 E13019 Discrimination in relation to goods, facilities and services.

1

It is unlawful for a provider of services to discriminate against a disabled person—

a

in refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public;

the services of any profession or trade, or any local or other public authority.

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.

F954A

F965

Regulations may provide for subsection (1) and section 21(1), (2) and (4) not to apply, or to apply only to a prescribed extent, in relation to a service of a prescribed description.

F976

Nothing in this section or sections 20 to 21A applies to the provision of a service in relation to which discrimination is unlawful under Part III of the 2005 Order.

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.

F103 E13321ZAApplication of sections 19 to 21 to transport vehicles

C771

In this section—

“transport service” means a service which (to any extent) involves transport of people by vehicle;
“vehicle” means a vehicle for transporting people by land, air or water, and includes (in particular)—
1. a
  a vehicle not having wheels, and
2. b
  a vehicle constructed or adapted to carry passengers on a system using a mode of guided transport;
“guided transport” means transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way).

F10421AEmployment services

1

In F533this Act, “employment services” means—

a

vocational guidance;

b

vocational training; or

c

services to assist a person to obtain or retain employment, or to establish himself as self-employed.

2

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 ”;

F534c

in subsection (2), for “sections 20 to 21ZA” there is substituted “ sections 20 to 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.

F104 E13221AEmployment services

1

In F100this Act , “employment services” means—

a

vocational guidance;

b

vocational training; or

c

services to assist a person to obtain or retain employment, or to establish himself as self-employed.

2

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 II.

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 ”;

F101c

in subsection (2), for “sections 20 to 21ZA” there were substituted sections 20 to 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

b

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

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

F131F132Public authorities

Annotations:

Amendments (Textual)

F131

Ss. 21B-21E and cross-heading inserted (N.I.) (3.7.2006 for ss. 21D and 21E for the purpose only of exercising any power to make regulations, orders or rules of court, and otherwise 31.12.2007 for all remaining purposes and for all inserted sections) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312) (N.I. 1), arts. 1(2), 4; S.R. 2006/289, art. 2(2)(a); S.R. 2007/466, art. 2(2)(b)

F132

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)

1

It is unlawful for a public authority to discriminate against a disabled person in carrying out its functions.

2

In this section, and sections 21D and 21E, “public authority”—

a

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

b

does not include any person mentioned in subsection (3).

3

The persons are—

a

either House of Parliament;

b

a person exercising functions in connection with proceedings in Parliament;

c

the Assembly;

d

a person exercising functions in connection with proceedings in the Assembly;

e

the Security Service;

f

the Secret Intelligence Service;

g

the Government Communications Headquarters; and

section 4F(1) (but not section 4C(5)) was omitted.

10

Subsections (8) and (9)—

a

shall not be taken to prejudice the generality of subsection (1); but

b

are subject to section 21C(5).

where such a decision is made—

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.

E4121CF131Exceptions from section 21B(1)

1

Section 21B(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 21B(1) does not apply to any act of, or relating to, making, confirming or approving an enactment.

3

Section 21B(1) does not apply to any act of, or relating to, imposing conditions or requirements of a kind falling within section 59(1)(c).

4

Section 21B(1) does not apply to—

a

a decision not to institute criminal proceedings;

b

where such a decision is made, an act done for the purpose of enabling the decision to be made;

c

a decision not to continue criminal proceedings; or

d

where such a decision is made—

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.

21DF132Meaning 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

c

make provision for purposes of this section (in addition to any provision for the time being made by subsections (3) to (5)) as to circumstances in which treatment, or a failure to comply with a duty, is to be taken to be justified.

E4221DF131Meaning 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

unreasonably adverse for the disabled person to experience being subjected to any detriment to which a person is or may be subjected,

b

alter it so that it no longer has that effect;

c

provide a reasonable means of avoiding the feature; or

d

adopt a reasonable alternative method of carrying out the function.

5

Regulations may prescribe—

a

matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection (4)(c) or (d) is reasonable;

b

categories of public authorities to whom subsection (4) does not apply.

6

Subsection (7) applies where an auxiliary aid or service would—

a

enable disabled persons to receive, or facilitate the receiving by disabled persons of, any benefit that is or may be conferred, or

b

reduce the extent to which it is adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,

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.

E4321EF131Duty for purposes of section 21D(2) to make adjustments

1

Subsection (2) applies where a public authority has a practice, policy or procedure which makes it—

a

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

b

unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,

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

2

3

Subsection (4) applies where a physical feature makes it—

a

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

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 F133Private clubs etc.

Annotations:

Amendments (Textual)

F133

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”

4

It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in, or (in Scotland) the subject of, a tenancy to discriminate against a disabled person by withholding his licence or consent for the disposal of the premises to the disabled person.

5

Subsection (4) applies to tenancies created before as well as after the passing of this Act.

6

In this section—

“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.

F11422ACommonholds

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.

C2023 Exemption for small dwellings.

1

5

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

premises shall be treated as let by a person to another where a person has granted another a contractual licence to occupy them.

5

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

F11724BExceptions 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.

E46 C2224BF115Exceptions 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.

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

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

F11724FLet premises: victimisation of persons to whom premises are let

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.

F11724GPremises 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.

E5124GF115Premises 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.

F11724HExceptions 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.

E52 C2324HF115Exceptions to section 24G(1)

1

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 F11724JDuties 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.

E5324JF115Duties 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

3

Subsection (4) applies where—

a

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

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.

amend or omit a condition specified in subsection (2) or make provision for it not to apply in prescribed circumstances;

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.

E5424KF115Let premises and premises to let: justification

1

For the purposes of sections 24A(2) and 24G(2), a person's failure to comply with a duty is justified only if—

a

in his opinion, a condition mentioned in subsection (2) is satisfied; and

b

it is reasonable, in all the circumstances of the case, for him to hold that opinion.

2

The conditions are—

a

that it is necessary to refrain from complying with the duty in order not to endanger the health or safety of any person (which may include that of the disabled person concerned);

C24b

that the disabled person concerned is incapable of entering into an enforceable agreement, or of giving informed consent, and for that reason the failure is reasonable.

3

Regulations may—

a

b

amend or omit a condition specified in subsection (2) or make provision for it not to apply in prescribed circumstances;

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.

F11724LSections 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).

E5524LF115Sections 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

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

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

F11824MPremises 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.

E5624MF116Premises 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 II 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 I or II of Part III of the 2005 Order, or

ii

by an authority in discharging any functions mentioned in Article 19(1) of the 2005 Order; 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

“Part II 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 II 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.

E12525 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

i

has subjected him to harassment in a way which is unlawful under section 21A(2), or

ii

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

may be presented as a complaint to an employment tribunal.

9

Section 17A(1A) to (7) and paragraphs 3 and 4 of Schedule 3 apply in relation to a complaint under subsection (8) as if it were a complaint under section 17A(1) (and paragraphs 6 to 8 of Schedule 3 do not apply in relation to such a complaint).

E12625 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 F119. . . for breach of statutory duty.

2

3

1

This section applies where—

a

a provider of services F127, a public authority (within the meaning given by section 21B) or an association to which section 21F applies(“the occupier”) occupies premises under a lease;

b

but for this section, F128the 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 a section 21 duty F129or a duty imposed under section 21E or 21H.

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.

E12328 Conciliation of disputes.

F525. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E124 I1228F130 Conciliation of disputes.

1

The Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to disputes arising under this Part.

2

In deciding what arrangements (if any) to make, the Commission shall have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes arising under this Part which the parties may wish to refer to conciliation.

3

No member or employee of the Commission may provide conciliation services in relation to disputes arising under this Part.

4

The Commission shall ensure that any arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by a person in connection with the provision of conciliation services in pursuance of the arrangements.

5

Subsection (4) does not apply to information relating to a dispute which is disclosed with the consent of the parties to that dispute.

6

Subsection (4) does not apply to information which—

a

is not identifiable with a particular dispute or a particular person; and

b

is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned.

7

Anything communicated to a person while providing conciliation services in pursuance of any arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it to that person.

8

In this section—

“the Commission” means the Equality Commission for Northern Ireland; and
“conciliation services” means advice and assistance provided by a conciliator to the parties to a dispute with a view to promoting its settlement otherwise than through the courts.

C28Part IV Education

Annotations:

Modifications etc. (not altering text)

C28

Pt. 4: power to amend or repeal Pt. 4 conferred (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26

F143Chapter 1 SCHOOLS

Annotations:

Amendments (Textual)

F143

Pt. IV: Chapter heading, cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F134Duties of responsible bodies

Annotations:

Amendments (Textual)

F134

Pt. IV Ch. 1: Cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F56128A Discrimination against disabled pupils and prospective pupils

1

It is unlawful for the body responsible for a school to discriminate against a disabled person—

a

in the arrangements it makes for determining admission to the school as a pupil;

b

in the terms on which it offers to admit him to the school as a pupil; or

c

by refusing or deliberately omitting to accept an application for his admission to the school as a pupil.

2

It is unlawful for the body responsible for a school to discriminate against a disabled pupil in the education or associated services provided for, or offered to, pupils at the school by that body.

3

The Secretary of State may by regulations prescribe services which are, or services which are not, to be regarded for the purposes of subsection (2) as being—

a

education; or

b

an associated service.

4

It is unlawful for the body responsible for a school to discriminate against a disabled pupil by excluding him from the school, whether permanently or temporarily.

5

The body responsible for a school is to be determined in accordance with Schedule 4A, and in the remaining provisions of this Chapter is referred to as the “responsible body”.

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.

F56228B Meaning of “discrimination”

b

failure to comply with section 28C,

is justified.

6

Less favourable treatment of a person is justified if it is the result of a permitted form of selection.

7

Otherwise, less favourable treatment, or a failure to comply with section 28C, is justified only if the reason for it is both material to the circumstances of the particular case and substantial.

8

If, in a case falling within subsection (1)—

a

the responsible body is under a duty imposed by section 28C in relation to the disabled person, but

b

it fails without justification to comply with that duty,

its treatment of that person cannot be justified under subsection (7) unless that treatment would have been justified even if it had complied with that duty.

it is made by that person’s parent; or

b

it is made by that person himself and the responsible body reasonably believes that he has sufficient understanding of the nature of the request and of its effect.

8

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

28DF547 Accessibility strategies and plans

C911

Each local education authority must prepare, in relation to schools for which they are the responsible body—

a

an accessibility strategy;

b

further such strategies at such times as may be prescribed.

