Part I Disability
I1C11 Meaning of “disability” and “disabled person”.
F11
Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act F2and 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 F2and Part III of the 2005 Order“disabled person” means a person who has a disability.
I2E12 Past disabilities.
F31
2
Those provisions are subject to the modifications made by Schedule 2.
3
Any regulations or order made under this Act F6or 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 F7, III or VA of this Act F8or 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 F8or 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 F9or (as the case may be) the making of the 2005 Order.
I3E23 Guidance.
F10F11A1
The Office may issue guidance about matters to be taken into account in determining whether a person is a disabled person.
1
F12Without 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
F13Without 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
F164
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.
C3Part IIF117THE EMPLOYMENT FIELDF118 AND DISTRICT COUNCILSF119and members of locally-electable authorities
Pt. II heading: words inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 4}; S.R. 2007/466, art. 2(2)(l)
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)}
Pt. II applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(b); S.I. 2013/1682, art. 3(k)
F120Meaning of “discrimination” and “harassment”
Ss. 3A, 3B and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(2)} and said sections and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {4(2)}
3AMeaning of “discrimination”
1
For the purposes of this Part, a person discriminates against a disabled person if—
a
for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply, and
b
he cannot show that the treatment in question is justified.
2
For the purposes of this Part, a person also discriminates against a disabled person if he fails to comply with a duty to make reasonable adjustments imposed on him in relation to the disabled person.
3
Treatment is justified for the purposes of subsection (1)(b) if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.
4
But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within subsection (5).
5
A person directly discriminates against a disabled person if, on the ground of the disabled person’s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person.
6
If, in a case falling within subsection (1), a person is under a duty to make reasonable adjustments in relation to a disabled person but fails to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with that duty.
3BMeaning of “harassment”
1
For the purposes of this Part, a person subjects a disabled person to harassment where, for a reason which relates to the disabled person’s disability, he engages in unwanted conduct which has the purpose or effect of—
a
violating the disabled person’s dignity, or
b
creating an intimidating, hostile, degrading, humiliating or offensive environment for him.
2
Conduct shall be regarded as having the effect referred to in paragraph (a) or (b) of subsection (1) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect.
F24Employment
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
F19E34 Discrimination against applicants and employees.
F201
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.
E44AF25Employers: duty to make adjustments
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E54AF26Employers: duty to make adjustments
1
Where –
a
a provision, criterion or practice applied by or on behalf of an employer, or
b
any physical feature of premises occupied by the employer,
places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
2
In subsection (1), “the disabled person concerned” means –
a
in the case of a provision, criterion or practice for determining to whom employment should be offered, any disabled person who is, or has notified the employer that he may be, an applicant for that employment;
b
in any other case, a disabled person who is –
i
an applicant for the employment concerned, or
ii
an employee of the employer concerned.
3
Nothing in this section imposes any duty on an employer in relation to a disabled person if the employer does not know, and could not reasonably be expected to know –
a
in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the employment; or
b
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
F225 Meaning of “discrimination”
F474. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F236 Duty of employer to make adjustments.
F475. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Exemption for small businesses.
F476. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124F122Contract workers
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)
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)
E64BF121Contract workers
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E74BF28Contract workers
1
It is unlawful for a principal, in relation to contract work, to discriminate against a disabled person who is a contract worker (a “disabled contract worker”) –
a
in the terms on which he allows him to do that work;
b
by not allowing him to do it or continue to do it;
c
in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or
d
by subjecting him to any other detriment.
2
It is also unlawful for a principal, in relation to contract work, to subject a disabled contract worker to harassment.
3
Subsection (1) does not apply to benefits of any description if the principal is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the contract worker in question, unless that provision differs in a material respect from the provision of the benefits by the principal to contract workers.
4
This subsection applies to a disabled contract worker where, by virtue of –
a
a provision, criterion or practice applied by or on behalf of all or most of the principals to whom he is or might be supplied, or
b
a physical feature of premises occupied by such persons,
he is likely, on each occasion when he is supplied to a principal to do contract work, to be placed at a substantial disadvantage in comparison with persons who are not disabled which is the same or similar in each case.
5
Where subsection (4) applies to a disabled contract worker, his employer must take such steps as he would have to take under section 4A if the provision, criterion or practice were applied by him or on his behalf or (as the case may be) if the premises were occupied by him.
6
Section 4A applies to any principal, in relation to contract work, as if he were, or would be, the employer of the disabled contract worker and as if any contract worker supplied to do work for him were an employee of his.
7
However, for the purposes of section 4A as applied by subsection (6), a principal is not required to take a step in relation to a disabled contract worker if under that section the disabled contract worker’s employer is required to take the step in relation to him.
8
This section applies only in relation to contract work done at an establishment in 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.
F124F122Office-holders
E84CF122Office-holders: introductory
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E124CF123Office-holders: introductory
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 F33, 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 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 F34, 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.
E94DF122Office-holders: discrimination and harassment
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E134DOffice-holders: discrimination and harassment
1
It is unlawful for a relevant person, in relation to an appointment to an office or post to which this section applies, to discriminate against a disabled person –
a
in the arrangements which he makes for the purpose of determining who should be offered the appointment;
b
in the terms on which he offers him the appointment; or
c
by refusing to offer him the appointment.
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.
E104EF122Office-holders: duty to make adjustments
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E144EOffice-holders: duty to make adjustments
1
Where –
a
a provision, criterion or practice applied by or on behalf of a relevant person, or
b
any physical feature of premises –
i
under the control of a relevant person, and
ii
at or from which the functions of an office or post to which this section applies are performed,
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).
E114FF122Office-holders: supplementary
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E154FOffice-holders: supplementary
1
In sections 4C to 4E, appointment to an office or post does not include election to an office or post.
2
In sections 4D and 4E, “relevant person” means –
a
in a case relating to an appointment to an office or post, the person with power to make that appointment;
b
in a case relating to the making of a recommendation or the giving of an approval in relation to an appointment, a person or body referred to in section 4C(3)(b) with power to make that recommendation or (as the case may be) to give that approval;
c
in a case relating to a term of an appointment, the person with power to determine that term;
d
in a case relating to a working condition afforded in relation to an appointment –
i
the person with power to determine that working condition; or
ii
where there is no such person, the person with power to make the appointment;
e
in a case relating to the termination of an appointment, the person with power to terminate the appointment;
f
in a case relating to the subjection of a disabled person to any other detriment or to harassment, any person or body falling within one or more of paragraphs (a) to (e) in relation to such cases as are there mentioned.
