Disability Discrimination Act 1995

Part I U.K. Disability

1 Meaning of “disability” and “disabled person”. U.K.

(1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act [F1 and Part III of the 2005 Order] if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

(2) In this Act [F1 and Part III of the 2005 Order]“disabled person” means a person who has a disability.

Textual Amendments

F1 Words in s. 1 inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1(2)(d)(3)(b),{48(2)}; S.R. 2005/336, art. 2, Sch (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 1 applied (N.I.) (6.4.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 2(3)

Commencement Information

I1 S. 1 wholly in force at 30.5.1996; s. 1 not in force at Royal Assent see. s. 70(3); s. 1 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(a); s. 1 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(a)

2 Past disabilities. E+W+S

(1) The provisions of this Part and Parts II [F2 to 4][F3 and 5A] apply in relation to a person who has had a disability as they apply in relation to a person who has that disability.

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

(3) Any regulations or order made under this Act [F4 by the Secretary of State, the Scottish Ministers or the [F5 Welsh Ministers]] may include provision with respect to persons who have had a disability.

(4) In any proceedings under Part [F6 2, 3, 4 or 5A] of this Act, the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act in force when the act complained of was done had been in force at the relevant time.

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

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F2 S. 2(1): words “to 4” substituted for words “and III” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(2)(a) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F3 Words in s. 2(1) inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 2(2); S.I. 2005/2774, art. 3(j)

F4 Words in s. 2(3) inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 2(1)(3); S.I. 2005/1676, art. 2(1)(c)

F5 Words in s. 2(3) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 48}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F6 Words in s. 2(4) substituted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 2(4); S.I. 2005/2774, art. 4(f)

Commencement Information

I2 S. 2 wholly in force at 30.5.1996; s. 2 not in force at Royal Assent see. s. 70(3); s. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(b); s. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(b)

2 Past disabilities. N.I.

(1) The provisions of this Part and Parts II and III [F395 and Part III of the 2005 Order] apply in relation to a person who has had a disability as they apply in relation to a person who has that disability.

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

(3) Any regulations or order made under this Act [F396 or Part III of the 2005 Order] may include provision with respect to persons who have had a disability.

(4) In any proceedings under Part II or Part III of this Act [F397 or Part III of the 2005 Order], the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act [F397 or Part III of the 2005 Order] in force when the act complained of was done had been in force at the relevant time.

(5) The relevant time may be a time before the passing of this Act [F398 or (as the case may be) the making of the 2005 Order].

Extent Information

E76 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

F395 Words in s. 2(1) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(a)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F396 Words in s. 2(3) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(b)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F397 Words in s. 2(4) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(c)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F398 Words in s. 2(5) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(d)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

Commencement Information

I36 S. 2 wholly in force at 30.5.1996; s. 2 not in force at Royal Assent see. s. 70(3); s. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(b); s. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(b)

3 Guidance. E+W+S

[F7 (A1) The Secretary of State may issue guidance about matters to be taken into account in determining whether a person is a disabled person.]

(1) [F8 Without prejudice to the generality of subsection (A1), ]the Secretary of State may [F8 , in particular,] issue guidance about the matters to be taken into account in determining—

(a) whether an impairment has a substantial adverse effect on a person’s ability to carry out normal day-to-day activities; or

(b) whether such an impairment has a long-term effect.

(2) [F9 Without prejudice to the generality of subsection (A1), guidance about the matters mentioned in subsection (1)] may, among other things, give examples of—

(a) effects which it would be reasonable, in relation to particular activities, to regard for purposes of this Act as substantial adverse effects;

(b) effects which it would not be reasonable, in relation to particular activities, to regard for such purposes as substantial adverse effects;

(c) substantial adverse effects which it would be reasonable to regard, for such purposes, as long-term;

(d) substantial adverse effects which it would not be reasonable to regard, for such purposes, as long-term.

(3) [F10 An adjudicating body] determining, for any purpose of this Act, whether [F11 a person is a disabled person], shall take into account any guidance which appears to it to be relevant.

[F12 (3A) “Adjudicating body” means—

(a) a court;

(b) a tribunal; and

(c) any other person who, or body which, may decide a claim under Part 4.]

(4) In preparing a draft of any guidance, the Secretary of State shall consult such persons as he considers appropriate.

(5) Where the Secretary of State proposes to issue any guidance, he shall publish a draft of it, consider any representations that are made to him about the draft and, if he thinks it appropriate, modify his proposals in the light of any of those representations.

(6) If the Secretary of State decides to proceed with any proposed guidance, he shall lay a draft of it before each House of Parliament.

(7) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed guidance.

(8) If no such resolution is made within the 40-day period, the Secretary of State shall issue the guidance in the form of his draft.

(9) The guidance shall come into force on such date as the Secretary of State may appoint by order.

(10) Subsection (7) does not prevent a new draft of the proposed guidance from being laid before Parliament.

(11) The Secretary of State may—

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

(b) by order revoke any guidance.

(12) In this section—

• “40-day period”, in relation to the draft of any proposed guidance, means—

  (a)

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

  (b)

  in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

  no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days; and

• “guidance” means guidance issued by the Secretary of State under this section and includes guidance which has been revised and re-issued.

Extent Information

E2 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F7 S. 3(A1) inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 3(2); S.I. 2005/1676, art. 2(1)(c)

F8 Words in s. 3(1) inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 3(3); S.I. 2005/1676, art. 2(1)(c)

F9 Words in s. 3(2) substituted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 3(4); S.I. 2005/1676, art. 2(1)(c)

F10 S. 3(3): words substituted for words "A tribunal or court" (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(3) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F11 Words in s. 3(3) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 3(5); S.I. 2005/2774, art. 3(j)

F12 S. 3(3A) inserted (E.W.S) (1.9.2002) by 2001 c. 10, s. 38(4) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Commencement Information

I3 S. 3 wholly in force at 30.5.1996; s. 3 not in force at Royal Assent see. s. 70(3); s. 3 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(c); s. 3 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(c)

3 Guidance. N.I.

[F399 (A1) The Office may issue guidance about matters to be taken into account in determining whether a person is a disabled person.]

(1) [F400 Without prejudice to the generality of subsection (A1), the Office may, in particular,] issue guidance about the matters to be taken into account in determining—

(a) whether an impairment has a substantial adverse effect on a person’s ability to carry out normal day-to-day activities; or

(b) whether such an impairment has a long-term effect.

(2) [F401 Without prejudice to the generality of subsection (A1), guidance about the matters mentioned in subsection (1)] may, among other things, give examples of—

(a) effects which it would be reasonable, in relation to particular activities, to regard for purposes of this Act as substantial adverse effects;

(b) effects which it would not be reasonable, in relation to particular activities, to regard for such purposes as substantial adverse effects;

(c) substantial adverse effects which it would be reasonable to regard, for such purposes, as long-term;

(d) substantial adverse effects which it would not be reasonable to regard, for such purposes, as long-term.

(3) A tribunal or court determining, for any purpose of this Act [F402 or Part III of the 2005 Order] , whether an impairment has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities,shall take into account any guidance which appears to it to be relevant.

[F403 (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.]

Extent Information

E77 This version of this provision extends to Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 2 and any subsequent amendments; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F399 S. 3(A1) inserted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 3(2); S.R. 2006/289, art. 2(1)(b)

F400 Words in s. 3(1) substituted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 3(3); S.R. 2006/289, art. 2(1)(b)

F401 Words in s. 3(2) substituted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 3(4); S.R. 2006/289, art. 2(1)(b)

F402 Words in s. 3(3) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1(2)(d)(3)(b), {48(4)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F403 S. 3(4)-(12) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 2(2) of this Act

Commencement Information

I3 S. 3 wholly in force at 30.5.1996; s. 3 not in force at Royal Assent see. s. 70(3); s. 3 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(c); s. 3 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(c)

Part II U.K. [F13 THE EMPLOYMENT FIELD] [F14 and members of locally-electable authorities]

Textual Amendments

F13 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)

F14 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)}

[F15 Meaning of “discrimination” and “harassment” U.K.

Textual Amendments

F15 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)}

3A Meaning of “discrimination” U.K.

 

(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.

3B Meaning of “harassment” U.K.

 

(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.]

[F16 Employment] U.K.

Textual Amendments

F16 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

[F17 4 Discrimination against applicants and employees. E+W+S

 

(1) It is unlawful for an employer to discriminate against a disabled person—

(a) in the arrangements which he makes for the purpose of determining to whom he should offer employment;

(b) in the terms on which he offers that person employment; or

(c) by refusing to offer, or deliberately not offering, him employment.

(2) It is unlawful for an employer to discriminate against a disabled person whom he employs—

(a) in the terms of employment which he affords him;

(b) in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit;

(c) by refusing to afford him, or deliberately not affording him, any such opportunity; or

(d) by dismissing him, or subjecting him to any other detriment.

(3) It is also unlawful for an employer, in relation to employment by him, to subject to harassment—

(a) a disabled person whom he employs; or

(b) a disabled person who has applied to him for employment.

(4) Subsection (2) does not apply to benefits of any description if the employer 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 employee in question, unless—

(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) to the termination of that person’s employment 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 employment is renewed on the same terms; and

(b) to the termination of that person’s employment 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 employer.

(6) This section applies only in relation to employment at an establishment in Great Britain.]

Extent Information

E3 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F17 Ss. 4-4F and cross-headings substituted (E.W.S) (3.7.2003 for certain purposes and 1.10.2004 otherwise) for ss. 4-6 by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5

Modifications etc. (not altering text)

C2 S. 4 modified (E.W.) (2.3.1998 subject to art. 1(2) of the amending S.I.) by S.I. 1998/218, arts. 1(2), 3(1), Sch. (with art. 3(2)(b))

S. 4 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

C3 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}

C4 Ss. 4-6 modified (W.) (12.5.2006) by virtue of The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.

[F404 4 Discrimination against applicants and employees. N.I.

(1) It is unlawful for an employer to discriminate against a disabled person –

(a) in the arrangements which he makes for the purpose of determining to whom he should offer employment;

(b) in the terms on which he offers that person employment; or

(c) by refusing to offer, or deliberately not offering, him employment.

(2) It is unlawful for an employer to discriminate against a disabled person whom he employs –

(a) in the terms of employment which he affords him;

(b) in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit;

(c) by refusing to afford him, or deliberately not affording him, any such opportunity; or

(d) by dismissing him, or subjecting him to any other detriment.

(3) It is also unlawful for an employer, in relation to employment by him, to subject to harassment –

(a) a disabled person whom he employs; or

(b) a disabled person who has applied to him for employment.

(4) Subsection (2) does not apply to benefits of any description if the employer 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 employee in question, unless –

(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) to the termination of that person’s employment 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 employment is renewed on the same terms; and

(b) to the termination of that person’s employment 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 employer.

(6) This section applies only in relation to employment at an establishment in Northern Ireland.]

Extent Information

E78 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

F404 Ss. 4-4K and cross-headings substituted for s. 4 (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

[F18 4A Employers: duty to make adjustments E+W+S

 

(1) Where—

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

(b) any physical feature of premises occupied by the employer,

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

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

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

(b) in any other case, a disabled person who is—

(i) an applicant for the employment concerned, or

(ii) an employee of the employer concerned.

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

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

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

Extent Information

E4 This section extends to England and Wales and Scotland only until 1.10.2010; a separate s. 4A exists for Northern Ireland only from 21.2.2004 .

Textual Amendments

F18 Ss. 4-4F and cross-headings substituted for ss. 4-6 (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

Modifications etc. (not altering text)

C5 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}

C6 Ss. 4-6 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.

[F405 4A Employers: duty to make adjustments N.I.

(1) Where –

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

(b) any physical feature of premises occupied by the employer,

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

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

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

(b) in any other case, a disabled person who is –

(i) an applicant for the employment concerned, or

(ii) an employee of the employer concerned.

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

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

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

Extent Information

E79 This section extends to Northern Ireland only; a separate s. 4A exists for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F405 Ss. 4-4K and cross-headings substituted for s. 4 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004, regs. 1(2)(3), {5(1)}

F19 5 Meaning of “discrimination” U.K.

F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Ss. 4-4F and cross-headings substituted for ss. 4-6 (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(2)

F20 S. 5 repealed (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5

F21 6 Duty of employer to make adjustments. U.K.

F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Ss. 4-4F and cross-headings substituted for ss. 4-6 (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(2)

F22 S. 6 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), 5(2)

7 Exemption for small businesses. U.K.

F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 S. 7 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 (S.I. 2003/1673), regs. 1(2)(3), {7} and s. 7 repealed (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), {7}

F24 [F25 Contract workers] U.K.

Textual Amendments

F24 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)

F25 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)

[F26 4B Contract workers E+W+S

 

(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.]

Extent Information

E5 This section extends to England, Wales and Scotland only until 1.10.2010; a separate s. 4B exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F26 Ss. 4-4F and cross-headings substituted (E.W.S.) for ss. 4-6 and preceding cross-heading (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5(1)

Modifications etc. (not altering text)

C7 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}

C8 Ss. 4-6 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order (S.I. 2006/1073), art. 3,{Sch.}

[F406 4B Contract workers N.I.

(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 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.]

Extent Information

E80 This section extends to Northern Ireland only; a separate s. 4B exists for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F406 Ss. 4-4K and cross-headings substituted for s. 4 (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)

F24 [F25 Office-holders] U.K.

[F25 4C Office-holders: introductory E+W+S

 

(1) Subject to subsection (5), sections 4D and 4E apply to an office or post if—

(a) no relevant provision of this Part applies in relation to an appointment to the office or post; and

(b) one or more of the conditions specified in subsection (3) is satisfied.

(2) The following are relevant provisions of this Part for the purposes of subsection (1)(a): section 4, section 4B, section 6A, section 7A, section 7C [F27 , section 14C and section 15B(3)(b)].

(3) The conditions specified in this subsection are that—

(a) the office or post is one to which persons are appointed to discharge functions personally under the direction of another person, and in respect of which they are entitled to remuneration;

(b) the office or post is one to which appointments are made by a Minister of the Crown, a government department, the [F28 Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government] or any part of the Scottish Administration;

(c) the office or post is one to which appointments are made on the recommendation of, or subject to the approval of, a person referred to in paragraph (b).

(4) For the purposes of subsection (3)(a) the holder of an office or post—

(a) is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions;

(b) is not to be regarded as entitled to remuneration merely because he is entitled to payments—

(i) in respect of expenses incurred by him in carrying out the functions of the office or post, or

(ii) by way of compensation for the loss of income or benefits he would or might have received from any person had he not been carrying out the functions of the office or post.

(5) Sections 4D and 4E do not apply to—

(a) any office of the House of Commons held by a member of it,

(b) a life peerage within the meaning of the Life Peerages Act 1958 F29 , or any office of the House of Lords held by a member of it,

(c) any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975 F30 ,

(d) the offices of Leader of the Opposition, Chief Opposition Whip or Assistant Opposition Whip within the meaning of the Ministerial and other Salaries Act 1975 F31 ,

(e) any office of the Scottish Parliament held by a member of it,

(f) a member of the Scottish Executive within the meaning of section 44 of the Scotland Act 1998 F32 , or a junior Scottish Minister within the meaning of section 49 of that Act,

(g) any office of the National Assembly for Wales held by a member of it,

[F33 (ga) a member of the Welsh Assembly Government,]

(h) in England, any office of a county council, a London borough council, a district council or a parish council held by a member of it,

(i) in Wales, any office of a county council, a county borough council or a community council held by a member of it,

(j) in relation to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 F34 or a community council established under section 51 of the Local Government (Scotland) Act 1973 F35 , any office of such a council held by a member of it,

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

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

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

(n) any office of a political party.]

Extent Information

E6 This section extends to England, Wales and Scotland only until 1.10.2010; a separate s. 4C exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F27 Words in s. 4C(1) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 5; S.I. 2005/2774, art. 3(j)

F28 Words in s. 4C(3)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 49(2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F29 1958 c. 21.

F30 1975 c. 24. Schedule 2 was amended by S.I. 2002/794, article 5(2), Schedule 2 and by the Scotland Act 1998 sections 48(6), 125, Schedule 9 and section 87(1).

F31 1975 c. 27.

F32 1998 c. 46.

F33 S. 4C(5)(ga) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 49(3), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F34 1994 c. 39.

F35 1973 c. 65, amended by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180(2), Schedule 14, paragraph 1.

Modifications etc. (not altering text)

C9 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. Sch.

C10 Ss. 4-6 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order (S.I. 2006/1073), art. 3,{Sch.}

[F407 4C Office-holders: introductory N.I.

(1) Subject to subsection (5), sections 4D and 4E apply to an office or post if –

(a) no relevant provision of this Part applies in relation to an appointment to the office or post; and

(b) one or more of the conditions specified in subsection (3) is satisfied.

(2) The following are relevant provisions of this Part for the purposes of subsection (1)(a): section 4, section 4B, section 6A, section 7A and section 14C.

(3) The conditions specified in this subsection are that –

(a) the office or post is one to which persons are appointed to discharge functions personally under the direction of another person, and in respect of which they are entitled to remuneration;

(b) the office or post is one to which appointments are made by a Minister of the Crown, a Northern Ireland Minister or a government department;

(c) the office or post is one to which appointments are made on the recommendation of, or subject to the approval of, a body or person referred to in paragraph (b) or the Assembly.

(4) For the purposes of subsection (3)(a) the holder of an office or post –

(a) is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions;

(b) is not to be regarded as entitled to remuneration merely because he is entitled to payments –

(i) in respect of expenses incurred by him in carrying out the functions of the office or post, or

(ii) by way of compensation for the loss of income or benefits he would or might have received from any person had he not been carrying out the functions of the office or post.

(5) Sections 4D and 4E do not apply to –

(a) any office of the House of Commons held by a member of it;

(b) a life peerage within the meaning of the Life Peerages Act 1958 F408 , or any office of the House of Lords held by a member of it;

(c) any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975;

(d) any office of the Assembly held by a member of it;

(e) any office of a district council held by a member of it; or

(f) any office of a political party.]

Extent Information

E81 This section extends to Northern Ireland only; a separate s. 4C exists for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F407 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)

F408 1958 c. 21

[F25 4D Office-holders: discrimination and harassment E+W+S

 

(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.

(2) It is unlawful for a relevant person, in relation to an appointment to an office or post to which this section applies and which satisfies the condition set out in section 4C(3)(c), to discriminate against a disabled person—

(a) in the arrangements which he makes for the purpose of determining who should be recommended or approved in relation to the appointment; or

(b) in making or refusing to make a recommendation, or giving or refusing to give an approval, in relation to the appointment.

(3) It is unlawful for a relevant person, in relation to a disabled person who has been appointed to an office or post to which this section applies, to discriminate against him—

(a) in the terms of the appointment;

(b) in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit, or by refusing to afford him any such opportunity;

(c) by terminating the appointment; or

(d) by subjecting him to any other detriment in relation to the appointment.

(4) It is also unlawful for a relevant person, in relation to an office or post to which this section applies, to subject to harassment a disabled person—

(a) who has been appointed to the office or post;

(b) who is seeking or being considered for appointment to the office or post; or

(c) who is seeking or being considered for a recommendation or approval in relation to an appointment to an office or post satisfying the condition set out in section 4C(3)(c).

(5) Subsection (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the disabled person belongs, unless—

(a) that provision differs in a material respect from the provision of the benefits to persons appointed to offices or posts which are the same as, or not materially different from, that to which the disabled person has been appointed;

(b) the provision of the benefits to the person appointed is regulated by the terms and conditions of his appointment; or

(c) the benefits relate to training.

(6) In subsection (3)(c) the reference to the termination of the appointment includes a reference—

(a) to the termination of the appointment 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 appointment is renewed on the same terms and conditions; and

(b) to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment by reason of the conduct of the relevant person.

(7) In this section—

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

(b) references to refusal include references to deliberate omission.]

Extent Information

E7 This section extends to England, Wales and Scotland only until 1.10.2010; a separate s. 4D exists for Northern Ireland only from 21.2.2004.

Modifications etc. (not altering text)

C11 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}

C12 Ss. 4-6 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order (S.I. 2006/1073), art. 3,{Sch.}

[F407 4D Office-holders: discrimination and harassment N.I.

(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.

(2) It is unlawful for a relevant person, in relation to an appointment to an office or post to which this section applies and which satisfies the condition set out in section 4C(3)(c), to discriminate against a disabled person –

(a) in the arrangements which he makes for the purpose of determining who should be recommended or approved in relation to the appointment; or

(b) in making or refusing to make a recommendation, or giving or refusing to give an approval, in relation to the appointment.

(3) It is unlawful for a relevant person, in relation to a disabled person who has been appointed to an office or post to which this section applies, to discriminate against him –

(a) in the terms of the appointment;

(b) in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit, or by refusing to afford him any such opportunity;

(c) by terminating the appointment; or

(d) by subjecting him to any other detriment in relation to the appointment.

(4) It is also unlawful for a relevant person, in relation to an office or post to which this section applies, to subject to harassment a disabled person –

(a) who has been appointed to the office or post;

(b) who is seeking or being considered for appointment to the office or post; or

(c) who is seeking or being considered for a recommendation or approval in relation to an appointment to an office or post satisfying the condition set out in section 4C(3)(c).

(5) Subsection (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the disabled person belongs, unless –

(a) that provision differs in a material respect from the provision of the benefits to persons appointed to offices or posts which are the same as, or not materially different from, that to which the disabled person has been appointed;

(b) the provision of the benefits to the person appointed is regulated by the terms and conditions of his appointment; or

(c) the benefits relate to training.

(6) In subsection (3)(c) the reference to the termination of the appointment includes a reference –

(a) to the termination of the appointment 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 appointment is renewed on the same terms and conditions; and

(b) to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment by reason of the conduct of the relevant person.

(7) In this section –

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

(b) references to refusal include references to deliberate omission.]

Extent Information

E82 This section extends to Northern Ireland only; a separate s. 4D existed for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F407 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)

[F25 4E Office-holders: duty to make adjustments E+W+S

 

(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,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the relevant person to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, 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 who should be appointed to, or recommended or approved in relation to, an office or post to which this section applies, any disabled person who—

(i) is, or has notified the relevant person that he may be, seeking appointment to, or (as the case may be) seeking a recommendation or approval in relation to, that office or post, or

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

(b) in any other case, a disabled person—

(i) who is seeking or being considered for appointment to, or a recommendation or approval in relation to, the office or post concerned, or

(ii) who has been appointed to the office or post concerned.

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

(a) in the case of a person who is being considered for, or is or may be seeking, appointment to, or a recommendation or approval in relation to, an office or post, that the disabled person concerned—

(i) is, or may be, seeking appointment to, or (as the case may be) seeking a recommendation or approval in relation to, that office or post, or

(ii) 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).]

Extent Information

E8 This section extends to England, Wales and Scotland only until 1.10.2010; a separate s. 4E exists for Northern Ireland only from 21.2.2004.

Modifications etc. (not altering text)

C13 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}

C14 Ss. 4-6 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order (S.I. 2006/1073), art. 3,{Sch.}

[F407 4E Office-holders: duty to make adjustments N.I.

(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,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the relevant person to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, 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 who should be appointed to, or recommended or approved in relation to, an office or post to which this section applies, any disabled person who –

(i) is, or has notified the relevant person that he may be, seeking appointment to, or (as the case may be) seeking a recommendation or approval in relation to, that office or post, or

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

(b) in any other case, a disabled person –

(i) who is seeking or being considered for appointment to, or a recommendation or approval in relation to, the office or post concerned, or

(ii) who has been appointed to the office or post concerned.

(3) Nothing in this section imposes any duty on the relevant person in relation to a disabled person if the relevant person does not know, and could not reasonably be expected to know –

(a) in the case of a person who is being considered for, or is or may be seeking, appointment to, or a recommendation or approval in relation to, an office or post, that the disabled person concerned –

(i) is, or may be, seeking appointment to, or (as the case may be) seeking a recommendation or approval in relation to, that office or post, or

(ii) 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).]

Extent Information

E83 This section extends to Northern Ireland only; a separate s. 4E existed for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F407 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)

[F25 4F Office-holders: supplementary E+W+S

 

(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.]

Extent Information

E9 This section extends to England, Wales and Scotland only until 1.10.2010 ; a separate s. 4F exists for Northern Ireland only from 21.2.2004.

Modifications etc. (not altering text)

C15 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}

C16 Ss. 4-6 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order (S.I. 2006/1073), art. 3,{Sch.}

[F407 4F Office-holders: supplementary N.I.

(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.]

Extent Information

E84 This section extends to Northern Ireland only; a separate s. 4F existed for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F407 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)

F24 [F25 Occupational pension schemes] U.K.

4G Occupational pension schemes: non-discrimination rule E+W+S

 

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

(a) a requirement that the trustees or managers of the scheme refrain from discriminating against a relevant disabled person in carrying out any of their functions in relation to the scheme (including in particular their functions relating to the admission of members to the scheme and the treatment of members of the scheme);

(b) a requirement that the trustees or managers of the scheme do not subject a relevant disabled person to harassment in relation to the scheme.

(2) The other provisions of the scheme are to have effect subject to the non- discrimination rule.

(3) It is unlawful for the trustees or managers of an occupational pension scheme—

(a) to discriminate against a relevant disabled person contrary to requirement (a) of the non-discrimination rule; or

(b) to subject a relevant disabled person to harassment contrary to requirement (b) of the non-discrimination rule.

(4) The non-discrimination rule does not apply in relation to rights accrued, or benefits payable, in respect of periods of service prior to the coming into force of this section (but it does apply to communications with members or prospective members of the scheme in relation to such rights or benefits).

(5) The trustees or managers of an occupational pension scheme may, if—

(a) they do not (apart from this subsection) have power to make such alterations to the scheme as may be required to secure conformity with the non-discrimination rule, or

(b) 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) 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).

Extent Information

E10 This section extends to England and Wales and Scotland only; a separate s. 4G exists for Northern Ireland only.

Modifications etc. (not altering text)

C17 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}

[F24 4G Occupational pension schemes: non-discrimination rule N.I.

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

(a) a requirement that the trustees or managers of the scheme refrain from discriminating against a relevant disabled person in carrying out any of their functions in relation to the scheme (including in particular their functions relating to the admission of members to the scheme and the treatment of members of the scheme);

(b) a requirement that the trustees or managers of the scheme do not subject a relevant disabled person to harassment in relation to the scheme.

(2) The other provisions of the scheme are to have effect subject to the non-discrimination rule.

(3) It is unlawful for the trustees or managers of an occupational pension scheme –

(a) to discriminate against a relevant disabled person contrary to requirement (a) of the non-discrimination rule; or

(b) to subject a relevant disabled person to harassment contrary to requirement (b) of the non-discrimination rule.

(4) The non-discrimination rule does not apply in relation to rights accrued, or benefits payable, in respect of periods of service prior to the coming into operation of this section (but it does apply to communications with members or prospective members of the scheme in relation to such rights or benefits).

(5) The trustees or managers of an occupational pension scheme may, if –

(a) they do not (apart from this subsection) have power to make such alterations to the scheme as may be required to secure conformity with the non-discrimination rule, or

(b) 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) 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 operation of this section).]

Extent Information

E85 This section extends to Northern Ireland only; a separate s. 4G for England, Wales and Scotland only repealed (1.10.2010).

4H Occupational pension schemes: duty to make adjustments E+W+S

 

(1) Where—

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

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

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

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

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

(a) that the disabled person is a relevant disabled person; or

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

Extent Information

E11 This section extends to England and Wales and Scotland only; a separate s. 4H exists for Northern Ireland only.

Modifications etc. (not altering text)

C18 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}

[F24 4H Occupational pension schemes: duty to make adjustments N.I.

(1) Where –

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

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

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

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

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

(a) that the disabled person is a relevant disabled person; or

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

Extent Information

E86 This section extends to Northern Ireland only; a separate s. 4H for England, Wales and Scotland only repealed (1.10.2010).

4I Occupational pension schemes: procedure E+W+S

 

(1) Where under section 17A F36 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 F37 as at the date of coming into force of this section.

Extent Information

E12 This section extended to England, Wales and Scotland only; a separate s. 4I exists for Northern Ireland only.