C912

An accessibility strategy is a strategy for, over a prescribed period—

a

increasing the extent to which disabled pupils can participate in the schools’ curriculums;

b

improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the schools; and

c

improving the delivery to disabled pupils—

i

within a reasonable time, and

ii

c

improving the delivery to disabled pupils—

i

within a reasonable time, and

ii

in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,

of information which is provided in writing for pupils who are not disabled.

10

An accessibility plan must be in writing.

11

During the period to which the plan relates, the responsible body must keep its accessibility plan under review and, if necessary, revise it.

12

It is the duty of the responsible body to implement its accessibility plan.

13

An inspection under the F552Part 1 of the Education Act 2005 may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan.

14

For a maintained school F548or maintained nursery shcool, the duties imposed by subsections (8) to (12) are duties of the governing body.

15

Regulations may prescribe services which are, or services which are not, to be regarded for the purposes of this section as being—

a

education; or

b

an associated service.

16

In this section and in section 28E, “local education authority” has the meaning given in section 12 of the Education Act 1996.

F55017

In this section—

“prescribed” means prescribed in regulations;
“regulations” means—
1. a
  in relation to England, regulations made by the Secretary of State, and
2. b
  in relation to Wales, regulations made by the F553Welsh Ministers.

18

“Disabled pupil” includes a disabled person who may be admitted to the school as a pupil.

19

“Maintained school” and “independent school” have the meaning given in section 28Q(5).

28EF554 Accessibility strategies and plans: procedure

1

In preparing their accessibility strategy, a local education authority must have regard to—

a

the need to allocate adequate resources for implementing the strategy; and

b

any guidance issued as to—

i

the content of an accessibility strategy;

ii

the form in which it is to be produced; and

iii

the persons to be consulted in its preparation.

2

A local education authority must have regard to any guidance issued as to compliance with the requirements of section 28D(4).

3

Guidance under subsection (1)(b) or (2) may be issued—

a

for England, by the Secretary of State; and

b

for Wales, by the F558Welsh Ministers.

4

In preparing an accessibility plan, the responsible body must have regard to the need to allocate adequate resources for implementing the plan.

5

If the Secretary of State asks for a copy of—

a

the accessibility strategy prepared by a local education authority in England, or

b

the accessibility plan prepared by the proprietor of an independent school (other than F555an Academy) in England,

the strategy or plan must be given to him.

6

If the F559Welsh Ministers ask for a copy of—

a

the accessibility strategy prepared by a local education authority in Wales, or

b

the accessibility plan prepared by the proprietor of an independent school F556(other than an Academy) in Wales,

the strategy or plan must be given to F560them.

7

If asked to do so, a local education authority must make a copy of their accessibility strategy available for inspection at such reasonable times as they may determine.

8

If asked to do so, the proprietor of an independent school which is not F557an Academy must make a copy of his accessibility plan available for inspection at such reasonable times as he may determine.

F135Residual duty of education authorities

Annotations:

Amendments (Textual)

F135

Pt. IV Ch. 1: Cross-heading and ss. 28F, 28G inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F60628F Duty of education authorities not to discriminate

1

This section applies to—

a

the functions of a local education authority under the Education Acts; and

b

the functions of an education authority under—

i

the Education (Scotland) Act 1980;

ii

the Education (Scotland) Act 1996; F607. . .

iii

the Standards in Scotland’s Schools etc. Act 2000.F608; and

iv

the Education (Additional Support for Learning) (Scotland) Act 2004 F609.

2

But it does not apply to any prescribed function.

3

In discharging a function to which this section applies, it is unlawful for the authority to discriminate against—

a

a disabled pupil; or

b

a disabled person who may be admitted to a school as a pupil.

4

But an act done in the discharge of a function to which this section applies is unlawful as a result of subsection (3) only if no other provision of this Chapter makes that act unlawful.

5

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.

6

In this section and section 28G, “local education authority” has the meaning given in section 12 of the Education Act 1996.

7

“The Education Acts” has the meaning given in section 578 of the Education Act 1996.

8

In this section and section 28G, “education authority” has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

in relation to Scotland, an education authority.

F138 Enforcement: England and Wales

Annotations:

Amendments (Textual)

F138

Pt. IV Ch. 1: Cross-heading and s. 28H inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 17(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F589 C9228HF136Tribunals

1

F591. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5902

In this Chapter—

F592. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the Welsh Tribunal” means the Special Educational Needs Tribunal for Wales.

if it does so, it may make such order as it considers reasonable in all the circumstances of the case.

4

The power conferred by subsection (3)(b)—

a

may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person concerned of any matter to which the claim relates; but

b

does not include power to order the payment of any sum by way of compensation.

F5975

Subject to regulations under section 28J(8), the appropriate tribunal—

a

for a claim against the responsible body for a school in England, is the F598First-tier Tribunal,

b

for a claim against the responsible body for a school in Wales, is the Welsh Tribunal.

28IAJurisdiction and powers of the Tribunal – Wales

1

A claim that a responsible body for a school in Wales—

a

has discriminated against a person (“the relevant person”) in a way which is made unlawful under this Chapter, or

b

is by virtue of section 58 to be treated as having discriminated against the relevant person in such a way,

may be made to the Welsh Tribunal by that relevant person.

2

But this section does not apply to a claim to which section 28K or 28L applies.

3

The relevant person's right to claim is exercisable concurrently with the right of the relevant person's parent under section 28I.

4

If the Welsh Tribunal considers that a claim under subsection (1) is well founded—

a

it may declare that the relevant person has been unlawfully discriminated against, and

b

if it does so, it may make such order as it considers reasonable in all the circumstances of the case.

5

The power conferred by subsection (4)(b)—

a

may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person concerned of any matter to which the claim relates, but

b

does not include power to order the payment of any sum by way of compensation.

6

The exercise of rights under this section is subject to provision made by regulations under sections 28IB and 28J.

a special school not maintained by a local authority.

6

In this section, sections 28IC, 28ID and 28IE "local authority" has the meaning given by section 579(1) of the Education Act 1996.

28ICAdvice and information — Wales

1

A local authority in Wales must arrange for any disabled child in their area and for the case friend of any such child to be provided with advice and information about matters relating to disability discrimination in schools.

2

In making the arrangements, the authority must have regard to any guidance given by the Welsh Ministers.

3

The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

4

The authority must take such steps as they consider appropriate for making the services provided under subsection (1) known to—

a

disabled children in their area,

b

parents of disabled children in their area,

c

head teachers and proprietors of schools in their area, and

d

such other persons as they consider appropriate.

28IDResolution of disputes — Wales

1

A local authority in Wales must make arrangements with a view to avoiding or resolving disagreements between responsible bodies and disabled children in their area about matters made unlawful under this chapter or to be treated as discrimination by virtue of section 58.

2

The arrangements must provide for the appointment of independent persons with the functions of facilitating the avoidance or resolution of such disagreements.

3

In making the arrangements, the authority must have regard to any guidance given by the Welsh Ministers.

4

The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

5

The authority must take such steps as they consider appropriate for making the arrangements under subsection (1) known to—

a

disabled children in their area,

b

parents of disabled children in their area,

c

head teachers and proprietors of schools in their area, and

d

such other persons as they consider appropriate.

6

The arrangements cannot affect the entitlement of any person to make a claim to the Welsh Tribunal, and the authority must take such steps as they consider appropriate to make that fact known to disabled children, to parents of disabled children and to case friends for disabled children in their area.

The arrangements may include provision for payments to be made to, or in relation to, any person carrying out functions in accordance with the arrangements.

7

A local authority must have regard to any guidance given from time to time by the Welsh Ministers.

28JF565 Procedure

1

Regulations may F569, with the agreement of the Welsh Ministers, make provision about—

a

the proceedings of the F570Welsh Tribunal on a claim of unlawful discrimination under this Chapter; and

b

the making of a claim F571to the Welsh Tribunal.

2

The regulations may, in particular, include provision—

a

as to the manner in which a claim must be made;

b

if the jurisdiction of the F572Welsh Tribunal is being exercised by more than one tribunal—

i

for determining by which tribunal any claim is to be heard, and

ii

for the transfer of proceedings from one tribunal to another;

c

for enabling functions which relate to matters preliminary or incidental to a claim (including, in particular, decisions under paragraph 10(3) of Schedule 3) to be performed by the President, or by the chairman;

d

enabling hearings to be conducted in the absence of any member other than the chairman;

e

as to the persons who may appear on behalf of the parties;

f

for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by a county court;

g

requiring persons to attend to give evidence and produce documents;

h

for authorising the administration of oaths to witnesses;

i

for the determination of claims without a hearing in prescribed circumstances;

j

as to the withdrawal of claims;

k

for enabling the F572Welsh Tribunal to stay proceedings on a claim;

l

for the award of costs or expenses;

m

for taxing or otherwise settling costs or expenses (and, in particular, for enabling costs to be taxed in the county court);

n

for the registration and proof of decisions and orders; and

o

for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be determined in accordance with the regulations.

2A

F573. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Proceedings before F566 F574. . . the Welsh Tribunal are to be held in private, except in prescribed circumstances.

F5674

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

5

The Secretary of State may F575, with the agreement of the Welsh Ministers, pay such allowances for the purpose of or in connection with the attendance of persons at F566 F576. . . the Welsh Tribunal as he may, with the consent of the Treasury, determine.

6

F577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

Part 1 of the Arbitration Act 1996 does not apply to proceedings before F566 F578. . . the Welsh Tribunal but regulations may make provision, in relation to such proceedings, corresponding to any provision of that Part.

8

The regulations may make provision for a claim under this Chapter to be heard, in prescribed circumstances, with an appeal under Part 4 of the Education Act 1996 F568, including provision—

a

for determining the appropriate tribunal for the purposes of section 28I for such a claim, and

b

for the transfer of proceedings between the F579First-tier Tribunal and the Welsh Tribunal.

9

A person who without reasonable excuse fails to comply with—

a

a requirement in respect of the disclosure or inspection of documents imposed by the regulations by virtue of subsection (2)(f), or

b

a requirement imposed by the regulations by virtue of subsection (2)(g),

is guilty of an offence.

F5809A

A person who without reasonable excuse fails to comply with a requirement which—

a

is imposed by Tribunal Procedure Rules in relation to claims of unlawful discrimination under this Chapter made to the First-tier Tribunal, and

b

corresponds to a requirement mentioned in subsection (9)(a) or (b),

is guilty of an offence.