3
In subsection (2)(d), “working condition” includes –
a
any opportunity for promotion, a transfer, training or receiving any other benefit; and
b
any physical feature of premises at or from which the functions of an office or post are performed.
F124F122Occupational pension schemes
E214GF125Occupational pension schemes: non-discrimination rule
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E164GF124Occupational pension schemes: non-discrimination rule
1
Every occupational pension scheme shall be taken to include a provision (“the non-discrimination rule”) containing the following requirements –
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).
E224HF125 Occupational pension schemes: duty to make adjustments
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E174HOccupational pension schemes: duty to make adjustments
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).
E234IF125 Occupational pension schemes: procedure
F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E184IOccupational pension schemes: procedure
1
Where under section 17A a relevant disabled person presents a complaint to an industrial tribunal that the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part, the employer in relation to that scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.
2
In this section, “employer”, in relation to an occupational pension scheme, has the meaning given by Article 121(1) of the Pensions (Northern Ireland) Order 1995 F35 as at the date of coming into operation of this section.
E244JF125 Occupational pension schemes: remedies
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E194JOccupational pension schemes: remedies
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).
E254KF125 Occupational pension schemes: supplementary
F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E204KOccupational pension schemes: supplementary
1
In their application to communications, sections 4G to 4J apply in relation to a disabled person who is –
a
entitled to the present payment of dependants' or survivors' benefits under an occupational pension scheme; or
b
a pension credit member of such a scheme,
as they apply in relation to a disabled person who is a pensioner member of the scheme.
2
In sections 4G to 4J and in this section –
“active member”, “deferred member”, “managers"“, “pension credit member”, “pensioner member” and “trustees or managers” have the meanings given by Article 121(1) of the Pensions (Northern Ireland) Order 1995 as at the date of coming into operation of this section;
“communications” includes –
- i
the provision of information, and
- ii
the operation of a dispute resolution procedure;
- i
“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.
- i
F127F126Partnerships
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
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}
E266AF126Partnerships: discrimination and harassment
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E296AF127Partnerships: discrimination and harassment
1
It is unlawful for a firm, in relation to a position as partner in the firm, to discriminate against a disabled person –
a
in the arrangements which they make for the purpose of determining who should be offered that position;
b
in the terms on which they offer him that position;
c
by refusing or deliberately omitting to offer him that position; or
d
in a case where the person already holds that position –
i
in the way they afford him access to any benefits or by refusing or deliberately omitting to afford him access to them; or
ii
by expelling him from that position, or subjecting him to any other detriment.
2
It is also unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a disabled person who holds or has applied for that position.
3
Subsection (1) does not apply to benefits of any description if the firm are concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the partner in question, unless that provision differs in a material respect from the provision of the benefits to other partners.
4
The reference in subsection (1)(d)(ii) to the expulsion of a person from a position as partner includes a reference –
a
to the termination of that person’s partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and
b
to the termination of that person’s partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.
E276BF126Partnerships: duty to make adjustments
F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E306BF127Partnerships: duty to make adjustments
1
Where –
a
a provision, criterion or practice applied by or on behalf of a firm, or
b
any physical feature of premises occupied by the firm,
places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the firm to take such steps as it is reasonable, in all the circumstances of the case, for them to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
2
In this section, “the disabled person concerned” means –
a
in the case of a provision, criterion or practice for determining to whom the position of partner should be offered, any disabled person who is, or has notified the firm that he may be, a candidate for that position;
b
in any other case, a disabled person who is –
i
a partner, or
ii
a 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.
E286CF126Partnerships: supplementary
F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E316CF127Partnerships: supplementary
1
Sections 6A(1)(a) to (c) and (2) and section 6B apply in relation to persons proposing to form themselves into a partnership as they apply in relation to a firm.
2
Sections 6A and 6B apply to a limited liability partnership as they apply to a firm; and, in the application of those sections to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.
3
In the case of a limited partnership, references in sections 6A and 6B to a partner shall be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907 F44.
4
In sections 6A and 6B and in this section, “firm” has the meaning given by section 4 of the Partnership Act 1890 F45.
F128Barristers and advocatesF129Barristers
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.
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
E327AF128Barristers: discrimination and harassment
F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E347AF129Barristers: discrimination and harassment
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.
E337BF128Barristers: duty to make adjustments
F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E357BF129Barristers: duty to make adjustments
1
Where –
a
a provision, criterion or practice applied by or on behalf of a barrister, or
b
any physical feature of premises occupied by, and under the control of, a barrister,
places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the barrister to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
2
In this section, “the disabled person concerned” means –
a
in the case of a provision, criterion or practice for determining whom he will take as his pupil, any disabled person who has applied, or has notified the barrister that he may apply, to be taken as a pupil;
b
in any other case, a disabled person who is –
i
an applicant to be taken as the barrister’s pupil, or
ii
a pupil.
3
Nothing in this section imposes any duty on a barrister in relation to a disabled person if he does not know, and could not reasonably be expected to know –
a
in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, applying to be taken as his pupil; or
b
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
7CF128Advocates: discrimination and harassment
F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7DF128Advocates: duty to make adjustments
F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56 Enforcement etc.
Cross-heading "Enforcement etc." preceding s. 8 moved (to follow s. 17) (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 9 and said cross-heading moved (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {9}
F50E36I48 Enforcement, remedies and procedure.
1
A complaint by any person that another person—
a
has discriminated against him in a way which is unlawful under this Part, or
b
is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,
may be presented to an F51employment tribunal.
2
Where an F51employment 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 F51employment 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 F52section 14 of F53the Employment Tribunals Act 1996 (power to make provision as to interest on sums payable in pursuance of F51employment 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.
F477C45E171I358 Enforcement, remedies and procedure.
1
A complaint by any person that another person—
a
has discriminated against him in a way which is unlawful under this Part, or
b
is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,
may be presented to an industrial tribunal.
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.
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 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.
7
Regulations may modify the operation of any order made under paragraph 6A of Schedule 9 to the Employment Protection (consolidation)Act 1978 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).
8
Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
9 Validity of certain agreements.
F478. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 F54 Charities and support for particular groups of persons.
F479. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Advertisements suggesting that employers will discriminate against disabled persons
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Discrimination by other persons
12 Discrimination against contract workers.
F480. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Appeal against refusal of exemption certificate.
F481. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131F130Trade and professional bodies
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
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
E37X113F130Trade organisations: discrimination and harassment
F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E43X313F131Trade organisations: discrimination and harassment
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.