Textual Amendments

F36 The former section 8 of the 1995 Act, moved, renumbered and amended by regulation 9 of the Amendment Regulations.

F37 1995 c. 26.

Modifications etc. (not altering text)

C19 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}

[F24 4I Occupational pension schemes: procedure N.I.

(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 F409 as at the date of coming into operation of this section.]

Extent Information

E87 This section extends to Northern Ireland only; a separate s. 4I for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F409 S.I. 1995/3213 (N.I. 22)

4J Occupational pension schemes: remedies E+W+S

 

(1) This section applies where—

(a) under section 17A a relevant disabled person presents to an employment tribunal a complaint that—

(i) the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part; or

(ii) an employer has so acted in relation to him;

(b) the complaint relates to—

(i) the terms on which persons become members of an occupational pension scheme, or

(ii) the terms on which members of the scheme are treated;

(c) the disabled person is not a pensioner member of the scheme; and

(d) the tribunal finds that the complaint is well-founded.

(2) The tribunal may, without prejudice to the generality of its power under section 17A(2)(a), make a declaration that the complainant has a right—

(a) (where subsection (1)(b)(i) applies) to be admitted to the scheme in question; or

(b) (where subsection (1)(b)(ii) applies) to membership of the scheme without discrimination.

(3) A declaration under subsection (2)—

(a) may be made in respect of such period as the declaration may specify (but may not be made in respect of any period before the coming into force of this section);

(b) 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).

Extent Information

E13 This version of this provision extended to England, Wales and Scotland only; a separate version exists for Northern Ireland only .

Modifications etc. (not altering text)

C20 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}

[F24 4J Occupational pension schemes: remedies N.I.

(1) This section applies where –

(a) under section 17A a relevant disabled person presents to an industrial tribunal a complaint that –

(i) the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part; or

(ii) an employer has so acted in relation to him;

(b) the complaint relates to –

(i) the terms on which persons become members of an occupational pension scheme, or

(ii) the terms on which members of the scheme are treated;

(c) the disabled person is not a pensioner member of the scheme; and

(d) the tribunal finds that the complaint is well-founded.

(2) The tribunal may, without prejudice to the generality of its power under section 17A(2)(a), make a declaration that the complainant has a right –

(a) (where subsection (1)(b)(i) applies) to be admitted to the scheme in question; or

(b) (where subsection (1)(b)(ii) applies) to membership of the scheme without discrimination.

(3) A declaration under subsection (2) –

(a) may be made in respect of such period as the declaration may specify (but may not be made in respect of any period before the coming into operation of this section);

(b) 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).]

Extent Information

E88 This section extends to Northern Ireland only; a separate s. 4J for England, Wales and Scotland only repealed (1.10.2010).

4K Occupational pension schemes: supplementary E+W+S

 

(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 F38 as at the date of coming into force of this section;

• “communications” includes—

  (i)

  the provision of information, and

  (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—

  (i)

  is able, at his own option, to become a member of the scheme,

  (ii)

  will become so able if he continues in the same employment for a sufficiently long period,

  (iii)

  will be admitted to it automatically unless he makes an election not to become a member, or

  (iv)

  may be admitted to it subject to the consent of his employer.

Extent Information

E14 This section extends to England and Wales and Scotland only; a separate s. 4K exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F38 1995 c. 26.

Modifications etc. (not altering text)

C21 Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}

[F24 4K Occupational pension schemes: supplementary N.I.

(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 –

  (i)

  the provision of information, and

  (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 –

  (i)

  is able, at his own option, to become a member of the scheme,

  (ii)

  will become so able if he continues in the same employment for a sufficiently long period,

  (iii)

  will be admitted to it automatically unless he makes an election not to become a member, or

  (iv)

  may be admitted to it subject to the consent of his employer.]

Extent Information

E89 This section extends to Northern Ireland only; a separate s. 4K for England, Wales and Scotland only repealed (1.10.2010).

F39 [F40 Partnerships] U.K.

Textual Amendments

F39 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

F40 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}

[F40 6A Partnerships: discrimination and harassment E+W+S

 

(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.]

Extent Information

E15 This section extends to England and Wales and Scotland only; a separate s. 6A exists for Northern Ireland only from 21.2.2004.

[F39 6A Partnerships: discrimination and harassment N.I.

(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.]

Extent Information

E90 This section extends to Northern Ireland only; a separate s. 6A for England, Wales and Scotland only repealed (1.10.2010).

[F40 6B Partnerships: duty to make adjustments E+W+S

 

(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 candidate for the position of partner.

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

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

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

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

Extent Information

E16 This section extends to England and Wales and Scotland only; a separate s. 6B exists for Northern Ireland only from 21.2.2004.

[F39 6B Partnerships: duty to make adjustments N.I.

(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 candidate for the position of partner.

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

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

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

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

Extent Information

E91 This section extends to Northern Ireland only; a separate s. 6B for England, Wales and Scotland only repealed (1.10.2010).

[F40 6C Partnerships: supplementary E+W+S

 

(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 F41 .

(4) In sections 6A and 6B and in this section, “firm” has the meaning given by section 4 of the Partnership Act 1890 F42 .]

Extent Information

E17 This section extended to England, Wales and Scotland only; a separate s. 6C exists for Northern Ireland only.

Textual Amendments

F41 1907 c. 24.

F42 1890 c. 39.

[F39 6C Partnerships: supplementary N.I.

(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 F410 .

(4) In sections 6A and 6B and in this section, “firm” has the meaning given by section 4 of the Partnership Act 1890 F411 .]

Extent Information

E92 This section extends to Northern Ireland only; a separate s. 6C for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F410 1907 c. 24

F411 1890 c. 39

[F43 Barristers and advocates][F44 Barristers] U.K.

Textual Amendments

F43 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.

F44 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

[F43 7A Barristers: discrimination and harassment E+W

 

(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) in the arrangements which are made for the purpose of determining to whom it should be offered;

(b) in respect of any terms on which it is offered; or

(c) by refusing, or deliberately omitting, to offer it to him.

(2) It is unlawful for a barrister or a barrister’s clerk, in relation to a disabled pupil or tenant in the set of chambers in question, to discriminate against him—

(a) in respect of any terms applicable to him as a pupil or tenant;

(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 his pupillage or by subjecting him to any pressure to leave the chambers; or

(e) by subjecting him to any other detriment.

(3) It is unlawful for a barrister or barrister’s clerk, in relation to a pupillage or tenancy, to subject to harassment a disabled person who is, or has applied to be, a pupil or tenant in the set of chambers in question.

(4) 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 in section 7B—

• “barrister’s clerk” includes any person carrying out any of the functions of a barrister’s clerk;

• “pupil”, “pupillage” and “set of chambers” have the meanings commonly associated with their use in the context of barristers practising in independent practice; and

• “tenancy” and “tenant” have the meanings commonly associated with their use in the context of barristers practising in independent practice, but they also include reference to any barrister permitted to practise from a set of chambers.]

Extent Information

E18 This section extended to England and Wales only; a separate s. 7A exists for Northern Ireland.

[F44 7A Barristers: discrimination and harassment N.I.

(1) It is unlawful for a barrister, 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 a barrister, 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 a barrister, 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 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.]

Extent Information

E93 This section extends to Northern Ireland only; a separate s. 7A for England, Wales and Scotland only repealed (1.10.2010).

[F43 7B Barristers: duty to make adjustments E+W

 

(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—

(a) in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for a pupillage or tenancy; or

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

Extent Information

E19 This section extends to England only; a separate s. 7B exists for Northern Ireland only from 21.2.2004.

[F44 7B Barristers: duty to make adjustments N.I.

(1) Where –

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

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

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

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

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

(b) in any other case, a disabled person who is –

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

(ii) a pupil.

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

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

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

Extent Information

E94 This section extends to Northern Ireland only; a separate s. 7B for England, Wales and Scotland only repealed (1.10.2010).

[F43 7C Advocates: discrimination and harassment S

 

(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.]

[F43 7D Advocates: duty to make adjustments S

 

(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).]

F45 Enforcement etc. U.K.

F46 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F412 8 Enforcement, remedies and procedure. N.I.

Extent Information

E95 This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6).

Textual Amendments

F412 S. 8 moved and renumbered (as s. 17A) (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), 9(1) and s. 8 moved and renumbered (as s. 17A) (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 9(1)

Modifications etc. (not altering text)

C68 S. 8: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 4(b), Sch. 2 Pt. II

Commencement Information

I37 S. 8 wholly in force at 2.12.1996; s. 8 not in force at Royal Assent see s. 70(3); s. 8(6)(7) in force at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 8(1)-(5)(8) in force at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

9 Validity of certain agreements. U.K.

Textual Amendments

F50 S. 9 omitted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004 ) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 10 and s. 9 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), 10

10 F51 Charities and support for particular groups of persons. U.K.

Textual Amendments

F51 S. 10 moved and renumbered (as s. 18C) (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), arts. 1(2)(3), 11

F52 S. 10 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), 11

11 Advertisements suggesting that employers will discriminate against disabled persons U.K.

Textual Amendments

F53 S. 11 omitted (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), 12 and s. 11 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), 12

Discrimination by other persons U.K.

12 Discrimination against contract workers. U.K.

F54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 S. 12 omitted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 insofar as not yet in force) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1, {12} and said section repealed (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), regs. 1, {12}

15 Appeal against refusal of exemption certificate. U.K.

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

Textual Amendments

F55 Ss. 13-14D and cross-headings substituted for ss. 13-15 (3.7.2003 for certain purposes for E.W.S. and 21.2.2004 for certain purposes for N.I. and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 13; The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 13

F56 [F57 Trade and professional bodies] U.K.

Textual Amendments

F56 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

F57 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

[F57 X1 13 Trade organisations: discrimination and harassment E+W+S

 

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

(a) in the arrangements which it makes for the purpose of determining who should be offered membership of the organisation;

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

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

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

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

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

(c) by subjecting him to any other detriment.

(3) It is also unlawful for a trade organisation, in relation to membership of that organisation, to subject to harassment a disabled person who—

(a) is a member of the organisation; or

(b) has applied for membership of the organisation.

(4) In this section and section 14 “trade organisation” means—

(a) an organisation of workers;

(b) an organisation of employers; or

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

Extent Information

E21 This version of this provision extends to England and Wales and Scotland only; a separate version exists for Northern Ireland only from 21.2.2004.

Editorial Information

X1 S. 13: to view versions of this E.W.S. section before 3.7.2003 it is recommended that users search from cross-heading "Discrimination by other persons"

[F56 X3 13 Trade organisations: discrimination and harassment N.I.

(1) It is unlawful for a trade organisation to discriminate against a disabled person –

(a) in the arrangements which it makes for the purpose of determining who should be offered membership of the organisation;

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

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

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

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

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

(c) by subjecting him to any other detriment.

(3) It is also unlawful for a trade organisation, in relation to membership of that organisation, to subject to harassment a disabled person who –

(a) is a member of the organisation; or

(b) has applied for membership of the organisation.

(4) In this section and section 14 “trade organisation” means –

(a) an organisation of workers;

(b) an organisation of employers; or

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

Extent Information

E96 This section extends to Northern Ireland only; a separate s. 13 for England, Wales and Scotland only repealed (1.10.2010).

Editorial Information

X3 S. 13: to view versions of this N.I. section before 21.2.2004 it is recommended that users search from cross-heading "Discrimination by other persons"

[F57 X2 14 Trade organisations: duty to make adjustments E+W+S

 

(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 member of the organisation, or

(ii) an applicant for membership of the organisation.

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

(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).]

Extent Information

E22 This version of this provision extends to England and Wales and Scotland only; a separate version exists for Northern Ireland only from 21.2.2004.

Editorial Information

X2 S. 14: to view versions of this E.W.S. section before 21.2.2004 it is recommended that users search from cross-heading "Discrimination by other persons"

[F56 X4 14 Trade organisations: duty to make adjustments N.I.

(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 member of the organisation; or

(ii) an applicant for membership of the organisation.

(3) Nothing in this section imposes any duty on an organisation in relation to a disabled person if the organisation does not know, and could not reasonably be expected to know –

(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).]

Extent Information

E97 This section extends to Northern Ireland only; a separate s. 14 for England, Wales and Scotland only repealed (1.10.2010).

Editorial Information

X4 S. 14: to view versions of this N.I. section before 21.2.2004 it is recommended that users search from cross-heading "Discrimination by other persons"

[F57 14A Qualifications bodies: discrimination and harassment E+W+S

 

(1) It is unlawful for a 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 professional or trade qualification;

(b) in the terms on which it is prepared to confer a professional or trade 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 qualifications body, in relation to a professional or trade qualification conferred by it, to subject to harassment a disabled person who holds or applies for such a qualification.

(3) In determining for the purposes of subsection (1) whether the application by a qualifications body of a competence standard to a disabled person constitutes discrimination within the meaning of section 3A, the application of the standard is justified for the purposes of section 3A(1)(b) if, but only if, the qualifications 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.

(4) For the purposes of subsection (3)—

(a) section 3A(2) (and (6)) does not apply; and

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

(5) In this section and section 14B—

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

  (a)

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

  (b)

  a local education authority in England or Wales, or

  (c)

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

• “confer” includes renew or extend;

• “professional or trade qualification” means an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular profession or trade;

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

Extent Information

E23 This section extends to England and Wales and Scotland only; a separate s. 14A exists for Northern Ireland only from 21.2.2004.

[F56 14A Qualifications bodies: discrimination and harassment N.I.

(1) It is unlawful for a 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 professional or trade qualification;

(b) in the terms on which it is prepared to confer a professional or trade 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 qualifications body, in relation to a professional or trade qualification conferred by it, to subject to harassment a disabled person who holds or applies for such a qualification.

(3) In determining for the purposes of subsection (1) whether the application by a qualifications body of a competence standard to a disabled person constitutes discrimination within the meaning of section 3A, the application of the standard is justified for the purposes of section 3A(1)(b) if, but only if, the qualifications 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.

(4) For the purposes of subsection (3) –

(a) section 3A(2) (and (6)) does not apply; and

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

(5) In this section and section 14B –

• “qualifications body” means any authority or body which can confer a professional or trade qualification, but it does not include –

  (a)

  a board;

  (b)

  the Board of Governors of a grant-aided school;

  (c)

  the proprietor of an independent school;

  (d)

  the Council for Catholic Maintained Schools;

  (e)

  the governing body of a university;

  (f)

  the governing body of an instutution of further education;

  (g)

  the managers of a college of education;

  (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 F413 have the same meaning as in that Order.]

Extent Information

E98 This section extends to Northern Ireland only; a separate s. 14A for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F413 Relevant amending Orders are S.I. 1989/2406 (N.I. 20), S.I. 1993/2810 (N.I. 12), S.I. 1996/274 (N.I. 1) and S.I. 1997/1772 (N.I. 15)

[F57 14B Qualifications bodies: duty to make adjustments E+W+S

 

(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) holds a professional or trade qualification conferred by the qualifications body, or

(ii) applies for a professional or trade qualification which it confers.

(3) Nothing in this section imposes a duty on a qualifications body in relation to a disabled person if the body does not know, and could not reasonably be expected to know—

(a) in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the conferment of a professional or trade qualification; or

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

Extent Information

E24 This section extends to England and Wales and Scotland only; a separate s. 14B exists for Northern Ireland only from 21.2.2004.

[F56 14B Qualifications bodies: duty to make adjustments N.I.

(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) holds a professional or trade qualification conferred by the qualifications body, or

(ii) applies for a professional or trade qualification which it confers.

(3) Nothing in this section imposes a duty on a qualifications body in relation to a disabled person if the body does not know, and could not reasonably be expected to know –

(a) in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the conferment of a professional or trade qualification; or

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

Extent Information

E99 This section extends to Northern Ireland only; a separate s. 14B for England, Wales and Scotland only repealed (1.10.2010).

F56 [F57 Practical work experience] U.K.

[F57 14C Practical work experience: discrimination and harassment E+W+S

 

(1) It is unlawful, in the case of a disabled person seeking or undertaking a work placement, for a placement provider to discriminate against him—

(a) in the arrangements which he makes for the purpose of determining who should be offered a work placement;

(b) in the terms on which he affords him access to any work placement or any facilities concerned with such a placement;

(c) by refusing or deliberately omitting to afford him such access;

(d) by terminating the placement; or

(e) by subjecting him to any other detriment in relation to the placement.

(2) It is also unlawful for a placement provider, in relation to a work placement, to subject to harassment—

(a) a disabled person to whom he is providing a placement; or

(b) a disabled person who has applied to him for a placement.]

[F58 (3) This section and section 14D do not apply—

(a) to anything which is unlawful under any provision of section 4, sections 19 to 21A, sections 21F to 21J or Part 4; or

(b) 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.

Extent Information

E25 This section extends to England and Wales and Scotland only; a separate s. 14C exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F58 S. 14C(3) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 6; S.I. 2005/2774, art. 3(j)

[F56 14C Practical work experience: discrimination and harassment N.I.

(1) It is unlawful, in the case of a disabled person seeking or undertaking a work placement, for a placement provider to discriminate against him –

(a) in the arrangements which he makes for the purpose of determining who should be offered a work placement;

(b) in the terms on which he affords him access to any work placement or any facilities concerned with such a placement;

(c) by refusing or deliberately omitting to afford him such access;

(d) by terminating the placement; or

(e) by subjecting him to any other detriment in relation to the placement.

(2) It is also unlawful for a placement provider, in relation to a work placement, to subject to harassment –

(a) a disabled person to whom he is providing a placement; or

(b) a disabled person who has applied to him for a placement.

(3) This section and section 14D do not apply to –

(a) anything made unlawful by section 4 or any provision of Part III [F414 or of Part III of the 2005 Order]; or

(b) anything which would be unlawful under that section or any such provision but for the operation of any other provision of 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.]

Extent Information

E100 This section extends to Northern Ireland only; a separate s. 14C exists for England and Wales and Scotland only.

Textual Amendments

F414 Words in s. 14C(3)(a) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(5)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

[F57 14D Practical work experience: duty to make adjustments E+W+S

 

(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) an applicant for the work placement concerned, or

(ii) undertaking a work placement with the placement provider.

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

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

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

Extent Information

E26 This section extends to England and Wales and Scotland only; a separate s. 14D exists for Northern Ireland only from 21.2.2004.

[F56 14D Practical work experience: duty to make adjustments N.I.

(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) an applicant for the work placement concerned, or

(ii) undertaking a work placement with the placement provider.

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

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

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

Extent Information

E101 This section extends to Northern Ireland only; a separate s. 14D for England, Wales and Scotland only repealed (1.10.2010).

[F59 Relationships between locally-electable authorities and their members E+W+S

Textual Amendments

F59 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)

15A Interpretation of sections 15B and 15C E+W+S

(1) Sections 15B and 15C apply to the following authorities—

(a) the Greater London Authority;

(b) a county council (in England or Wales);

(c) a county borough council (in Wales);

(d) a district council (in England);

(e) a London borough council;

(f) the Common Council of the City of London;

(g) the Council of the Isles of Scilly;

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

(i) a parish council (in England); and

(j) a community council (in Wales or Scotland).

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

(a) as member of the authority;

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

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

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

15B Authorities and their members: discrimination and harassment E+W+S

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

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

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

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

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

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

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

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

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

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

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

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

15C Authorities and their members: duty to make adjustments E+W+S

(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.]

F60 . . . U.K.

Textual Amendments

F60 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. U.K.

F61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 S. 16 moved and renumbered (as s. 18A) (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), arts. 1(2)(3), 14(2); S.R. 2004/55, regs. 1(2)(3), 14(2)

F62 [F63 Other unlawful acts] U.K.

Textual Amendments

F62 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

F63 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)

[F63 16A Relationships which have come to an end E+W+S

 

(1) This section applies where—

(a) there has been a relevant relationship between a disabled person and another person (“the relevant person”), and

(b) the relationship has come to an end.

(2) In this section a “relevant relationship” is—

(a) 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 Part [F64 ,other than sections 15B and 15C]; or

(b) a relationship between a person providing employment services F65 . . . and a person receiving such services.

(3) It is unlawful for the relevant person—

(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 relevant person to the disabled person in relation to any matter arising out of the relevant relationship, or

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

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

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

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

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

Extent Information

E27 This section extends to England, Wales and Scotland only; a separate s. 16A exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F64 Words in s. 16A(2)(a) inserted (E.W.S.) (5.12.2005 for certain purposes and 4.12.2006 otherwise) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 7(a); S.I. 2005/2774, art. 3(j), 4(f)

F65 Words in s. 16A(2)(b) repealed (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 7(b), Sch. 2; S.I. 2005/2774, art. 3(j)

[F62 16A Relationships which have come to an end N.I.

(1) This section applies where –

(a) there has been a relevant relationship between a disabled person and another person (“the relevant person”), and

(b) the relationship has come to an end.

(2) In this section a “relevant relationship”is –

(a) 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 Part; or

(b) a relationship between a person providing employment services (within the meaning of Part III) and a person receiving such services.

(3) It is unlawful for the relevant person –

(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 relevant person to the disabled person in relation to any matter arising out of the relevant relationship, or

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

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

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

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

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

[F63 16B Discriminatory advertisements E+W+S

 ]

[F66 (1) 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

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

(i) the applicant not having any disability, or any particular disability,

(ii) the applicant not having had any disability, or any particular disability, or

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

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

[F67 (2A) A person who publishes an advertisement of the kind described in subsection (1) shall not be subject to any liability under subsection (1) in respect of the publication of the advertisement if he proves—

(a) that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful; and

(b) that it was reasonable for him to rely on the statement.

(2B) A person who knowingly or recklessly makes a statement such as is mentioned in subsection (2A)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

[F68 (2C) Subsection (1) does not apply in relation to an advertisement so far as it invites persons to apply, in their capacity as members of an authority to which sections 15B and 15C apply, for a relevant appointment or benefit which the authority is intending to make or confer.]

(3) In [F69 ;this section], “relevant appointment or benefit” means—

(a) any employment, promotion or transfer of employment;

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

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

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

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

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

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

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

(i) any employment services F70 . . . .

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

[F71 (5) 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.]

Extent Information

E28 This section extends to England, Wales and Scotland only; a separate s. 16B exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F66 S. 16B(1) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 10(1)(2), 20(3)-(6); S.I. 2005/2774, art. 3(j)

F67 S. 16B(2A)(2B) inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 10(1)(3), 20(3)-(6); S.I. 2005/2774, art. 3(j)

F68 S. 16B(2C) inserted (E.W.S.) (5.12.2005 for certain purposes and 4.12.2006 otherwise) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 8(1)(2); S.I. 2005/2774, arts. 3(j), 4(f)

F69 Words in s. 16B(3) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 10(1)(4), 20(3)-(6); S.I. 2005/2774, art. 3(j)

F70 Words in s. 16B(3)(i) repealed (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19, 20(3)-(6), Sch. 1 para. 8(1)(3), Sch. 2; S.I. 2005/2774, art. 3(j)(k)

F71 S. 16B(5) added (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 42; S.I. 2007/2603, art. 2

[F62 16B Discriminatory advertisements N.I.

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

(a) invites applications for that appointment or benefit; and

(b) indicates, or might reasonably be understood to indicate, that an application will or may be determined to any extent by reference to –

(i) the applicant not having any disability, or any particular disability, or

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

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

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

(a) any employment, promotion or transfer of employment;

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

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

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

(e) any 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 (within the meaning of Part III).

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

[F63 16C Instructions and pressure to discriminate E+W+S

 

(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.]

[F72 (4) Proceedings in respect of a contravention of this section 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.]

Extent Information

E29 This section extends to England, Wales and Scotland only; a separate s. 16C exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F72 S. 16C(4) added (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 43; S.I. 2007/2603, art. 2

[F62 16C Instructions and pressure to discriminate N.I.

(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 III, 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 III 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.]

Extent Information

E102 This section extends to Northern Ireland only; a separate s. 16C for England, Wales and Scotland only repealed (1.10.2010).

F73 . . . U.K.

Textual Amendments

F73 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. U.K.

F74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 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 provision 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)}

[F75 Enforcement etc.] U.K.

Textual Amendments

F75 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)

[F76 17A Enforcement, remedies and procedure. E+W+S

(1) A complaint by any person that another person—

(a) has discriminated against him [F77 , 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 [F78 done so],

may be presented to an [F79 employment tribunal]].

[F80 (1A) 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) F81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F82 employment 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) recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.

(3) Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty.

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

(5) If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an [F83 employment 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) specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.

(7) Regulations may modify the operation of any order made under [F84 section 14 of [F85 the Employment Tribunals Act 1996]] (power to make provision as to interest on sums payable in pursuance of [F86 employment 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.

Extent Information

E30 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only (from 21.2.2004)

Textual Amendments

F76 S. 8 moved and renumbered (as s. 17A) (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), 9(1)

F77 Words in s. 17A(1)(a) 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), 9(2)(a)

F78 Words in s. 17A(1)(b) substituted (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), 9(2)(b)

F79 Words in s. 8(1)(b)(2)(5)(7) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F80 S. 17A(1A)-(1C) 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), 9(2)(c)

F81 S. 17A(1B) repealed (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), s. 19, Sch. 1 para. 9, Sch. 2; S.I. 2005/1676, art. 2(1)(c)(d)

F82 Words in s. 8(1)(b)(2)(5)(7) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F83 Words in s. 8(1)(b)(2)(5)(7) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F84 Words in s. 8(7) substituted (E.W.S.) (28.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 12(1)(2) (with s. 38)

F85 Words in s. 8(7) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F86 Words in s. 8(1)(b)(2)(5)(7) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Commencement Information

I5 S. 8 (now s. 17A) wholly in force at 2.12.1996; s. 8 not in force at Royal Assent see s. 70(3); s. 8(6)(7) in force at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 8(1)-(5)(8) in force at 2.12.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. III

[F415 17A Enforcement, remedies and procedure. N.I.

(1) A complaint by any person that another person—

(a) has discriminated against him [F416 , 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 [F417 done so],

may be presented to an industrial tribunal.

[F418 (1A) 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) 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 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) recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.

[F419 (3) Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort for breach of statutory duty.]

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

(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) specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.

[F420 (7) Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 F421 (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.]

Extent Information

E103 This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8 para. 5; see s. 70(6). A separate version has been created for England and Wales and Scotland only

Textual Amendments

F415 S. 8 moved and renumbered (as s. 17A) (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 9(1)

F416 Words in s. 17A(1)(a) inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(2)(a)

F417 Words in s. 17A(1)(b) substituted (N.I.) (21.2.2004 for specified purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(2)(b)

F418 S. 17A(1A)(1B) inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(2)(c)

F419 S. 17A(3) substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(2)(d)

F420 S. 17A(7) substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(2)(e)

F421 S.I. 1996/1921 (N.I. 18)

Commencement Information

I5 S. 8 (now s. 17A) wholly in force at 2.12.1996; s. 8 not in force at Royal Assent see s. 70(3); s. 8(6)(7) in force at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 8(1)-(5)(8) in force at 2.12.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. III

[F87 17B Enforcement of sections [F88 16B(1)] and 16C E+W+S

F89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F87 Ss. 17B, 17C 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), 16(1)

F88 Word in s. 17B substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 10(1)(2); S.I. 2005/2774, art. 3(j)

F89 S. 17B repealed (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 44, Sch. 4; S.I. 2007/2603, art. 2

[F422 17B Enforcement of sections 16B and 16C N.I.

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

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

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

(4) Where –

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

(b) that finding has become final, and

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

the Commission may apply to a county court for an injunction 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.]

Textual Amendments

F422 Ss. 17B, 17C inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 16(1)

[F87 17C Validity of contracts, collective agreements and rules of undertakings E+W+S

Schedule 3A shall have effect.]

Textual Amendments

F87 Ss. 17B, 17C 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), 16(1)

[F422 17C Validity of contracts, collective agreements and rules of undertakings N.I.

Schedule 3A shall have effect.]

Extent Information

E104 This section extends to Northern Ireland only; a separate s. 17C for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F422 Ss. 17B, 17C inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 16(1)

[F90 Supplementary and general U.K.

Textual Amendments

F90 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. U.K.

[F91 (1) This section applies where a provider of insurance services (“the insurer”) enters into arrangements with an employer under which the employer’s employees, or a class of his employees—

(a) receive insurance services provided by the insurer; or

(b) are given an opportunity to receive such services.