10

A person guilty of an offence under subsection (9) F581or (9A) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

11

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

F13928JAAppeal from the Welsh Tribunal to the Upper Tribunal

1

A party to any proceedings under this Chapter before the Welsh Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the Welsh Tribunal in those proceedings.

2

An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the Welsh Tribunal or the Upper Tribunal has given its permission for the appeal to be brought.

3

Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Welsh Tribunal.

F58228K Admissions

1

b

under an agreement entered into between the responsible body for F586an Academy and the Secretary of State under section 482 of the Education Act 1996,

enabling an appeal to be made against the decision by A or by his parent.

3

The claim must be made under the appeal arrangements.

4

The body hearing the claim has the powers which it has in relation to an appeal under the appeal arrangements.

5

“Exclusion decision” means—

a

3

If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—

a

has acted, or is proposing to act, unreasonably in the discharge of a duty which that body has in relation to—

i

the provision to the appropriate authority of copies of that body’s accessibility plan, or

ii

the inspection of that plan, or

b

has failed to discharge that duty,

it may give that body such directions as to the discharge of the duty as appear to it to be expedient.

4

Directions may be given under subsection (1) or (3) even if the performance of the duty is contingent upon the opinion of the responsible body.

5

Subsection (6) applies if the F604First-tier TribunalF600or the Welsh Tribunal has made an order under section 28I(3).

6

If the Secretary of State is satisfied (whether on a complaint or otherwise) that the responsible body concerned—

a

has acted, or is proposing to act, unreasonably in complying with the order, or

b

b

the F603Welsh Ministers in relation to a direction given by F603 them.

F140Enforcement: Scotland

Annotations:

Amendments (Textual)

F140

Pt. IV Ch. 1: Cross-heading and s. 28N inserted (1.9.2002) by 2001 c. 10, s. 23 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F61128N Civil proceedings

1

A claim that a responsible body in Scotland—

a

has discriminated against a person in a way which is unlawful under this Chapter, or

b

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

may be made the subject of civil proceedings in the same way as any other claim for the enforcement of a statutory duty.

2

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

3

The remedies available in such proceedings are those which are available in the Court of Session other than an award of damages.

4

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

5

In relation to civil proceedings in Scotland, in F612paragraph 10 of that Schedule—

a

references to F613section 28I are to be construed as a reference to this section;

b

references to F615First-tier TribunalF614or Welsh Tribunal are to be construed as references to the sheriff court.

F141Agreements relating to enforcement

Annotations:

Amendments (Textual)

F141

Pt. IV Ch. 1: Cross-heading and s. 28P inserted (1.9.2002) by 2001 c. 10, s. 24 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F61628P Validity and revision of agreements of responsible bodies

1

Any term in a contract or other agreement made by or on behalf of a responsible body 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 Chapter;

b

exclude or limit the operation of any provision of, or made under, this Chapter; or

c

prevent any person from making a claim under this Chapter.

2

Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim—

a

under section 28I or 28N; or

b

to which section 28K or 28L applies.

3

4

No such order may 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 notice to be dispensed with.

6

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

F142Interpretation of Chapter 1

Annotations:

Amendments (Textual)

F142

Pt. IV Ch. 1: Cross-heading and s. 28Q inserted (1.9.2002) by 2001 c. 10, s. 25 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F61828Q Interpretation

1

This section applies for the purpose of interpreting this Chapter.

2

“Disabled pupil” means a pupil who is a disabled person.

3

“Pupil”—

a

in relation to England and Wales, has the meaning given in section 3(1) of the Education Act 1996; and

b

in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

4

Except in relation to Scotland (when it has the meaning given in section 135(1) of the Education (Scotland) Act 1980) “school” means—

a

a maintained school;

b

a maintained nursery school;

c

an independent school;

d

a special school which is not a maintained special school but which is approved by the Secretary of State, or by the F621Welsh Ministers, under section 342 of the Education Act 1996;

e

a pupil referral unit.

5

In subsection (4)—

“maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998;
“maintained nursery school” has the meaning given in section 22(9) of the School Standards and Framework Act 1998;
“independent school” has the meaning given in section 463 of the Education Act 1996; and
“pupil referral unit” has the meaning given in section 19(2) of the Education Act 1996.

14

F622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150Chapter 2 FURTHER AND HIGHER EDUCATION

Annotations:

Amendments (Textual)

F150

Pt. IV Ch. 2: Chapter heading, cross-heading and s. 28R inserted (E.W.S) (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F144Duties of responsible bodies

Annotations:

Amendments (Textual)

F144

Pt. IV Ch. 2: Cross-heading and s. 28R inserted (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13)); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Before making an order under subsection (7)(e), the Secretary of State must consult the Scottish Ministers.

11

“Student services” means services of any description which are provided wholly or mainly for students.

12

Regulations may make provision as to services which are, or are not, to be regarded for the purposes of subsection (2) as student services.

Treatment of a disabled person by a responsible body cannot be justified under subsection (5), (6) or (8) if it amounts to direct discrimination falling within subsection (10).

10

A responsible body directly discriminates against a disabled person if, on the ground of the disabled person's disability, it treats the disabled person less favourably than it 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.

11

In this section and section 28T, “competence standard” means an academic, medical or other standard applied by or on behalf of a responsible body for the purpose of determining whether or not a person has a particular level of competence or ability.

F63528SAMeaning of “harassment“

1

For the purposes of this Chapter, a responsible body subjects a disabled person to harassment where, for a reason which relates to the disabled person's disability, that body engages in unwanted conduct which has the purpose or effect of—

a

violating the disabled person's dignity, or

b

creating an intimidating, hostile, degrading, humiliating or offensive environment for him.

2

Conduct shall be regarded as having the effect referred to in subsection (1) (a) or (b) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect.

C9328TF630F631Responsible bodies' duties to make adjustments

C941

Where—

a

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

b

it is a provision, criterion or practice relating to—

i

the arrangements it makes for determining admissions to the institution, or

ii

student services provided for, or offered to, students by the responsible body, and

c

that provision, criterion or practice places disabled persons at a substantial disadvantage in comparison with persons who are not disabled,

it is the duty of the responsible body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice having that effect.

1A

Where—

a

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

b

it is a provision, criterion or practice for determining on whom a qualification is to be conferred,

c

a disabled person is, or has notified the body that he may be, an applicant for the conferment of that qualification, and

d

the provision, criterion or practice places the disabled person at a substantial disadvantage in comparison with persons who are not disabled,

1B

Where—

a

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

b

it is a provision, criterion or practice other than one mentioned in subsection (1)(b) or (1A)(b), and

c

it places a disabled person who—

i

holds a qualification conferred by the responsible body, or

ii

applies for a qualification which the responsible body confers,

at a substantial disadvantage in comparison with persons who are not disabled,

1C

Where any physical feature of premises occupied by a responsible body places disabled persons at a substantial disadvantage in comparison with persons who are not disabled in relation to—

a

the arrangements which that body makes for determining admissions to the institution, or

b

student services provided for, or offered to, students by that body,

it is the duty of the body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the feature having that effect.

1D

Where any physical feature of premises occupied by a responsible body places a disabled person who—

a

applies for a qualification which that body confers, or

b

holds a qualification which was conferred by that body,

at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the feature having that effect.

2

In considering whether it is reasonable for it to have to take a particular step in order to comply with its duty under F632any of subsections (1) to (1D), a responsible body must have regard to any relevant provisions of a code of practice issued under F634section 14 of the Equality Act 2006.

3

Subsection (4) applies if a person has made a confidentiality request of which a responsible body is aware.

4

In determining whether it is reasonable for the responsible body to have to take a particular step in relation to that person in order to comply with its duty under F633any of subsections (1) to (1D), regard shall be had to the extent to which taking the step in question is consistent with compliance with that request.

5

“Confidentiality request” means a request made by a disabled person, which asks for the nature, or asks for the existence, of his disability to be treated as confidential.

6 F145Other providers of further education or training facilities

Annotations:

Amendments (Textual)

F145

Pt. IV Ch. 2: Cross-heading and s. 28U inserted (1.9.2002) by 2001 c. 10, s. 29 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

28UF643 Further education etc. provided by local education authorities and schools

1

Part 1 of Schedule 4C modifies this Chapter for the purpose of its application in relation to higher and further education secured by a local education authority.

2

Part 1A of that Schedule modifies this Chapter for the purpose of its application in relation to recreational or training facilities secured by a local education authority and further education provided by the governing body of a maintained school.

3

Part 2 of that Schedule modifies this Chapter for the purpose of its application in relation to further education, within the meaning of section 1(5)(b)(iii) of the Education (Scotland) Act 1980.

4

Part 2A of that Schedule modifies this Chapter for the purpose of its application in relation to facilities whose provision is secured by an education authority under section 1(3) of the Education (Scotland) Act 1980.

F146Other unlawful acts

Annotations:

Amendments (Textual)

F146

Cross-heading inserted after s. 28U (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, 11

F65228UARelationships which have come to an end

1

This section applies where—

a

there has been a relevant relationship between a disabled person and a responsible body, and

b

that relationship has come to an end.

2

In this section a “relevant relationship” is 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 any preceding provision of this Chapter.

3

It is unlawful for the responsible body—

a

to discriminate against the disabled person by subjecting him to a detriment, or

b

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 responsible body 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 responsible body,

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 responsible body.

5

Where subsection (4) applies, it is the duty of the responsible body 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.

6

Subsection (5) imposes duties only for the purpose of determining whether a responsible body has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

7

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

8 F65328UBInstructions and pressure to discriminate

1

It is unlawful for a responsible body to instruct another person to do any act which is unlawful under this Chapter or to procure or attempt to procure the doing of any such unlawful act by that other person.

2

It is also unlawful for a responsible body to induce, or attempt to induce, another person to do any act which is unlawful under this Chapter by —

a

providing or offering to provide that person with any benefit, or

b

subjecting or threatening to subject that person to any detriment.

3

An attempted inducement is not prevented from falling within subsection (2) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.

4

Proceedings in respect of a contravention of subsection (1) may be brought only—

a

by the Commission for Equality and Human Rights, and

b

in accordance with section 25 of the Equality Act 2006.

F65428UCDiscriminatory advertisements

1

It is unlawful for a responsible body to publish or cause to be published an advertisement which—

a

invites applications in relation to any course or student service provided or offered by it, or any qualification conferred by it, and

b

indicates, or might reasonably be understood to indicate, that such 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 on the part of the person determining the application to comply with a duty imposed on it by section 28T.