E38X214F130Trade organisations: duty to make adjustments
F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E44X414F131Trade organisations: duty to make adjustments
1
Where –
a
a provision, criterion or practice applied by or on behalf of a trade organisation, or
b
any physical feature of premises occupied by the organisation,
places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the organisation to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
2
In this section “the disabled person concerned” means –
a
in the case of a provision, criterion or practice for determining to whom membership should be offered, any disabled person who is, or has notified the organisation that he may be, an applicant for membership;
b
in any other case, a disabled person who is –
i
a 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).
E3914AF130Qualifications bodies: discrimination and harassment
F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E4514AF131Qualifications bodies: discrimination and harassment
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;
- a
“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 F63 have the same meaning as in that Order.
E4014BF130Qualifications bodies: duty to make adjustments
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E4614BF131Qualifications bodies: duty to make adjustments
1
Where –
a
a provision, criterion or practice, other than a competence standard, applied by or on behalf of a qualifications body; or
b
any physical feature of premises occupied by a qualifications body,
places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the qualifications body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
2
In this section “the disabled person concerned” means –
a
in the case of a provision, criterion or practice for determining on whom a professional or trade qualification is to be conferred, any disabled person who is, or has notified the qualifications body that he may be, an applicant for the conferment of that qualification;
b
in any other case, a disabled person who –
i
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).
F131F130Practical work experience
E4114CF130Practical work experience: discrimination and harassment
F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E4714CF131Practical work experience: discrimination and harassment
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.
F643
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.
E4214DF130Practical work experience: duty to make adjustments
F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E4814DF131Practical work experience: duty to make adjustments
1
Where –
a
a provision, criterion or practice applied by or on behalf of a placement provider, or
b
any physical feature of premises occupied by the placement provider,
places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the placement provider to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
2
In this section, “the disabled person concerned” means –
a
in the case of a provision, criterion or practice for determining to whom a work placement should be offered, any disabled person who is, or has notified the placement provider that he may be, an applicant for that work placement;
b
in any other case, a disabled person who is –
i
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).
F132Relationships between locally-electable authorities and their membersF133Relationships between district councils and their members
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)
Ss. 15A-15C and cross-heading inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1), ss. 1(2), 3; S.R. 2007/466, art. {2(2)(a)}
E4915AF132Interpretation of sections 15B and 15C
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E5215AF133Interpretation of sections 15B and 15C
1
In sections 15B and 15C “council” means a district council.
2
In relation to a member of a council, a reference in those sections to his carrying-out of official business is to his doing of anything—
a
as member of the council;
b
as member of any body to which he is appointed by, or is appointed following nomination by, the council or a group of bodies that includes the council; or
c
as member of any other body if it is a public body.
E5015BF132Authorities and their members: discrimination and harassment
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E5315BF133Councils and their members: discrimination and harassment
1
It is unlawful for a council to discriminate against a disabled person who is a member of the council—
a
in the opportunities which it affords the disabled person to receive training, or any other facility, for his carrying-out of official business;
b
by refusing to afford, or deliberately not affording, the disabled person any such opportunities; or
c
by subjecting the disabled person to any other detriment in connection with his carrying-out of official business.
2
It is unlawful for a council to subject a disabled person who is a member of the council to harassment in connection with his carrying-out of official business.
3
A member of a council is not subjected to a detriment for the purposes of subsection (1)(c) by reason of—
a
his not being appointed or elected to an office of the council;
b
his not being appointed or elected to, or to an office of, a committee or sub-committee of the council; or
c
his not being appointed or nominated in exercise of any power of the council, or of a group of bodies that includes the council, to appoint, or nominate for appointment, to any body.
4
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), a council is under a duty imposed by section 15C in relation to a disabled person but fails to comply with that duty, its treatment of that person cannot be justified under subsection (4) unless it would have been justified even if it had complied with that duty.
E5115CF132Authorities and their members: duty to make adjustments
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E5415CF133Councils and their members: duty to make adjustments
1
Subsection (2) applies where—
a
a provision, criterion or practice applied by or on behalf of a council, or
b
any physical feature of premises occupied by, or under the control of, a council,
places a disabled person who is a member of the council at a substantial disadvantage, in comparison with members of the council who are not disabled persons, in connection with his carrying-out of official business.
2
It is the duty of the council to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
3
Subsection (2) does not impose any duty on a council in relation to a member of the council who is a disabled person if the council does not know, and could not reasonably be expected to know, that the member—
a
has a disability; and
b
is likely to be affected in the way mentioned in subsection (1).
4
Regulations may make provision, for purposes of this section—
a
as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken to have the effect mentioned in subsection (1);
b
as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken not to have the effect mentioned in subsection (1);
c
as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a council to have to take steps of a prescribed description;
d
as to steps which it is always, or as to steps which it is never, reasonable for a council to have to take;
e
as to things which are, or as to things which are not, to be treated as physical features.
F69. . .
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.
F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F135F134Other unlawful acts
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
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)
E5516AF134Relationships which have come to an end
F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E5816AF135Relationships which have come to an end
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 F73, other than sections 15B and 15C; or
b
a relationship between a person providing employment services F74. . . 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.
E5616BF134Discriminatory advertisements
F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E5916BF135Discriminatory advertisements
F751
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 III for an application to be determined in the manner indicated (or understood to be indicated) in the advertisement.
F762A
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.
F772C
Subsection (1) does not apply in relation to an advertisement so far as it invites persons to apply in their capacity as members of a district council, for a relevant appointment or benefit which the council is intending to make or confer.
3
In F78this 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 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 F79. . . .
4
In this section, “advertisement” includes every form of advertisement or notice, whether to the public or not.
E5716CF134Instructions and pressure to discriminate
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E6016CF135Instructions and pressure to discriminate
1
It is unlawful for a person –
a
who has authority over another person, or
b
in accordance with whose wishes that other person is accustomed to act,
to instruct him to do any act which is unlawful under this Part or, to the extent that it relates to the provision of employment services, Part 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.
F80. . .
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.
F482. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F94 Enforcement etc.
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)
F81E61I517A Enforcement, remedies and procedure.
F821
A complaint by any person that another person—
a
has discriminated against him F83, 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 F84done so,
may be presented to an industrial tribunal.
F851A
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.
F863
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.
F877
Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 F88
(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.
17BF96Enforcement of sections F9116B(1) and 16C
F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E6217BF95Enforcement of sections F8916B(1) and 16C
1
Only the Commission may bring proceedings in respect of a contravention of section F8916B(1) (discriminatory advertisements) or section 16C (instructions and pressure to discriminate).
2
The Commission shall bring any such proceedings in accordance with subsection (3) or (4).