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

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

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

(3) In this section—

• “insurance services” means services of a prescribed description for the provision of benefits in respect of—

  (a)

  termination of service;

  (b)

  retirement, old age or death;

  (c)

  accident, injury, sickness or invalidity; or

  (d)

  any other prescribed matter; and

• “relevant employee” means—

  (a)

  in the case of an arrangement which applies to employees of the employer in question, an employee of his;

  (b)

  in the case of an arrangement which applies to a class of employees of the employer, an employee who is in that class.

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

Textual Amendments

F91 S. 18 repealed (E.W.S.) (5.12 2005) by Disability Discrimination Act 2005 (c. 13), ss. 11, 19(2), 20(3)-(6), Sch. 2; S.I. 2005/2774, art. 3(f)(k)(i)

Modifications etc. (not altering text)

C22 S. 18(3) applied (N.I.) (14.12.1999) by S.R. 1999/440, reg. 2

Commencement Information

I6 S. 18 wholly in force at 2.12.1996; s. 18 not in force at Royal Assent see s. 70(3); s. 18(3)(4) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 18(3)(4) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 18(1)(2) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 18(1)(2) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

[F92 18A Alterations to premises occupied under leases. U.K.

(1) This section applies where—

(a) [F93 a 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 [F94 that 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.

[F95 (2A) 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.

Textual Amendments

F92 S. 16 moved and renumbered (as s. 18A) (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), arts. 1(2)(3), 14(2); S.R. 2004/55, regs. 1(2)(3), 14(2)

F93 Words in s. 18A(1)(a) substituted (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), arts. 1(2)(3), 14(3)(a); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {14(3)(a)}

F94 Words in s. 18A(1)(c) substituted (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), arts. 1(2)(3), 14(3)(b); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {14(3)(b)}

F95 S. 16(2A) added (7.6.1996) by S.I. 1996/1333, reg. 4(2)

Modifications etc. (not altering text)

C23 S. 16 modified (E.W.) (2.3.1998) by S.I. 1998/218, arts. 1(2), 3(1), Sch. (with art. 3(2)(b))

S. 16 modified (7.6.1996) by S.I. 1996/1333, reg. 4(a)

S. 16 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

C24 Ss. 16 modified (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order (S.I. 2003/1964), art. 3, {Sch.}

C25 S. 18A modified (N.I.) (1.10.2004) by The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations (Northern Ireland) (S.R. 2004/374, regs. 4-9

C26 S. 18A modified (E.W.S) (1.10.2004) by The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations (S.I 2004/153), {regs. 4-9}

C27 S. 16 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order (S.I. 2006/1073), art. 3,{Sch.}

Commencement Information

I7 S. 16 wholly in force at 2.12.1996; s. 16 not in force at Royal Assent see s. 70(3); s. 16(3)(5) in force for certain purposes (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(d); s. 16(3)(5) in force for certain purposes (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(d); s. 16(5) in force insofar as not already in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 16(5) in force (N.I.) insofar as not already in force at 1.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 16(3) in force (E.W.S.) insofar as not already in force at 2.12.1996 by S.I. 1996/3003, art. 3; s. 16(3) in force insofar as not already in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 16(1)(2)(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 16(1)(2)(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

[F96 18B Reasonable adjustments: supplementary U.K.

 

(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.]

Textual Amendments

F96 S. 18B 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(2); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 17(2)

[F97 18C Charities and support for particular groups of persons. E+W+S

(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 M1 Charities Act 1993;

• “recognised body” means a body which is a recognised body for the purposes of Part I of the M2 Law 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 M3 Disabled 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.]

Extent Information

E31 This section extends to England and Wales and Scotland only; a separate s. 18C exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F97 S. 10 moved and renumbered (as s. 18C) (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), arts. 1(2)(3), 11

Marginal Citations

M1 1993 c. 10.

M2 1990 c. 40.

M3 1944 c. 10.

[F423 18C Charities and support for particular groups of persons N.I.

(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 F424 ; 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 F425 .]

Extent Information

E105 This section extends to Northern Ireland only; a separate s. 18C for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F423 S. 18C 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), {17(2)}

F424 1964 c. 33 (N.I.)

F425 1945 c. 6 (N.I.)

[F98 18D Interpretation of Part 2 E+W+S

 

(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” [F99 , 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, [F100 4H,] 6B, 7B, 7D, 14, 14B, 14D [F101 , 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 [F102 (subject to any provision under section 15C(4)(e))] 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,

  (d)

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

• “provision, criterion or practice” includes any arrangements.]

Extent Information

E32 This section extends to England and Wales and Scotland only; a separate s. 18D exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F98 S. 18D 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), 18

F99 Words in s. 18D(2) inserted (E.W.S) (1.12.2003 for specified purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations (S.I 2003/2770), regs 1(2)(3), {4(2)(a)}

F100 Words in s. 18D(2) inserted (E.W.S) (1.12.2003 for specified purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations (S.I 2003/2770), regs 1(2)(3), {4(2)(b)}

F101 S. 18D(2): words in definition of "duty to make reasonable adjustments" inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 11(a); S.I. 2005/2774, art.4(f)

F102 S. 18D(2): words in definition of "physical feature" inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 11(b); S.I. 2005/2774, art.4(f)

[F426 18D Interpretation of Part II N.I.

(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 or 16A(5);

• “employer” includes a person who has no employees but is seeking to employ another person;

• “harassment” is to be construed in accordance with section 3B;

• “physical feature”, in relation to any premises, includes any of the following (whether permanent or temporary) –

  (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,

  (d)

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

• “provision, criterion or practice” includes any arrangements.]

Extent Information

E106 This section extends to Northern Ireland only; a separate s. 18D exists for England and Wales and Scotland only.

Textual Amendments

F426 S. 18D 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), 18

[F103 18E Premises provided otherwise than in course of a Part 2 relationship] U.K.

(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.]

Textual Amendments

F103 S. 18E inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 12; S.I. 2005/2774, art. 4(f) and same section inserted (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(1), Sch. 1 para. 11; S.R. 2007/466, art. 2(2)(l)

PART III U.K. Discrimination in Other Areas

Goods, facilities and services U.K.

19 Discrimination in relation to goods, facilities and services. E+W+S

(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;

(b) in failing to comply with any duty imposed on him by section 21 in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service;

(c) in the standard of service which he provides to the disabled person or the manner in which he provides it to him; or

(d) in the terms on which he provides a service to the disabled person.

(2) For the purposes of this section and sections 20 [F104 to 21ZA]—

(a) the provision of services includes the provision of any goods or facilities;

(b) a person is “a provider of services” if he is concerned with the provision, in the United Kingdom, of services to the public or to a section of the public; and

(c) it is irrelevant whether a service is provided on payment or without payment.

(3) The following are examples of services to which this section and sections 20 and 21 apply—

(a) access to and use of any place which members of the public are permitted to enter;

(b) access to and use of means of communication;

(c) access to and use of information services;

(d) accommodation in a hotel, boarding house or other similar establishment;

(e) facilities by way of banking or insurance or for grants, loans, credit or finance;

(f) facilities for entertainment, recreation or refreshment;

(g) facilities provided by employment agencies or under section 2 of the M4 Employment and Training Act 1973;

(h) 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.

[F105 (4A) Subsection (1) does not apply to anything that is governed by Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.]

[F106 (5) 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.]

[F107 (5A) 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) F108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E33 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

E34 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F104 Words in s. 19(2) substituted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 13(2); S.I. 2005/1676, art. 2(1)(c)

F105 S. 19(4A) inserted (26.7.2007) by The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations (S.I. 2007/1895), regs. 1(2), {8}

F106 S. 19(5) subsituted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 13(3); S.I. 2005/1676, art. 2

F107 S. 19(5A) subsituted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 13(4); S.I. 2005/2774, art. 4(f)

F108 S. 19(6) repealed (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(5)(b), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Commencement Information

I8 S. 19 wholly in force at 1.10.1999; s. 19 not in force at Royal Assent see s. 70(3); s. 19(5)(c) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 19(5)(c) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I s.19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 19(1)(b) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(c); s. 19(1)(b) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(c)

Marginal Citations

M4 1973 c. 50.

19 Discrimination in relation to goods, facilities and services. N.I.

(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;

(b) in failing to comply with any duty imposed on him by section 21 in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service;

(c) in the standard of service which he provides to the disabled person or the manner in which he provides it to him; or

(d) in the terms on which he provides a service to the disabled person.

(2) For the purposes of this section and sections 20 [F427 to 21ZA]—

(a) the provision of services includes the provision of any goods or facilities;

(b) a person is “a provider of services” if he is concerned with the provision, in the United Kingdom, of services to the public or to a section of the public; and

(c) it is irrelevant whether a service is provided on payment or without payment.

(3) The following are examples of services to which this section and sections 20 and 21 apply—

(a) access to and use of any place which members of the public are permitted to enter;

(b) access to and use of means of communication;

(c) access to and use of information services;

(d) accommodation in a hotel, boarding house or other similar establishment;

(e) facilities by way of banking or insurance or for grants, loans, credit or finance;

(f) facilities for entertainment, recreation or refreshment;

(g) facilities provided by employment agencies or under [F428 sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950];

(h) 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.

[F105 (4A) Subsection (1) does not apply to anything that is governed by Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.]

[F429 [F430 (5) 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.]

(6) Nothing in this Part applies to the provision of a service in relation to which discrimination is made unlawful by Part III of the 2005 Order.]

Extent Information

E107 This version of this provision extends to Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 9 and any subsequent amendments; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F105 S. 19(4A) inserted (26.7.2007) by The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations (S.I. 2007/1895), regs. 1(2), {8}

F427 Words in s. 19(2) substituted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 12(2); S.R. 2006/289, art. 2(1)(b)

F428 Words in s. 19(3)(g) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 9(1) of this Act

F429 S. 19(5)(6) substituted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1(2)(d)(3)(b),{48(6)}; S.R. 2005/336, art. 2, Sch (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F430 S. 19(5) substituted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 12(3); S.R. 2006/289, art. 2(1)(b)

Commencement Information

I8 S. 19 wholly in force at 1.10.1999; s. 19 not in force at Royal Assent see s. 70(3); s. 19(5)(c) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 19(5)(c) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I s.19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 19(1)(b) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(c); s. 19(1)(b) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(c)

20 Meaning of “discrimination” U.K.

(1) For the purposes of section 19, a provider of services 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 section 19, a provider of services also discriminates against a disabled person if —

(a) he fails to comply with a section 21 duty imposed on him in relation to the disabled person; and

(b) he cannot show that his failure to comply with that duty is justified.

(3) For the purposes of this section, treatment is justified only if—

(a) in the opinion of the provider of services, one or more of the conditions mentioned in subsection (4) are satisfied; and

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

(4) The conditions are that—

(a) in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);

(b) in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case;

(c) in a case falling within section 19(1)(a), the treatment is necessary because the provider of services would otherwise be unable to provide the service to members of the public;

(d) in a case falling within section 19(1)(c) or (d), the treatment is necessary in order for the provider of services to be able to provide the service to the disabled person or to other members of the public;

(e) in a case falling within section 19(1)(d), the difference in the terms on which the service is provided to the disabled person and those on which it is provided to other members of the public reflects the greater cost to the provider of services in providing the service to the disabled person.

(5) Any increase in the cost of providing a service to a disabled person which results from compliance by a provider of services with a section 21 duty shall be disregarded for the purposes of subsection (4)(e).

(6) Regulations may make provision, for purposes of this section, as to circumstances in which—

(a) it is reasonable for a provider of services to hold the opinion mentioned in subsection (3)(a);

(b) it is not reasonable for a provider of services to hold that opinion.

(7) Regulations may make provision for subsection (4)(b) not to apply in prescribed circumstances where—

(a) a person is acting for a disabled person under a power of attorney;

(b) functions conferred by or under [F109 the Mental Capacity Act 2005] are exercisable in relation to a disabled person's property or affairs; or

[F110 (c) powers are exercisable in relation to a disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor.]

(8) Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (4)) in which treatment is to be taken to be justified.

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

Extent Information

E35 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Textual Amendments

F109 Words in s. 20(7)(b) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1), Sch. 6 {para. 41}(with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F110 S. 20(7)(c) substituted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 14; S.I. 2005/1676, art. 2(1)(c)

Modifications etc. (not altering text)

C28 S. 20(4)(b) excluded (4.12.2006) by The Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations 2005 (S.I. 2005/2901), reg. 3

C29 S. 20(4)(b) excluded (N.I.) (31.12.2007) by The Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations (Northern Ireland) 2007 (S.R. 2007/473), reg. 3

Commencement Information

I9 S. 20 wholly in force at 1.10.1999; s. 20 not in force at Royal Assent see s. 70(3); s. 20(6)(7)(8) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I ;s. 20(6)(7)(8) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 20(1)(3)(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 20(1)(3)(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 20(2)(5)(9) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(d)(e)(f); s. 20(2)(5)(9) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(d)-(f)

21 Duty of providers of services to make adjustments. U.K.

(1) Where a provider of services has a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled persons to make use of a service which he provides, or is prepared to provide, to other members of the public, it is his duty 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 that practice, policy or procedure so that it no longer has that effect.

(2) Where a physical feature (for example, one arising from the design or construction of a building or the approach or access to premises) makes it impossible or unreasonably difficult for disabled persons to make use 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—

(a) remove the feature;

(b) alter it so that it no longer has that effect;

(c) provide a reasonable means of avoiding the feature; or

(d) provide a reasonable alternative method of making the service in question available to disabled persons.

(3) Regulations may prescribe—

(a) matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection (2)(c) or (d) is reasonable; and

(b) categories of providers of services to whom subsection (2) does not apply.

(4) Where an auxiliary aid or service (for example, the provision of information on audio tape or of a sign language interpreter) would—

(a) enable disabled persons to make use of a service which a provider of services provides, or is prepared to provide, to members of the public, or

(b) 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.

Modifications etc. (not altering text)

C30 S. 21(2) applied (N.I.)(1.10.1999) by S.R. 1999/202, art. 2

S. 21(2) applied (1.10.1999) by S.I. 1999/1191, art. 3

C31 S. 21(2) modified (4.12.2006) by The Disability Discrimination (Transport Vehicles) Regulations 2005 (S.I. 2005/3190), reg. 8

C32 S. 21(4) applied (N.I.)(1.10.1999) by S.R. 1999/202, art. 3

C33 S. 21(4) modified (4.12.2006) by The Disability Discrimination (Transport Vehicles) Regulations 2005 (S.I. 2005/3190), reg. 7

Commencement Information

I10 S. 21 not in force at Royal Assent see s. 70(3); s. 21(3)(5) in force at 26.4.1999 by S.I. 1999/1190, art. 4 and S.R. 1999/196, art. 3; s. 21(1)(2)(d)(4)(6)(10) in force at 1.10.1999 by S.I. 1999/1190, art. 5(g) and S.R. 1999/196, art. 4(g); s. 21(2) in force at 1.10.2004 to the extent that it is not already in force by S.I. 2001/2030, art. 3(a) and S.R. 2001/439, art. 2(a)

[F111 21ZA Application of sections 19 to 21 to transport vehicles E+W+S

(1) Section 19(1) (a), (c) and (d) do not apply in relation to a case where the service is a transport service and, as provider of that service, the provider of services discriminates against a disabled person—

(a) in not providing, or in providing, him with a vehicle; or

(b) in not providing, or in providing, him with services when he is travelling in a vehicle provided in the course of the transport service.

(2) For the purposes of section 21(1), (2) and (4), it is never reasonable for a provider of services, as a provider of a transport service—

(a) to have to take steps which would involve the alteration or removal of a physical feature of a vehicle used in providing the service;

(b) to have to take steps which would—

(i) affect whether vehicles are provided in the course of the service or what vehicles are so provided, or

(ii) where a vehicle is provided in the course of the service, affect what happens in the vehicle while someone is travelling in it.

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

(4) 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)—

  (a)

  a vehicle not having wheels, and

  (b)

  a vehicle constructed or adapted to carry passengers on a system using a mode of guided transport;

• “guided transport” has the same meaning as in the Transport and Works Act 1992.]

Extent Information

E36 This section extends to England, Wales and Scotland only; a separate s. 21ZA exists for Northern Ireland.

Textual Amendments

F111 S. 21ZA inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), s. 5, 20(3)-(6); S.I. 2005/1676, art. 2(1)(a)

Modifications etc. (not altering text)

C34 S. 21ZA(1) excluded (4.12.2006) by The Disability Discrimination (Transport Vehicles) Regulations 2005 (S.I. 2005/3190), reg. 3

C35 S. 21ZA(2) excluded (4.12.2006) by The Disability Discrimination (Transport Vehicles) Regulations 2005 (S.I. 2005/3190), reg. 6

C36 S. 21ZA(2)(b) restricted (4.12.2006) by The Disability Discrimination (Transport Vehicles) Regulations 2005 (S.I. 2005/3190), regs. {4}, {5}

[F112 21A Employment services E+W+S

 

(1) In [F113 this 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 ”;

[F114 (c) 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.”.]

Textual Amendments

F112 S. 21A inserted (E.W.S.) (3.7.2003 for specified purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3),{19(1)} and same section inserted (N.I.) (21.2.2004 for specified purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 19(1): Note - the reference to "Part 2" in s. 21A(2) in the E.W.S. text of the provision appears as "Part II" in the N.I. text

F113 Words in s. 21A(1) substituted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 15(2); S.I. 2005/1676, art. 2(1)(c)

F114 S. 21A(4)(c) substituted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 15(3); S.I. 2005/1676, art. 2(1)(c)

[F112 21A Employment services N.I.

 

(1) In [F431 this 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 ”;

[F432 (c) 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) 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.”.]

Extent Information

E108 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

F112 S. 21A inserted (E.W.S.) (3.7.2003 for specified purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3),{19(1)} and same section inserted (N.I.) (21.2.2004 for specified purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 19(1): Note - the reference to "Part 2" in s. 21A(2) in the E.W.S. text of the provision appears as "Part II" in the N.I. text

F431 Words in s. 21A(1) substituted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 13(2); S.R. 2006/289, art. 2(1)(b)

F432 S. 21A(4)(c) substituted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 13(3); S.R. 2006/289, art. 2(1)(b)

F115 [F116 Public authorities] U.K.

Textual Amendments

F115 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)

F116 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)

[F116 21B Discrimination by public authorities E+W+S

(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 Security Service;

(d) the Secret Intelligence Service;

(e) the Government Communications Headquarters; and

(f) a unit, or part of a unit, of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

(4) In relation to a particular act, a person is not a public authority by virtue only of subsection (2)(a) if the nature of the act is private.

(5) Regulations may provide for a person of a prescribed description to be treated as not being a public authority for purposes of this section and sections 21D and 21E.

(6) In the case of an act which constitutes discrimination by virtue of section 55, subsection (1) of this section also applies to discrimination against a person who is not disabled.

(7) Subsection (1)—

(a) does not apply to anything which is unlawful under any provision of this Act other than subsection (1); and

(b) does not, subject to subsections (8) and (9), apply to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act.

(8) Subsection (1) does apply in relation to a public authority’s function of appointing a person to, and in relation to a public authority’s functions with respect to a person as holder of, an office or post if—

(a) none of the conditions specified in section 4C(3) is satisfied in relation to the office or post; and

(b) sections 4D and 4E would apply in relation to an appointment to the office or post if any of those conditions was satisfied.

(9) Subsection (1) does apply in relation to a public authority’s functions with respect to a person as candidate or prospective candidate for election to, and in relation to a public authority’s functions with respect to a person as elected holder of, an office or post if—

(a) the office or post is not membership of a House of Parliament, the Scottish Parliament, the National Assembly for Wales or an authority mentioned in section 15A(1);

(b) none of the conditions specified in section 4C(3) is satisfied in relation to the office or post; and

(c) sections 4D and 4E would apply in relation to an appointment to the office or post if—

(i) any of those conditions was satisfied, and

(ii) 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).

21C Exceptions from section 21B(1) E+W+S

(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—

(a) an Act, an Act of the Scottish Parliament [F117 , a Measure or Act of the National Assembly for Wales] or an Order in Council; or

(b) an instrument made under an Act, or under an Act of the Scottish Parliament, [F118 or under a Measure or Act of the National Assembly for Wales,] by—

(i) a Minister of the Crown;

(ii) a member of the Scottish Executive; or

(iii) the [F119 Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government].

(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.]

Textual Amendments

F117 Words in s. 21C(2)(a) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 50(a), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F118 Words in s. 21C(2)(b) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 50(b)(i), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F119 Words in s. 21C(2)(b)(iii) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 50(b)(ii), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

[F116 21D Meaning of “discrimination” in section 21B E+W+S

(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,

by the carrying-out of a function by the authority; and

(b) it cannot show that its failure to comply with that duty is justified under subsection (3), (5) or (7)(c).

(3) Treatment, or a failure to comply with a duty, is justified under this subsection if—

(a) in the opinion of the public authority, one or more of the conditions specified in subsection (4) are satisfied; and

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

(4) The conditions are—

(a) that the treatment, or non-compliance with the duty, is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);

(b) that the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment, or non-compliance with the duty, is reasonable in the particular case;

(c) that, in the case of treatment mentioned in subsection (1), treating the disabled person equally favourably would in the particular case involve substantial extra costs and, having regard to resources, the extra costs in that particular case would be too great;

(d) that the treatment, or non-compliance with the duty, is necessary for the protection of rights and freedoms of other persons.

(5) Treatment, or a failure to comply with a duty, is justified under this subsection if the acts of the public authority which give rise to the treatment or failure are a proportionate means of achieving a legitimate aim.

(6) Regulations may 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 a public authority to hold the opinion mentioned in subsection (3)(a).

(7) Regulations may—

(a) amend or omit a condition specified in subsection (4) or make provision for it not to apply in prescribed circumstances;

(b) amend or omit subsection (5) or make provision for it not to apply in prescribed circumstances;

(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.]

Modifications etc. (not altering text)

C37 S. 21D(4)(b) excluded (4.12.2006) by The Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations (S.I. 2005/2901), {regs. 1, 3}

[F115 21D Meaning of “discrimination” in section 21B N.I.

(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,

by the carrying-out of a function by the authority; and

(b) it cannot show that its failure to comply with that duty is justified under subsection (3), (5) or (7)(c).

(3) Treatment, or failure to comply with a duty, is justified under this subsection if —

(a) in the opinion of the public authority, one or more of the conditions specified in subsection (4) are satisfied; and

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

(4) The conditions are—

(a) that the treatment, or non-compliance with the duty, is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);

(b) that the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment, or non-compliance with the duty, is reasonable in the particular case;

(c) that, in the case of treatment mentioned in subsection (1), treating the disabled person equally favourably would in the particular case involve substantial extra costs and, having regard to resources, the extra costs in that particular case would be too great;

(d) that the treatment, or non-compliance with the duty, is necessary for the protection of the rights and freedoms of other persons.

(5) Treatment, or a failure to comply with a duty, is justified under this subsection if the acts of the public authority which give rise to the treatment or failure are a proportionate means of achieving a legitimate aim.

(6) Regulations may 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 a public authority to hold the opinion mentioned in subsection (3)(a).

(7) Regulations may—

(a) amend or omit a condition specified in subsection (4) or make provision for it not to apply in prescribed circumstances;

(b) amend or omit subsection (5) or make provision for it not to apply in prescribed circumstances;

(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.]

Extent Information

E109 This section extends to Northern Ireland only; a separate s. 21D for England, Wales and Scotland only repealed (1.10.2010).

Modifications etc. (not altering text)

C69 S. 21D(4)(b) excluded (N.I.) (31.12.2007) by The Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations (Northern Ireland) 2007 (S.R. 2007/473), reg. 3

[F116 21E Duties for purposes of section 21D(2) to make adjustments E+W+S

(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) 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 change that practice, policy or procedure so that it no longer has that effect.

(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) 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 a public authority.

(4) 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—

(a) remove the feature;

(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.]

[F115 21E Duty for purposes of section 21D(2) to make adjustments N.I.

(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) 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 change that practice, policy or procedure so that it no longer has that effect.

(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) 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 a public authority.

(4) 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—

(a) remove the feature;

(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.]

Extent Information

E110 This section extends to Northern Ireland only; a separate s. 21E for England, Wales and Scotland only repealed (1.10.2010).

[F120 Private clubs etc. U.K.

Textual Amendments

F120 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)

21F Discrimination by private clubs etc. U.K.

(1) This section applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if—

(a) it has twenty-five or more members;

(b) admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of section 19(2); and

(c) it is not an organisation to which section 13 applies.

(2) It is unlawful for an association to which this section applies, in the case of a disabled person who is not a member of the association, to discriminate against him—

(a) in the terms on which it is prepared to admit him to membership; or

(b) by refusing or deliberately omitting to accept his application for membership.

(3) It is unlawful for an association to which this section applies, in the case of a disabled person who is a member, or associate, of the association, to discriminate against him—

(a) in the way it affords him access to a benefit, facility or service;

(b) by refusing or deliberately omitting to afford him access to a benefit, facility or service;

(c) in the case of a member—

(i) by depriving him of membership, or

(ii) by varying the terms on which he is a member;

(d) in the case of an associate—

(i) by depriving him of his rights as an associate, or

(ii) by varying those rights; or

(e) in either case, by subjecting him to any other detriment.

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

(a) in the way it affords him access to a benefit, facility or service,

(b) 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.

21G Meaning of “discrimination” U.K.

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

(a) for a reason which relates to the disabled person’s disability, the association 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 subsection (1), treatment is justified only if—

(a) in the opinion of the association, one or more of the conditions mentioned in subsection (3) are satisfied; and

(b) it is reasonable, in all the circumstances, for it to hold that opinion.

(3) The conditions are that—

(a) the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);

(b) the disabled person is incapable of entering into an enforceable agreement, or giving an informed consent, and for that reason the treatment is reasonable in that case;

(c) in a case falling within section 21F(2)(a), (3)(a), (c)(ii), (d)(ii) or (e), (4)(a) or (c) or (5)(a), the treatment is necessary in order for the association to be able to afford members, associates or guests of the association, or the disabled person, access to a benefit, facility or service;

(d) in a case falling within section 21F(2)(b), (3)(b), (c)(i) or (d)(i), (4)(b) or (5)(b) or (c), the treatment is necessary because the association would otherwise be unable to afford members, associates or guests of the association access to a benefit, facility or service;

(e) 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).

Modifications etc. (not altering text)

C38 S. 21G(3)(b) excluded (E.W.S) (5.12.2006) by The Disability Discrimination (Private Clubs etc.) Regulations (S.I. 2005/3258), {reg. 3}

21H Duty to make adjustments U.K.

(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” U.K.

(1) For the purposes of sections 21F to 21H and this section—

(a) a person is a member of an association to which section 21F applies if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association), and references to membership of an association shall be construed accordingly;

(b) a person is an associate of an association to which section 21F applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases).

(2) References in sections 21F to 21H to a guest of an association include a person who is a guest of the association by virtue of an invitation issued by a member or associate of the association and permitted by the association.

(3) Regulations may make provision, for purposes of sections 21F to 21H, as to circumstances in which a person is to be treated as being, or as to circumstances in which a person is to be treated as not being, a guest of an association.]

Premises U.K.

22 Discrimination in relation to premises. U.K.

(1) It is unlawful for a person with power to dispose of any premises to discriminate against a disabled person—

(a) in the terms on which he offers to dispose of those premises to the disabled person;

(b) by refusing to dispose of those premises to the disabled person; or

(c) in his treatment of the disabled person in relation to any list of persons in need of premises of that description.

(2) Subsection (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless, for the purpose of disposing of the premises, he—

(a) uses the services of an estate agent, or

(b) publishes an advertisement or causes an advertisement to be published.

(3) It is unlawful for a person managing any premises to discriminate against a disabled person occupying those premises—

(a) in the way he permits the disabled person to make use of any benefits or facilities;

(b) by refusing or deliberately omitting to permit the disabled person to make use of any benefits or facilities; or

(c) by evicting the disabled person, or subjecting him to any other detriment.