2

Subsection (1) does not apply where it would not in fact be unlawful under this Chapter for an application to be determined in the manner indicated (or understood to be indicated) in the advertisement.

3

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

4

Proceedings in respect of a contravention of subsection (1) may be brought only—

a

by the Commission for Equality and Human Rights, and

b

in accordance with section 25 of the Equality Act 2006.

F148Enforcement, etc.

Annotations:

Amendments (Textual)

F148

Pt. IV Ch. 2: Cross-heading and s. 28V inserted (1.9.2002) by 2001 c. 10, s. 30 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F63828V Enforcement, remedies and procedure

1

A claim by a person—

a

that a responsible body has discriminated against him F639, or subjected him to harassment, in a way which is unlawful under this Chapter,

b

that a responsible body is by virtue of section 57 or 58 to be treated as having F640done so, or

c

that a person is by virtue of section 57 to be treated as having F640done so,

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.

F6411A

Where—

a

a claim is brought under subsection (1), and

b

the claimant (or pursuer, in Scotland) proves facts from which the court could, apart from this subsection, conclude in the absence of an adequate explanation that the defendant (or defender, in Scotland) has acted in a way which is unlawful under this Chapter,

the court shall uphold the claim unless the defendant (or defender, in Scotland) proves that he did not so act.

2

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

3

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

4

Proceedings in Scotland may 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

The fact that a person who brings proceedings under this Part against a responsible body may also be entitled to bring proceedings against that body under Part 2 is not to affect the proceedings under this Part.

7

Part 4 of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

C95 C9628WF636 Occupation of premises by educational institutions

1

This section applies if—

a

premises are occupied by an educational institution under a lease;

b

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

c

the alteration is one which the responsible body proposes to make in order to comply with section 28T F637or section 28UA(5).

2

Except to the extent to which it expressly so provides, the lease has effect, as a result of this subsection, as if it provided—

a

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

b

for the responsible body to have to make a written application to the lessor for consent if it 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 responsible body alters the premises, or

b

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

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

5

Part 3 of Schedule 4 supplements the provisions of this section.

28XF642 Validity and revision of agreements

Section 28P applies for the purposes of this Chapter as it applies for the purposes of Chapter 1, but with the substitution, for paragraphs (a) and (b) of subsection (2), of “under section 28V”.

E5729Education of disabled persons.

F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F149Duties of funding councils

Annotations:

Amendments (Textual)

F149

Pt. IV Ch. 2: Cross-heading inserted before s. 30 (E.W.S.) (1.9.2002) by 2001 c. 10, s. 34(4) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

I58 E5830 Further and higher education of disabled persons. 1992 c.13.

1

The Further and Higher Education Act 1992 is amended as set out in subsections (2) to (6).

F6442

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

F6443

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

F6444

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

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.

F6456

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 Disability 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.

F6467

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

F6468

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

F6469

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

E5931 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.

F6473

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.

F648 Interpretation of Chapter 2

Annotations:

Amendments (Textual)

F648

Pt. IV Ch. 2: Cross-heading and s. 31A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 33 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F64931A Interpretation

1

Subsections (2) to F650(10) apply for the purpose of interpreting this Chapter.

2

“Disabled student” means a student who is a disabled person.

3

“Student” means a person who is attending, or undertaking a course of study at, an educational institution.

4

“Educational institution”, “responsible body” and “student services” have the meaning given in section 28R.

F6515

“Provision, criterion or practice“ includes any arrangements.

6

“Qualification“ means any authorisation, qualification, approval or certification conferred by a responsible body.

7

“Discriminate, “discrimination” and other related expressions are to be construed in accordance with section 28S.

8

“Harassment” is to be construed in accordance with section 28SA.

9

References (however expressed) to the conferment of a qualification on a person by a responsible body include—

i

the renewal or extension of a qualification, and

ii

the authentication of a qualification awarded to him by another person.

10

“Physical feature“, in relation to any premises, includes any of the following (whether permanent or temporary)—

a

any feature arising from the design or construction of a building on the premises,

b

any feature on the premises of any approach to, exit from or access to such a building,

c

any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises, and

d

any other physical element or quality of any land comprised in the premises.

F155Chapter 2AGeneral Qualifications Bodies

Annotations:

Amendments (Textual)

F155

Pt. 4 Ch. 2A (ss. 31AA-31AF) inserted (E.W.S) (11.6.2007 for ss. 31AA, 31AD and 31AE for certain purposes, and for s. 31AF, otherwise in force for all provisions at 1.9.2007) by Disability Discrimination Act 2005 (c. 13), ss. 15, 20(3)-(6); S.I 2007/1555, arts. 2, 3(a)

31AAGeneral qualifications bodies: discrimination and harassment

1

It is unlawful for a general qualifications body to discriminate against a disabled person—

a

in the arrangements which it makes for the purpose of determining upon whom to confer a relevant qualification;

b

in the terms on which it is prepared to confer a relevant qualification on him;

c

by refusing or deliberately omitting to grant any application by him for such a qualification; or

d

by withdrawing such a qualification from him or varying the terms on which he holds it.

2

It is also unlawful for a general qualifications body, in relation to a relevant qualification conferred by it, to subject to harassment a disabled person who holds or applies for such a qualification.

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 and section 31AD, “relevant qualification” means an authorisation, qualification, approval or certification of a prescribed description.

5

But an authorisation, qualification, approval or certification may not be prescribed under subsection (4) if it is a professional or trade qualification (within the meaning given by section 14A(5)).

6

In this Chapter—

a

“general qualifications body” means any authority or body which can confer a relevant qualification, but it does not include—

i

a responsible body (within the meaning of Chapter 1 or 2 of this Part),

ii

a local education authority in England or Wales,

iii

an education authority (within the meaning of section 135(1) of the Education (Scotland) Act 1980), or

iv

an authority or body of a prescribed description or in prescribed circumstances;

b

references (however expressed) to the conferment of a qualification on a person include—

i

the renewal or extension of a qualification, and

ii

the authentication of a qualification awarded to him by another person.

31ABMeaning of “discrimination”

1

For the purposes of section 31AA, a body 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.

2

For the purposes of section 31AA, a body also discriminates against a disabled person if it fails to comply with a duty imposed on it by section 31AD in relation to the disabled person.

3

Treatment, other than the application of a competence standard, is (subject to subsections (5) to (7)) 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

The application by a body of a competence standard to a disabled person is (subject to subsections (6) and (7)) justified for the purposes of subsection (1)(b) if, but only if, the body can show that—

a

the standard is, or would be, applied equally to persons who do not have his particular disability; and

b

its application is a proportionate means of achieving a legitimate aim.

5

If, in a case falling within subsection (1) other than a case where the treatment is the application of a competence standard, a body is under a duty under section 31AD in relation to the disabled person but fails to comply with that duty, its treatment of that person cannot be justified under subsection (3) unless it would have been justified even if the body had complied with that duty.

6

Regulations may make provision, for purposes of this section, as to circumstances in which treatment is, or as to circumstances in which treatment is not, to be taken to be justified (but see subsection (7)).

7

Treatment of a disabled person cannot be justified under subsection (3), (4) or (6) if it amounts to direct discrimination falling within subsection (8).

8

A body directly discriminates against a disabled person if, on the ground of the disabled person’s disability, it treats the disabled person less favourably than it 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.

9

In this section, “competence standard” means an academic, medical or other standard applied by or on behalf of a general qualifications body for the purpose of determining whether or not a person has a particular level of competence or ability.

31ACMeaning of “harassment”

f

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

7

This section imposes duties only for the purpose of determining whether a body has, for the purposes of section 31AA, discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

F15131ADAEnforcement, remedies and procedures

1

(1) A claim by a person—

a

that a general qualifications body has discriminated against him, or subjected him to harassment, in a way which is unlawful under this Chapter,

b

that a general qualifications body is by virtue of section 57 or 58 to be treated as having done so, or

c

that a person is by virtue of section 57 to be treated as having done so,

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

Where—

a

a claim is brought under subsection (1), and

b

the court shall uphold the claim unless the defendant (or defender, in Scotland) proves that he did not so act.

3

Damages in respect of discrimination in a way which is unlawful under this Chapter may include compensation for injury to feelings whether or not they include compensation under any other head.

4

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

5

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

6

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.

7

Part 5 of Schedule 3 makes further provision about the enforcement of this Part and about procedure and evidence.

impose conditions which are to apply if the general qualifications body alters the premises, or

b

entitle the lessor to impose conditions when consenting to the general qualifications body's altering the premises.

5

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

Provision under subsection (1), (2) or (4) may take the form of amendments of this Act.

7

Regulations may make provision as to the meaning of “lease” or “lessor” in this section.

8

Except as provided in regulations under subsection (1), no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under this Chapter.

9

Subsection (8) does not prevent the making of an application for judicial review.

31AFChapter 2A: duty to consult before making regulations

1

Before making regulations under this Chapter, the Secretary of State shall consult such persons as it appears to him to be appropriate to consult, having regard to the substance and effect of the regulations in question.

2

Without prejudice to the generality of subsection (1), the Secretary of State shall consult the F656Welsh Ministers and the Scottish Ministers before making regulations under this Chapter.

F154Chapter 3 SUPPLEMENTARY

Annotations:

Amendments (Textual)

F154

Pt. IV: Chapter 3 heading and s. 31B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 37 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

31B Conciliation for disputes

F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65531C Application to Isles of Scilly

This Part applies to the Isles of Scilly—

a

as if the Isles were a separate non-metropolitan county (and the Council of the Isles of Scilly were a county council), and

b

with such other modifications as may be specified in an order made by the Secretary of State.

Part V Public Transport

Taxis

E14632 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 F158authority making the regulations considers appropriate.

4

In this section—

F159appropriate 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 F157appropriate national authority;
“hire car” has such meaning as may be F160specified 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.

F1615

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.

E14834 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.

E14935 Exemption from taxi accessibility regulations.

1

3

The duties are—

a

to carry the passenger while he remains in his wheelchair;

b

not to make any additional charge for doing so;

c

if the passenger chooses to sit in a passenger seat, to carry the wheelchair;

d

to take such steps as are necessary to ensure that the passenger is carried in safety and in reasonable comfort;

e

to give such assistance as may be reasonably required—

i

to enable the passenger to get into or out of the F164vehicle;

ii

if the passenger wishes to remain in his wheelchair, to enable him to be conveyed into and out of the F164vehicle while in his wheelchair;

iii

to load the passenger’s luggage into or out of the F164vehicle;

iv

if the passenger does not wish to remain in his wheelchair, to load the wheelchair into or out of the F164vehicle.