3
The Commission may present to an industrial tribunal a complaint that a person has done an act which is unlawful under section F8916B(1) or 16C; and if the tribunal finds that the complaint is well-founded it shall make a declaration to that effect.
4
Where –
a
a tribunal has made a finding pursuant to subsection (3) that a person has done an act which is unlawful under section F8916B(1) or 16C,
b
that finding has become final, and
c
it appears to the Commission that, unless restrained, he is likely to do a further act which is unlawful under F90section 16B(1) or (as the case may be) section 16C,
the Commission may apply to a county court for an injunction restraining him from doing such an act; and the court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or in more limited terms.
5
A finding of a tribunal under subsection (3) in respect of any act shall, if it has become final, be treated as conclusive by a county court upon an application under subsection (4).
6
A finding of a tribunal becomes final for the purposes of this section when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.
7
An industrial tribunal shall not consider a complaint under subsection (3) unless it is presented before the end of the period of six months beginning when the act to which it relates was done; and a county court shall not consider an application under subsection (4) unless it is made before the end of the period of five years so beginning.
8
A court or tribunal may consider any such complaint or application which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
9
The provisions of paragraph 3(3) and (4) of Schedule 3 apply for the purposes of subsection (7) as they apply for the purposes of paragraph 3(1) of that Schedule.
10
In this section “the Commission” means the Equality Commission for Northern Ireland.
E6417CF96Validity of contracts, collective agreements and rules of undertakings
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E6317CF95Validity of contracts, collective agreements and rules of undertakings
Schedule 3A shall have effect.
F136Supplementary and general
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.
F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F98I6C218A Alterations to premises occupied under leases.
F991
This section applies where—
a
F100a 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 F101that 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.
F1022A
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.
E6518BF112Reasonable adjustments: supplementary
1
In determining whether it is reasonable for a person to have to take a particular step in order to comply with a duty to make reasonable adjustments, regard shall be had, in particular, to—
a
the extent to which taking the step would prevent the effect in relation to which the duty is imposed;
b
the extent to which it is practicable for him to take the step;
c
the financial and other costs which would be incurred by him in taking the step and the extent to which taking it would disrupt any of his activities;
d
the extent of his financial and other resources;
e
the availability to him of financial or other assistance with respect to taking the step;
f
the nature of his activities and the size of his undertaking;
g
where the step would be taken in relation to a private household, the extent to which taking it would—
i
disrupt that household, or
ii
disturb any person residing there.
2
The following are examples of steps which a person may need to take in relation to a disabled person in order to comply with a duty to make reasonable adjustments—
a
making adjustments to premises;
b
allocating some of the disabled person’s duties to another person;
c
transferring him to fill an existing vacancy;
d
altering his hours of working or training;
e
assigning him to a different place of work or training;
f
allowing him to be absent during working or training hours for rehabilitation, assessment or treatment;
g
giving, or arranging for, training or mentoring (whether for the disabled person or any other person);
h
acquiring or modifying equipment;
i
modifying instructions or reference manuals;
j
modifying procedures for testing or assessment;
k
providing a reader or interpreter;
l
providing supervision or other support.
3
For the purposes of a duty to make reasonable adjustments, where under any binding obligation a person is required to obtain the consent of another person to any alteration of the premises occupied by him—
a
it is always reasonable for him to have to take steps to obtain that consent; and
b
it is never reasonable for him to have to make that alteration before that consent is obtained.
4
The steps referred to in subsection (3)(a) shall not be taken to include an application to a court or tribunal.
5
In subsection (3), “binding obligation” means a legally binding obligation (not contained in a lease (within the meaning of section 18A(3)) in relation to the premises, whether arising from an agreement or otherwise.
6
A provision of this Part imposing a duty to make reasonable adjustments applies only for the purpose of determining whether a person has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
F104E6618C Charities and support for particular groups of persons.
F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F113E6718CCharities and support for particular groups of persons
1
Nothing in this Part –
a
affects any charitable instrument which provides for conferring benefits on one or more categories of person determined by reference to any physical or mental capacity; or
b
makes unlawful any act done by a charity in pursuance of any of its charitable purposes, so far as those purposes are connected with persons so determined.
2
Nothing in this Part prevents –
a
a person who provides supported employment from treating members of a particular group of disabled persons more favourably than other persons in providing such employment; or
b
the Department for Employment and Learning from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.
3
In this section –
“charitable instrument” means an enactment or other instrument (whenever taking effect) so far as it relates to charitable purposes;
“charitable purposes” means purposes which are exclusively charitable according to the law of Northern Ireland;
“charity” has the same meaning as in Charities Act (Northern Ireland) 1964 F106; 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 F107.
E6918DF115Interpretation of Part 2
F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E6818DF114Interpretation of Part II
1
Subject to any duty to make reasonable adjustments, nothing in this Part is to be taken to require a person to treat a disabled person more favourably than he treats or would treat others.
2
In this Part –
“benefits”, except in sections 4G to 4K, includes facilities and services;
“detriment”, except in section 16C(2)(b), does not include conduct of the nature referred to in section 3B (harassment);
“discriminate”, “discrimination” and other related expressions are to be construed in accordance with section 3A;
“duty to make reasonable adjustments” means a duty imposed by or under section 4A, 4B(5) or (6), 4E, 4H, 6B, 7B, 14, 14B, 14D F108, 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 F109(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;
- a
“provision, criterion or practice” includes any arrangements.
18EF116Premises provided otherwise than in course of a Part 2 relationship
F1111
This Part does not apply in relation to the provision, otherwise than in the course of a Part 2 relationship, of premises by the regulated party to the other party.
2
For the purposes of subsection (1)—
a
“Part 2 relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and
b
in relation to a Part 2 relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.
PART III Discrimination in Other Areas
Goods, facilities and services
I7E7019 Discrimination in relation to goods, facilities and services.
F1371
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 F138to 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 F139sections 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.
F1404A
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.
F1415
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.
F1426
Nothing in this section or sections 20 to 21A applies to the provision of a service in relation to which discrimination is unlawful under Part III of the 2005 Order.
I8E7120 Meaning of “discrimination”
F1431
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);
C4C5b
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 F144the Mental Capacity Act 2005 are exercisable in relation to a disabled person's property or affairs; or
F145c
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.
I9E7221 Duty of providers of services to make adjustments.
F1461
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.
C6C72
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.
C8C94
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.
E7421ZAF152Application of sections 19 to 21 to transport vehicles
F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E7321ZAF151Application of sections 19 to 21 to transport vehicles
C101
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.