[F121 (3A) Regulations may make provision, for purposes of subsection (3)—

(a) 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;

(b) as to who is to be treated as being, or as to who is to be treated as not being, a person occupying premises.]

(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—

  (a)

  assigning the tenancy, and

  (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—

  (a)

  by a lease or sub-lease,

  (b)

  by an agreement for a lease or sub-lease,

  (c)

  by a tenancy agreement, or

  (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.

Extent Information

E37 Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8; see s. 70(6)

Textual Amendments

F121 S. 22(3A) inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 16; S.I. 2005/1676, art. 2(1)(c) and same subsection inserted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 14; S.R. 2006/289, art. 2(1)(b)

[F122 22A Commonholds E+W+S

(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.]

Textual Amendments

F122 S. 22A inserted (E.W.S. with application to E.W. only) (30.6.2005 for certain purposes, and 4.12.2006 insofar as not already in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 17; S.I. 2005/1676, art. 2(2)(g); S.I 2005/2774, {art. 4(f)}

23 Exemption for small dwellings. U.K.

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

(2) The conditions are that—

(a) the relevant occupier resides, and intends to continue to reside, on the premises;

(b) the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household;

(c) the shared accommodation is not storage accommodation or a means of access; and

(d) the premises are small premises.

(3) For the purposes of this section, premises are “small premises” if they fall within subsection (4) or (5).

(4) Premises fall within this subsection if—

(a) only the relevant occupier and members of his household reside in the accommodation occupied by him;

(b) the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one other household;

(c) the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and

(d) there are not normally more than two such other households.

(5) Premises fall within this subsection if there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household.

(6) For the purposes of this section “the relevant occupier” means—

(a) in a case falling within section 22(1), the person with power to dispose of the premises, or a near relative of his;

[F123 (aa) in a case falling within section 22(3), the person managing the premises, or a near relative of his;]

(b) in a case falling within section 22(4), the person whose licence or consent is required for the disposal of the premises, or a near relative of his.

(7) For the purposes of this section—

• “near relative” means a person’s spouse [F124 or civil partner], partner, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or [F125 by marriage or civil partnership)]); and

• [F126 “partner” means the other member of a couple consisting of—

  (a)

  a man and a woman who are not married to each other but are living together as husband and wife, or

  (b)

  two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.]

Textual Amendments

F123 S. 23(6)(aa) inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 18; S.I. 2005/1676, art. 2(1)(c) and same subsection inserted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 15; S.R. 2006/289, art. 2(1)(b)

F124 Words in s. 23(7) inserted (5.12.2005) by Civil Partnership Act (2004 c. 33), ss. 261(1), 263(10), {Sch. 27 para. 150(2)}; S.I. 2005/3175, art. 2(2)

F125 Words in s. 23(7) substituted (5.12.2005) by Civil Partnership Act (2004 c. 33), ss. 261(1), 263(10), {Sch. 27 para. 150}; S.I. 2005/3175, art. 2(2)

F126 S. 23(7): definition of "partner" substituted (5.12.2005) by Civil Partnership Act (2004 c. 33), ss. 261(1), 263(10), {Sch. 27 para. 150(3)}; S.I. 2005/3175, art. 2(2)

Modifications etc. (not altering text)

C39 S. 23: power to amend or repeal conferred (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 15; S.R. 2007/466, art. 2(2)(i)

24 Meaning of “discrimination” . U.K.

(1) For the purposes of [F127 sections 22 and 22A], a person (“A”) 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 section, treatment is justified only if—

(a) in A’s opinion, one or more of the conditions mentioned in subsection (3) are satisfied; and

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

(3) The conditions are that—

(a) in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);

(b) in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case;

(c) in a case falling within section 22(3)(a), the treatment is necessary in order for the disabled person or the occupiers of other premises forming part of the building to make use of the benefit or facility;

(d) in a case falling within section 22(3)(b), the treatment is necessary in order for the occupiers of other premises forming part of the building to make use of the benefit or facility.

[F128 (e) in a case to which subsection (3A) applies, the terms are less favourable in order to recover costs which—

(i) as a result of the disabled person having a disability, are incurred in connection with the disposal of the premises, and

(ii) are not costs incurred in connection with taking steps to avoid liability under section 24G(1);

(f) in a case to which subsection (3B) applies, the disabled person is subjected to the detriment in order to recover costs which—

(i) as a result of the disabled person having a disability, are incurred in connection with the management of the premises, and

(ii) are not costs incurred in connection with taking steps to avoid liability under section 24A(1) or 24G(1).]

[F129 (3A) This subsection applies to a case if—

(a) the case falls within section 22(1)(a);

(b) the premises are to let;

(c) the person with power to dispose of the premises is a controller of them; and

(d) the proposed disposal of the premises would involve the disabled person becoming a person to whom they are let.

(3B) This subsection applies to a case if—

(a) the case falls within section 22(3)(c);

(b) the detriment is not eviction;

(c) the premises are let premises;

(d) the person managing the premises is a controller of them; and

(e) the disabled person is a person to whom the premises are let or, although not a person to whom they are let, is lawfully under the letting an occupier of them.

(3C) Section 24G(3) and (4) apply for the purposes of subsection (3A) as for those of section 24G; and section 24A(3) and (4) apply for the purposes of subsection (3B) as for those of section 24A.]

(4) Regulations may make provision, for purposes of this section, as to circumstances in which—

(a) it is reasonable for a person to hold the opinion mentioned in subsection 2(a);

(b) it is not reasonable for a person to hold that opinion.

[F130 (4A) Regulations may make provision for the condition specified in subsection (3)(b) not to apply in prescribed circumstances.]

(5) Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (3)) in which treatment is to be taken to be justified.

Textual Amendments

F127 S. 24(1): words "sections 22 and 22A" substituted (E.W.S.) for "section 22" (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 19(2); S.I. 2005/2774, art. 4(f)

F128 S. 24(3)(e)(f) inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 19(3); S.I. 2005/2774, art. 4(f) and same subsections inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 16(4); S.R. 2007/466, art. 2(2)(m)

F129 S. 24(3A)-(3C) inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 19(4); S.I. 2005/2774, art. 4(f) and same subsections inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 16(3); S.R. 2007/466, art. 2(2)(m)

F130 S. 24(4A) inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 19(5); S.I. 2005/1676, art. 2(1)(c) and same subsection inserted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 16(4); S.R. 2006/289, art. 2(1)(b)

Modifications etc. (not altering text)

C40 S. 24(3)(b) excluded (N.I.) (31.12.2007) by The Disability Discrimination (Premises) Regulations (Northern Ireland) 2007 (S.R. 2007/474), reg. 2

Commencement Information

I11 S. 24 wholly in force at 2.12.1996; s. 24 not in force at Royal Assent see s. 70(3); s. 24(5) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 24(5) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 24(1)-(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 21(1)-(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

[F131 24A Let premises: discrimination in failing to comply with duty E+W+S

(1) It is unlawful for a controller of let premises to discriminate against a 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.

(2) For the purposes of subsection (1), a controller of let premises discriminates against a disabled person if—

(a) he fails to comply with a duty under section 24C or 24D imposed on him by reference to the disabled person; and

(b) he cannot show that failure to comply with the duty is justified (see section 24K).

(3) For the purposes of this section and sections 24B to 24F, a person is a controller of let premises if he is—

(a) a person by whom the premises are let; or

(b) a person who manages the premises.

(4) For the purposes of this section and sections 24B to 24F—

(a) “let” includes sub-let; and

(b) 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.]

Textual Amendments

F131 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

[F131 24B Exceptions to section 24A(1) E+W+S

(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.]

Textual Amendments

F131 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

[F131 24C Duty for purposes of section 24A(2) to provide auxiliary aid or service E+W+S

(1) Subsection (2) applies where—

(a) a controller of let premises receives a request made by or on behalf of a person to whom the premises are let;

(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; and

(c) either the first condition, or the second condition, is satisfied.

(2) 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 provide the auxiliary aid or service (but see section 24E(1)).

(3) The first condition is that—

(a) the auxiliary aid or service—

(i) would enable a relevant disabled person to enjoy, or facilitate such a person’s enjoyment of, the premises, but

(ii) would be of little or no practical use to the relevant disabled person concerned if he were neither a person to whom the premises are let nor an occupier of them; and

(b) it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person concerned to enjoy the premises.

(4) The second condition is that—

(a) the auxiliary aid or service—

(i) would enable a relevant disabled person to make use, or facilitate such a person’s making use, of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use, but

(ii) would be of little or no practical use to the relevant disabled person concerned if he were neither a person to whom the premises are let nor an occupier of them; and

(b) it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person concerned to make use of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use.]

Textual Amendments

F131 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

[F131 24D Duty for purposes of section 24A(2) to change practices, terms etc E+W+S

(1) Subsection (3) applies where—

(a) a controller of let premises has a practice, policy or procedure which has the effect of making it impossible, or unreasonably difficult, for a relevant disabled person—

(i) to enjoy the premises, or

(ii) to make use of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use, or

(b) a term of the letting has that effect,

and (in either case) the conditions specified in subsection (2) are satisfied.

(2) Those conditions are—

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

(b) that the controller receives a request made by or on behalf of a person to whom the premises are let; and

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

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

Textual Amendments

F131 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

[F131 24E Sections 24C and 24D: supplementary and interpretation E+W+S

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

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

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

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

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

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

Textual Amendments

F131 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

[F131 24F Let premises: victimisation of persons to whom premises are let E+W+S

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

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

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

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

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

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

(b) the disability of each person who—

(i) is a disabled person or a person who has had a disability, and

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

Textual Amendments

F131 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

[F131 24G Premises that are to let: discrimination in failing to comply with duty E+W+S

(1) Where—

(a) a person has premises to let, and

(b) a disabled person is considering taking a letting of the premises,

it is unlawful for a controller of the premises to discriminate against the disabled person.

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

(a) he fails to comply with a duty under section 24J imposed on him by reference to the disabled person; and

(b) he cannot show that failure to comply with the duty is justified (see section 24K).

(3) For the purposes of this section and sections 24H and 24J, a person is a controller of premises that are to let if he is—

(a) a person who has the premises to let; or

(b) a person who manages the premises.

(4) For the purposes of this section and sections 24H and 24J—

(a) “let” includes sub-let;

(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.]

Textual Amendments

F131 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

[F131 24H Exceptions to section 24G(1) E+W+S

(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.]

Textual Amendments

F131 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

[F131 24J Duties for purposes of section 24G(2) E+W+S

(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.]

Textual Amendments

F131 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

[F131 24K Let premises and premises that are to let: justification E+W+S

(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);

(b) 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) 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 a person to hold the opinion mentioned in subsection (1)(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.]

Textual Amendments

F131 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

[F433 24K Let premises and premises to let: justification N.I.

(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);

(b) 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) 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 a person to hold the opinion mentioned in subsection (1)(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.]

Extent Information

E111 This section extends to Northern Ireland only; a separate s. 24K for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F433 Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only 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, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

Modifications etc. (not altering text)

C70 S. 24K(2)(b) excluded (N.I.) (31.12.2007) by The Disability Discrimination (Premises) Regulations (Northern Ireland) 2007 (S.R. 2007/474), reg. 2

[F131 24L Sections 24 to 24K: power to make supplementary provision E+W+S

(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).]

Textual Amendments

F131 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

[F433 24L Sections 24 to 24K: power to make supplementary provision N.I.

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

Extent Information

E112 This section extends to Northern Ireland only; a separate s. 24L for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F433 Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only 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, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

[F132 24M Premises provisions do not apply where other provisions operate E+W+S

(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) “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.

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

Textual Amendments

F132 S. 24M inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 20; S.I. 2005/2774, art. 4(f)

Enforcement, etc. U.K.

25 Enforcement, remedies and procedure. E+W+S

(1) A claim by any person that another person—

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

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

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

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

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

(4) Proceedings in Scotland shall be brought only in a sheriff court.

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

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

[F133 (6A) Subsection (1) does not apply in relation to a claim by a person that another person—

(a) has discriminated against him in relation to the provision under a group insurance arrangement of facilities by way of insurance; or

(b) is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision under such an arrangement of such facilities.]

[F134 [F135 (7) Subsection (1) does not apply in relation to a claim by a person that another person—

(a) has discriminated against him in relation to the provision of employment services; or

(b) is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision of employment services.

(8) A claim—

(a) of the kind referred to in subsection (6A) or (7), or

(b) by a person that another—

(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).]

Extent Information

E38 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F133 S. 25(6A) inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 11(2), 20(3)-(6); S.I. 2005/2774, art. 3(f)

F134 S. 25(7)-(9) inserted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), {regs. 1, 19(2)}

F135 S. 25(7)(8) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 21; S.I. 2005/2774, art. 3(j)

25 Enforcement, remedies and procedure. N.I.

(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 F434 . . . for breach of statutory duty.

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

(3) Proceedings in[F435 Northern Ireland] shall be brought only in a county court

(4) F436 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The remedies available in such proceedings are those which are available in the High Court F437 . . . .

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

[F438 (7) Subsection (1) does not apply in relation to a claim by a person that another person –

(a) has discriminated against him or subjected him to harassment in relation to the provision of employment services 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 or subjected him to harassment in such a way.

(8) A claim of the kind referred to in subsection (7) may be presented as a complaint to an industrial 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).]

Extent Information

E113 This version of this provision extends to Northern Ireland only, as it has effect by virtue of s. 70(6), Sch. 8 para. 12 and any subsequent amendments; a separate version has been created for England and Wales and Scotland only.

Textual Amendments

F434 Words in s. 25(1) omitted (N.I.) by virtue of s. 70(6), Sch. 8 para. 12(1) of this Act

F435 Words in s. 25(3) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 12(2) of this Act

F436 S. 25(4) omitted (N.I.) by virtue of s. 70(6), Sch. 8 para. 12(3) of this Act

F437 Words in s. 25(5) omitted (N.I.) by virtue of s. 70(6), Sch. 8 para. 12(4) of this Act

F438 S. 25(7)-(9) inserted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), {regs. 1, 19(3)}

26 Validity and revision of certain agreements. U.K.

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

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

(b) exclude or limit the operation of any provision of this Part, or

(c) prevent any person from making a claim under this Part.

[F136 (1A) Subsection (1) does not apply to—

(a) any term in a contract for the provision of employment services;

(b) any term in a contract which is a group insurance arrangement; or

(c) a term which—

(i) is in an agreement which is not a contract of either of those kinds, and

(ii) relates to the provision of employment services or the provision under a group insurance arrangement of facilities by way of insurance.]

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

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

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

(a) given notice of the application; and

(b) afforded an opportunity to make representations to the court.

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

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

Extent Information

E39 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Textual Amendments

F136 S. 26(1A) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 22; S.I. 2005/2774, art. 3(j) and the same sub-provision substituted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 19; S.R. 2007/466, art. 2(2)(l)

27 Alterations to premises occupied under leases. U.K.

(1) This section applies where—

(a) a provider of services [F137 , 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, [F138 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 a section 21 duty [F139 or 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.

Textual Amendments

F137 Words in s. 27(1)(a) inserted (E.W.S.) (30.6.2005 for certain purposes and 4.12.2006 insofar as not yet in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 23(a); S.I. 2005/1676, art. 2(2)(g); S.I. 2005/2774, art. 4(f) and said words inserted (N.I.) (3.7.2006 for certain purposes and 31.12.2007 insofar as not yet in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 20(a); S.R. 2006/289, art. 2(2)(f); S.R. 2007/466, art. 2(2)(m)

F138 Words in s. 27(1)(b) substituted (E.W.S.) (30.6.2005 for certain purposes and 4.12.2006 insofar as not yet in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 23(b); S.I. 2005/1676, art. 2(2)(g); S.I. 2005/2774, art. 4(f) and said words inserted (N.I.) (3.7.2006 for certain purposes and 31.12.2007 insofar as not yet in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 20(b); S.R. 2006/289, art. 2(2)(f); S.R. 2007/466, art. 2(2)(m)

F139 Words in s. 27(1)(c) inserted (E.W.S.) (30.6.2005 for certain purposes and 4.12.2006 insofar as not yet in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 23(c); S.I. 2005/1676, art. 2(2)(g); S.I. 2005/2774, art. 4(f) and said words inserted (N.I.) (3.7.2006 for certain purposes and 31.12.2007 insofar as not yet in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 20(c); S.R. 2006/289, art. 2(2)(f); S.R. 2007/466, art. 2(2)(m)

Modifications etc. (not altering text)

C41 S. 27 modified (1.10.2004) by S.I. 2001/3253, reg. 9

C42 S. 27 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

Commencement Information

I12 S. 27 wholly in force at 1.10.2004; s. 27 not in force at Royal Assent see s. 70(3); s. 27(3) wholly in force and s. 27(5) in force for specified purposes (E.W.S.) at 9.5.2001 by S.I. 2001/2030, art. 2(a)(b); s. 27(3) wholly in force and s. 27(5) in force for specified puroses (N.I.) at 31.12.2001 by S.R. 2001/439, art. 2(1)(a)(b); s. 27(1)(2)(4) wholly in force and and s. 27(5) in force to the extent that it is not already in force at 1.10.2004 by S.I. 2001/2030, art. 3(b) and S.R. 2001/439, art. 2(2)(b)

28 Conciliation of disputes. E+W+S

F140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E40 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F140 S. 28 repealed (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 45, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

[F439 28 Conciliation of disputes. N.I.

(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.]

Extent Information

E114 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F439 S. 28 substituted (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 12 (with art. 17); S.R. 2000/140, art. 2, Sch.

Commencement Information

I38 S. 28 wholly in force at 30.5.1996; s. 28 not in force at Royal Assent see s. 70(3); s. 28 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(e); s. 28 in force (N.I.) at 30.5.1996 by S.I. 1996/219, art. 3(e)

Part IV E+W+S Education

Modifications etc. (not altering text)

C43 Pt. 4: power to amend or repeal Pt. 4 conferred (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26

[F141 Chapter 1 E+W+S SCHOOLS]

Textual Amendments

F141 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

[F142 Duties of responsible bodies] E+W+S

Textual Amendments

F142 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

[F143 28A Discrimination against disabled pupils and prospective pupils E+W+S

(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.]

Textual Amendments

F143 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

[F144 28B Meaning of “discrimination” E+W+S

(1) For the purposes of section 28A, a responsible body discriminates against a disabled person if—

(a) for a reason which relates to his 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 28A, a responsible body also discriminates against a disabled person if—

(a) it fails, to his detriment, to comply with section 28C; and

(b) it cannot show that its failure to comply is justified.

(3) In relation to a failure to take a particular step, a responsible body does not discriminate against a person if it shows—

(a) that, at the time in question, it did not know and could not reasonably have been expected to know, that he was disabled; and

(b) that its failure to take the step was attributable to that lack of knowledge.

(4) The taking of a particular step by a responsible body in relation to a person does not amount to less favourable treatment if it shows that at the time in question it did not know, and could not reasonably have been expected to know, that he was disabled.

(5) Subsections (6) to (8) apply in determining whether, for the purposes of this section—

(a) less favourable treatment of a person, or

(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.]

Textual Amendments

F144 S. 28B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 12 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F145 28C Disabled pupils not to be substantially disadvantaged E+W+S

(1) The responsible body for a school must take such steps as it is reasonable for it to have to take to ensure that—

(a) in relation to the arrangements it makes for determining the admission of pupils to the school, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b) in relation to education and associated services provided for, or offered to, pupils at the school by it, disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

(2) That does not require the responsible body to—

(a) remove or alter a physical feature (for example, one arising from the design or construction of the school premises or the location of resources); or

(b) provide auxiliary aids or services.

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

(a) as to circumstances in which it is reasonable for a responsible body to have to take steps of a prescribed description;

(b) as to steps which it is always reasonable for a responsible body to have to take;

(c) as to circumstances in which it is not reasonable for a responsible body to have to take steps of a prescribed description;

(d) as to steps which it is never reasonable for a responsible body to have to take.

(4) In considering whether it is reasonable for it to have to take a particular step in order to comply with its duty under subsection (1), a responsible body must have regard to any relevant provisions of a code of practice issued under [F146 section 14 of the Equality Act 2006.]

(5) Subsection (6) applies if, in relation to a person, a confidentiality request has been made of which a responsible body is aware.

(6) 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 subsection (1), regard shall be had to the extent to which taking the step in question is consistent with compliance with that request.

(7) “Confidentiality request” means a request which asks for the nature, or asks for the existence, of a disabled person’s disability to be treated as confidential and which satisfies either of the following conditions—

(a) 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.]

Textual Amendments

F145 S. 28C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 13 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F146 Words in s. 28C(4) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 46 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

Modifications etc. (not altering text)

C44 S. 28C: Functions of a local education authority made exercisable by authorised persons (1.4.2002) by S.I. 2002/928, art. 3, Sch. 3 para. (q)

[F147 28D Accessibility strategies and plans E+W+S

(1) 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.

(2) 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) 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.

(3) An accessibility strategy must be in writing.

(4) Each local education authority must keep their accessibility strategy under review during the period to which it relates and, if necessary, revise it.

(5) It is the duty of each local education authority to implement their accessibility strategy.

(6) [F148 An inspection under section 38 of the Education Act 1997 (inspections of local education authorities) may extend to the performance by a local education authority of their functions in relation to the preparation, review, revision and implementation of their accessibility strategy.]

(7) Subsections (8) to (13) apply to—

(a) maintained schools [F149 and maintained nursery schools];

(b) independent schools ; and

(c) special schools which are not maintained special schools but which are approved by the Secretary of State, or by the [F150 Welsh Ministers], under section 342 of the Education Act 1996.

(8) The responsible body must prepare—

(a) an accessibility plan;

(b) further such plans at such times as may be prescribed.

(9) An accessibility plan is a plan for, over a prescribed period—

(a) increasing the extent to which disabled pupils can participate in the school’s curriculum;

(b) improving the physical environment of the school 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 school; and

(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 [F151 Part 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 [F152 or 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.

[F153 (17) In this section—

• “prescribed” means prescribed in regulations;

• “regulations” means—

  (a)

  in relation to England, regulations made by the Secretary of State, and

  (b)

  in relation to Wales, regulations made by the [F150 Welsh 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).]

Textual Amendments

F147 S. 28D inserted (E.W.S.) (1.7.2002 for specified purposes and otherwise 1.9.2002 for E.S and 8.10.2003 for W.) by 2001 c. 10, ss. 14(1), 43(3) (with s. 43(13)); S.I. 2002/1721, art. 4, Sch. Pt. II; S.I. 2002/2217, art. 4, Sch. 1 Pt. II; S.I. 2003/2532, art. 2, Sch.

F148 S. 28D(6) repealed (E.W.) (1.4.2005 for E. and 31.7.2008 for W.) by Children Act 2004 (c. 31), ss. 64, 67, Sch. 5 Pt. 3; S.I. 2005/394, art. 2(2)(g); S.I. 2008/1904, art. 2(c)

F149 Words in s. 28D(7)(a) inserted (W.) (31.10.2005) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913), reg. 3

F150 S. 28D(7)(c)(17)(b): words substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 51(3)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F151 Words in s. 28D(13) substituted (1.9.2005 for E. and 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 61, 125, Sch. 9 para. 8; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch.

F152 Words in s. 28D(14) inserted (1.9.2003 except in relation to W. and 31.10.2005 for W.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 26 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F153 S. 28D(17) substituted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 24(2); S.I. 2005/1676, art. 2(1)(c)

Modifications etc. (not altering text)

C45 S. 28D(1)-(3)(5)(6): Functions of a local education authority made exercisable by authorised persons (E.) (1.4.2002) by S.I. 2002/928, art. 3, Sch. 3 para. (r)

[F154 28E Accessibility strategies and plans: procedure E+W+S

(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 [F155 Welsh 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 [F156 an Academy]) in England,

the strategy or plan must be given to him.

(6) If the [F157 Welsh 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 [F158 (other than an Academy)] in Wales,

the strategy or plan must be given to [F159 them].

(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 [F160 an Academy] must make a copy of his accessibility plan available for inspection at such reasonable times as he may determine.]

Textual Amendments

F154 S. 28E inserted (E.W.S.) (1.7.2002 for specified purposes and otherwise 1.9.2002 for E.S. and 8.10.2003. for W.) by 2001 c. 10, ss. 15, 43(3) (with s. 43(13)); S.I. 2002/1721, art. 4, Sch. Pt. II; S.I. 2002/2217, art. 4, Sch. 1 Pt. II; S.I. 2003/2532, art. 2, Sch.

F155 Words in s. 28E(3)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 52(2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F156 Words in s. 28E(5)(b) substituted (26.7.2002) by 2002 c. 32, s. 65, Sch. 7 para. 5(2)(a) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

F157 Words in s. 28E(6) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 52(3), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F158 Words in s. 28E(6)(b) inserted (26.7.2002) by 2002 c. 32, s. 65, Sch. 7 para. 5(2)(b) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

F159 Word in s. 28E(6) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 52(3)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F160 Words in s. 28E(8) substituted (26.7.2002) by 2002 c. 32, s. 65, Sch. 7 para. 5(2)(c) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

[F161 Residual duty of education authorities] E+W+S

Textual Amendments

F161 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

[F162 28F Duty of education authorities not to discriminate E+W+S

(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; F163 . . .

(iii) the Standards in Scotland’s Schools etc. Act 2000.[F164 ; and

(iv) the Education (Additional Support for Learning) (Scotland) Act 2004 F165 .]

(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.]

Textual Amendments

F162 S. 28F 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

F163 Word preceding s. 28F(1)(b)(iii) omitted (30.6.2005) by virtue of The Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications) Order (S.I. 2005/1791), {art. 2(a)}

F164 S. 28F(1)(b)(iv) and preceding word inserted (30.6.2005) by The Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications) Order (S.I. 2005/1791), {art. 2(b)}

F165 2004 asp 4.

[F166 28G Residual duty: supplementary provisions E+W+S

(1) Section 28B applies for the purposes of section 28F as it applies for the purposes of section 28A with the following modifications—

(a) references to a responsible body are to be read as references to an authority; and

(b) references to section 28C are to be read as references to subsections (2) to (4).

(2) Each authority must take such steps as it is reasonable for it to have to take to ensure that, in discharging any function to which section 28F applies—

(a) disabled persons who may be admitted to a school as pupils are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b) disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

(3) That does not require the authority to—

(a) remove or alter a physical feature; or

(b) provide auxiliary aids or services.

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

(5) A reference in sections 28I, 28K(1), 28M(6) and 28P to a responsible body is to be read as including a reference to a local education authority in relation to a function to which section 28F applies.

(6) A reference in section 28N and 28P to a responsible body is to be read as including a reference to an education authority in relation to a function to which section 28F applies.

(7) “Authority” means—

(a) in relation to England and Wales, a local education authority; and

(b) in relation to Scotland, an education authority.]

Textual Amendments

F166 S. 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

[F167 Enforcement: England and Wales] E+W+S

Textual Amendments

F167 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

F169 28H [[F168 Tribunals]] E+W+S

(1) The Special Educational Needs Tribunal—

(a) is to continue to exist; but

(b) after the commencement date is to be known as the Special Educational Needs and Disability Tribunal.

[F170 (2) In this Chapter—

• “the Tribunal” means the Special Educational Needs and Disability Tribunal, and

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

(3) In addition to the jurisdiction of those tribunals under Part 4 of the Education Act 1996, each of them is to exercise the jurisdiction conferred on it by this Chapter.]

(3) In addition to its jurisdiction under Part 4 of the Education Act 1996, the Tribunal is to exercise the jurisdiction conferred on it by this Chapter.

(4) “Commencement date” means the day on which section 17 of the Special Educational Needs and Disability Act 2001 comes into force.

Textual Amendments

F168 S. 28H heading substituted (31.3.2003 for certain purposes otherwise 1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 8(2) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, arts. 5, 6, Sch. Pt. II, III

F169 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

F170 S. 28H(2)(3) substituted (31.3.2003 for certain purposes otherwise 1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 8(1) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, arts. 5, 6, Sch. Pt. II, III

[F171 28I Jurisdiction and powers of the Tribunal E+W+S

(1) A claim that a responsible body—

(a) has discriminated against a person (“A”) 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 a person (“A”) in such a way,

may be made to the [F172 appropriate tribunal] by A’s parent.