4

Nothing in this section is to be taken to require the driver of any F164vehicle—

a

except in the case of a F164vehicle of a prescribed description, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey; or

b

to carry any person in circumstances in which it would otherwise be lawful for him to refuse to carry that person.

5

A driver of a regulated taxi F165or designated vehicle who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

6

In any proceedings for an offence under this section, it is a defence for the accused to show that, even though at the time of the alleged offence

F166a

in the case of a regulated taxi,

the taxi conformed with those provisions of the taxi accessibility regulations with which it was required to conform,

F167b

in the case of a designated vehicle, the vehicle conformed to the accessibility requirements which applied to it,

it would not have been possible for the wheelchair in question to be carried in safety in the F168vehicle.

7

If the licensing authority is satisfied that it is appropriate to exempt a person from the duties imposed by this section—

a

on medical grounds, or

b

on the ground that his physical condition makes it impossible or unreasonably difficult for him to comply with the duties imposed on drivers by this section,

it shall issue him with a certificate of exemption.

8

A certificate of exemption shall be issued for such period as may be specified in the certificate.

9

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.

E153 I15 C3138F172AppealsF172Appeal against refusal of exemption certificate

1

Any person who is aggrieved by the refusal of a licensing authority to issue an exemption certificate under F173section 36, 37 or 37A may appeal to F174a magistrates'F174 the appropriate court F175or, in Scotland, the sheriff court before the end of the period of 28 days beginning with the date of the refusal.

2

On an appeal to it under F176subsection (1)F176this 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

F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1784

Any person who is aggrieved by the decision of a licensing authority to include a vehicle on a list maintained under section 36A may appeal to a magistrates' court or, in Scotland, the sheriff court before the end of the period of 28 days beginning with the date of the inclusion.

5

In this section “licensing authority” has the meaning given by section 36A.

E151 I5939 Requirements as to disabled passengers in Scotland.

1

Part II of the M27Civic 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 M28Disability 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.

I17 E15541 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.

I18 E15642 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.

I19 E15743 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.

I21 E15945 Fees.

c

as respects different networks.

6

In this section—

F659“conventional TEN rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006;
“high-speed rail system” has the meaning given in regulation 2(3) of the Railways (Interoperability) Regulations 2006;
“network” means any permanent way or other means of guiding or supporting rail vehicles or any section of it;
F660. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~~F661“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;~~
F661“rail vehicle” means a vehicle constructed or adapted to carry passengers on any railway, tramway or prescribed system other than a vehicle used in the provision of a service for the carriage of passengers on the high-speed rail system or the conventional TEN rail system;
“regulated rail vehicle” means any rail vehicle to which F662provisions of 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 M23Transport and Works Act 1992); and
“railway” and “tramway” have the same meaning as in that Act.

8

F663. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

F663. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

F663. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

as respects different networks.

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 M23Transport 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.

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.

E144 C3347 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

I22 E14548 Offences by bodies corporate etc.

1

Where an offence under section 40 ~~F180or 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 ~~F665or 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.

F284F286Part 5APublic authorities

Annotations:

Amendments (Textual)

F284

Pt. VA (ss. 49A, 49B) inserted (N.I.) (1.1.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 5; S.R. 2006/470, art. 2

F286

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) [Editorial note: The E.W.S versions of ss. 49C-49F were inserted along with the Part heading "Pt. 5A Public authorities" and should appear under that heading]

49AF286General duty

1

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

a

the need to eliminate F666unlawful discrimination and victimisation;

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 F667 provision of the Equality Act 2010 (“the 2010 Act”), so far as relating to disability.

F6683

In this section—

a

“discrimination” means disability discrimination within the meaning of sections 25(2)(a), (b) and (d) of the 2010 Act;

b

“disability” and “disabled person” each have the same meaning as in section 6 of the 2010 Act; and

c

“victimisation” means victimisation within the meaning of section 27 of that Act where the protected act in question relates to disability.

49AF284General duty

1

a person, other than the National Assembly for Wales Commission, exercising functions in connection with proceedings in the National Assembly for Wales

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.

fails to submit a plan under subsection (1) before the end of the period of 6 months beginning with the appointed day or, if later, the establishment of the authority,

b

fails to submit a plan under subsection (2) before the end of the period of 6 months beginning with the date of the request under that subsection,

c

fails to submit a revised plan under subsection (3)(b) before the end of the period of 3 months beginning with the date of the request under that paragraph, or

d

submits to the Commission under paragraph (3)(a) or (b) a revised plan which in the opinion of the Commission fails to comply with subsection (4),

the Commission shall lay before the Assembly a report of that failure containing such comments and other material as appear to the Commission to be appropriate to bring to the attention of the Assembly.

7

A public authority—

a

shall review its current plan under this section—

i

in the case of an authority in relation to which there is a scheme under Schedule 9 to the Northern Ireland Act 1998, at the same time as the authority reviews its current scheme under paragraph 8(3) of that Schedule;

ii

in the case of any other authority, at such times as the Commission may request; and

b

inform the Commission of the outcome of the review.

8

In this section—

“the appointed day”, “the Commission” and “public authority” have the same meanings as in section 49A;
“the relevant functions” means the functions of the public authority or, in the case of a plan submitted in response to a request which specifies particular functions of the public authority, those functions.

F285F287Part 5BImprovements to dwelling houses

Annotations:

Amendments (Textual)

F285

Pt. VB (ss. 49C, 49D) inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 16(1); S.R. 2006/466, art. 2(2)(j)

F287

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)}

49CF286Exceptions 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 F672, a Measure or Act of the National Assembly for Wales 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 F671one or more specified paragraphs of section 49A(1) not to apply to an act of a prescribed description.

49CF285Improvements to let dwelling houses

1

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

a

the tenancy is not a secure tenancy or a regulated 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;
“regulated tenancy” has the same meaning as in the Rent (Northern Ireland) Order 1978 (NI 20);
“secure tenancy” has the meaning given by Article 25 of the Housing (Northern Ireland) Order 1983 (NI 15).

49DF286Power 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 F676Commission for Equality and Human Rights.

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 F673Welsh Ministers.

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 F674Welsh Ministers.

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
  F675the National Assembly for Wales Commission;
2. aa
  the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government; or
3. b
  a public authority whose functions are exercisable only in relation to Wales.

49DF285Conciliation of disputes

1

The Equality Commission for Northern Ireland may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to a dispute of any description concerning the question whether it is unreasonable for a landlord to withhold consent to the making of a relevant improvement to a dwelling house.

2

Subsections (2) to (8) of section 28 apply for the purposes of this section as they apply for the purposes of that section and for that purpose a reference in that section to—

a

a dispute arising under Part III must be construed as a reference to a dispute mentioned in subsection (1);

b

arrangements under that section must be construed as a reference to arrangements under this section.

3

“Relevant improvement” has the same meaning as in section 49C.

49EDuties under section 49D: compliance notices

F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49FEnforcement of compliance notices

F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

7

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

F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49IF187Conciliation of disputes: rented housing in Scotland

F186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI The National Disability Council

F188 F18950. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I5351 Codes of practice prepared by the Council.

F463. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F190 E90 I2451 Codes of practice prepared by the Council.

F1901

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

F1902

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

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, F191or a county 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 F192a Northern Ireland department under this section and includes a code which has been altered and re-issued.

F193 I25 E6152 Further provision about codes issued under section 51.

F194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VII Supplemental

53A Codes of practice.

F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C3454AF196 Codes of practice.

F1971

The Commission may prepare and issue codes of practice giving practical guidance on how to avoid acts which are unlawful under Part II or III of this Act or Part III of the 2005 Order, or on any other matter relating to the operation of any provision of Part II or III of this Act or Part III of the 2005 Order, to—

a

employers;

b

service providers;

F198ba

public authorities within the meaning given by section 21B;

bb

associations to which section 21F applies;

c

bodies which are responsible bodies for the purposes of Chapter I or II of Part III of the 2005 Order; or

d

other persons to whom the provisions of Part II or III of this Act or Part III of the 2005 Order apply.

1A

The Commission may also prepare and issue codes of practice giving practical guidance to any persons on any other matter with a view to—

a

promoting the equalisation of opportunities for disabled persons and persons who have had a disability; or

b

9

In this section—

“code of practice” means a code of practice under this section;
“the Commission” means the Equality Commission for Northern Ireland;
F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the Office” means the Office of the First Minister and deputy First Minister; and
F204“relevant improvement” means an improvement (within the meaning of section 49C(9)) to premises which, having regard to the disability which a disabled person who lawfully occupies or is intended lawfully the premises has, is likely to facilitate his enjoyment of the premises.
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

F20510

Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—

a

any matter relating to the operation of any provision of Chapter I or III of Part III of the 2005 Order; or

b

any field of activity regulated by any such provision,

any reference in this section to the Office shall be read as a reference to the Department of Education.

11

Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—

a

any matter relating to the operation of any provision of Chapter II of Part III of the 2005 Order; or

b

any field of activity regulated by any such provision,

any reference in this section to the Office shall be read as a reference to the Department for Employment and Learning.

12

Practical guidance which but for this subsection would fall to be contained in separate codes of practice by virtue of subsections (10) and (11) may be contained in a single code of practice; and in relation to any such code of practice any reference in this section to the Office shall be read as a reference to the Department of Education and the Department for Employment and Learning, acting jointly.

E136 I5653 Codes of practice prepared by the Secretary of State.

F538. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E135 I26 F20653 Codes of practice prepared by the Secretary of State.

F2061

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

F2062

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

F2063

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

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, F207or a county 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.

F2068

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

F2069

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

F209 E62 I2754F208 Further provision about codes issued under section 53.

F2081

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

F2082

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

F2083

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

F2084

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

F2085

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

F2086

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

F2087

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

F2088

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

F2089

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

In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, F5434G, 6A, 7A, 7C, 13, 14A, 14C F544, 15B and 16A also apply to discrimination against a person who is not disabled.

6

F545. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E140 C8155 Victimisation.

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.

F2145

In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, 4G, 6A, 7A, 13, 14A, 14C F215, 15B and 16A also apply to discrimination against a person who is not disabled.

6

F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E137 I5756F539 Help for aggrieved persons in obtaining information etc.

1

For the purposes of this section—

a

a person who considers that he may have been—

i

discriminated against in contravention of Part 2 or 3, or

ii

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 committed an unlawful act.