C112
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;
C12b
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;
- a
“guided transport” means transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way).
E7521AF153Employment services
1
In F149this 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
”;
F150c
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.
F208F209Public authorities
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)
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)
E8021BF209Discrimination by public authorities
F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E7621BF208Discrimination by public authorities
1
It is unlawful for a public authority to discriminate against a disabled person in carrying out its functions.
2
In this section, and sections 21D and 21E, “public authority”—
a
includes any person certain of whose functions are functions of a public nature; but
b
does not include any person mentioned in subsection (3).
3
The persons are—
a
either House of Parliament;
b
a person exercising functions in connection with proceedings in Parliament;
c
the Assembly;
d
a person exercising functions in connection with proceedings in the Assembly;
e
the Security Service;
f
the Secret Intelligence Service;
g
the Government Communications Headquarters; and
h
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 the 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) 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) or under any provision of the 2005 Order;
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 or that Order.
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 the 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 Assembly or a district council;
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).
E8121CF209Exceptions from section 21B(1)
F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E7721CF208Exceptions from section 21B(1)
1
Section 21B(1) does not apply to—
a
a judicial act (whether done by a court, tribunal or other person); or
b
an act done on the instructions, or on behalf, of a person acting in a judicial capacity.
2
Section 21B(1) does not apply to any act of, or relating to, making, confirming or approving an enactment.
3
Section 21B(1) does not apply to any act of, or relating to, imposing conditions or requirements of a kind falling within section 59(1)(c).
4
Section 21B(1) does not apply to—
a
a decision not to institute criminal proceedings;
b
where such a decision is made, an act done for the purpose of enabling the decision to be made;
c
a decision not to continue criminal proceedings; or
d
where such a decision is made—
i
an act done for the purpose of enabling the decision to be made; or
ii
an act done for the purpose of securing that the proceedings are not continued.
5
Section 21B(1) does not apply to an act of a prescribed description.
E8221DF209Meaning of “discrimination” in section 21B
F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E7821DF208Meaning of “discrimination” in section 21B
1
For the purposes of section 21B(1), a public authority discriminates against a disabled person if—
a
for a reason which relates to the disabled person's disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and
b
it cannot show that the treatment in question is justified under subsection (3), (5) or (7)(c).
2
For the purposes of section 21B(1), a public authority also discriminates against a disabled person if—
a
it fails to comply with a duty imposed on it by section 21E in circumstances in which the effect of that failure is to make it—
i
impossible or unreasonably difficult for the disabled person to receive any benefit that is or may be conferred, or
ii
unreasonably adverse for the disabled person to experience being subjected to any detriment to which a person is or may be subjected,
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);
C13b
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.
E8321EF209Duties for purposes of section 21D(2) to make adjustments
F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E7921EF208Duty for purposes of section 21D(2) to make adjustments
1
Subsection (2) applies where a public authority has a practice, policy or procedure which makes it—
a
impossible or unreasonably difficult for disabled persons to receive any benefit that is or may be conferred, or
b
unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,
by the carrying-out of a function by the authority.
2
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.
F210Private clubs etc.
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)
E8421FDiscrimination by private clubs etc.
F1581
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.
E8521GMeaning of “discrimination”
F1591
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);
C14b
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).
E8621HDuty to make adjustments
F1601
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.
E8721J“Member”, “associate” and “guest”
F1611
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
E8822 Discrimination in relation to premises.
F1621
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.
F1633A
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;- a
“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.
- a
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.
22AF187Commonholds
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1523 Exemption for small dwellings.
F1651
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;
F166aa
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 spouseF167or civil partner, partner, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood orF168by marriage or civil partnership)); andF169“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.
- a
I10E8924 Meaning of “discrimination” .
F1701
For the purposes of F171section 22 F171sections 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);
C16b
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.
F172e
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).
F1733A
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.
F1744A
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.
E102F17524AF190Let premises: discrimination in failing to comply with duty
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E9024AF188Let premises: discrimination in failing to comply with duty
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.
E10324BF190Exceptions to section 24A(1)
F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E91C1724BF188Exceptions to section 24A(1)
1
Section 24A(1) does not apply if—
a
the premises are, or have at any time been, the only or principal home of an individual who is a person by whom they are let; and
b
since entering into the letting—
i
the individual has not, and
ii
where he is not the sole person by whom the premises are let, no other person by whom they are let has,
used for the purpose of managing the premises the services of a person who, by profession or trade, manages let premises.
2
Section 24A(1) does not apply if the premises are of a prescribed description.
3
Where the conditions mentioned in section 23(2) are satisfied, section 24A(1) does not apply.
4
For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24A(1), a controller of the let premises, or a near relative of his; and “near relative” has here the same meaning as in section 23.
E10424CF190Duty for purposes of section 24A(2) to provide auxiliary aid or service
F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E9224CF188Duties for purposes of section 24A(2) to provide auxiliary aid or service
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.
E10524DF190Duty for purposes of section 24A(2) to change practices, terms etc
F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E9324DF188Duty for purposes of section 24A(2) to change practices, terms, etc.
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)).
E10624EF190Sections 24C and 24D: supplementary and interpretation
F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E9424EF188Sections 24C and 24D: supplementary and interpretation
1
For the purposes of sections 24C and 24D, it is never reasonable for a controller of let premises to have to take steps consisting of or including the removal or alteration of a physical feature.
2
Sections 24C and 24D impose duties only for the purpose of determining whether a person has, for the purposes of section 24A, discriminated against another; and accordingly a breach of any such duty is not actionable as such.
3
In sections 24C and 24D “relevant disabled person”, in relation to let premises, means a particular disabled person—
a
who is a person to whom the premises are let; or
b
who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.
4
For the purposes of section 24C and 24D, the terms of a letting of premises include the terms of any agreement which relates to the letting of the premises.
E10724FF190Let premises: victimisation of persons to whom premises are let
F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E9524FF188Let premises: victimisation of persons to whom premises are let
1
Where a duty under section 24C or 24D is imposed on a controller of let premises by reference to a person who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises, it is unlawful for a controller of the let premises to discriminate against a person to whom the premises are let.
2
For the purposes of subsection (1), a controller of the let premises discriminates against a person to whom the premises are let if—
a
the controller treats that person (“T”) less favourably than he treats or would treat other persons whose circumstances are the same as T's; and
b
he does so because of costs incurred in connection with taking steps to avoid liability under section 24A(1) for failure to comply with the duty.