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

(3) If the [F172 appropriate tribunal] considers that a claim under subsection (1) is well founded—

(a) it may declare that A 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.

(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.

[F173 (5) 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 Tribunal,

(b) for a claim against the responsible body for a school in Wales, is the Welsh Tribunal.]]

Textual Amendments

F171 S. 28I inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 18 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F172 Words in s. 28I(1)(3) substituted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 9(2) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

F173 S. 28I(5) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 9(3) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

Prospective

28IA Jurisdiction and powers of the Tribunal – Wales E+W

(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.

Prospective

28IB Case friends — Wales E+W

(1) The Welsh Ministers may by regulations provide for—

(a) a disabled child in a local authority area in Wales to have a person to make representations on behalf of the disabled child with a view to avoiding or resolving disagreements about matters made unlawful under this chapter or to be treated as discrimination by virtue of section 58, and

(b) a relevant person (within the meaning of section 28IA) to have another person to exercise the relevant person's rights under that section on the relevant person's behalf.

(2) A person exercising rights or making representations on behalf of a disabled child or a relevant person under subsection (1) is referred to in this Part as a “case friend”.

(3) A case friend must—

(a) make representations and exercise rights fairly and competently;

(b) have no interest adverse to that of the disabled child or relevant person;

(c) ensure that all steps and decisions taken by the case friend are for the benefit of the disabled child or relevant person and take account of the disabled child or relevant person's views.

(4) Regulations made under this section may (among other things)—

(a) confer functions on the Welsh Tribunal;

(b) make provision about procedures in relation to case friends;

(c) make provision about the appointment and removal of case friends;

(d) specify the circumstances in which a person may or may not act as a case friend;

(e) specify the circumstances in which a relevant person (within the meaning of section 28IA) must have a case friend;

(f) specify further requirements in respect of the conduct of case friends.

(5) In this section, sections 28IC, 28ID and 28IE, a disabled child means any disabled person who is a pupil (or a prospective pupil) of—

(a) a maintained school or maintained nursery school,

(b) a pupil referral unit,

(c) an independent school, or

(d) 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.

Prospective

28IC Advice and information — Wales E+W

(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.

Prospective

28ID Resolution of disputes — Wales E+W

(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.

Prospective

28IE Independent advocacy services — Wales E+W

(1) Every local authority in Wales must—

(a) make arrangements for the provision of independent advocacy services in their area;

(b) refer any disabled child in their area who requests independent advocacy services to a service provider;

(c) refer any person who is a case friend for a disabled child in their area and who requests independent advocacy services to a service provider.

(2) In this section “independent advocacy services” are services providing advice and assistance (by way of representation or otherwise) to a disabled child who is—

(a) making, or intending to make a claim that a responsible body—

(i) has discriminated against that child in a way which is unlawful under this Chapter, or

(ii) is by virtue of section 58 to be treated as having discriminated against that child in such a way; or

(b) considering whether to make such a claim; or

(c) taking part in or intending to take part in dispute resolution arrangements made under section 28ID.

(3) In making arrangements under this section, every local education authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is—

(a) the subject of a claim to the Welsh Tribunal, or

(b) involved in investigating or adjudicating on such a claim.

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

(5) Every local authority in Wales must take such steps as they consider appropriate for making the arrangements under this section 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 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.

[F174 28J Procedure E+W+S

(1) Regulations may make provision about—

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

(b) the making of a claim.

(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 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 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.

[F175 (2A) If made with the agreement of the [F176 Welsh Ministers], the regulations apply to the Welsh Tribunal as they apply to the Tribunal, subject to such modifications as may be specified in the regulations.]

(3) Proceedings before the Tribunal [F177 or the Welsh Tribunal] are to be held in private, except in prescribed circumstances.

F178 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Secretary of State may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal [F177 or the Welsh Tribunal] as he may, with the consent of the Treasury, determine.

(6) In relation to [F179 the Welsh Tribunal], the power conferred by subsection (5) may be exercised only with the agreement of the [F180 Welsh Ministers].

(7) Part 1 of the Arbitration Act 1996 does not apply to proceedings before the Tribunal [F177 or 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 [F181 , 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 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.

(10) A person guilty of an offence under subsection (9) 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.]

Textual Amendments

F174 S. 28J inserted (E.W.S.) (1.7.2002 for certain purposes otherwise 1.9.2002) by 2001 c. 10, s. 19(1) (with s. 43(13)); S.I. 2002/1721, art. 3, Sch. Pt. I; S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F175 S. 28J(2A) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 10(2) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

F176 Words in s. 28J(2A) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 53(2)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F177 Words in s. 28J(3)(5)(7) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 10(3)(5)(7) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

F178 S. 28J(4) repealed (1.9.2003) by 2002 c. 32, ss. 195, 215(2), Sch. 18 para. 10(4), Sch. 22 Pt. II (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

F179 Words in s. 28J(6) substituted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 10(6) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

F180 Words in s. 28J(6) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 53(3)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F181 S. 28J(8)(a)(b) and the preceding words inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 10(8) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

Valid from 03/11/2008

[F182 28JA Appeal from the Welsh Tribunal to the Upper Tribunal E+W+S

(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.]

Textual Amendments

F182 S. 28JA inserted (E.W.S.) (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 118

[F183 28K Admissions E+W+S

(1) If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an admissions decision that a responsible body—

(a) has discriminated against a person (“A”) 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 a person (“A”) in such a way.

(2) The condition is that arrangements (“appeal arrangements”) have been made—

(a) under section 94 of the School Standards and Framework Act 1998, or

(b) under an agreement entered into between the responsible body for [F184 an 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’s 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) “Admissions decision” means—

(a) a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998;

(b) a decision as to the admission of a person to [F184 an Academy] taken by the responsible body or on its behalf.]

Textual Amendments

F183 S. 28K inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 20 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F184 Words in s. 28K(2)(b)(5)(b) substituted (26.7.2002) by 2002 c. 32, s. 65, Sch. 7 para. 5(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

[F185 28L Exclusions E+W+S

(1) If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an exclusion decision that a responsible body—

(a) has discriminated against a person (“A”) 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 a person (“A”) in such a way.

(2) The condition is that arrangements (“appeal arrangements”) have been made—

(a) under [F186 section 52(3)(c) of the Education Act 2002], or

(b) under an agreement entered into between the responsible body for [F187 an 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) a decision of a kind mentioned in [F188 section 52(3)(c) of the Education Act 2002];

(b) a decision not to reinstate a pupil who has been permanently excluded from [F187 an Academy] by its head teacher, taken by the responsible body or on its behalf.

(6) “Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under [F189 section 19 of the Education Act 2002].

(7) “Maintained school” has the meaning given in section 28Q(5).]

Textual Amendments

F185 S. 28L inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 21 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F186 Words in s. 28L(2)(a)(5)(a) substituted (20.1.2003 for E. and 9.1.2004 in relation to W. by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 27(2) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 7, Sch. Pt. 4

F187 Words in s. 28L(2)(b)(5)(b) substituted (26.7.2002) by 2002 c. 32, s. 65, Sch. 7 para. 5(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

F188 Words in s. 28L(2)(a)(5)(a) substituted (20.1.2003 for E. and 1.9.2004 in relation to W. by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 27(2) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/2961, art. 7, Sch. Pt. 4

F189 Words in s. 28L(6) substituted (1.9.2003 except in relation to W. and 31.10.2005 for W.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 27(3) (with ss. 210(8), 214(4); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

[F190 28M Roles of the Secretary of State and the [F191 Welsh Ministers] E+W+S

(1) 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 imposed by or under section 28D or 28E, or

(b) has failed to discharge a duty imposed by or under either of those sections,

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

(2) Subsection (3) applies in relation to—

(a) special schools which are not maintained special schools but which are approved by the Secretary of State, or by the [F192 Welsh Ministers], under section 342 of the Education Act 1996; and

(b) city academies.

(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 Tribunal [F193 or 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) has failed to comply with the order,

he may give that body such directions as to compliance with the order as appear to him to be expedient.

(7) Directions given under subsection (1), (3) or (6)—

(a) may be varied or revoked by the directing authority; and

(b) may be enforced, on the application of the directing authority, by a mandatory order obtained in accordance with section 31 of the Supreme Court Act 1981.

(8) “Appropriate authority” means—

(a) in relation to England, the Secretary of State; and

(b) in relation to Wales, the [F194 Welsh Ministers].

(9) “Directing authority” means—

(a) the Secretary of State in relation to a direction given by him; and

(b) the [F195 Welsh Ministers] in relation to a direction given by [F195 them].]

Textual Amendments

F190 S. 28M inserted (E.W.S.) (1.9.2002 for certain purposes and 8.10.2003 in so far as not already in force) by 2001 c. 10, ss. 22, 43(3) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1; S.I. 2003/2532, art. 2, Sch.

F191 S. 28M: words in heading substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F192 Words in s. 28M(2)(a) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(3), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F193 Words in s. 28M(5) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 11 (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

F194 Words in s. 28M(8)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(4), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F195 Words in s. 28M(9)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(5), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

[F196 Enforcement: Scotland] E+W+S

Textual Amendments

F196 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

[F197 28N Civil proceedings E+W+S

(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 [F198 paragraph 10] of that Schedule—

(a) references to [F199 section 28I] are to be construed as a reference to this section;

(b) references to the Tribunal [F200 or Welsh Tribunal] are to be construed as references to the sheriff court.]

Textual Amendments

F197 S. 28N inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 23 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F198 Words in s. 28N(5) substituted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 24(3)(a); S.I. 2005/1676, art. 2(1)(c)

F199 Words in s. 28N(5)(a) substituted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 24(3)(b); S.I. 2005/1676, art. 2(1)(c)

F200 Words in s. 28N(5)(b) inserted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 24(3)(c); S.I. 2005/1676, art. 2(1)(c)

[F201 Agreements relating to enforcement] E+W+S

Textual Amendments

F201 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

[F202 28P Validity and revision of agreements of responsible bodies E+W+S

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

(4) No such order 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.]

Textual Amendments

F202 S. 28P inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 24 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F203 Interpretation of Chapter 1] E+W+S

Textual Amendments

F203 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

[F204 28Q Interpretation E+W+S

(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 [F205 Welsh 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.

(6) “Responsible body” has the meaning given in section 28A(5).

(7) “Governing body”, in relation to a maintained school, means the body corporate (constituted in accordance with [F206 regulations under section 19 of the Education Act 2002]]) which the school has as a result of [F207 that section].

(8) “Parent”—

(a) in relation to England and Wales, has the meaning given in section 576 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.

(9) In relation to England and Wales “permitted form of selection” means—

(a) if the school is a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, any form of selection mentioned in section 99(2) or (4) of that Act;

(b) if the school is a maintained school which is so designated, any of its selective admission arrangements;

(c) if the school is an independent school, any arrangements which make provision for any or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.

(10) In relation to Scotland, “permitted form of selection” means—

(a) if the school is managed by an education authority, such arrangements as have been approved by the Scottish Ministers for the selection of pupils for admission;

(b) if the school is an independent school or a self-governing school, any arrangements which make provision for any or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.

(11) In subsection (10), “education authority”, “independent school” and “self-governing school” have the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(12) F208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) “Accessibility strategy” and “accessibility plan” have the meaning given in section 28D.

(14) F209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F204 S. 28Q inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 25 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F205 Words in s. 28Q(4)(d) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 55(2)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F206 Words in s. 28Q(7) substituted (1.9.2003 except in relation to W. and 31.10.2005 for W.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 28(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F207 Words in s. 28Q(7) substituted (1.9.2003 except in relation to W. and 31.10.2005 for W.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 28(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

F208 S. 28Q(12) ceased to have effect (26.7.2002) and repealed (26.7.2002 for E.S and 1.8.2003 for W.) by 2002 c. 32, s. 65, 215(2), 216, Sch. 7 para. 5(5), Sch. 22 Pt. III (with ss. 210(8), 214(4)); S.I. 2002/2002, arts. 2, 3; S.I. 2003/1718, art. 4, Sch. Pt. I

F209 S. 28Q(14) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 55(3), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

[F210 Chapter 2 U.K. FURTHER AND HIGHER EDUCATION]

Textual Amendments

F210 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

[F211 Duties of responsible bodies] E+W+S

Textual Amendments

F211 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

[F212 28R Discrimination against disabled students and prospective students E+W+S

(1) It is unlawful for the body responsible for an educational institution to discriminate against a disabled person—

(a) in the arrangements it makes for determining admissions to the institution;

(b) in the terms on which it offers to admit him to the institution; or

(c) by refusing or deliberately omitting to accept an application for his admission to the institution.

(2) It is unlawful for the body responsible for an educational institution to discriminate against a disabled student in the student services it provides, or offers to provide.

(3) It is unlawful for the body responsible for an educational institution to discriminate against a disabled student by excluding him from the institution, whether permanently or temporarily.

[F213 (3A) It is unlawful for the body responsible for an educational institution to discriminate against a disabled person—

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

(b) in the terms on which it is prepared to confer a qualification on him;

(c) by refusing or deliberately omitting to grant any application by him for a qualification; or

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

(3B) It is unlawful for the body responsible for an educational institution to subject to harassment a disabled person who—

(a) holds or applies for a qualification conferred by the institution;

(b) is a student at the institution; or

(c) seeks admission as a student to the institution.]

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

(5) The body responsible for an educational institution is to be determined in accordance with Schedule 4B, and in the remaining provisions of this Chapter is referred to as the “responsible body”.

(6) “Educational institution”, in relation to England and Wales, means an institution—

(a) within the higher education sector;

(b) within the further education sector; or

(c) designated in an order made by the Secretary of State.

(7) “Educational institution”, in relation to Scotland, means—

(a) an institution within the higher education sector (within the meaning of section 56(2) of the Further and Higher Education (Scotland) Act 1992);

(b) a college of further education with a board of management within the meaning of section 36 of that Act;

(c) a central institution within the meaning of section 135 of the Education (Scotland) Act 1980;

(d) a college of further education maintained by an education authority in the exercise of their further education functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of that Act;

(e) an institution designated in an order made by the Secretary of State.

(8) Subsection (6) is to be read with section 91 of the Further and Higher Education Act 1992.

(9) The Secretary of State may not make an order under subsection (6)(c) or (7)(e) unless he is satisfied that the institution concerned is wholly or partly funded from public funds.

(10) 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.]

Textual Amendments

F212 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

F213 S. 28R(3A)(3B) inserted (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, 5

[F214 28S Meaning of “discrimination” E+W+S

(1) For the purposes of [F215 this Chapter], a responsible body discriminates against a disabled person if—

(a) for a reason which relates to his 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.

[F216 (2) For the purposes of this Chapter, a responsible body also discriminates against a disabled person if it fails to comply with a duty imposed on it by section 28T or 28UA(5) in relation to the disabled person.]

(3) In relation to a failure to take a particular step, a responsible body does not discriminate against a person if it shows—

(a) that, at the time in question, it did not know and could not reasonably have been expected to know, that he was disabled; and

(b) that its failure to take the step was attributable to that lack of knowledge.

(4) F217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F218 (5) Treatment, other than the application of a competence standard, is (subject to subsections (7) to (9)), 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.

(6) The application by a responsible body of a competence standard to a disabled person is (subject to subsections (8) and (9)) 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.

(7) If in a case falling within subsection (1), other than a case where the treatment is the application of a competence standard, a responsible body is under a duty under section 28T or 28UA(5) in relation to the disabled person, but fails to comply with that duty, its treatment of that person cannot be justified under subsection (5) unless that treatment would have been justified even if it had complied with that duty.

(8) Subject to subsection (9), 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.

(9) 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.]]

Textual Amendments

F214 S. 28S inserted (1.9.2002) by 2001 c. 10, s. 27 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F215 Words in s. 28S(1) 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, 6(1)

F216 S. 28S(2) 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, 6(2)

F217 S. 28S(4) omitted (30.6.2006 for certain purposes and otherwise 1.9.2006) by virtue of The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 6(3)

F218 S. 28S(5)-(11) substituted for s. 28S(5)-(9) (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations (S.I. 2006/1721), regs. 1, {6(4)}

[F219 28SA Meaning of “harassment“ E+W+S

 

(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.]

Textual Amendments

F219 S. 28SA inserted (30.6.2006 for certain purposes and otherwise1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 7

[F220 [F221 28T Responsible bodies' duties to make adjustments E+W+S

(1) 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,

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.

(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,

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.

(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 [F222 any of subsections (1) to (1D)], a responsible body must have regard to any relevant provisions of a code of practice issued under [F223 section 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 [F224 any 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) 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.]

Textual Amendments

F220 S. 28T inserted (1.9.2002) by 2001 c. 10, s. 28 (with s. 43(13)); S.I. 2002/2217, arts. 5, 6

F221 S. 28T(1)(1A)-(1D) and section heading substituted for s. 28T(1) and section heading (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, 8

F222 Words in s. 28T(2) 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, 9

F223 Words in s. 28T(2) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 46 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F224 Words in s. 28T(4) 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, 9

Modifications etc. (not altering text)

C46 S. 28T: Functions of a local education authority made exercisable by authorised persons (E.) (1.4.2002) by S.I. 2002/928, art. 3, Sch. 3 para. (s)

C47 S. 28T(1) applied (with modifications) (temp. from 28.8.2002) by S.I. 2002/2217, art. 6, Sch. 2

[F225 Other providers of further education or training facilities] E+W+S

Textual Amendments

F225 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

[F226 28U Further education etc. provided by local education authorities and schools E+W+S

 

(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.]

Textual Amendments

F226 S. 28U 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, 10

[F227 Other unlawful acts] E+W+S

Textual Amendments

F227 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

[F228 28UA Relationships which have come to an end E+W+S

 

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

Textual Amendments

F228 S. 28UA inserted (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, 12

[F229 28UB Instructions and pressure to discriminate E+W+S

 

(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.]

Textual Amendments

F229 S. 28UB inserted (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, 13

[F230 28UC Discriminatory advertisements E+W+S

 

(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.]

Textual Amendments

F230 S. 28UC inserted (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, 14

[F231 Enforcement, etc.] U.K.

Textual Amendments

F231 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

[F232 28V Enforcement, remedies and procedure E+W+S

(1) A claim by a person—

(a) that a responsible body has discriminated against him [F233 , 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 [F234 done so], or

(c) that a person is by virtue of section 57 to be treated as having [F234 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.

[F235 (1A) 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.]

Textual Amendments

F232 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

F233 Words in s. 28V(1)(a) inserted (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, 15(2)(a)

F234 Words in s. 28V(1)(b)(c) 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, 15(2)(b)

F235 S. 28V(1A) inserted (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, 15(3) (with reg. 3)

[F236 28W Occupation of premises by educational institutions E+W+S

(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 [F237 or 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.]

Textual Amendments

F236 S. 28W inserted (E.W.S.) (30.5.2002) by 2001 c. 10, s. 31 (with s. 43(13)); S.I. 2002/1649, art. 3

F237 Words in s. 28W(1)(c) inserted (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, 16

Modifications etc. (not altering text)

C48 S. 28W 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)

C49 S. 28W modified (1.5.2005) by The Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulations 2005 (S.I. 2005/1070), reg. 7

[F238 28X Validity and revision of agreements E+W+S

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”.]

Textual Amendments

F238 S. 28X inserted (1.9.2002) by 2001 c. 10, s. 32 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

29 Education of disabled persons. U.K.

F239 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E41 In the application of the Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 paras. 1, 15

Textual Amendments

F239 S. 29 repealed (E.W.S.) (1.9.2002) by 2001 c. 10, s. 40(1), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F240 Duties of funding councils] U.K.

Textual Amendments

F240 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

30 Further and higher education of disabled persons. 1992 c.13. U.K.

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

F241 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F241 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F241 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.”

[F242 (6) In section 65 (administration of funds by higher education funding councils), after subsection (4) insert—

“(4A) Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which a council makes grants, loans or other payments under this section to the governing body of a higher education institution shall require the governing body to publish disability statements at such intervals as may be specified.

(4B) For the purposes of subsection (4A) above—

• “disability statement” means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purposes of the 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.”]

F243 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F243 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F243 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E42 In the application of the Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 paras. 1, 15

Textual Amendments

F241 S. 30(2)-(4) repealed (1.4.2001) by 2000 c. 21, s. 153, Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

F242 S. 30(6) repealed (E.W.S) (1.9.2002) by 2001 c. 10, ss. 34(5), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F243 S. 30(7)-(9) repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

Commencement Information

I13 S. 30(1)-(6) in force at 31.7.1996 by S.I. 1996/1474, art. 2(2), Sch. Pt. II

31 Further and higher education of disabled persons: Scotland. 1992 c. 37. U.K.

(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.”

[F244 (3) In section 40 (administration of funds by the Council), after subsection (4) insert—

“(5) Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which the Council make grants, loans or other payments under this section to the governing body of an institution within the higher education sector shall require the governing body to publish disability statements at such intervals as may be specified.

(6) For the purposes of subsection (5) above—

• “disability statement” means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purpose of the Disability Discrimination Act 1995; and

• “specified” means specified in the conditions subject to which grants, loans or other payments are made by the Council under this section.”]

Extent Information

E43 In the application of the Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 paras. 1, 15

Textual Amendments

F244 S. 31(3) repealed (E.W.S.) (1.9.2002) by 2001 c. 10, ss. 34(6), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F245 Interpretation of Chapter 2] U.K.

Textual Amendments

F245 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

[F246 31A Interpretation E+W+S

(1) Subsections (2) to [F247 (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.

[F248 (5) “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.]]

Textual Amendments

F246 S. 31A and cross-heading 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

F247 Word in s. 31A(1) 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, 17

F248 S. 31A(5)-(10) inserted (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, 17

[F249 Chapter 2A E+W+S General Qualifications Bodies

Textual Amendments

F249 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)

31AA General qualifications bodies: discrimination and harassment E+W+S

(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.

31AB Meaning of “discrimination” E+W+S

(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.

31AC Meaning of “harassment” E+W+S

(1) For the purposes of section 31AA, a body subjects a disabled person to harassment where, for a reason which relates to the disabled person’s disability, the 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 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.

31AD General qualifications bodies: duty to make adjustments E+W+S

(1) Where—

(a) a provision, criterion or practice, other than a competence standard, is applied by or on behalf of a general qualifications body,

(b) it is a provision, criterion or practice for determining on whom a relevant 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,

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 provision, criterion or practice having that effect.

(2) Where—

(a) a provision, criterion or practice, other than a competence standard, is applied by or on behalf of a general qualifications body,

(b) it is a provision, criterion or practice other than one for determining on whom a relevant qualification is to be conferred, and

(c) it places a disabled person who—

(i) holds a relevant qualification conferred by the body, or

(ii) applies for a relevant qualification which the body confers,

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 provision, criterion or practice having that effect.

(3) Where any physical feature of premises occupied by a general qualifications body places a disabled person who—

(a) holds a relevant qualification conferred by the body, or

(b) applies for a relevant qualification which the body confers,

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.

(4) Nothing in subsection (1), (2) or (3) imposes a duty on a general qualifications body in relation to a disabled person if the body does not know, and could not reasonably be expected to know—

(a) in the case of an applicant or potential applicant for the conferment of a relevant qualification, that the disabled person concerned is, or may be, such an applicant; or

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

(5) In this section—

(a) “provision, criterion or practice” includes (subject to any provision under subsection (6)(e)) any arrangements;

(b) “competence standard” has the meaning given by section 31AB(9).

(6) Regulations may make provision, for purposes of this section—

(a) as to circumstances in which a provision, criterion or practice is to be taken to have, or as to circumstances in which a provision, criterion or practice is to be taken not to have, the effect mentioned in subsection (1)(d) or (2)(c);

(b) as to circumstances in which a physical feature is to be taken to have, or as to circumstances in which a physical feature is to be taken not to have, the effect mentioned in subsection (3);

(c) as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a body 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 body to have to take;

(e) as to what is, or as to what is not, to be included within the meaning of “provision, criterion or practice”;

(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.

[F250 31ADA Enforcement, remedies and procedures E+W+S

(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 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.

(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.]

Textual Amendments

F250 S. 31ADA inserted (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations 2007 (S.I. 2007/2405), regs. 1(2), 3

[F251 31ADB Alterations to premises occupied under leases] E+W+S

(1) (1) This section applies where—

(a) a general qualifications body occupies premises under a lease;

(b) but for this section, the general qualifications body would not be entitled to make a particular alteration to the premises; and

(c) the alteration is one which the general qualifications body proposes to make in order to comply with the duty imposed by section 31AD(3).

(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 general qualifications body to be entitled to make the alteration with the written consent of the lessor;

(b) for the general qualifications 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 and in Part 4 of Schedule 4—“lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy;“sub-lease” means any sub-term created out of, or deriving from, a leasehold interest; and“sub-tenancy” means any tenancy created out of, or deriving from, a superior tenancy.

(4) For the purposes of subsection (1), the general qualifications body is to be treated as not being entitled to make the alteration, if the terms and conditions of the lease—

(a) 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.]

Textual Amendments

F251 S. 31ADB inserted (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations 2007 (S.I. 2007/2405), regs. 1(2), 5 (with regs. 8-13)

31AE Chapter 2A: claims, leased premises and certain agreements E+W+S

(1) Regulations may make provision for, or in connection with, the making of 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.

(2) Regulations may, in relation to a case where premises are occupied by a general qualifications body under a lease—

(a) make provision modifying the lease, or make provision for its modification, in connection with the making of alterations to the premises in pursuance of a duty imposed on the body by section 31AD;

(b) make provision in connection with the determination of questions that are about the body’s compliance with any such duty and are related to the making of alterations to the premises.

(3) Any term in a contract or other agreement made by or on behalf of a general qualifications 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 making a claim of a kind mentioned in subsection (1).

(4) Regulations may—

(a) make provision for subsection (3)(b) or (c) not to apply to an agreement settling a claim of a kind mentioned in subsection (1);

(b) make provision modifying an agreement to which subsection (3) applies, or make provision for the modification of such an agreement, in order to take account of the effect of that subsection.

(5) The provision that may be made under subsection (1), (2) or (4) includes (in particular)—

(a) provision as to the court or tribunal to which a claim, or an application in connection with a modification, may be made;

(b) provision for the determination of claims or matters otherwise than by the bringing of proceedings before a court or tribunal;

(c) provision for a person who is a lessor in relation to a lease under which a general qualifications body occupies premises to be made a party to proceedings;

(d) provision as to remedies;

(e) provision as to procedure;

(f) provision as to appeals;

(g) provision as to time limits;

(h) provision as to evidence;

(i) provision as to costs or expenses.

(6) 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.

31AF Chapter 2A: duty to consult before making regulations E+W+S

(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 [F252 Welsh Ministers] and the Scottish Ministers before making regulations under this Chapter.

Textual Amendments

F252 Words in s. 31AF(2) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 56(5), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

[F253 Chapter 3 E+W+S SUPPLEMENTARY]

Textual Amendments

F253 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 E+W+S

F254 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F254 S. 31B repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 47, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

[F255 31C Application to Isles of Scilly E+W+S

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.]

Textual Amendments

F255 S. 31C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 39 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Part V U.K. Public Transport

Taxis U.K.

Prospective

32 Taxi accessibility regulations. U.K.

(1) The Secretary of State may make regulations (“taxi accessibility regulations”) for the purpose of securing that it is possible—

(a) for disabled persons—

(i) to get into and out of taxis in safety;

(ii) to be carried in taxis in safety and in reasonable comfort; and

(b) for disabled persons in wheelchairs—

(i) to be conveyed in safety into and out of taxis while remaining in their wheelchairs; and

(ii) to be carried in taxis in safety and in reasonable comfort while remaining in their wheelchairs.

(2) Taxi accessibility regulations may, in particular—

(a) require any regulated taxi to conform with provisions of the regulations as to—

(i) the size of any door opening which is for the use of passengers;

(ii) the floor area of the passenger compartment;

(iii) the amount of headroom in the passenger compartment;

(iv) the fitting of restraining devices designed to ensure the stability of a wheelchair while the taxi is moving;

(b) require the driver of any regulated taxi which is plying for hire, or which has been hired, to comply with provisions of the regulations as to the carrying of ramps or other devices designed to facilitate the loading and unloading of wheelchairs;

(c) require the driver of any regulated taxi in which a disabled person who is in a wheelchair is being carried (while remaining in his wheelchair) to comply with provisions of the regulations as to the position in which the wheelchair is to be secured.