4

The Secretary of State may by order—

a

prescribe the period within which questions must be duly served in order to be admissible under subsection (3)(a); and

b

prescribe the manner in which a question, and any reply by the respondent, may be duly served.

5

Rules of court may enable a court entertaining a claim under section 25 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not.

6

In proceedings in respect of a section 21B claim, subsection (3)(b) does not apply in relation to a failure to reply, or a particular reply, if the following conditions are met—

a

that, at the time of doing any relevant act, the respondent was carrying out public investigator functions or was a public prosecutor; and

b

that the respondent reasonably believes that a reply or (as the case may be) a different reply would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings or any criminal proceedings or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings.

7

Regulations may provide for this section not to have effect, or to have effect with prescribed modifications, in relation to section 21B claims of a prescribed description.

8

This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court, the sheriff or an employment tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

9

In this section “section 21B claim” means a claim under section 25 by virtue of section 21B.

E138 I2856F217 Help for aggrieved persons in obtaining information etc.

1

For the purposes of this section—

a

a person who considers that he may have been—

i

discriminated against in contravention of Part II or III, or

ii

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 committed an unlawful act.

4

The Office may by order—

a

prescribe the period within which questions must be duly served in order to be admissible under subsection (3)(a); and

b

prescribe the manner in which a question, and any reply by the respondent, may be duly served.

5

County court rules may enable a court entertaining a claim under section 25 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not.

6

In proceedings in respect of a section 21B claim, subsection (3)(b) does not apply in relation to a failure to reply, or a particular reply, if the following conditions are met—

a

that at the time of doing any relevant act, the respondent was carrying out public investigator functions or was a public prosecutor; and

b

7

The Office may by regulations provide for this section not to have effect, or to have effect with prescribed modifications, in relation to section 21B claims of a prescribed description.

8

This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court or industrial tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

9

In this section “section 21B claim” means a claim under section 25 by virtue of section 21B.

C85 C86 C8757 Aiding unlawful acts.

1

A person who knowingly aids another person to do an F218unlawful act is to be treated for the purposes of this Act as himself doing the same kind of unlawful act.

2

For the purposes of subsection (1), an employee or agent for whose act the employer or principal is liable under section 58 (or would be so liable but for section 58(5)) shall be taken to have aided the employer or principal to do the act.

3

For the purposes of this section, a person does not knowingly aid another to do an unlawful act if—

a

he acts in reliance on a statement made to him by that other person that, because of any provision of this Act, the act would not be unlawful; and

b

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.

F2196

“Unlawful act” means an act made unlawful by any provision of this Act other than a provision contained in Chapter 1 of Part 4.

C88 C89 C90 C3558 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

Subsection (2) applies whether the authority was—

a

express or implied; or

b

given before or after the act in question was done.

4

Subsections (1) and (2) do not apply in relation to an offence under section 57(4).

5

In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of his, it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from—

a

doing that act; or

b

doing, in the course of his employment, acts of that description.

I29 E13459 Statutory authority and national security etc.

1

Nothing in this Act makes unlawful any act done—

a

in pursuance of any enactment; or

F220b

in pursuance of any instrument made under any enactment by—

i

a Minister of the Crown,

ii

a member of the Scottish Executive, F221. . .

iii

the National Assembly for Wales F222constituted by the Government of Wales Act 1998, or

iv

the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

c

to comply with any condition or requirement—

i

imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment,

ii

imposed by a member of the Scottish Executive (whether before or after the coming into force of this sub-paragraph) by virtue of any enactment, F223. . .

iii

imposed by the National Assembly for Wales F224constituted by the Government of Wales Act 1998(whether before or after the coming into force of this sub-paragraph) by virtue of any enactmentF225 or

iv

imposed by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

2

In subsection (1) “enactment” includes one passed or made after the date on which this Act is passed and “instrument” includes one made after that date.

F2262A

Nothing in –

a

Part II, or

b

Part III to the extent that it relates to the provision of employment services,

makes unlawful any act done for the purpose of safeguarding national security if the doing of the act was justified by that purpose.

F2272A

Nothing in—

a

Part 2 of this Act, or

b

Part 3 of this Act to the extent that it relates to the provision of employment services,

makes unlawful any act done for the purpose of safeguarding national security if the doing of the act was justified by that purpose.

3

Nothing in F228any other provision of this Act makes unlawful any act done for the purpose of safeguarding national security.

F22959ANational security

1

Rules of court may make provision for enabling a county court or sheriff court in which a claim is brought in respect of alleged discrimination contrary to this Act (including anything treated by virtue of this Act as amounting to discrimination contrary to this Act), where the court considers it expedient in the interests of national security—

a

to exclude from all or part of the proceedings—

i

the claimant;

ii

the claimant's representatives;

iii

any assessors;

b

to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;

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

60E87 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.

I30 E8861 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.

F23062. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E6363 Restriction of publicity: Employment Appeal Tribunal.

F231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E8964 Application to Crown etc.

F232A1

The following provisions bind the Crown—

a

sections 21B to 21E and Part 5A, and

b

the other provisions of this Act so far as applying for the purposes of provisions mentioned in paragraph (a);

and sections 57 and 58 shall apply for purposes of provisions mentioned in paragraph (a) as if service as a Crown servant were employment by the Crown.

1

This Act F233, other than the provisions mentioned in paragraphs (a) and (b) of subsection (A1), 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

F234. . . 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.

F2352A

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 F458or 3 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 F453,
2. b
  F460. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. c
  in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967 F454, 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
  F461. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
  F462. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. c
  in any other case means money provided by the police authority;
“specified Act” means the Metropolitan Police Act 1829 F455, the City of London Police Act 1839 F456 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.

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 F419section 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 F420employment tribunal under F421Part 2 or 3 or before any court under Part III.

66 Government appointments outside Part II.

F452. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I31 E8367 Regulations and orders.

1

Any power under this Act F422of the Secretary of State, the Scottish Ministers or the F425Welsh Ministers to make regulations or orders shall be exercisable by statutory instrument.

C492

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, supplemental, consequential or transitional provision as appears to the F422person by whom the power is exercisable to be expedient; and

b

to provide for a person to exercise a discretion in dealing with any matter.

F4233A

Where regulations under section 21D(7)(b) provide for the omission of section 21D(5), the provision that may be made by the regulations in exercise of the power conferred by subsection (3)(a) includes provision amending section 21D for the purpose of omitting references to section 21D(5).

3B

The provision that may be made by regulations under section 21G(5)(b) in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing section 21G(4).

3C

The provision that may be made by regulations under any of subsections (1) to (4) of section 49D in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing an enactment.

F4244

Subsection (4A) applies to—

a

the first regulations to be made under section 21H(1);

b

the first regulations to be made under each of subsections (1), (2) and (4) of section 31AE;

c

regulations under section 31AE(1), (2) or (4) that amend this Act;

d

regulations under section 31AE(1) that make provision as to remedies;

e

regulations under section 47J(3);

f

regulations under section 49D(1) or (2) that, in exercise of the power under subsection (3)(a), amend or repeal an enactment contained in an Act F426, in an Act of the Scottish Parliament, or in a Measure or Act of the National Assembly for Wales;

g

regulations under section 67A(3);

h

regulations under paragraph 6A(2) of Schedule 1.

4A

No regulations to which this subsection applies shall be made unless a draft of the statutory instrument containing the regulations (whether containing the regulations alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

4B

Subsection (4C) applies to regulations under section 49D(3) or (4) that, in exercise of the power under subsection (3)(a), amend or repeal any enactment contained in an Act or in an Act of the Scottish Parliament.

4C

4D

A statutory instrument—

a

that—

i

contains regulations under section 49D(3) or (4), and

ii

is not subject to the requirement in subsection (4C) that a draft of the instrument be laid before, and approved by, the Scottish Parliament, or

b

that contains regulations or an order made by the Scottish Ministers under section 33,

shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

5

A statutory instrument—

a

that—

i

contains regulations made by the Secretary of State under this Act, and

ii

is not subject to the requirement in subsection (4A) that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, or

b

that contains an order made by the Secretary of State under this Act that is not an order under section 3(9), 47(1) F427. . . or 70(3),

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5A

A statutory instrument that contains an order under section 47(1), if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House, but the exercise of the discretion conferred by this subsection is subject to section 67A.

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).

I31 E8467Regulations 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.

F2543A

3B

The provision that may be made by regulations under section 21G(5)(b) in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing section 21G(4).

F2554

Subsection (4A) applies to—

a

the first regulations to be made under section 21H(1);

b

regulations under section 47J(3);

c

regulations under section 67A(3);

d

regulations under paragraph 6A(2) of Schedule 1.

4A

No regulations to which this subsection applies shall be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

4B

An order under section 47(1), if made without a draft having been laid before and approved by a resolution of, the Assembly shall be subject to annulment in pursuance of a resolution of the Assembly; but the exercise of the discretion conferred by this subsection is subject to section 67A.

5

Any other order made under this Act, other than an order under section 3(9), F25654A(6)(a) 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).

F28267AExercise 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.

F28367BAnnual 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.

I52 E8668 Interpretation.

C501

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);
F430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“conciliation officer” means a person designated under section 211 of the M13Trade Union and Labour Relations (Consolidation) Act 1992;
F447“criminal investigation” has the meaning given in subsection (1A);
F259“criminal proceedings” includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006);
“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;
F431“employment at an establishment in Great Britain” is to be construed in accordance with subsections (2) to (4A)
F443“employment services” has the meaning given in section 21A(1);
“enactment” includes subordinate legislation and any Order in Council F432, and F444. . . includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
F433“Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain
F445“group insurance arrangement” means an arrangement between an employer and another for the provision by the other of facilities by way of insurance to the employer’s employees or to any class of those employees;
“licensing authority” F440, except in F451sections 36, 36A, 37A and 38, 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;
F450. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F434“Minister of the Crown” includes the Treasury and the Defence Council;
“occupational pension scheme” has the same meaning as in the M15Pension Schemes Act 1993;
“premises” includes land of any description;
“prescribed” means prescribed by regulations F441, except in section 28D (where it has the meaning given by section 28D(17));
“profession” includes any vocation or occupation;
“provider of services” has the meaning given in section 19(2)(b);
F446“public investigator functions” has the meaning given in subsection (1B);
“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 F442, except in sections 2(3), 28D, 28L(6), 28Q(7), 33, 49D F449. . . and 67 (provisions where the meaning of “regulations ”is apparent);
F430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“section 21 duty” means any duty imposed by or under section 21;
“subordinate legislation” has the same meaning as in section 21 of the M16Interpretation 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 M17Road Traffic Act 1988.