3
In comparing T's circumstances with those of any other person for the purposes of subsection (2)(a), the following (as well as the costs' having been incurred) shall be disregarded—
a
the making of the request that gave rise to the imposition of the duty; and
b
the disability of each person who—
i
is a disabled person or a person who has had a disability, and
ii
is a person to whom the premises are let or, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.
E10824GF190Premises that are to let: discrimination in failing to comply with duty
F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E9624GF188Premises that are to let: discrimination in failing to comply with duty
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.
E10924HF190Exceptions to section 24G(1)
F182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E97C1824HF188Exceptions to section 24G(1)
1
Section 24G(1) does not apply in relation to premises that are to let if the premises are, or have at any time been, the only or principal home of an individual who is a person who has them to let and—
a
the individual does not use, and
b
where he is not the sole person who has the premises to let, no other person who has the premises to let uses,
the services of an estate agent (within the meaning given by section 22(6)) for the purposes of letting the premises.
2
Section 24G(1) does not apply if the premises are of a prescribed description.
3
Where the conditions mentioned in section 23(2) are satisfied, section 24G(1) does not apply.
4
For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24G(1), a controller of the premises that are to let, or a near relative of his; and “near relative” has here the same meaning as in section 23.
E11024JF190Duties for purposes of section 24G(2)
F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E9824JF188Duties for purposes of section 24G(2)
1
Subsection (2) applies where—
a
a controller of premises that are to let receives a request made by or on behalf of a relevant disabled person;
b
it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service;
c
the auxiliary aid or service—
i
would enable the relevant disabled person to become, or facilitate his becoming, a person to whom the premises are let, but
ii
would be of little or no practical use to him if he were not considering taking a letting of the premises; and
d
it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person to become a person to whom the premises are let.
2
It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for the controller to have to take in order to provide the auxiliary aid or service (but see subsection (5)).
3
Subsection (4) applies where—
a
a controller of premises that are to let has a practice, policy or procedure which has the effect of making it impossible, or unreasonably difficult, for a relevant disabled person to become a person to whom the premises are let;
b
the practice, policy or procedure would not have that effect if the relevant disabled person did not have a disability;
c
the controller receives a request made by or on behalf of the relevant disabled person; and
d
it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy or procedure so as to stop it having that effect.
4
It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change the practice, policy or procedure so as to stop it having that effect (but see subsection (5)).
5
For the purposes of this section, it is never reasonable for a controller of premises that are to let to have to take steps consisting of or including the removal or alteration of a physical feature.
6
In this section “relevant disabled person”, in relation to premises that are to let, means a particular disabled person who is considering taking a letting of the premises.
7
This section imposes duties only for the purpose of determining whether a person has, for the purposes of section 24G, discriminated against another; and accordingly a breach of any such duty is not actionable as such.
E11124KF190Let premises and premises that are to let: justification
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E9924KF188Let premises and premises to let: justification
1
For the purposes of sections 24A(2) and 24G(2), a person's failure to comply with a duty is justified only if—
a
in his opinion, a condition mentioned in subsection (2) is satisfied; and
b
it is reasonable, in all the circumstances of the case, for him to hold that opinion.
2
The conditions are—
a
that it is necessary to refrain from complying with the duty in order not to endanger the health or safety of any person (which may include that of the disabled person concerned);
C19b
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.
E11224LF190Sections 24 to 24K: power to make supplementary provision
F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E10024LF188Sections 24 to 24K: power to make supplementary provision
1
Regulations may make provision, for purposes of sections 24(3A) and (3B) and 24A to 24K—
a
as to circumstances in which premises are to be treated as let to a person;
b
as to circumstances in which premises are to be treated as not let to a person;
c
as to circumstances in which premises are to be treated as being, or as not being, to let;
d
as to who is to be treated as being, or as to who is to be treated as not being, a person who, although not a person to whom let premises are let, is lawfully under the letting an occupier of the premises;
e
as to who is to be treated as being, or as to who is to be treated as not being, a person by whom premises are let;
f
as to who is to be treated as having, or as to who is to be treated as not having, premises to let;
g
as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises;
h
as to things which are, or as to things which are not, to be treated as auxiliary aids or services;
i
as to what is, or as to what is not, to be included within the meaning of “practice, policy or procedure”;
j
as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a person to have to take steps of a prescribed description;
k
as to steps which it is always, or as to steps which it is never, reasonable for a person to have to take;
l
as to circumstances in which it is, or as to circumstances in which it is not, reasonable to regard a request as being of a particular kind;
m
as to things which are, or as to things which are not, to be treated as physical features;
n
as to things which are, or as to things which are not, to be treated as alterations of physical features.
2
The powers under subsections (1)(j) and (k) are subject to sections 24E(1) and 24J(5).
E11324MF191Premises provisions do not apply where other provisions operate
F186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E10124MF189Premises provisions do not apply where other provisions operate
1
Sections 22 to 24L do not apply—
a
in relation to the provision of premises by a provider of services where he provides the premises in providing services to members of the public;
b
in relation to the provision, in the course of a Part II relationship, of premises by the regulated party to the other party;
c
in relation to the provision of premises to a student or prospective student—
i
by a responsible body within the meaning of Chapter I or II of Part III of the 2005 Order, or
ii
by an authority in discharging any functions mentioned in Article 19(1) of the 2005 Order; or
d
to anything which is unlawful under section 21F or which would be unlawful under that section but for the operation of any provision in or made under this Act.
2
Subsection (1)(a) has effect subject to any prescribed exceptions.
3
In subsection (1)(a) “provider of services”, and providing services, have the same meaning as in section 19.
4
For the purposes of subsection (1)(b)—
a
“Part II relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and
b
in relation to a Part II relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.
5
In subsection (1)(c) “student” includes pupil.
Enforcement, etc.
E11425 Enforcement, remedies and procedure.
F1921
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 F193. . . 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 inF194 Northern Ireland shall be brought only in a county court.
4
F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The remedies available in such proceedings are those which are available in the High Court F196. . . .
6
Part II of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
F1976A
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.
F198F1997
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 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).
E11526 Validity and revision of certain agreements.
F2001
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.
F2011A
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.
E116I11C20C2127 Alterations to premises occupied under leases.
F2021
This section applies where—
a
a provider of services F203, 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, F204the 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 F205or 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.
I12E11728F206 Conciliation of disputes.
F2071
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.