(3) The driver of a regulated taxi which is plying for hire, or which has been hired, is guilty of an offence if—

(a) he fails to comply with any requirement imposed on him by the regulations; or

(b) the taxi fails to conform with any provision of the regulations with which it is required to conform.

(4) A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5) In this section—

• “passenger compartment” has such meaning as may be prescribed;

• “regulated taxi” means any taxi to which the regulations are expressed to apply;

• (a)

  (b)

• [F256 “taxi” means a taxi within the meaning of the Taxis Act (Northern Ireland) 2008 which is licensed under section 13 of that Act for use in standing or plying for hire or reward or to carry passengers for hire or reward.]

Extent Information

E44 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Textual Amendments

F256 S. 32(5): definition of "taxi" (as modified for N.I. by Sch. 8 para. 16(2) of this Act) substituted (N.I.) (prosp.) by Taxis Act (Northern Ireland) (2008 c. 4 (N.I)), ss. 58(1), 59, Sch. 2 para. 3

Marginal Citations

M5 1847 c.89.

M6 1869 c.115.

Prospective

33 Designated transport facilities. U.K.

(1) In this section “a franchise agreement” means a contract entered into by the operator of a designated transport facility for the provision by the other party to the contract of hire car services—

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

(b) which involve vehicles entering any part of that facility.

(2) The [F257 appropriate national authority] may by regulations provide for the application of any taxi provision in relation to—

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

(b) the drivers of such vehicles.

(3) Any regulations under subsection (2) may apply any taxi provision with such modifications as the [F258 authority making the regulations] considers appropriate.

(4) In this section—

• [F259 appropriate national authority means—

  (a)

  in relation to transport facilities in England and Wales, the Secretary of State, and

  (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 [F257 appropriate national authority];

• “hire car” has such meaning as may be [F260 specified 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—

  (a)

  this Act, or

  (b)

  regulations made in pursuance of section 20(2A) of the M7 Civic 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.

[F261 (5) 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.]

Extent Information

E45 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Textual Amendments

F257 Words in s. 33(2)(4) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 26(2); S.I. 2005/2774, art. 3(j)

F258 Words in s. 33(3) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 26(3); S.I. 2005/2774, art. 3(j)

F259 S. 33(4): definition of "appropriate national authority" inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 26(4); S.I. 2005/2774, art. 3(j)

F260 S. 33(4): words in definition of "prescribed" substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 26(5); S.I. 2005/2774, art. 3(j)

F261 S. 33(5) inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 26(6); S.I. 2005/2774, art. 3(j)

Modifications etc. (not altering text)

C50 S. 33: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Marginal Citations

M7 1982 c.45.

Prospective

34 New licences conditional on compliance with taxi accessibility regulations. U.K.

(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.

Extent Information

E46 In its application to Northern Ireland, this section has effect as substituted by Sch. 8 para. 18; see s. 70(6)

Prospective

35 Exemption from taxi accessibility regulations. U.K.

(1) The Secretary of State may make regulations (“exemption regulations”) for the purpose of enabling any relevant licensing authority to apply to him for an order (an “exemption order”) exempting the authority from the requirements of section 34.

(2) Exemption regulations may, in particular, make provision requiring a licensing authority proposing to apply for an exemption order—

(a) to carry out such consultations as may be prescribed;

(b) to publish the proposal in the prescribed manner;

(c) to consider any representations made to it about the proposal, before applying for the order;

(d) to make its application in the prescribed form.

(3) A licensing authority may apply for an exemption order only if it is satisfied—

(a) that, having regard to the circumstances prevailing in its area, it would be inappropriate for the requirements of section 34 to apply; and

(b) that the application of section 34 would result in an unacceptable reduction in the number of taxis in its area.

(4) After considering any application for an exemption order and consulting the Disabled Persons Transport Advisory Committee and such other persons as he considers appropriate, the Secretary of State may—

(a) make an exemption order in the terms of the application;

(b) make an exemption order in such other terms as he considers appropriate; or

(c) refuse to make an exemption order.

(5) The Secretary of State may by regulations (“swivel seat regulations”) make provision requiring any exempt taxi plying for hire in an area in respect of which an exemption order is in force to conform with provisions of the regulations as to the fitting and use of swivel seats.

(6) The Secretary of State may by regulations make provision with respect to swivel seat regulations similar to that made by section 34 with respect to taxi accessibility regulations.

(7) In this section—

• “exempt taxi” means a taxi in relation to which section 34(1) would apply if the exemption order were not in force;

• “relevant licensing authority” means a licensing authority responsible for licensing taxis in any area of England and Wales other than the area to which the M8 Metropolitan Public Carriage Act 1869 applies; and

• “swivel seats” has such meaning as may be prescribed.

Extent Information

E47 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Marginal Citations

M8 1869 c.115.

Prospective

36 Carrying of passengers in wheelchairs. U.K.

(1) This section imposes duties on the driver of a regulated taxi which has been hired—

(a) by or for a disabled person who is in a wheelchair; or

(b) by a person who wishes such a disabled person to accompany him in the taxi.

(2) In this section—

• “carry” means carry in the taxi concerned; and

• “the passenger” means the disabled person concerned.

(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 taxi;

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

(iii) to load the passenger’s luggage into or out of the taxi;

(iv) if the passenger does not wish to remain in his wheelchair, to load the wheelchair into or out of the taxi.

(4) Nothing in this section is to be taken to require the driver of any taxi—

(a) except in the case of a taxi 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 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 the taxi conformed with those provisions of the taxi accessibility regulations with which it was required to conform, it would not have been possible for the wheelchair in question to be carried in safety in the taxi.

(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 driver of a regulated taxi is exempt from the duties imposed by this section if—

(a) a certificate of exemption issued to him under this section is in force; and

(b) the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner.

Extent Information

E48 Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modification for Northern Ireland set out in Sch. 8 para. 20; see s. 70(6).

Valid from 27/01/2009

[F262 36A List of wheelchair-accessible vehicles providing local services E+W+S

(1) A licensing authority may maintain a list of vehicles falling within subsection (2).

(2) A vehicle falls within this subsection if—

(a) it is either a taxi or a private hire vehicle,

(b) it is being used or is to be used by the holder of a special licence under that licence, and

(c) it conforms to such accessibility requirements as the licensing authority thinks fit.

(3) “Accessibility requirements” are any requirements for the purpose of securing that it is possible for disabled persons in wheelchairs—

(a) to get into and out of vehicles in safety, or to be conveyed in safety into and out of vehicles while remaining in their wheelchairs; and

(b) to be carried in vehicles in safety and reasonable comfort (whether or not they wish to remain in their wheelchairs).

(4) The Secretary of State may issue guidance to licensing authorities as to—

(a) the accessibility requirements which they should apply for the purposes of this section;

(b) any other aspect of their functions under or by virtue of this section.

(5) A licensing authority which maintains a list under subsection (1) must have regard to any guidance issued under subsection (4).

(6) In this section—

• “licensing authority”, in relation to any area, means the authority responsible for licensing taxis or, as the case may be, private hire vehicles in that area;

• “private hire vehicle” means—

  (a)

  a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;

  (b)

  a vehicle licensed under section 7 of the Private Hire Vehicles (London) Act 1998;

  (c)

  a vehicle licensed under an equivalent provision of a local enactment;

  (d)

  a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982;

• “special licence” has the meaning given by section 12 of the Transport Act 1985 (use of taxis in providing local services);

• “taxi” includes a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982.]

Textual Amendments

F262 S. 36A inserted (E.W.S.) (27.1.2009) by Local Transport Act 2008 (c. 26), ss. 56(2)(9), 134(2)

Modifications etc. (not altering text)

C51 S. 36A modified (27.11.2009) by The Local Services (Operation by Licensed Hire Cars) Regulations 2009 (S.I. 2009/2863), regs. {3}, {4 Table}

37 Carrying of guide dogs and hearing dogs. U.K.

(1) This section imposes duties on the driver of a taxi which has been hired—

(a) by or for a disabled person who is accompanied by his guide dog or hearing dog, or

(b) by a person who wishes such a disabled person to accompany him in the taxi.

(2) The disabled person is referred to in this section as “the passenger”.

(3) The duties are—

(a) to carry the passenger’s dog and allow it to remain with the passenger; and

(b) not to make any additional charge for doing so.

(4) A driver of a taxi 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.

(5) If the licensing authority is satisfied that it is appropriate on medical grounds to exempt a person from the duties imposed by this section, it shall issue him with a certificate of exemption.

(6) In determining whether to issue a certificate of exemption, the licensing authority shall, in particular, have regard to the physical characteristics of the taxi which the applicant drives or those of any kind of taxi in relation to which he requires the certificate.

(7) A certificate of exemption shall be issued—

(a) with respect to a specified taxi or a specified kind of taxi; and

(b) for such period as may be specified in the certificate.

(8) The driver of a taxi is exempt from the duties imposed by this section if—

(a) a certificate of exemption issued to him under this section is in force with respect to the taxi; and

(b) the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner.

(9) The Secretary of State may, for the purposes of this section, prescribe any other category of dog trained to assist a disabled person who has a disability of a prescribed kind.

(10) This section applies in relation to any such prescribed category of dog as it applies in relation to guide dogs.

(11) In this section—

• “guide dog” means a dog which has been trained to guide a blind person; and

• “hearing dog” means a dog which has been trained to assist a deaf person.

Extent Information

E49 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8 para. 21; see s. 70(6)

Commencement Information

I14 S. 37 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 37 in force for E.W. at 1.12.2000 for specified purposes and at 31.3.2001 for all other purposes by S.I. 2000/2989, art. 2(a)(b); s. 37 in force for N.I. at 1.6.2001 for specified purposes and at 1.8.2001 for all other purposes by S.R. 2001/163, art. 2(1)

[F263 37A Carrying of assistance dogs in private hire vehicles U.K.

(1) It is an offence for the operator of a private hire vehicle to fail or refuse to accept a booking for a private hire vehicle—

(a) if the booking is requested by or on behalf of a disabled person, or a person who wishes a disabled person to accompany him; and

(b) the reason for the failure or refusal is that the disabled person will be accompanied by his assistance dog.

(2) It is an offence for the operator of a private hire vehicle to make an additional charge for carrying an assistance dog which is accompanying a disabled person.

(3) It is an offence for the driver of a private hire vehicle to fail or refuse to carry out a booking accepted by the operator of the vehicle—

(a) if the booking was made by or on behalf of a disabled person, or a person who wishes a disabled person to accompany him; and

(b) the reason for the failure or refusal is that the disabled person is accompanied by his assistance dog.

(4) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) If the licensing authority is satisfied that it is appropriate on medical grounds to issue a certificate of exemption to a driver in respect of subsection (3) it must do so.

(6) In determining whether to issue a certificate of exemption, the licensing authority shall, in particular, have regard to the physical characteristics of the private hire vehicle which the applicant drives or those of any kind of private hire vehicle in relation to which he requires the certificate.

(7) A certificate of exemption shall be issued—

(a) with respect to a specified private hire vehicle or a specified kind of private hire vehicle; and

(b) for such period as may be specified in the certificate.

(8) No offence is committed by a driver under subsection (3) if—

(a) a certificate of exemption issued to him under this section is in force with respect to the private hire vehicle; and

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

(9) In this section—

• “assistance dog” means a dog which—

  (a)

  has been trained to guide a blind person;

  (b)

  has been trained to assist a deaf person;

  (c)

  has been trained by a prescribed charity to assist a disabled person who has a disability which—

  (i)

  consists of epilepsy; or

  (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—

  (a)

  section 13 of the Private Hire Vehicles (London) Act 1998 (c. 34) (“the 1998 Act”);

  (b)

  section 51 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (“the 1976 Act”); or

  (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—

  (a)

  section 3 of the 1998 Act;

  (b)

  section 55 of the 1976 Act; or

  (c)

  an equivalent provision of a local enactment;

• “private hire vehicle” means a vehicle licensed under—

  (a)

  section 6 of the 1998 Act;

  (b)

  section 48 of the 1976 Act; or

  (c)

  an equivalent provision of a local enactment.]

Extent Information

E50 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Textual Amendments

F263 S. 37A inserted (31.12.2003 for certain purposes and otherwise 31.3.2004 as respects private hire vehicles licensed in England and Wales, 1.1.2008 for certain purposes and otherwise 1.6.2008 as respects a private hire vehicle licensed by the Department of the Environment in Northern Ireland) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37), ss. 1(1), 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2

Modifications etc. (not altering text)

C52 S. 37A modified (E.W.S.) (27.11.2009) by The Local Services (Operation by Licensed Hire Cars) Regulations 2009 (S.I. 2009/2863), regs. {3}, {4 Table}

38 Appeal against refusal of exemption certificate. U.K.

(1) Any person who is aggrieved by the refusal of a licensing authority to issue an exemption certificate under [F264 section 36, 37 or 37A] may appeal to [F265 a magistrates'] court before the end of the period of 28 days beginning with the date of the refusal.

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

(3) F266 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E51 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Textual Amendments

F264 Words in s. 38(1) substituted (31.12.2003 for E.W.S for specified purposes, otherwise 31.3.2004 and 1.1.2008 for N.I. for certain purposes, otherwise 1.6.2008 for N.I.) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37), ss. 3, 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2

F265 Words "a magistrates'" in s. 38 substituted for "the appropriate" (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 368(2): S.I. 2005/910, art. 3(y)

F266 S. 38(3) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 368(3), Sch. 10; S.I. 2005/910, art. 3(y)(aa) and repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 c. 9 (N.I.), s. 106(2), Sch. 1 para. 104(1)(b) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

Commencement Information

I15 S. 38 wholly in force at 27.1.2009; s. 38 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 38 in force for E.W. at 1.12.2000 by S.I. 2000/2989, art. 3; s. 38 in force for N.I. at 1.6.2001 by S.R. 2001/163, art. 2(2) and in force for S. (27.1.2009) by virtue of s. 70(2A)(c) of this Act (as inserted (E.W.S.) (26.1.2009) by Local Transport Act 2008 (c. 26), ss. {56(9)}, 134)

39 Requirements as to disabled passengers in Scotland. U.K.

(1) Part II of the M9 Civic 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 M10 Disability 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.”

Extent Information

E52 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I16 S. 39 not in force at Royal Assent, see s. 70(3); s. 39 in force at 5.2.2003 in relation to Scotland by S.I. 2003/215, art. 2

Marginal Citations

M9 1982 c. 45.

M10 1995 c.50.

Public service vehicles U.K.

40 PSV accessibility regulations. U.K.

(1) The Secretary of State may make regulations (“PSV accessibility regulations”) for the purpose of securing that it is possible for disabled persons—

(a) to get on to and off regulated public service vehicles in safety and without unreasonable difficulty (and, in the case of disabled persons in wheelchairs, to do so while remaining in their wheelchairs); and

(b) to be carried in such vehicles in safety and in reasonable comfort.

(2) PSV accessibility regulations may, in particular, make provision as to the construction, use and maintenance of regulated public service vehicles including provision as to—

(a) the fitting of equipment to vehicles;

(b) equipment to be carried by vehicles;

(c) the design of equipment to be fitted to, or carried by, vehicles;

(d) the fitting and use of restraining devices designed to ensure the stability of wheelchairs while vehicles are moving;

(e) the position in which wheelchairs are to be secured while vehicles are moving.

(3) Any person who—

(a) contravenes or fails to comply with any provision of the PSV accessibility regulations,

(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—

  (a)

  adapted to carry more than eight passengers; and

  (b)

  a public service vehicle for the purposes of the M11 Public 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.

Extent Information

E53 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I17 S. 40 fully in force at 21.1.2003; s. 40 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 40 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2; s. 40 in force for N.I. at 21.1.2003 by S.R. 2003/24, art. 2

Marginal Citations

M11 1981 c.14.

41 Accessibility certificates. U.K.

(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 M12 Public Passenger Vehicles Act 1981.

Extent Information

E54 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I18 S. 41 fully in force at 21.1.2003; s. 41 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 41 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2; s. 41 in force for N.I. at 21.1.2003 by S.R. 2003/24, art. 2

Marginal Citations

M12 1981 c.14.

42 Approval certificates. U.K.

(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.

Extent Information

E55 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I19 S. 42 fully in force at 21.1.2003; s. 42 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 42 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2; s. 42 in force for N.I. at 21.1.2003 by S.R. 3003/24, art. 2

43 Special authorisations. U.K.

(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.

Extent Information

E56 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8 para. 27; see s. 70(6)

Commencement Information

I20 S. 43 fully in force at 21.1.2003; s. 43 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 43 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2; s. 43 in force for N.I. at 21.1.2003 by S.R. 3003/24, art. 2

44 Reviews and appeals. U.K.

(1) Subsection (2) applies where—

(a) the Secretary of State refuses an application for the approval of a vehicle under section 42(1); and

(b) before the end of the prescribed period, the applicant asks the Secretary of State to review the decision and pays any fee fixed under section 45.

(2) The Secretary of State shall—

(a) review the decision; and

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

(3) A person applying for an accessibility certificate or an approval certificate may appeal to the Secretary of State against the refusal of a vehicle examiner to issue such a certificate.

(4) An appeal must be made within the prescribed time and in the prescribed manner.

(5) Regulations may make provision as to the procedure to be followed in connection with appeals.

(6) On the determination of an appeal, the Secretary of State may—

(a) confirm, vary or reverse the decision appealed against;

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

Extent Information

E57 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I21 S. 44 fully in force at 21.1.2003; s. 44 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 44 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2; s. 44 in force for N.I. at 21.1.2003 by S.R. 3003/24, art. 2

45 Fees. U.K.

(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 grants of, approval under section 42(1);

(b) applications for, and the issue of, accessibility certificates and approval certificates;

(c) copies of such certificates;

(d) reviews and appeals under section 44.

(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.

Extent Information

E58 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I22 S. 45 fully in force at 21.1.2003; s. 45 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 45 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2; s. 45 in force for N.I. at 21.1.2003 by S.R. 3003/24, art. 2

Rail vehicles U.K.

46 Rail vehicle accessibility regulations. U.K.

(1) The Secretary of State may make regulations (“rail vehicle accessibility regulations”) for the purpose of securing that it is possible—

(a) for disabled persons—

(i) to get on to and off regulated rail vehicles in safety and without unreasonable difficulty;

(ii) to be carried in such vehicles in safety and in reasonable comfort; and

(b) for disabled persons in wheelchairs—

(i) to get on to and off such vehicles in safety and without unreasonable difficulty while remaining in their wheelchairs, and

(ii) to be carried in such vehicles in safety and in reasonable comfort while remaining in their wheelchairs.

(2) Rail vehicle accessibility regulations may, in particular, make provision as to the construction, use and maintenance of regulated rail vehicles including provision as to—

(a) the fitting of equipment to vehicles;

(b) equipment to be carried by vehicles;

(c) the design of equipment to be fitted to, or carried by, vehicles;

(d) the use of equipment fitted to, or carried by, vehicles;

(e) the toilet facilities to be provided in vehicles;

(f) the location and floor area of the wheelchair accommodation to be provided in vehicles;

(g) assistance to be given to disabled persons.

(3) If a regulated rail vehicle which does not conform with any provision of the rail vehicle accessibility regulations with which it is required to conform is used for carriage, the operator of the 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) Different provision may be made in rail vehicle accessibility regulations—

(a) as respects different classes or descriptions of rail vehicle;

(b) as respects the same class or description of rail vehicle in different circumstances;

(c) 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—

  (a)

  constructed or adapted to carry passengers on any railway, tramway or prescribed system; and

  (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 M13 Transport and Works Act 1992); and

• “railway” and “tramway” have the same meaning as in that Act.

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

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

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

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

Extent Information

E59 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Modifications etc. (not altering text)

C53 S. 46: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 6(d), Sch. 4 Pt. IV

Marginal Citations

M13 1992 c.42.

47 Exemption from rail vehicle accessibility regulations. E+W+S

[F267 (1) The Secretary of State may by order (an “exemption order”)—

(a) authorise the use for carriage of a regulated rail vehicle even though the vehicle does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform;

(b) authorise a regulated rail vehicle to be used for carriage otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which use of the vehicle is required to conform.

(1A) Authority under subsection (1)(a) or (b) may be for—

(a) any regulated rail vehicle that is specified or is of a specified description; or

(b) use in specified circumstances of—

(i) any regulated rail vehicle, or

(ii) any regulated rail vehicle that is specified or is of a specified description.]

(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) After considering any application for an exemption order and consulting the Disabled Persons Transport Advisory Committee and such other persons as he considers appropriate, the Secretary of State may—

(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.

Extent Information

E60 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F267 S. 47(1)(1A) substituted (E.W.S.) (5.12.2005) for s. 47(1) by Disability Discrimination Act 2005 (c. 13), ss. 6(3), 20(3)-(6); S.I. 2005/2774, art. 3(d)

Modifications etc. (not altering text)

C54 S. 47: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 6(d), Sch. 4 Pt. IV

47 Exemption from rail vehicle accessibility regulations. N.I.

(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) After considering any application for an exemption order and consulting the Disabled Persons Transport Advisory Committee and such other persons as he considers appropriate, the Secretary of State may—

(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.

Extent Information

E115 This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section also has effect subject to the modifications set out in Sch. 8; see s. 70(6). A separate version has been created for England and Wales and Scotland only

Modifications etc. (not altering text)

C54 S. 47: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 6(d), Sch. 4 Pt. IV

Prospective

47A Rail vehicle accessibility compliance certificates E+W+S

(1) A regulated rail vehicle to which this subsection applies shall not be used for carriage unless a rail vehicle accessibility compliance certificate is in force for the vehicle.

(2) Subsection (1) applies to a regulated rail vehicle if the vehicle—

(a) is prescribed; or

(b) is of a prescribed class or description.

(3) A rail vehicle accessibility compliance certificate is a certificate that the Secretary of State is satisfied that the regulated rail vehicle conforms with those provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

(4) A rail vehicle accessibility compliance certificate may provide that it is subject to conditions specified in the certificate.

(5) Subsection (6) applies where—

(a) the Secretary of State refuses an application for the issue of a rail vehicle accessibility compliance certificate for a regulated rail vehicle; and

(b) before the end of the prescribed period, the applicant asks the Secretary of State to review the decision and pays any fee fixed under section 47C.

(6) The Secretary of State shall—

(a) review the decision; and

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

Prospective

47B Rail vehicle accessibility compliance certificates: supplementary E+W+S

(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).

Prospective

47C Rail vehicle accessibility compliance certificates: fees E+W+S

(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.

Prospective

47D Penalty for using rail vehicle without accessibility compliance certificate E+W+S

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.

Prospective

47E Penalty for using rail vehicle that does not conform with accessibility regulations E+W+S

(1) Where it appears to the Secretary of State that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—

(a) identifying the vehicle, the provision and how the vehicle fails to conform with the provision; and

(b) specifying the improvement deadline.

(2) The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(3) Subsection (4) applies where—

(a) the Secretary of State has given a notice under subsection (1);

(b) the improvement deadline specified in the notice has passed; and

(c) it appears to the Secretary of State that the vehicle still does not conform with the provision identified in the notice.

(4) The Secretary of State may give to the operator a further notice—

(a) identifying the vehicle, the provision and how the vehicle fails to conform to the provision; and

(b) specifying the final deadline.

(5) The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(6) If—

(a) the Secretary of State has given a notice under subsection (4) to the operator of a regulated rail vehicle, and

(b) the vehicle is used for carriage at a time after the final deadline when the vehicle does not conform with the provision identified in the notice,

the Secretary of State may require the operator to pay a penalty.

Prospective

47F Penalty for using rail vehicle otherwise than in conformity with accessibility regulations E+W+S

(1) Where it appears to the Secretary of State that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which use of the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—

(a) identifying the provision and how it was breached;

(b) identifying which of the regulated rail vehicles operated by the operator is or are covered by the notice; and

(c) specifying the improvement deadline.

(2) The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(3) Subsection (4) applies where—

(a) the Secretary of State has given a notice under subsection (1);

(b) the improvement deadline specified in the notice has passed; and

(c) it appears to the Secretary of State that a vehicle covered by the notice has after that deadline been used for carriage otherwise than in conformity with the provision identified in the notice.

(4) The Secretary of State may give to the operator a further notice—

(a) identifying the provision and how it was breached;

(b) identifying which of the regulated rail vehicles covered by the notice under subsection (1) is or are covered by the further notice; and

(c) specifying the final deadline.

(5) The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(6) If—

(a) the Secretary of State has given a notice under subsection (4), and

(b) a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice,

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.

Prospective

47G Sections 47E and 47F: inspection of rail vehicles E+W+S

(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) may inspect the vehicle concerned for conformity with the provision specified in the notice;

(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.

(3) A person exercising power under subsection (1) or (2) shall, if required to do so, produce evidence of his authority to exercise the power.

(4) Where a person obstructs the exercise of power under subsection (1), the Secretary of State may, for purposes of section 47E(1) or 47F(1), draw such inferences from the obstruction as appear proper.

(5) Where—

(a) a person obstructs the exercise of power under subsection (2), and

(b) the obstruction occurs before a notice under section 47E(4) is given in respect of the vehicle concerned,

the Secretary of State may treat section 47E(3)(c) as satisfied in the case concerned.

(6) Where a person obstructs the exercise of power under subsection (2) and the obstruction occurs—

(a) after a notice under section 47E(4) has been given in respect of the vehicle concerned, and

(b) as a result of the operator, or a person who acts on his behalf, behaving in a particular way with the intention of obstructing the exercise of the power,

the Secretary of State may require the operator of the vehicle to pay a penalty.

(7) In this section “inspect” includes test.

Prospective

47H Sections 47E and 47F: supplementary powers E+W+S

(1) For the purposes of section 47E, the Secretary of State may give notice to a person requiring the person to supply the Secretary of State, by a time specified in the notice, with a vehicle number or other identifier for a rail vehicle—

(a) of which that person is the operator; and

(b) which is described in the notice.

(2) The time specified in a notice given to a person under subsection (1) may not be earlier than the end of 14 days beginning with the day when the notice is given to the person.

(3) If a person to whom a notice is given under subsection (1) does not comply with the notice by the time specified in the notice, the Secretary of State may require the person to pay a penalty.

(4) Where the Secretary of State has given a notice to a person under section 47E(1) or (4) or 47F(1) or (4), the Secretary of State may request that person to supply the Secretary of State, by a time specified in the request, with a statement detailing the steps taken in response to the notice.

(5) The time specified in a request under subsection (4) must—

(a) if the request relates to a notice under section 47E(1) or 47F(1), be no earlier than the improvement deadline; and

(b) if the request relates to a notice under section 47E(4) or 47F(4), be no earlier than the final deadline.

(6) Where a request under subsection (4)—

(a) relates to a notice under section 47E(1) or 47F(1), and

(b) is not complied with by the time specified in the request,

the Secretary of State may treat section 47E(3)(c) or (as the case may be) section 47F(3)(c) as being satisfied in the case concerned.

Prospective

47J Penalties under sections 47D to 47H: amount, due date and recovery E+W+S

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

(2) The amount of a penalty—

(a) must not exceed the maximum prescribed for the purposes of this subsection; and

(b) must not exceed 10 per cent of the turnover of the person on whom it is imposed.

(3) For the purposes of subsection (2)(b), a person’s turnover shall be determined in accordance with regulations.

(4) A penalty must be paid to the Secretary of State before the end of the prescribed period.

(5) Any sum payable to the Secretary of State as a penalty may be recovered by the Secretary of State as a debt due to him.

(6) In proceedings under subsection (5) for enforcement of a penalty, no question may be raised as to—

(a) liability to the imposition of the penalty; or

(b) its amount.

(7) Any sum paid to the Secretary of State as a penalty shall be paid by him into the Consolidated Fund.

(8) The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty.

(9) The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.

(10) Before issuing the first or a revised version of the code, the Secretary of State shall lay a draft of that version before Parliament.

(11) After laying the draft of a version of the code before Parliament, the Secretary of State may bring that version of the code into operation by order.