F4481A

In this Act “criminal investigation” means—

a

any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with, or in Scotland prosecuted for, an offence, or whether a person charged with or prosecuted for an offence is guilty of it;

b

any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct; or

c

any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to make a report to the procurator fiscal for the purpose of enabling him to determine whether criminal proceedings should be instituted.

1B

In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.

C511C

In subsections (1A) and (1B)—

“offence” includes F271any service offence within the meaning of the Armed Forces Act 2006, and
“offender” is to be construed accordingly.

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;
F428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F258“criminal investigation” has the meaning given in subsection (1A);
F259“criminal proceedings” includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006);
“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;
F260“employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (4)
F261“employment services” has the meaning given in section 21A(1);
“enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954 F262, and (except in section 56(5)) includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;
“government department” means a Northern Ireland department or a department of the Government of the United Kingdom;
F263“group insurance arrangement” means an arrangement between an employer and another for the provision by the other of facilities by way of insurance to the employer's employees or to any class of those employees;
F264“Minister of the Crown” includes the Treasury and the Defence Council
“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;
F265“the Office” means the Office of the First Minister and deputy First Minister;
“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);
F266“public investigator functions” has the meaning given in subsection (1B);
“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—
1. a
  F267in section 17A, regulations made by the Department for Employment and Learning;
2. b
  in Part V of this Act, regulations made by the Department of the Environment;
3. c
  F268in any other provision of this Act, regulations made by the Office of the First Minister and deputy First Minister:
F428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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;
F269“the 2005 Order” means the Special Educational Needs and Disability (Northern Ireland) Order 2005;
“vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42.

F2701A

In this Act “criminal investigation” means—

a

any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with or prosecuted for an offence is guilty of it; or

b

1B

In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.

C371C

In subsections (1A) and (1B)—

“offence” includes F271any service offence within the meaning of the Armed Forces Act 2006, and
“offender” is to be construed accordingly.

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.

F2742A

The following provisions of this Act—

a

section 36 so far as it applies to designated vehicles,

b

section 36A, and

c

section 38 (which has already been brought in force in England and Wales by an order under subsection (3)) so far as it extends to Scotland,

come into force 2 months after the passing of the Local Transport Act 2008.

P2 C383

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.

F2755A

Sections 7A F2767B and 49G extend to England and Wales only.

5B

Sections 7C and 7D extend to Scotland only.

6

F277Subject to subsections (5A) and (5B), this Act extends to England and Wales, Scotland and 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.

F2787

In Part II of Schedule 1 to the M10House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the M11Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) in each case insert at the appropriate places—

F279The 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

E66 C39SCHEDULE 1 Provisions Supplementing Section 1

Section 1(1).

Annotations:

Extent Information

E66

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)

C39

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

I351

Severe disfigurement

I373

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

I384

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

I395

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

I406

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 M12Disabled 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.

F2895A

The generality of sub-paragraph (5) shall not be taken to be prejudiced by the other provisions of this Schedule.

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

I418

1

Where—

a

a person has a progressive condition (such as cancer, multiple sclerosis or muscular dystrophy or F290HIV infection),

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.

F291Interpretation

Annotations:

Amendments (Textual)

F291

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).

I421

The modifications referred to in section 2 are as follows.

I60 E1622

References in Parts II F706to 4F707and 5A to a disabled person are to be read as references to a person who has had a disability.

I43 E1632

References in Parts II F292, III and VAF293and Part III of the 2005 Order to a disabled person are to be read as references to a person who has had a disability.

F7162A

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.

F312 E672A

In section 3A(5), after “not having that particular disability” insert “ and who has not had that particular disability ”.

F7172B

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 F721sections 3A(5) and 31AB(8), after “not having that particular disability” insert “ and who has not had that particular disability ”.

F708 I44 E1643

In sections 4A(1), 4B(4), 4E(1), F7094H(1), 6B(1), 7B(1), 7D(1), 14(1), 14B(1), 14D(1) F710, 15C(1) and 16A(4), section 21A(4)(a) (in the words to be read as section 19(1)(aa)) and section 21A(6)(a) (in the words to be substituted in section 21(1)) F711and section 31AD(1)(d), (2)(c) and (3), after “not disabled” (in each place it occurs) insert “ and who have not had a disability ”.

I443

In section 6(1), after “not disabled” insert “ and who have not had a disability ”.

F294 I44 E1653

In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) F295, 15C(1) and 16A(4), section 21A(4)(a) (in the words to be read as section 19(1)(aa)) and section 21A(6)(a) (in the words to be substituted in section 21(1)), after “not disabled” (in each place it occurs) insert “ and who have not had a disability ”.

F712 I45 E1664

In sections 4A(3)(b), 4E(3)(b), F7134H(3)(b), 6B(3)(b), 7B(4)(b), 7D(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) F714, 15C(3)(a)F715, 16A(6) and 31AD(4)(b), for “has” (in each place it occurs) substitute “ has had ”.

I454

In section 6(6), for “has” substitute “ has had ”.

F296 I45 E1674

In sections 4A(3)(b), 4E(3)(b), 4H(3)(b), 6B(3)(b), 7B(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) F297, 15C(3)(a) and 16A(6), for “has” (in each place it occurs) 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 ”.

F2984A

In section 28B(3)(a) and (4), after “disabled” insert “or that he had had a disability”.

F313 E684A

In section 24(3)(e)(i) and (f)(i), after “having” insert had.

F2994B

In section 28C(1), in paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.

F313 E694B

In sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute had not had.

F301 F3004C

In section 28S

a

in subsection (3)(a), after “disabled” insert “ or that he had had a disability ”,

b

in subsection (6)(a), after “who do not have” insert “ and have not had ”, and

c

in subsection (10), for “that particular disability” substitute “and who has not had that particular disability and

F3024D

In F718subsections (1), (1A), (1B) (1C) and (1D) of section 28T, after “not disabled” insert “and who have not had a disability”.

F3034E

In F719subsection (1) of that section as substituted by paragraphs 2 F7209, 14 and 21 of Schedule 4C, after “not disabled” insert “and who have not had a disability”.

I465

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.

F314 F3046

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.

F3057

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.

F3068

In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.

F3079

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 ”.

F30810

1

In Article 29 of the 2005 Order in paragraph (3)(a), after “disabled” insert “ or that he had had a disability ”;

2

in paragraph (6)(a) of that Article, after “who do not have” insert “ and have not had ”; and

3

in paragraph (10) of that Article, for “that particular disability” substitute “ and who has not had that particular disability and ”.

F30911

In Articles 30(1)(c), (1A)(d), (1B)(c), (1C) and (1D) and 37(1)(d), 2(c) and (3) of the 2005 Order, after “not disabled” insert “ and who have not had a disability ”.

F31012

In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”.

F31113

In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.

E72SCHEDULE 3Sections F34417A(8) and 25(6)F345, 31ADA Enforcement and Procedure

Annotations:

Extent Information

E72

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Amendments (Textual)

F344

Sch. 3: word in side note substituted (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), 29(2)(a) and same word substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(2)(a)

F345

Sch. 3: word in sidenote 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(2)

Part I Employment

Conciliation

F3151

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

Restriction on proceedings for breach of Part II

2 F3161

Except as provided by Part 2, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under that Part.

2

Sub-paragraph (1) does not prevent the making of an application for judicial review F317 or the investigation or determination of any matter in accordance with Part 10 (investigations) of the Pension Schemes Act 1993 F318 by the Pensions Ombudsman”F319 or the investigation or determination of any matter in accordance with the Part X (investigations: the Pensions Ombudsman) of the Pension Schemes (Northern Ireland) Act 1993 F320 by the Pensions Ombudsman.

F3213

Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 16B(2B).

Period within which proceedings must be brought

3

1

An F322employment tribunal shall not consider a complaint under F323section 17A or 25(8) unless it is presented before the end of the period of three months beginning when the act complained of was done.

2

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

3

For the purposes of sub-paragraph (1)—

a

where an unlawful act F324. . . 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.

4

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

shall be conclusive evidence of the matters certified.

2

A document purporting to be such a certificate F328as 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.

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

E1616

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.

F3292

Where, in relation to proceedings or prospective proceedings under section 25, the dispute concerned is referred for 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 allowed by that sub-paragraph shall be extended by three 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.

F334Staying or sisting proceedings on section 21B claim affecting criminal mattersF333Staying proceedings on section 21B claim affecting criminal matters

Annotations:

Amendments (Textual)

F334

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

F333

Sch. 3 paras. 6A, 6B inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 29(3); S.R. 2007/466, art. 2(2)(l)

F3346A

1

Sub-paragraph (2) applies where a party to proceedings under section 25 which have arisen by virtue of section 21B(1) has applied for a stay or sist of those proceedings on the grounds of prejudice to—

a

particular criminal proceedings;

b

a criminal investigation; or

c

a decision to institute criminal proceedings.

2

The court shall grant the stay or sist unless it is satisfied that the continuance of the proceedings under section 25 would not result in the prejudice alleged.

F333 E706A

were in operation at a time or throughout a time so specified,

shall be conclusive evidence of the matters certified.

4

In any proceedings under section 25, a certificate signed by or on behalf of the F331Welsh Ministers and certifying that any conditions or requirements specified in the certificate—

a

were imposed by the F332National 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.

5

A document purporting to be such a certificate as is mentioned in sub-paragraph (3) or (4) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

F338Part 3 DISCRIMINATION IN SCHOOLS

Annotations:

Amendments (Textual)

F338

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

F3359Restriction on proceedings for breach of Part 4, Chapter 1

1

Except as provided by sections 28I, 28K F677, 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.

F6783

Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 28J(9).

F33610Period within which proceedings must be brought

1

The F682. . . F679Welsh Tribunal shall not consider a claim under section 28I 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, the dispute concerned is referred for conciliation in pursuance of arrangements under F680section 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 F681three months..

3

The F682. . . F679Welsh Tribunal may consider any claim under section 28I 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 F682. . . F679Welsh 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, 28K or 28L, a certificate signed by or on behalf of the F686Welsh Ministers and certifying that any conditions or requirements specified in the certificate—

a

were imposed by the F687National 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 F685as 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.