C23Part IV Education
F243Chapter 1 SCHOOLS
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
F216Duties of responsible bodies
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
28A Discrimination against disabled pupils and prospective pupils
F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28B Meaning of “discrimination”
F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2228C Disabled pupils not to be substantially disadvantaged
F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28D Accessibility strategies and plans
F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28E Accessibility strategies and plans: procedure
F215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F219Residual duty of education authorities
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
28F Duty of education authorities not to discriminate
F217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28G Residual duty: supplementary provisions
F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F230 Enforcement: England and Wales
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
28HF220Tribunals
F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28I Jurisdiction and powers of the Tribunal F222- England and Wales
F223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28IAJurisdiction and powers of the Tribunal – Wales
F232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28IBCase friends — Wales
F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28ICAdvice and information — Wales
F234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28IDResolution of disputes — Wales
F235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28IEIndependent advocacy services — Wales
F236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28J Procedure
F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28JAF231Appeal from the Welsh Tribunal to the Upper Tribunal
F225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28K Admissions
F226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28L Exclusions
F227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28M Roles of the Secretary of State and the F228Welsh Ministers
F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F238Enforcement: Scotland
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
28N Civil proceedings
F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F240Agreements relating to enforcement
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
28P Validity and revision of agreements of responsible bodies
F239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F242Interpretation of Chapter 1
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
28Q Interpretation
F241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F264Chapter 2 FURTHER AND HIGHER EDUCATION
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
F248Duties of responsible bodies
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
28R Discrimination against disabled students and prospective students
F244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28S Meaning of “discrimination”
F245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28SAMeaning of “harassment“
F246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28TResponsible bodies' duties to make adjustments
F247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F251Other providers of further education or training facilities
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
28U Further education etc. provided by F249local authorities and schools
F250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F255Other unlawful acts
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
28UARelationships which have come to an end
F252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28UBInstructions and pressure to discriminate
F253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28UCDiscriminatory advertisements
F254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F260Enforcement, etc.
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
28V Enforcement, remedies and procedure
F256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28W Occupation of premises by educational institutions
F257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28X Validity and revision of agreements
F258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E11829Education of disabled persons.
F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F263Duties of funding councils
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
E11930 Further and higher education of disabled persons. 1992 c.13.
F261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E12031 Further and higher education of disabled persons: Scotland. 1992 c. 37.
F262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F483 Interpretation of Chapter 2
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
31A Interpretation
F484. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F278Chapter 2AGeneral Qualifications Bodies
Pt. 4 Ch. 2A (ss. 31AA-31AF) inserted (E.W.S) (11.6.2007 for ss. 31AA, 31AD and 31AE for certain purposes, and for s. 31AF, otherwise in force for all provisions at 1.9.2007) by Disability Discrimination Act 2005 (c. 13), ss. 15, 20(3)-(6); S.I 2007/1555, arts. 2, 3(a)
31AAGeneral qualifications bodies: discrimination and harassment
F265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31ABMeaning of “discrimination”
F266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31ACMeaning of “harassment”
F267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31ADGeneral qualifications bodies: duty to make adjustments
F268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31ADAF273Enforcement, remedies and procedures
F269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31ADBF274Alterations to premises occupied under leases
F270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31AEChapter 2A: claims, leased premises and certain agreements
F271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31AFChapter 2A: duty to consult before making regulations
F272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F277Chapter 3 SUPPLEMENTARY
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
F275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31C Application to Isles of Scilly
F276. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V Public Transport
Taxis
E17432 Taxi accessibility regulations.
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;
F279“taxi” means a vehicle licensed under—- a
section 37 of theM13Town Police Clauses Act 1847, or - b
section 6 of theM14Metropolitan Public Carriage Act 1869,
but does not include a taxi which is drawn by a horse or other animal.- a
F279“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.
C24E121C2533 Designated transport facilities.
F2801
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 F281appropriate 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 F282authority making the regulations considers appropriate.
4
In this section—
F283appropriate 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));
- a
“designated” means designated for the purposes of this section by an order made by theF281appropriate national authority;“hire car” has such meaning as may beF284specified 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 theM1Civic Government (Scotland) Act 1982,
which applies in relation to taxis or the drivers of taxis; and- a
“transport facility” means any premises which form part of any port, airport, railway station or bus station.
F2855
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.
E122C2634 New licences conditional on compliance with taxi accessibility regulations.
F2861
The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed
2
Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.
3
The Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order
E12335 Exemption from taxi accessibility regulations.
F287. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E124C27C2836I13 Carrying of passengers in wheelchairs.
F2881
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 F289vehicle.
F2901A
This section also imposes duties on the driver of a designated vehicle other than a regulated taxi if—
a
the designated vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and
b
a person falling within paragraph (a) or (b) of subsection (1) has indicated to the driver that he wishes to travel on the service.
2
In this section—
“carry” means carry in theF291vehicleconcerned; 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 F291vehicle;
ii
if the passenger wishes to remain in his wheelchair, to enable him to be conveyed into and out of the F291vehicle while in his wheelchair;
iii
to load the passenger’s luggage into or out of the F291vehicle;
iv
if the passenger does not wish to remain in his wheelchair, to load the wheelchair into or out of the F291vehicle.
4
Nothing in this section is to be taken to require the driver of any F291vehicle—
a
except in the case of a F291vehicle 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 F292or designated vehicle who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
6
In any proceedings for an offence under this section, it is a defence for the accused to show that, even though at the time of the alleged offence
F293a
in the case of a regulated taxi,
the taxi conformed with those provisions of the taxi accessibility regulations with which it was required to conform,
F294b
in the case of a designated vehicle, the vehicle conformed to the accessibility requirements which applied to it,
it would not have been possible for the wheelchair in question to be carried in safety in the F295vehicle.
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.
F29610
The driver of a designated vehicle 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
he is carrying the certificate on the vehicle.
11
The driver of a designated vehicle who is exempt under subsection (10) must show the certificate, on request, to a person falling within paragraph (a) or (b) of subsection (1).
F29712
In this section—
“designated vehicle” means a vehicle which appears on a list maintained under section 36A;“licensing authority” has the meaning given by section 36A.
36AF312List of wheelchair-accessible vehicles providing local services
F298. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I14E125C2937 Carrying of guide dogs and hearing dogs.
F2991
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.
E175C46C4737AF300 Carrying of assistance dogs in private hire vehicles
F3011
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;
- i
- a
“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;
- a
“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;
- a
“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.
- a
E176I15C30C4838F302AppealsF302Appeal against refusal of exemption certificate
F4861
Any person who is aggrieved by the refusal of F303the Department of the Environment to issue an exemption certificate under F304section 36, 37 or 37A may appeal to F305a magistrates'F305 the appropriate court F306or, in Scotland, the sheriff court before the end of the period of 28 days beginning with the date of the refusal.