(12) The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—

(a) when imposing a penalty; and

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

Prospective

47K Penalties under sections 47D to 47H: procedure E+W+S

(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) the amount of the penalty is too high,

the person may give a notice of objection to the Secretary of State.

(5) A notice of objection must—

(a) be in writing;

(b) give the objector’s reasons; and

(c) be given before the end of the prescribed period.

(6) Where the Secretary of State receives a notice of objection to a penalty in accordance with this section, he shall consider it and—

(a) cancel the penalty;

(b) reduce the penalty; or

(c) determine to do neither of those things.

(7) Where the Secretary of State considers under subsection (6) a notice of objection under subsection (4), he shall—

(a) inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector; and

(b) if he reduces the penalty, notify the objector of the reduced amount.

Prospective

47L Penalties under sections 47D to 47H: appeals E+W+S

(1) A person may appeal to the court against a penalty imposed on him under any of sections 47D to 47H on the ground that—

(a) he is not liable to the imposition of a penalty; or

(b) the amount of the penalty is too high.

(2) On an appeal under this section, the court may—

(a) allow the appeal and cancel the penalty;

(b) allow the appeal and reduce the penalty; or

(c) dismiss the appeal.

(3) An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty, and shall be determined having regard to—

(a) any code of practice under section 47J which has effect at the time of the appeal; and

(b) any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

(4) An appeal may be brought by a person under this section against a penalty whether or not—

(a) he has given notice of objection under section 47K(4); or

(b) the penalty has been reduced under section 47K(6).

(5) A reference in this section to “the court” is a reference—

(a) in England and Wales, to a county court; and

(b) in Scotland, to the sheriff.

(6) The sheriff may transfer proceedings under this section to the Court of Session.

(7) 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.

Prospective

47M Sections 46 to 47H: interpretation E+W+S

(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 U.K.

48 Offences by bodies corporate etc. U.K.

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

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

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

Extent Information

E61 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I23 S. 48 fully in force at 21.1.2003; s. 48 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 48 in force for certain purposes (E.W.S.) at 13.5.1998 by S.I. 1998/1282, art. 2; s. 48 in force for certain purposes (N.I.) at 13.5.1998 by S.R. 1998/183, art. 2; s. 48 in force (E.W.S.) at 30.8.2000 to the extent not previously in force by S.I. 2000/1969, art. 2; s. 48 in force (N.I.) at 21.1.2003 to the extent not previously in force by S.R. 2003/24, art. 2

49 Forgery and false statements. U.K.

(1) In this section “relevant document” means—

(a) a certificate of exemption issued under section [F268 section 36, 37 or 37A];

(b) a notice of a kind mentioned in [F269 section 36(9)(b), 37(8)(b) or 37A(8)(b)];

(c) an accessibility certificate; or

(d) an approval certificate.

(2) A person is guilty of an offence if, with intent to deceive, he—

(a) forges, alters or uses a relevant document;

(b) lends a relevant document to any other person;

(c) allows a relevant document to be used by any other person; or

(d) makes or has in his possession any document which closely resembles a relevant document.

(3) A person who is guilty of an offence under subsection (2) is liable—

(a) 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.

Textual Amendments

F268 Words in s. 49(1)(a) substituted (31.12.2003 for certain purposes and otherwise 31.3.2004 as respects private hire vehicles licensed in England and Wales, 1.1.2008 for certain purposes and otherwise 1.6.2008 as respects a private hire vehicle licensed by the Department of the Environment in Northern Ireland) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37), ss. 4(2), 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2

F269 Words in s. 49(1)(b) substituted (31.12.2003 for certain purposes and otherwise 31.3.2004 as respects private hire vehicles licensed in England and Wales, 1.1.2008 for certain purposes and otherwise 1.6.2008 as respects a private hire vehicle licensed by the Department of the Environment in Northern Ireland) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37),, ss. 4(3), 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2

Commencement Information

I24 S. 49 not in force at Royal Assent see s. 70(2)(3); s. 49 in force for E.W.S. for certain purposes at 6.4.2005 by S.I. 2005/1122, art. 2; s. 49 in force for N.I. for certain purposes at 3.6.2008 by S.R. 2008/236, art. 2

[F270 Part 5A U.K. Public authorities

Textual Amendments

F270 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)

[F270 49A General duty E+W+S

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

(a) the need to eliminate [F271 unlawful 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 [F272 provision of the Equality Act 2010 (“the 2010 Act”), so far as relating to disability].]

[F273 (3) 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.]

Textual Amendments

F271 Words in s. 49A(1)(a) substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 16(2)

F272 Words in s. 49A(2) substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 16(3)

F273 S. 49A(3) inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), arts. 1(2), 16(4)

[F440 49A General duty N.I.

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

(a) the need to promote positive attitudes towards disabled persons; and

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

(2) Subsection (1) does not apply to—

(a) the functions of the Director of Public Prosecutions for Northern Ireland relating to the prosecution of offences; or

(b) any act of a description prescribed by regulations.

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

(4) The Commission shall—

(a) keep under review the effectiveness of the duty imposed by this section;

(b) offer advice to public authorities and others in connection with that duty.

(5) Not later than 3 years after the appointed day, the Commission shall prepare and publish a report on the effectiveness of the duty imposed by this section.

(6) In this section—

• “the appointed day” means the day appointed under Article 1(2) of the Disability Discrimination (Northern Ireland) Order 2006 for the coming into operation of Article 5 of that Order;

• “the Commission” means the Equality Commission for Northern Ireland;

• “public authority” has the same meaning as in section 75 of the Northern Ireland Act 1998 (c. 47).]

Textual Amendments

F440 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

[F270 49B Meaning of “public authority” in Part 5A E+W+S

(1) In this Part “public authority”—

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

(b) does not include—

(i) any person mentioned in section 21B(3);

(ii) the Scottish Parliament; F274 . . .

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

[F275 (iv) the National Assembly for Wales; or

(v) 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.]

Textual Amendments

F274 Word in s. 49B(1)(b)(ii) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 57(a)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F275 S. 49B(1)(b)(iv)(v) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 57(b)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

[F440 49B Plan as to duty under section 49A N.I.

(1) A public authority to which this subsection applies shall prepare and submit to the Commission a plan showing how the public authority proposes to fulfil the duty imposed by section 49A in relation to the relevant functions.

(2) Any other public authority shall prepare and submit to the Commission such a plan if requested to do so by the Commission.

(3) A public authority—

(a) may at any time revise its plan and submit the revised plan to the Commission;

(b) shall, if requested to do so by the Commission, revise its plan and submit the revised plan to the Commission.

(4) A plan (or revised plan) shall—

(a) conform to any guidelines as to form or content which are issued by the Commission with the approval of the Office;

(b) specify a timetable for measures proposed in the plan;

(c) include details of how it will be published.

(5) Subsection (1) applies to any public authority except one which is notified in writing by the Commission that that subsection does not apply to it.

(6) If a public authority—

(a) 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.]

Textual Amendments

F440 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

49C Exceptions from section 49A(1) E+W+S

(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 [F276 , 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 [F277 one or more specified paragraphs of section 49A(1)] not to apply to an act of a prescribed description.

Textual Amendments

F276 Words in s. 49C(2) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 58}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F277 Words in s. 49C(4) substituted (18.4.2006) by Equality Act 2006 (c. 3), ss. 88, 93 (with s. 92); S.I. 2006/1082, art. 2(j)

49D Power to impose specific duties E+W+S

(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 [F278 Commission 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 [F279 Welsh 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 [F280 Welsh 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—

  (a)

  a member of the Scottish executive or a junior Scottish Minister;

  (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;

  (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

  (d)

  a public body, public office or holder of a public office—

  (i)

  which (or who) is not a cross-border authority or the Scottish Parliamentary Corporate Body;

  (ii)

  whose functions are exercisable only in or as regards Scotland; and

  (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—

  (a)

  [F281 the National Assembly for Wales Commission;

  (aa)

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

  (b)

  a public authority whose functions are exercisable only in relation to Wales.

Textual Amendments

F278 Words in s. 49D(5) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 48 (with s. 92); S.I. 2007/2603, art. 2(d) (subject to art. 3)

F279 Words in s. 49D(6) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 59(2)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32)

F280 Words in s. 49D(7) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 59(3)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32)

F281 S. 49D(10): words in the definition of "relevant Welsh authority" substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. {59(4)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32)

49E Duties under section 49D: compliance notices E+W+S

F282 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F282 S. 49E repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 49, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(d) (subject to art. 3)

49F Enforcement of compliance notices E+W+S

F283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F283 S. 49F repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 49, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(d) (subject to art. 3)

[F284 Part 5B E+W+S Improvements to dwelling houses

Textual Amendments

F284 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)}

49G Improvements to let dwelling houses E+W

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

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

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

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

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

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

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

(3) Where the tenant applies in writing for the consent—

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

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

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

(5) In any question as to whether—

(a) the consent of the landlord was unreasonably withheld, or

(b) a condition imposed by the landlord is unreasonable,

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

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

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

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

(9) In this section—

• “improvement” means any alteration in or addition to premises and includes—

  (a)

  any addition to or alteration in landlord’s fittings and fixtures,

  (b)

  any addition or alteration connected with the provision of services to the premises,

  (c)

  the erection of a wireless or television aerial, and

  (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.

49H Conciliation of disputes E+W

F285 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F285 S. 49H repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 50, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

[F286 49I Conciliation of disputes: rented housing in Scotland E+W+S

F287 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F286 S. 49I inserted (E.W.S.) (4.12.2006) by Equality Act 2006 (c. 3), ss. 43(1), 93 (with s. 92); S.I. 2006/1082, art. 3

F287 S. 49I repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 51, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

Part VI U.K. The National Disability Council

F288 F289 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F288 S. 50 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

F289 S. 50 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch., Appendix

51 Codes of practice prepared by the Council. E+W+S

F290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F290 S. 51 repealed (E.W.S.) (25.4.2000 in relation to s. 51(1)(2) and otherwise 4.12.2006) by Disability Rights Commission Act 1999 (c. 17), ss. 14(2), 16(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2, Appendix; S.I. 2006/3189, art. 2

Commencement Information

I25 S. 51 wholly in force at 1.1.1996; s. 51 not in force at Royal Assent see. s. 70(3); s. 51 in force (E.W.S.) at 1.1.1996 by S.I.1995/3330, art. 2

[F441 51 Codes of practice prepared by the Council. N.I.

F441 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F441 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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, [F442 or 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 [F443 a Northern Ireland department] under this section and includes a code which has been altered and re-issued.]

Extent Information

E116 This version of this provision extends to Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 34 and any subsequent amendments; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F441 S. 51 repealed (N.I.) (25.4.2000 in relation to s. 51(1)(2) and otherwise prosp.) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch., Appendix

F442 Words in s. 51(4) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 34(3) of this Act

F443 Words in s. 51(6) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 34(4) of this Act

Commencement Information

I39 S. 51 wholly in force at 2.1.1996; s. 51 not in force at Royal Assent see. s. 70(3); s. 51 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

F291 52 Further provision about codes issued under section 51. U.K.

F292 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E62 In its application to Northern Ireland, this section has effect as substituted by Sch. 8 para. 35 of this Act; see s. 70(6)

Textual Amendments

F291 S. 52 (as substituted by Sch. 8 para. 35 of this Act) repealed (N.I.) (25.4.2000 in relation to s. 52(1) (with the exception of para. (b) in the definition of "responsible Department") to (10), otherwise prosp.) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with arts. 11(2)(3), 17); S.R. 2000/140, art. 2, Sch. Appendix

F292 S. 52 repealed (E.W.S.) (25.4.2000 in relation to s. 52(1)-(10)(12), otherwise 4.12.2006) by Disability Rights Commission Act 1999 (c. 17), ss. 14(2), 16(2), Sch. 5 (with ss. 9(2), 15); S.I. 2000/880, art. 2, {Sch. 2 Appendix}; S.I. 2006/3189, art. 2

Commencement Information

I26 S. 52 wholly in force at 2.1.1996; s. 52 not in force at Royal Assent see. s. 70(3); s. 52 in force (E.W.S.) at 1.1.1996 by S.I. 1995/3330, art. 2; s. 52 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

Part VII U.K. Supplemental

53A Codes of practice. E+W+S

F293 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F293 S. 53A repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 52, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2

[F294 54A Codes of practice. N.I.

[F295 (1) 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;

[F296 (ba) 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) encouraging good practice in the way such persons are treated,

in any field of activity regulated by any provision of Part II or III of this Act or Part III of the 2005 Order.

(1B) Neither subsection (1) nor (1A) applies in relation to any duty imposed by or under Article 17 or 18 of the 2005 Order.]

[F297 (1C) The Commission may prepare and issue codes of practice giving practical guidance to persons subject to duties under section 49A on how to perform those duties.]

[F298 (1D) The Commission may prepare and issue codes of practice giving practical guidance to landlords and tenants as to—

(a) circumstances in which a tenant requires the consent of his landlord for making a relevant improvement to a dwelling house;

(b) circumstances in which it is unreasonable to withhold such consent;

(c) the application of the improvement provisions in relation to relevant improvements to dwelling houses.

(1E) In subsection (1D) the improvement provisions are—

(a) Article 42(e) of the Rent (Northern Ireland) Order 1978 (NI 20);

(b) Article 34 of the Housing (Northern Ireland) Order 1983 (NI 15);

(c) Article 49C.]

(2) The Commission shall, when requested to do so by the Office, prepare a code of practice dealing with the matters specified in the request.

(3) In preparing a code of practice the Commission shall carry out such consultations as it considers appropriate (which shall include the publication for public consultation of proposals relating to the code).

(4) The Commission may not issue a code of practice unless—

(a) a draft of it has been submitted to and approved by the Office and laid by the Office before the Assembly; and

(b) the statutory period has elapsed without the Assembly resolving not to approve the draft.

(5) If the Office does not approve a draft code of practice submitted to it the Office shall give the Commission a written statement of its reasons.

(6) A code of practice issued by the Commission—

(a) shall come into effect on such day as the Office may by order appoint;

(b) may be revised in whole or part, and re-issued, by the Commission; and

(c) may be revoked by an order made by the Office at the request of the Commission.

(7) Where the Commission proposes to revise a code of practice—

(a) it shall comply with subsection (3) in relation to the revisions; and

(b) the other provisions of this section apply to the revised code of practice as they apply to a new code of practice.

(8) Failure to observe any provision of a code of practice does not of itself make a person liable to any proceedings, but any provision of a code which appears to a court or tribunal to be relevant to any question arising in any proceedings under Part II or Part III [F299 or Part III of the 2005 Order] shall be taken into account in determining that question.

(9) In this section—

• “code of practice” means a code of practice under this section;

• “the Commission” means the Equality Commission for Northern Ireland;

• F300 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Office” means the Office of the First Minister and deputy First Minister; and

• [F301 “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.

[F302 (10) 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.]]

Subordinate Legislation Made

P1 S. 54A(6)(a): exercise of power - 30.1.2006 appointed by {S.R. 2006/16}, art. 2; {S.R. 2006/17}, art. 2

Textual Amendments

F294 S. 54A inserted at the beginning of Pt. VII (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 11(1) (with arts. 11(2)(3), 17); S.R. 2000/140, art. 2, Sch.

F295 S. 54A(1)-(1B) substituted (6.4.2005) for s. 54A(1) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 41(2) (with art. 47)

F296 S. 54A(1)(ba)(bb) inserted (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 22(2); S.R. 2006/289, art. 2(1)(b)

F297 S. 54A(1C) inserted (3.7.2006) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 22(3)}; S.R. 2006/289, art. 2(1)(b)

F298 S. 54A(1D)(1E) inserted (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 16(2); S.R. 2006/289, art. 2(1)(a)

F299 Words in s. 54A(8) inserted (6.4.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 41(3) (with art. 47)

F300 S. 54A(9): definition of "discrimination" omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 20(b)

F301 S. 54A(9): definition of "relevant improvement" inserted (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 22(5); S.R. 2006/289, art. 2(1)(b)

F302 S. 54A(10)-(12) added (6.4.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 41(4) (with art. 47)

Modifications etc. (not altering text)

C55 S. 54A: power to extend conferred (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 11(2) (with arts. 11(3), 17); S.R. 2000/140, art. 2, Sch.

53 Codes of practice prepared by the Secretary of State. E+W+S

F303 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E63 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F303 S. 53 repealed (E.W.S.) (25.4.2000 in relation to s. 53(1) to (3), (8) and (9) otherwise 4.12.2006) by Disability Rights Commission Act 1999 (c. 17), ss. 14(2), 16(2), Sch. 5 (with ss. 9(2), 15); S.I. 2000/880, art. 2, {Sch. 2 Appendix}; S.I. 2006/3189, art. 2

Commencement Information

I27 S. 53 wholly in force at 6.6.1996; s. 53 not in force at Royal Assent see s. 70(3); s. 53 in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I

[F444 53 Codes of practice prepared by the Secretary of State. N.I.

F444 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F444 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F444 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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, [F445 or 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.

F444 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F444 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E117 This version of this provision extends to Northern Ireland only; it incorporates the N.I. modification set out in Sch. 8 para. 36(3). A separate version has been created for England, Wales and Scotland only.

Textual Amendments

F444 S. 53 repealed (N.I.) (25.4.2000 in relation to s. 53(1)-(3)(8)(9) and otherwise prosp.) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch. Appendix

F445 Words in s. 53(5) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 36 of this Act

Commencement Information

I40 S. 53 wholly in force 11.7.1996; s. 53 not in force at Royal Assent see s. 70(3); s. 53 in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I

[F304 F305 54 Further provision about codes issued under section 53. U.K.

F304 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F304 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F304 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F304 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F304 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F304 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F304 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F304 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F304 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E64 In its application to Northern Ireland, this section has effect as substituted by Sch. 8 para. 37 of this Act; see s. 70(6)

Textual Amendments

F304 S. 54 repealed (E.W.S.) (25.4.2000 in relation to s. 54(1) to (7) and (9) otherwise 4.12.2006) by Disability Rights Commission Act 1999 (c. 17), ss. 14(2), 16(2), Sch. 5 (with ss. 9(2), 15); S.I. 2000/880, art. 2, {Sch. 2 Appendix}; S.I. 2006/3189, art. 2

F305 S. 54 (as substituted by Sch. 8 para. 37 of this Act) repealed (N.I.) (25.4.2000 in relation to s. 54(1)-(7) and (9) (with the exception of the definition of the “Department”) and otherwise prosp.) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17), S.R. 2000/140, art. 2, Sch. Appendix

Commencement Information

I28 S. 54 wholly in force at 11.7.1996; s. 54 not in force at Royal Assent see s. 70(3); s. 54 in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 54 in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I

55 Victimisation. E+W+S

(1) For the purposes of [F306 Part 2 or Part 4, or Part 3 other than sections 24A to 24L,] a person (“A”) discriminates against another person (“B”) if—

(a) he treats B less favourably than he treats or would treat other persons whose circumstances are the same as B’s; and

(b) he does so for a reason mentioned in subsection (2).

(2) The reasons are that—

(a) B has—

(i) brought proceedings against A or any other person under this Act; or

(ii) given evidence or information in connection with such proceedings brought by any person; or

(iii) otherwise done anything under [F307 , or by reference to,] this Act in relation to A or any other person; or

(iv) alleged that A or any other person has (whether or not the allegation so states) contravened this Act; or

(b) A believes or suspects that B has done or intends to do any of those things.

(3) Where B is a disabled person, or a person who has had a disability, the disability in question shall be disregarded in comparing his circumstances with those of any other person for the purposes of subsection (1)(a).

[F308 (3A) For the purposes of Chapter 1 of Part 4—

(a) references in subsection (2) to B include references to—

(i) a person who is, for the purposes of that Chapter, B’s parent; and

(ii) a sibling of B; and

(b) references in that subsection to this Act are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), restricted to that Chapter.]

(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.

[F309 (5) In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, [F310 4G,] 6A, 7A, 7C, 13, 14A, 14C [F311 , 15B] and 16A also apply to discrimination against a person who is not disabled.

(6) F312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E65 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F306 Words in s. 55(1) substituted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 29(2); S.I. 2005/2774, art. 4(f)

F307 Words in s. 55(2)(a)(iii) inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 29(3); S.I. 2005/2774, art. 3(j)

F308 S. 55(3A) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(8) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F309 S. 55(5)(6) added (E.W.S.) (3.7.2003 for specified purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {21}

F310 Word in s. 55(5) inserted (E.W.S) (1.12.2003 for specified purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations (S.I. 2003/2770), {regs. 1(2)(3), 4(3)}

F311 Word in s. 55(5) inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 29(4); S.I. 2005/2774, art. 3(j)

F312 S. 55(6) repealed (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19, 20(3)-(6), Sch. 1 para. 29(5), Sch. 2; S.I. 2005/2774, art. 3(j)(k)(i)

Modifications etc. (not altering text)

C56 S. 55 modified (E.W.) (2.3.1998) by S.I. 1999/218, art. 3, Sch. (with art. 1(2))

S. 55 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

C57 S. 55 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order (S.I. 2003/1964), art. 3, {Sch.}

C58 S. 55 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order (S.I. 2006/1073), art. 3, {Sch.}

55 Victimisation. N.I.

(1)F or the purposes of Part II or Part III, a person (“A”) discriminates against another person (“B”) if—

(a) he treats B less favourably than he treats or would treat other persons whose circumstances are the same as B’s; and

(b) he does so for a reason mentioned in subsection (2).

(2) The reasons are that—

(a) B has—

(i) brought proceedings against A or any other person under this Act [F446 or Part III of the 2005 Order] ; or

(ii) given evidence or information in connection with such proceedings brought by any person; or

(iii) otherwise done anything under this Act [F446 or Part III of the 2005 Order] in relation to A or any other person; or

(iv) alleged that A or any other person has (whether or not the allegation so states) contravened this Act [F446 or Part III of the 2005 Order] ; or

(b) A believes or suspects that B has done or intends to do any of those things.

(3) Where B is a disabled person, or a person who has had a disability, the disability in question shall be disregarded in comparing his circumstances with those of any other person for the purposes of subsection (1)(a).

[F447 (3A) For the purposes of Chapter I of Part III of the 2005 Order—

(a) references in subsection (2) to B include references to—

(i) a person who is, for the purposes of that Chapter, B's parent; and

(ii) a sibling of B; and

(b) references in that subsection to this Act or Part III of the 2005 Order are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), to be read as references to that Chapter.]

(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.

[F448 (5) In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, 4G, 6A, 7A, 13, 14A, 14C and 16A also apply to discrimination against a person who is not disabled.

(6) For the purposes of Part II and, to the extent that it relates to the provision of employment services, Part III, subsection (2)(a)(iii) has effect as if there were inserted after “under” or by reference to.]

Extent Information

E118 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F446 Words in s. 55(2) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 48(7); S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F447 S. 55(3A) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 48(8) (with art. 47); ); S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F448 S. 55(5)(6) inserted (N.I.) (21.2.2004 for specified purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {21}

Modifications etc. (not altering text)

C71 S. 55 modified (E.W.) (2.3.1998) by S.I. 1999/218, art. 3, Sch. (with art. 1(2))

S. 55 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

[F313 56 Help for aggrieved persons in obtaining information etc. E+W+S

(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) subjected to harassment in contravention of Part 2 or section 21A(2),

is referred to as “the person aggrieved”; and

(b) a person against whom the person aggrieved may decide to institute, or has instituted, proceedings in respect of such discrimination or harassment is referred to as “the respondent”.

(2) With a view to helping the person aggrieved decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the Secretary of State shall by order prescribe—

(a) forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and

(b) forms by which the respondent may if he so wishes reply to any questions.

(3) Where the person aggrieved questions the respondent in accordance with forms prescribed by an order under subsection (2)—

(a) the question, and any reply by the respondent (whether in accordance with such an order or not), shall be admissible as evidence in any proceedings under Part 2 or 3;

(b) if it appears to the court or tribunal in any such proceedings—

(i) that the respondent deliberately, and without reasonable excuse, omitted to reply within the period of eight weeks beginning with the day on which the question was served on him, or

(ii) that the respondent’s reply is evasive or equivocal,

it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent 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.]

Extent Information

E66 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F313 S. 56 substituted (E.W.S.) (30.6.2005 and 5.12.2005 for certain purposes, otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 17, 20(3)-(6); S.I. 2005/1676, art. 2(2)(e); S.I. 2005/2774, arts. 3(h),{4(e)}

Commencement Information

I29 S. 56 wholly in force at 11.7.1996; s. 56 not in force at Royal assent see s. 70(3); s. 56 in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I

[F449 56 Help for aggrieved persons in obtaining information etc. N.I.

(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) subjected to harassment in contravention of Part II or section 21A(2),

is referred to as “the person aggrieved”; and

(b) a person against whom the person aggrieved may decide to institute, or has instituted, proceedings in respect of such discrimination or harassment is referred to as “the respondent”.

(2) With a view to helping the person aggrieved decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the Office shall by order prescribe—

(a) forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and

(b) forms by which the respondent may if he so wishes reply to any questions.

(3) Where the person aggrieved questions the respondent in accordance with forms prescribed by an order under subsection (2)—

(a) the question, and any reply by the respondent (whether in accordance with such an order or not), shall be admissible as evidence in any proceedings under Part II or III;

(b) if it appears to the court or tribunal in any such proceedings—

(i) that the respondent deliberately, and without reasonable excuse, omitted to reply within the period of eight weeks beginning with the day on which the question was served on him, or

(ii) that the respondent's reply is evasive or equivocal,

it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent 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) 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) 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.]

Extent Information

E119 This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section also has effect subject to the modifications set out in Sch. 8; see s. 70(6). A separate version has been created for England and Wales and Scotland only

Textual Amendments

F449 S. 56 substituted (N.I.) (3.7.2006 for certain purposes and 31.12.2007 insofar as not already in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 17; S.R. 2006/289, art. 2(2)(d); S.R. 2007/466, art. 2(2)(k)

Commencement Information

I41 S. 56 wholly in force at 11.7.1996; s. 56 not in force at Royal assent see s. 70(3); s. 56 in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I

57 Aiding unlawful acts. U.K.

(1) A person who knowingly aids another person to do an [F314 unlawful 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.

[F315 (6) “Unlawful act” means an act made unlawful by any provision of this Act other than a provision contained in Chapter 1 of Part 4.]

Textual Amendments

F314 S. 57(1): words “unlawful act” substituted for words “act made unlawful by this Act” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(9) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F315 S. 57(6) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(10) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Modifications etc. (not altering text)

C59 S. 57 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (with art. 1(2))

S. 57 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

C60 Ss. 4-6, 11, 12, 16, 55, 57, 58 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.

C61 S. 57 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order (S.I. 2006/1073), art. 3, {Sch.}

58 Liability of employers and principals. U.K.

(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.

Modifications etc. (not altering text)

C62 S. 58 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (with s. 1(2))

S. 58 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

C63 Ss. 4-6, 11, 12, 16, 55, 57, 58 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.

C64 S. 58 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order (S.I. 2006/1073), art. 3, {Sch.}

C65 S. 58 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(3)(4); S.I. 2013/1682, art. 3(k)

59 Statutory authority and national security etc. U.K.

(1) Nothing in this Act makes unlawful any act done—

(a) in pursuance of any enactment; or

[F316 (b) in pursuance of any instrument made under any enactment by—

(i) a Minister of the Crown,

(ii) a member of the Scottish Executive, F317 . . .

(iii) the National Assembly for Wales [F318 constituted 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.]

or

(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, F319 . . .

(iii) imposed by the National Assembly for Wales [F320 constituted by the Government of Wales Act 1998](whether before or after the coming into force of this sub-paragraph) by virtue of any enactment[F321 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.

[F322 (2A) 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.]

[F323 (2A) 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 [F324 any other provision of] this Act makes unlawful any act done for the purpose of safeguarding national security.

Extent Information

E67 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Textual Amendments

F316 S. 59(1)(b)(c) substituted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 30; S.I. 2005/1676, art. 2(1)(c);

F317 Word in s. 59(1)(b)(ii) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 61(2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F318 S. 59(1)(b)(iv) and preceding words inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 61(3), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F319 Word in s. 59(1)(c)(ii) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 61(4), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(4) of the Government of Wales Act 2006.