F343Part 4 DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS

Annotations:

Amendments (Textual)

F343

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

F33912Restriction on proceedings for breach of Part 4, Chapter 2

1

Except as provided by F688Chapter 2 of Part 4, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under F689that Chapter.

2

Sub-paragraph (1) does not prevent the making of an application for judicial review.

F34013Period 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.

F6902

If, in relation to proceedings or prospective proceedings under section 28V—

a

the dispute concerned is referred for conciliation in pursuance of arrangements under F692section 27 of the Equality Act 2006 before the end of the period of six months mentioned in sub-paragraph (1), or

b

in England and Wales, in a case not falling within paragraph (a), the dispute concerned relates to the act or omission of a qualifying institution and is referred as a complaint under the student complaints scheme before the end of that period,

the period of six months allowed by sub-paragraph (1) shall be extended by F693three months..

2A

In sub-paragraph (2)(b)—

“qualifying institution” has the meaning given by section 11 of the Higher Education Act 2004;
“the student complaints scheme” means a scheme for the review of qualifying complaints, as defined by section 12 of that Act, that is provided by the designated operator, as defined by section 13(5)(b) of that Act.

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 F691. . . 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

F346Part 5Discrimination in General Qualifications Bodies

Annotations:

Amendments (Textual)

F346

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

F416SCHEDULE 3AVALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

Section 17C

Annotations:

Amendments (Textual)

F416

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

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 operation; 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.

1

On the application of a disabled person interested in a contract to which paragraph 1(1) or (2) applies, a county 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 industrial 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 operation 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 IIIinterpretation

10

In this Schedule “collective agreement” means any agreement relating to one or more of the matters mentioned in Article 96(1) of the Industrial Relations (Northern Ireland) Order 1992 (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.

F351 C4011

Any reference in this Schedule to this Part of this Act shall be taken to include a reference to Part III of this Act, to the extent that it relates to—

a

the provision of employment services; or

b

the provision under a group insurance arrangement of facilities by way of insurance.

F35212

Where a term to which section 26(1A)(c) applies is a term in an agreement which is not a contract, Part I of this Schedule shall have effect as if the agreement were a contract.

F417SCHEDULE 3AVALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

Section 17C

Annotations:

Amendments (Textual)

F417

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

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.

2

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

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 F731 (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.

F73211

Any reference in this Schedule to this Part of this Act shall be taken to include a reference to Part 3 of this Act, to the extent that it relates to—

a

the provision of employment services; or

b

the provision under a group insurance arrangement of facilities by way of insurance.

F73312

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.

E74SCHEDULE 4 Premises Occupied Under Leases

Sections F37318A(5) and 27(5) F37431ADB.

Annotations:

Extent Information

E74

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Amendments (Textual)

F373

Sch. 4 : word in side note substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(a) and said words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(a)

F374

Sch. 4: words in shoulder note 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(2)}

C44Part I Occupation by F361EMPLOYER etc

Annotations:

Amendments (Textual)

F361

Sch. 4 Pt. 1: words in heading substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(b) and said words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(b)

Modifications etc. (not altering text)

C44

Pt. 1 modified (E.W.S.) (1.10.2004) by The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations 2004 (S.I. 2004/153), regs. 4-9 and said Part 1 modified (N.I.) (1.10.2004) by the Disability Discrimination (Employment Field) (Leasehold Premises) Regulations (Northern Ireland) 2004 (S.R. 2004/374), regs. 4-9

Joining lessors in proceedings under F357section 17A F358. . .

Annotations:

Amendments (Textual)

F357

Sch. 4: words in cross-heading preceding para. 2 substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(d) and same words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(d)

F358

Sch. 4 para. 2: words in heading omitted (E.W.S.) (5.12.2005) by virtue of Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(2)(a); S.I. 2005/2774, art. 3(j) and same words omitted (N.I.) (31.12.2007) by virtue of The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(2)(a); S.R. 2007/466, art. 2(2)(l)

E168 C422

1

In any proceedings F354on a complaint under section 17A, in a case to which F355section 18A 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 F356section 17A(2).

9

If the tribunal orders the lessor to pay compensation it may not make an order under F356section 17A(2) ordering the occupier to do so.

Regulations

I47 C433

Regulations may make provision as to circumstances in which—

a

a lessor is to be taken, for the purposes of F359section 18A 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.

I484

The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by F360section 18A 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.

C45 C46Part II Occupation by F364persons subject to a duty under section 21, 21E or 21H

Annotations:

Amendments (Textual)

F364

Sch. 4 Pt. 2: words in heading substituted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(3); S.I. 2005/2774, art. 4(f) and said words substituted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(3); S.R. 2007/466, art. 2(l)

Modifications etc. (not altering text)

C45

Sch. 4 Pt. II modified (1.10.2004) by S.I. 2001/3253, reg. 9

C46

Sch. 4 Pt. II modified (N.I.) (1.10.2004) by The Disability Discrimination (Providers of Services) (Adjustment of Premises) Regulations (Northern Ireland) 2003 (S.R. 2003/109), reg. 9

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 F363under section 25 in a case to which section 27 applies, other than a claim presented as a complaint under section 25(8), 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.

F366F365Joining lessors in proceedings relating to group insurance or employment services

Annotations:

Amendments (Textual)

F366

Sch. 4 para. 7A and cross-heading inserted ((N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(6); S.R. 2007/466, art. 2(2)(l)

F365

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)

F3657A

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

I498

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.

I509

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.

F372 C47 C48Part 3 OCCUPATION BY EDUCATIONAL INSTITUTIONS

Annotations:

Amendments (Textual)

F372

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)

C47

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)

C48

Sch. 4 Pt. 3 modified (1.5.2005) by The Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulations 2005, {reg. 7}

F36710Failure to obtain consent

If any question arises as to whether a responsible body has failed to comply with the duty imposed by section 28T F723or section 28UA(5), 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.

F36811Reference 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.

F37114Sub-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.

F375PART 4Occupation by General Qualifications Bodies

Annotations:

Amendments (Textual)

F375

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.

F376SCHEDULE 4A RESPONSIBLE BODIES FOR SCHOOLS

Section 28A

Annotations:

Amendments (Textual)

F376

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 F724or maintained nursery 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. F725. . .	F725. . .
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.

F379SCHEDULE 4B RESPONSIBLE BODIES FOR EDUCATIONAL INSTITUTIONS

Section 28R

Annotations:

Amendments (Textual)

F379

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

F3771

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.

F3782

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.

F418SCHEDULE 4CMODIFICATIONS OF CHAPTER 2 OF PART 4

Section 28U

Annotations:

Amendments (Textual)

F418

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

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.

2

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 and 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.

3

In subsections (2) and (4) of section 28T, for “any of subsections (1) to (1D)” there is substituted “ subsection (1) ”.

4

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 ”.

5

Section 31A is omitted.

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;
F734“Recreational or training facilities” means—
a
in the case of a local education authority in England, any facilities secured by the authority under section 507A or 507B of the Education Act 1996 F735 (functions of local education authorities in England in respect of recreation etc.), and
b
in the case of a local education authority in Wales, any facilities secured by the authority under subsection (1), or provided by them under subsection (1A), of section 508 of that Act (functions of local education authorities in Wales in respect of recreation and social and physical training).

7

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.

8

In section 28S, 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.

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.

F396 F397SCHEDULE 5 The National Disability Council

Section 50(8).

Annotations:

Amendments (Textual)

F396

Sch. 5 repealed (E.W.S.)(25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

F397

Sch. 5 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch.

F381 Status

Annotations:

E751

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)

E762

F398. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F399 E773

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

Companies Act 1985 (c. 6)

E784

F400. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

I51 E80SCHEDULE 7 Repeals

Section 70(5).

Annotations:

Commencement Information

I51

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

E80

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.

E81SCHEDULE 8 Modifications of this Act in its application to Northern Ireland

Section 70(6).

Annotations:

Extent Information

E81

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

F401. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F404. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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”.

F40514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 ”.

F40621A

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).

F40733. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40834

F4081

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

F4082

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

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 F409the Equality Commission for Northern Ireland 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, F409the Equality Commission for Northern Ireland shall consult—
a
such persons (if any) as the responsible department has specified in making its request to F409the Equality Commission for Northern Ireland; and
b
such other persons (if any) as F409the Equality Commission for Northern Ireland considers appropriate.
3
Before making any proposal F409the Equality Commission for Northern Ireland 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 F409the Equality Commission for Northern Ireland 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 F409the Equality Commission for Northern Ireland 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 ”.

F4102

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

F704. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F705. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

F705. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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
F411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Any other order made under this Act, other than an order under section 3(9), F41254A(6)(a) 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.

F4132

In section 68—

a

for subsection (2) substitute— “

2

Where an employee does his work wholly outside Northern Ireland, his employment is not to be treated as being work at an establishment in Northern Ireland. ”; and

b

in subsections (3) and (4) for “Great Britain” wherever it occurs substitute “Northern Ireland”.

48

1

In section 70(3) for “Secretary of State” substitute “ Department of Health and Social Services ”.

2

In section 70(8) for “the Secretary of State” substitute “ a Northern Ireland department ” and for “him” substitute “ it ”.

49

1

In Schedule 1 in paragraph 7(1) for “Act 1944” substitute “ Act (Northern Ireland) 1945 ”.

2

In Schedule 1 in paragraph 7(7) for “1944” substitute “ 1945 ”.

50

1

In Schedule 3 in paragraph 1—

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 ”.

F41452. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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
F415. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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

I54E912 Past disabilities.

1

2

3

4

5

I2E922 Past disabilities.

1

2

3

4

5

I3E933 Guidance.

F471A1

1

a

b

2

a

b

c

d

3

F4703A

a

b

c

4

5

6

7

8

9

10

11

a

b

12

I3E943 Guidance.

F9A1

1

a

b

2

a

b

c

d

3

F144

5

6

7

8

9

10

11

a

b

12

C8Part IIF74THE EMPLOYMENT FIELDF75 AND DISTRICT COUNCILSF76and members of locally-electable authorities

F77Meaning of “discrimination” and “harassment”

3AMeaning of “discrimination”

1

a

b

2

3

4

5

6

3BMeaning of “harassment”

1

a

b

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

I54 E912 Past disabilities.

I2 E922 Past disabilities.

I3 E933 Guidance.

I3 E943 Guidance.

F478 E95 C52 C53 C544 Discrimination against applicants and employees.

F15 E964 Discrimination against applicants and employees.

F479 E2 C564AC55Employers: duty to make adjustments