F320 Words in s. 59(1)(c)(iii) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 61(5), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F321 S. 59(1)(c)(iv) and preceding word inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 61(6)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F322 S. 59(2A) inserted (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), 23(a)

F323 S. 59(2A) inserted (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), 23(a)

F324 Words in s. 59(3) 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), 23(b) and said words inserted (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), 23(b)

Commencement Information

I30 S. 59 wholly in force at 30.5.1996; s. 59 not in force at Royal Assent see. s. 70(3); s. 59 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(f); s. 59 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(f)

[F325 59A National security U.K.

(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.]

Textual Amendments

F325 S. 59A inserted (18.4.2006) by Equality Act 2006 (c. 3), ss. 89, 93, (with s. 92); S.I. 2006/1082, art. 2(j)

Part VIII U.K. Miscellaneous

60 Appointment by Secretary of State of advisers. U.K.

(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 M14 Disabled 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 M15 Disability 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 M16 Chronically 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.”

Extent Information

E68 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Marginal Citations

M14 1944 c.10.

M15 1995 c. 50.

M16 1970 c. 44.

61 Amendment of Disabled Persons (Employment) Act 1944. U.K.

(1) Section 15 of the M17 Disabled 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.

Extent Information

E69 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I31 S. 61 wholly in force at 2.12.1996; s. 61 not in force at Royal Assent see s. 70(3); s. 61 in force at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III (with art. 3)

Marginal Citations

M17 1944 c. 10.

F326 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F326 S. 62 repealed (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 45, 46 Sch. 3 Pt. I (with s. 38) and (N.I.) (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 28, Sch. 3 (with Sch. 2)

63 Restriction of publicity: Employment Appeal Tribunal. U.K.

F327 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E70 In the application of this Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 para. 43

Textual Amendments

F327 S. 63 repealed (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

64 Application to Crown etc. U.K.

[F328 (A1) 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 [F329 , 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) F330 . . . 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.

[F331 (2A) Subsections (1) and (2) have effect subject to section 64A and section 64B.]

[F332 (2A) Subsections [F333 (A1) to](2) have effect subject to section 64A.]

(3) The provisions of Parts II to IV of the 1947 Act apply to proceedings against the Crown under this Act as they apply to Crown proceedings in England and Wales F334 . . . .

(4) The provisions of Part V of the 1947 Act apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which by virtue of that Part are treated as civil proceedings by or against the Crown; but the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) does not apply.

(5) F335 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F335 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F336 . . . Part II does not apply to service in any of the naval, military or air forces of the Crown.

(8) In this section—

• “the 1947 Act” means the M18 Crown Proceedings Act 1947;

• F337 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Crown proceedings” means proceedings which, by virtue of section 23 of the 1947 Act, are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown;

• F338 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F338 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F338 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F339 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “service for purposes of a Minister of the Crown or government department” does not include service in any office for the time being mentioned in Schedule 2 (Ministerial offices) to the M19 House of Commons Disqualification Act 1975;

• “statutory body” means a body set up by or under an enactment;

• “statutory office” means an office so set up; F340 . . .

• [F341 “United Kingdom Atomic Energy Authority Constabulary” means the special constables appointed under section 3 of the M20 Special Constables Act 1923 on the nomination of the United Kingdom Atomic Energy Authority.]

Extent Information

E71 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Textual Amendments

F328 S. 64(A1) inserted (E.W.S.) (5.12.2005 for certain purposes and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 31(2); S.I. 2005/2774, arts. 3(j), 4(f) and said subsection inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 24(2); S.R. 2007/466, art. 2(2)(l)

F329 Words in s. 64(1) inserted (E.W.S.) (5.12.2005 for certain purposes and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 31(3); S.I. 2005/2774, arts. 3(j), 4(f) and same words inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 24(3); S.R. 2007/466, art. 2(2)(l)

F330 Words in s. 64(2) omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(a) and said words omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(a)

F331 S. 64(2A) inserted (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), 24(b)

F332 S. 64(2A) 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), 24(b)

F333 In s. 64(2A) words substituted (E.W.S.) (5.12.2005 for certain purposes and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 31(4); S.I. 2005/2774, arts. 3(j), 4(f)

F334 Words in s. 64(3) repealed (1.10.2005) by The Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005 (S.I. 2005/2712), art. 3, Sch. 2 {para. 3}

F335 S. 64(5)(6) omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004 ) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(c) and said subsections omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(c)

F336 Words in s. 64(7) omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(d) and said words omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(d)

F337 S. 64(8): definition of "British Transport Police" omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e)

S. 64(8): definition of "British Transport Police" ceases to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4 (with s. 72); S.I. 2004/1572, art. 3(jjj)

F338 S. 64(8): definitions of "fire brigade", "Ministry of Defence Police" and "prison officer" omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e) and said definitions omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(e)

F339 S. 64(8): definition of "Royal Parks Constabulary" omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e)

F340 S. 64(8): definition of "United Kingdom Atomic Energy Authority Constabulary" (and the preceding word "and") omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e) and said word "and" omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(e)

F341 S. 64(8): definition of "United Kingdom Atomic Energy Authority Constabulary" (and the preceding word "and") omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e) and said word "and" omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(e)

Marginal Citations

M18 1947 c. 44.

M19 1975 c. 24.

M20 1923 c. 11.

[F342 64A Police E+W+S

 

(1) For the purposes of Part 2, the holding of the office of constable shall be treated as employment—

(a) by the chief officer of police as respects any act done by him in relation to a constable or that office;

(b) by the police authority as respects any act done by them in relation to a constable or that office.

(2) For the purposes of section 58—

(a) the holding of the office of constable shall be treated as employment by the chief officer of police (and as not being employment by any other person); and

(b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.

(3) There shall be paid out of the police fund—

(a) any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under Part 2, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b) any sum required by a chief officer of police for the settlement of any claim made against him under Part 2 [F343 or 3] if the settlement is approved by the police authority.

(4) Any proceedings under Part 2 [F344 or 3] which, by virtue of [F345 this section], would lie against a chief officer of police shall be brought against—

(a) the chief officer of police for the time being, or

(b) 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 [F344 or 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”—

  (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 F346 ,

  (b)

  F347 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (c)

  in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967 F348 , means the chief constable of the relevant police force,

  (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”—

  (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,

  (b)

  F349 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (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,

  (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”—

  (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,

  (b)

  F350 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (c)

  in any other case means money provided by the police authority;

• “specified Act” means the Metropolitan Police Act 1829 F351 , the City of London Police Act 1839 F352 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.]

Textual Amendments

F342 S. 64A inserted (E.W.S.) (3.7.2003 for certain purposes, otherwise1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 25

F343 Words in s. 64A(3)-(5) inserted (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 4(2), 20(3)-(6), S.I. 2005/2774, {art. 3(c)}

F344 Words in s. 64A(3)-(5) inserted (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 4(2), 20(3)-(6), S.I. 2005/2774, {art. 3(c)}

F345 Words in s. 64A(4) substituted (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 4(3), 20(3)-(6), S.I. 2005/2774, {art. 3(c)}

F346 1996 c. 16.

F347 S. 64A(7): para. (b) in definition of "chief officer of police" repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178(8), Sch. 4 para. 65, Sch. 17; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F348 1967 c. 77.

F349 S. 64A(7): para. (b) in definition of "police authority" repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178(8), Sch. 4 para. 65, Sch. 17; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F350 S. 64A(7): para. (b) in definition of "police fund" repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178(8), Sch. 4 para. 65, Sch. 17; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F351 1829 c. 44.

F352 1839 c.xciv.

[F353 64A Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve N.I.

(1) For the purposes of Part II, the holding of the office of constable as a police officer shall be treated as employment –

(a) by the Chief Constable as respects any act done by him in relation to that office or a holder of it;

(b) by the Policing Board as respects any act done by it in relation to that office or the holder of it.

(2) For the purposes of section 58 –

(a) the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and

(b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.

(3) There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000 F450 –

(a) any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under Part II, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b) any sum required by the Chief Constable for the settlement of any claim made against him under Part II if the settlement is approved by the Policing Board.

(4) The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay –

(a) any compensation, damages or costs awarded in proceedings under Part II against a police officer;

(b) any costs incurred and not recovered by a police officer 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 if the settlement is approved by the Policing Board.

(5) The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in subsection (4).

(6) This section –

(a) applies in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 F451 or [F452 section 23 or 24 of the Serious Organised Crime and Police Act 2005] as it applies in relation to a police officer;

(b) applies in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998 F453 is under the direction and control of the Police Ombudsman for Northern Ireland as if –

(i) in subsection (1) the reference to the Chief Constable included a reference to the Ombudsman;

(ii) in subsections (2), (4) and (5) the references to the Chief Constable were references to the Ombudsman.]

Textual Amendments

F353 S. 64A, 64B inserted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 25

F450 2000 c. 32

F451 1996 c. 16

F452 Words in s. 64A(6)(a) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178(8), Sch. 4 para. 66; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F453 1998 c. 32

[F353 64B Other police bodies N.I.

(1) For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment –

(a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it;

(b) by the police authority as respects any act done by it in relation to that office or the holder of it;

(2) For the purposes of section 58 –

(a) the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and

(b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.

(3) There shall be paid out of the police fund –

(a) any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under Part II, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b) any sum required by a chief officer of police for the settlement of any claim made against him under Part II if the settlement is approved by the police authority.

(4) 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, damages or costs awarded in proceedings under Part II against a person under the direction and control of the chief officer of police;

(b) any costs 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.

(5) A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in subsection (4).

[F354 (6) Subject to subsection (8), in this section in relation to any body of constables—

(a) “chief officer of police” means the person who has the direction and control of the body;

(b) “police authority” means the authority by which the members of the body are paid; and

(c) “police fund” means money provided by that authority.]

(7) Nothing in subsections (3) to (6) applies in relation to the police.

(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.]

Textual Amendments

F353 S. 64A, 64B inserted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 25

F354 S. 64B(6) substituted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178(8), Sch. 4 para. 67; S.I. 2006/378, art. 4(1) (subject to art. 4(2)-(7))

65 Application to Parliament. U.K.

(1) This Act applies to an act done by or for purposes of the House of Lords or the House of Commons as it applies to an act done by a private person.

(2) For the purposes of the application of Part II in relation to the House of Commons, the Corporate Officer of that House shall be treated as the employer of a person who is (or would be) a relevant member of the House of Commons staff for the purposes of [F355 section 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 [F356 employment tribunal] under [F357 Part 2 or 3] or before any court under Part III.

Extent Information

E72 In the application of this Act to Northern Ireland, this section is omitted: see s. 70(6), Sch. 8 para. 45

Textual Amendments

F355 Words in s. 65(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 6 (with ss. 191-195, 202, Sch. 1 para. 69)

F356 Words in s. 65(5) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F357 Words in s. 65(5) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 32; S.I. 2005/2774, art. 3(j)

66 Government appointments outside Part II. U.K.

F358 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F358 S. 66 omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 26 and said section repealed (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, 26

67 Regulations and orders. E+W+S

(1) Any power under this Act [F359 of the Secretary of State, the Scottish Ministers or the [F360 Welsh Ministers]] to make regulations or orders shall be exercisable by statutory instrument.

(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, supplemental, consequential or transitional provision as appears to the [F359 person 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.

[F361 (3A) 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.]

[F362 (4) 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 [F363 , 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) 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, the Scottish Parliament.

(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) F364 . . . 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).

Extent Information

E73 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 46 and subsequent amendments

Textual Amendments

F359 Words in s. 67 inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 33; S.I. 2005/1676, art. 2(1)(c)

F360 Words in s. 67(1) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 62(2)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F361 S. 67(3A)-(3C) inserted (E.W.S.) (30.6.2005 for certain purposes and 5.12.2005 insofar as not yet in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 33(4); S.I. 2005/1676, art. 2(2)(g); S.I. 2005/2774, art. 3(j)

F362 S. 67(4)-(5A) substituted for (4)(5) (E.W.S.) (30.6.2005 for certain purposes and 5.12.2005 insofar as not yet in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 33(5); S.I. 2005/1676, art. 2(2)(g); S.I. 2005/2774, art. 3(j)

F363 Words in s. 67(4)(f) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 62(3)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F364 Words in s. 67(5)(b) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 53, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2

Modifications etc. (not altering text)

C66 S. 67(2)(3) applied (1.11.1996) by 1996 c. 56, s. 583(2)(5)(b) (with ss. 1(4), 561, 562, Sch. 39)

Commencement Information

I32 S. 67 wholly in force at 30.5.1996; s. 67 not in force at Royal Assent see s. 70(3); s. 67 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(i); s. 67 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(h)

67 Regulations and orders. N.I.

(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.

[F454 (3A) 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).]

[F455 (4) 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), [F456 54A(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).

Extent Information

E120 This version of this provision extends to Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 46 and subsequent amendments; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F454 S. 67(3A)(3B) inserted (N.I) ((3.7.2006 for certain purposes and 31.12.2007 insofar as not already in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 25(2); S.R. 2006/289, art. 2(2)(f); S.R. 2007/466, art. 2(2)(m)

F455 S. 67(4)-(4B) substituted (N.I.) for s. 67(4) (3.7.2006 for certain purposes and 31.12.2007 insofar as not already in force) by virtue of The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 25(3); S.R. 2006/289, art. 2(2)(f); S.R. 2007/466, art. 2(2)(m)

F456 Words in s. 67(5) substituted (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 15 (with art. 17); S.R. 2000/140, art.2, Sch.

Commencement Information

I32 S. 67 wholly in force at 30.5.1996; s. 67 not in force at Royal Assent see s. 70(3); s. 67 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(i); s. 67 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(h)

[F365 67A Exercise of discretion under section 67(5A) E+W+S

(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.]

Textual Amendments

F365 S. 67A inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {6(4)}, 20(3)-(6); S.I. 2005/2774, art. 3(d)

[F366 67B Annual report on rail vehicle exemption orders E+W+S

(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.]

Textual Amendments

F366 S. 67B inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {6(5)}, 20(3)-(6); S.I. 2005/2774, art. 3(d)

68 Interpretation. E+W+S

(1) In this Act—

• “accessibility certificate” means a certificate issued under section 41(1)(a);

• “act” includes a deliberate omission;

• “approval certificate” means a certificate issued under section 42(4);

• F367 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “conciliation officer” means a person designated under section 211 of the M21 Trade Union and Labour Relations (Consolidation) Act 1992;

• [F368 “criminal investigation” has the meaning given in subsection (1A);]

• [F369 “criminal proceedings” includes—

  (a)

  proceedings on dealing summarily with a charge under the Army Act 1955 or the Air Force Act 1955 or on summary trial under the Naval Discipline Act 1957;

  (b)

  proceedings before a summary appeal court constituted under any of those Acts;

  (c)

  proceedings before a court-martial constituted under any of those Acts or a disciplinary court constituted under section 52G of the Naval Discipline Act 1957;

  (d)

  proceedings before the Courts-Martial Appeal Court; and

  (e)

  proceedings before a Standing Civilian Court;]

• “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;

• [F370 “employment at an establishment in Great Britain” is to be construed in accordance with subsections (2) to (4A)]

• [F371 “employment services” has the meaning given in section 21A(1);]

• “enactment” includes subordinate legislation and any Order in Council [F372 , and F373 . . . includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament];

• [F374 “Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain]

• [F375 “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” [F376 , except in section 37A,] means—

  (a)

  in relation to the area to which the M22 Metropolitan 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

  (b)

  in relation to any other area in England and Wales, the authority responsible for licensing taxis in that area;

• “mental impairment” does not have the same meaning as in the M23 Mental Health Act 1983 F377 . . . but the fact that an impairment would be a mental impairment for the purposes of [F378 that Act] does not prevent it from being a mental impairment for the purposes of this Act;

• [F379 “Minister of the Crown” includes the Treasury and the Defence Council]

• “occupational pension scheme” has the same meaning as in the M24 Pension Schemes Act 1993;

• “premises” includes land of any description;

• “prescribed” means prescribed by regulations [F380 , 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);

• [F381 “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 [F382 , except in sections 2(3), 28D, 28L(6), 28Q(7), 33, 49D F383 . . . and 67 (provisions where the meaning of “regulations”is apparent)];

• F367 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F367 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “section 21 duty” means any duty imposed by or under section 21;

• “subordinate legislation” has the same meaning as in section 21 of the M25 Interpretation 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 M26 Road Traffic Act 1988.

[F384 (1A) 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.

(1C) In subsections (1A) and (1B)—

• “offence” includes any offence of a kind triable by court-martial under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, and

• “offender” is to be construed accordingly.]

[F385 (2) Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Great Britain if the employee—

(a) does his work wholly or partly in Great Britain; or

(b) does his work wholly outside Great Britain and subsection (2A) applies.

(2A) This subsection applies if—

(a) the employer has a place of business at an establishment in Great Britain;

(b) the work is for the purposes of the business carried on at the establishment; and

(c) the employee is ordinarily resident in Great Britain—

(i) at the time when he applies for or is offered the employment, or

(ii) at any time during the course of the employment.

(2B) This subsection applies to a ship if—

(a) it is registered at a port of registry in Great Britain; or

(b) it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2C) This subsection applies to an aircraft or hovercraft if—

(a) it is—

(i) registered in the United Kingdom, and

(ii) operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain; or

(b) it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2D) The following are not to be regarded as being employment at an establishment in Great Britain—

(a) employment on board a ship to which subsection (2B) does not apply;

(b) employment on an aircraft or hovercraft to which subsection (2C) does not apply.]

(4) Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in Great Britain.

[F386 (4A) For the purposes of determining if employment concerned with the exploration of the sea bed or sub-soil or the exploitation of their natural resources is outside Great Britain, subsections (2)(a) and (b), (2A) and (2C) of this section each have effect as if “Great Britain” had the same meaning as that given to the last reference to Great Britain in section 10(1) of the Sex Discrimination Act 1975 F387 by section 10(5) of that Act read with the Sex Discrimination and Equal Pay (Offshore Employment) Order 1987 F388 .]

(5) F389 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E74 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F367 S. 68(1): definition of "benefits", "section 6 duty" and "section 15 duty" omitted (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), 27(a)(i)

F368 S. 68(1): definition of "criminal investigation" inserted (E.W.S.) ( 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(2); S.I. 2005/2774, art. 4(f)

F369 S. 68(1): definition of "criminal proceedings" inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(2); S.I. 2005/2774, art. 4(f)

F370 S. 68(1): definition of "employment at an establishment in Great Britain" 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), 27(a)(ii)

F371 S. 68(1): definition of "employment services" inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(2); S.I. 2005/2774, art. 3(j)

F372 S. 68(1): Words in the definition of “enactment” inserted (27.7.2000) by S.I. 2000/2040, arts. 1(1), 2(1), Sch. Pt. I para. 18 (with saving in art. 3)

F373 S. 68(1): words in definition of "enactment" repealed (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(3), Sch. 2; S.I. 2005/2774, art. 3(j)(k)(i)

F374 S. 68(1): definition of "Great Britain" 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), 27(a)(iii)

F375 S. 68(1): definition of "group insurance arrangement" inserted (E.W.S.) (5.12.2005 by Disability Discrimination Act 2005 (c. 13), ss. {11(3)}, 20(3)-(6); S.I. 2005/2774, art. 3

F376 S. 68(1): Words in the definition of "licensing authority" inserted (31.12.2003 for E.W. for specified purposes and 31.3.2004 for E.W.for all other purposes) by 2002 c. 37, ss. 5, 6(2); S.I. 2003/3123, art. 2

F377 S. 68(1): words in definition of "mental impairment" repealed (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(4), Sch. 2; S.I. 2005/2774, art. 3(j)(k)(i)

F378 Words in definition of "mental impairment" substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(4)(b); S.I. 2005/2774, art. 3(j)

F379 S. 68(1): definition of "Minister of the Crown" 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), 27(a)(iv)

F380 S. 68(1): words in definition of "prescribed" inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(1)(5); S.I. 2005/1676, art. 2(1)(c)

F381 S. 68(1): definition of "public investigator functions" inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(2); S.I. 2005/2774, art. 4(f)

F382 S. 68(1): words in definition of "regulations" inserted (E.W.S.) (10.10.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(6); S.I. 2005/2774, art. 2(2)

F383 S. 68(1): words in definition of "regulations" repealed (E.W.S.)(1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 54, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F384 S. 68(1A)-(1C) inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(7); S.I. 2005/2774, art. 4(f)

F385 S. 68(2)-(2D) substituted (E.W.S.) for s. 68(2)(3) (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), 27(b)

F386 S. 68(4A) 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), 27(c)

F387 1975 c. 65. Section 10(1) was amended by the Equal Opportunities (Employment Legislation) (Territorial Limits) Regulations 1999, S.I. 1999/3163, reg. 2(1), (2).

F388 S.I. 1987/930.

F389 S. 68(5) omitted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 27(d)

Commencement Information

I33 S. 68 wholly in force at 2.12.1996; s. 68 not in force at Royal Assent see s. 70(3); s. 68(1) in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(j); s. 68(1) in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(i); s. 68(2)-(5) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III ; s. 68(2)-(5) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

Marginal Citations

M21 1992 c. 52.

M22 1869 c. 115.

M23 1983 c. 20.

M24 1993 c. 48.

M25 1978 c. 30.

M26 1988 c. 52.

68 Interpretation. N.I.

[F457 (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;

• F458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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;

• [F459 “employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (4)]

• “enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954 [F460 , 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;

• [F461 “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;

• “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)

  [F462 in section 17A, regulations made by the Department for Employment and Learning;]

  (b)

  in Part V of this Act, regulations made by the Department of the Environment;

  (c)

  [F463 in any other provision of this Act, regulations made by the Office of the First Minister and deputy First Minister:]

• F458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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;

• [F464 “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.]

[F465 (2) Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Northern Ireland if the employee –

(a) does his work wholly or partly in Northern Ireland; or,

(b) does his work wholly outside Northern Ireland and subsection (2A) applies.

(2A) This subsection applies if –

(a) the employer has a place of business at an establishment in Northern Ireland;

(b) the work is for the purposes of the business carried on at the establishment; and

(c) the employee is ordinarily resident in Northern Ireland –

(i) at the time when he applies for or is offered the employment, or

(ii) at any time during the course of the employment.

(2B) This subsection applies to a ship if –

(a) it is registered at a port of registry in Northern Ireland; or

(b) it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2C) This subsection applies to an aircraft or hovercraft if –

(a) it is –

(i) registered in the United Kingdom, and

(ii) operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland; or

(b) it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2D) The following are not to be regarded as being employment at an establishment in Northern Ireland –

(a) employment on board a ship to which subsection (2B) does not apply;

(b) employment on an aircraft or hovercraft to which subsection (2C) does not apply.]

(4) Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in [F466 Northern Ireland].

(5) F467 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E121 This version of this provision extends to Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 47 and any subsequent amendments; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F457 S. 68(1) substituted (N.I.) by virtue of s. 70(6), Sch. 8 paras. 1, 47(1) of this Act.

F458 S. 68(1): definition of "benefits", "section 6 duty" and "section 15 duty" omitted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(i)

F459 S. 68(1): definition of "employment at an establishment in Northern Ireland" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(ii)

F460 S. 68(1): words in the definition of “enactment” inserted (27.7.2000) by S.I. 2000/2040, arts. 1(1), 2(1), Sch. Pt. I para. 18 (with saving in art. 3)

F461 S. 68(1): definition of "Minister of the Crown" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(iii)

F462 S. 68(1): para. (a) in definition of "regulations" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(iv)(aa)

F463 S. 68(1): para. (c) in definition of "regulations" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(iv)(bb)

F464 S. 68(1): definition of "the 2005 Order" inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 48(11); S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F465 S. 68(2)-(2D) substituted for s. 68(2)(3) (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(b)

F466 Words in s. 68(2) substituted (N.I.) by virtue of s. 70(6), Sch. 8 paras. 1, 47(1) of this Act.

F467 S. 68(5) omitted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(c)

Commencement Information

I42 S. 68 wholly in force at 2.12.1996; s. 68 not in force at Royal Assent see s. 70(3); s. 68(1) in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(j); s. 68(1) in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(i); s. 68(2)-(5) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 68(2)-(5) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

69 Financial provisions. U.K.

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown under this Act;

(b) any increase attributable to this Act in the sums payable out of money so provided under or by virtue of any other enactment.

Commencement Information

I34 S. 69 wholly in force at 30.5.1996; s. 69 not in force at Royal Assent see. s. 70(3); s. 69 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(k); s. 69 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(j)

70 Short title, commencement, extent etc. U.K.

(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.

(3) 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.

[F390 (5A) Sections 7A [F391 7B and 49G] extend to England and Wales only.

(5B) Sections 7C and 7D extend to Scotland only.]

(6) [F392 Subject 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.

[F393 (7) In Part II of Schedule 1 to the M27 House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the M28 Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) in each case insert at the appropriate places—

[F394 “The National Disability Council.”]

“The Northern Ireland Disability Council”]

(8) Consultations which are required by any provision of this Act to be held by the Secretary of State may be held by him before the coming into force of that provision.

Subordinate Legislation Made

P2 S. 70(3) power partly exercised: 1.1.1996 appointed day for specified provisions by S.I. 1995/3330, art. 2

S. 70(3) power partly exercised: 2.1.1996 appointed day for specified provisions by S.R. 1996/1, art. 2

S. 70(3) power partly exercised: 17.5.1996 appointed day for specified provisions by S.I. 1996/1336, art. 3

S. 70(3) power partly exercised: 30.5.1996 appointed day for specified provisions by S.R. 1996/219, art. 3

S. 70(3) power partly exercised: different days appointed for specified provisions by S.I. 1996/1474, art. 2

S. 70(3) power partly exercised: different days appointed for specified provisions by S.R. 1996/280, art. 2

S. 70(3) power partly exercised: 2.12.1996 appointed day for specified provision by S.R. 1996/580, art. 2

S. 70(3) power partly exercised: different dates appointed for specified provisions by S.I. 1999/1190, arts. 2-5

S. 70(3) power partly exercised: different days appointed for specified provisions by S.R. 1999/196, arts. 2-4

S. 70(3) power partly exercised: 13.5.1998 appointed day for specified provisions by S.R. 1998/183, art. 2

S. 70(3) power partly exercised: 30.8.2000 appointed for specified provisions by S.I. 2000/1969, art. 2

S. 70(3) power partly execised: different dates appointed for specified provisions and purposes by S.I. 2000/2989, arts. 2, 3

S. 70(3) power partly exercised: different dates appointed for specified provisions and purposes by S.R. 2001/163, art. 2

S. 70(3) power partly exercised: different dates appointed for specified provisions by S.I. 2001/2030, arts. 2, 3

S. 70(3) power partly exercised: different dates appointed for specified purposes by S.R. 2001/439, art. 2(1)

s. 70(3) power partly exercised: 21.1.2003 appointed day for specified provisions by S.R. 2003/24, art. 2

s. 70(3) power partly exercised: 5.2.2003 appointed day for specified provision by S.I. 2003/215, art. 2

s. 70(3) power partly exercised: 6.4.2005 appointed day for specified provision by S.I. 2005/1122, art. 2

s. 70(3) power partly exercised: 3.6.2008 appointed day for specified provision by S.R. 2008/236, art. 2

Extent Information

E75 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8 para. 48; see s. 70(6)

Textual Amendments

F390 S. 70(5A)(5B) 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), 28(a)

F391 Words in s. 70(5A) substituted (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 55 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F392 Words in s. 70(6) substituted (E.W.S.) for words "This Act extends to Northern Ireland," (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), 28(b)

F393 S. 70(7) repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch. Appendix

F394 Words in s. 70(7) 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

Modifications etc. (not altering text)

C67 S. 70(3) applied (1.11.1996) by 1996 c. 56, s. 583(2)(5)(b) (with ss. 1(4), 561, 562, Sch. 39)

Commencement Information

I35 S. 70 partly in force at Royal Assent see s. 70(2)(3); S. 70(7) in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(l); s. 70(7) in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(k); s. 70(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 70(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 70(5) in force (E.W.S.) for specified purposes at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III (with s. 3); s. 70(5) 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)

Marginal Citations

M27 1975 c. 24.

M28 1975 c. 25.