2
3
F309. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3104
Any person who is aggrieved by the decision of a licensing authority to include a vehicle on a list maintained under section 36A may appeal to a magistrates' court or, in Scotland, the sheriff court before the end of the period of 28 days beginning with the date of the inclusion.
5
In this section “licensing authority” has the meaning given by section 36A.
E12639 Requirements as to disabled passengers in Scotland.
F311. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public service vehicles
I16E127C3140PSV accessibility regulations.
F3131
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 theM2Public Passenger Vehicles Act 1981;
- a
“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.
I17E128C3241 Accessibility certificates.
F3141
A regulated public service vehicle shall not be used on a road unless—
a
a vehicle examiner has issued a certificate (an “accessibility certificate”) that such provisions of the PSV accessibility regulations as may be prescribed are satisfied in respect of the vehicle; or
b
an approval certificate has been issued under section 42 in respect of the vehicle.
2
The Secretary of State may make regulations—
a
with respect to applications for, and the issue of, accessibility certificates;
b
providing for the examination of vehicles in respect of which applications have been made;
c
with respect to the issue of copies of accessibility certificates in place of certificates which have been lost or destroyed.
3
If a regulated public service vehicle is used in contravention of this section, the operator of the vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
4
In this section “operator” has the same meaning as in the M3Public Passenger Vehicles Act 1981.
I18E129C3342 Approval certificates.
F3151
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.
I19E130C3443 Special authorisations.
F3161
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.
I20E131C3544 Reviews and appeals.
F3171
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.
I21E132C3645 Fees.
F3181
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.
Rail vehicles
E17346 Rail vehicle accessibility regulations.
F485. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C37E17246 Rail vehicle accessibility regulations.
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;
- a
“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 M12Transport 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.
C38E13347 Exemption from rail vehicle accessibility regulations.
F3191
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 F320such persons as it considers appropriate, the F321Department of the Environment may—
a
make an exemption order in the terms of the application;
b
make an exemption order in such other terms as F322it 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.
E13447AF337Rail vehicle accessibility compliance certificates
F3231
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.
47AF335Rail vehicle accessibility compliance certificates
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 Department for Regional Development 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 Department for Regional Development 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 Department for Regional Development to review the decision and pays any fee fixed under section 47C.
6
The Department for Regional Development shall—
a
review the decision; and
b
in doing so, consider any representations made to it in writing, before the end of the prescribed period, by the applicant.
E13547BF337Rail vehicle accessibility compliance certificates: supplementary
F3241
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).
47BF335Rail vehicle accessibility compliance certificates: supplementary
1
Regulations may make provision with respect to rail vehicle accessibility compliance certificates.
2
The provision that may be made under subsection (1) includes (in particular)—
a
provision for certificates to be issued on application;
b
provision specifying conditions to which certificates are subject;
c
provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force;
d
provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject;
e
provision for the withdrawal of certificates issued in error;
f
provision for the correction of errors in certificates;
g
provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed;
h
provision for the examination of a rail vehicle before a certificate is issued in respect of it.
3
In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—
a
make provision as to the persons by whom applications may be made;
b
make provision as to the form in which applications are to be made;
c
make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment.
4
For the purposes of this section, a compliance assessment is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.
5
In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and may (in particular) require that the assessment be one carried out by a person who has been appointed by the Department for Regional Development 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 Department for Regional Development 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 Department for Regional Development 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).
E13647CF337Rail vehicle accessibility compliance certificates: fees
F3251
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.
47CF335Rail vehicle accessibility compliance certificates: fees
1
Such fees, payable at such times, as may be prescribed may be charged by the Department for Regional Development 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 Department for Regional Development shall be paid by it 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 Department for Regional Development shall consult such representative organisations as it thinks fit.
E13747DF338Penalty for using rail vehicle without accessibility compliance certificate
F326If 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.
47DF336Penalty for using rail vehicle without accessibility compliance certificate
If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Department for Regional Development may require the operator of the vehicle to pay a penalty.
E13847EF338Penalty for using rail vehicle that does not conform with accessibility regulations
F3271
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.
47EF336Penalty for using rail vehicle that does not conform with accessibility regulations
1
Where it appears to the Department for Regional Development that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, that Department 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 Department for Regional Development has given a notice under subsection (1);
b
the improvement deadline specified in the notice has passed; and
c
it appears to the Department for Regional Development that the vehicle still does not conform with the provision identified in the notice.
4
The Department for Regional Development 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 Department for Regional Development 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 Department for Regional Development may require the operator to pay a penalty.
E13947FF338Penalty for using rail vehicle otherwise than in conformity with accessibility regulations
F3281
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.
47FF336Penalty for using rail vehicle otherwise than in conformity with accessibility regulations
1
Where it appears to the Department for Regional Development 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, that Department 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 Department for Regional Development has given a notice under subsection (1);
b
the improvement deadline specified in the notice has passed; and
c
it appears to that Department 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 Department for Regional Development 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 Department for Regional Development 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,
that Department 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.
E14047GF338Sections 47E and 47F: inspection of rail vehicles
F3291
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.
47GF336Sections 47E and 47F: inspection of rail vehicles
1
Where the Department for Regional Development 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 that Department—
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 Department for Regional Development has given a notice under section 47E(1) or (4), a person authorised by that Department—
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 Department for Regional Development may, for purposes of section 47E(1) or 47F(1), draw such inferences from the obstruction as appear proper.
5
Where a person—
a
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 Department for Regional Development 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 Department for Regional Development may require the operator of the vehicle to pay a penalty.
7
In this section “inspect” includes test.
E14147HF338Sections 47E and 47F: supplementary powers
F3301
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.
47HF336Sections 47E and 47F: supplementary powers
1
For the purposes of section 47E, the Department for Regional Development may give notice to a person requiring the person to supply the Department for Regional Development, 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 Department for Regional Development may require the person to pay a penalty.
4
Where the Department for Regional Development has given a notice to a person under section 47E(1) or (4) or 47F(1) or (4), that Department may request that person to supply that Department, 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 Department for Regional Development may treat section 47E(3)(c) or (as the case may be) section 47F(3)(c) as being satisfied in the case concerned.
E14247JF338Penalties under sections 47D to 47H: amount, due date and recovery
F3311
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).
47JF336Penalties under sections 47D to 47H: amount, due date and recovery
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 Department for Regional Development before the end of the prescribed period.
5
Any sum payable to the Department for Regional Development as a penalty may be recovered by that Department as a debt due to it.
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 Department for Regional Development as a penalty shall be paid by it into the Consolidated Fund.
8
The Department for Regional Development shall issue a code of practice specifying matters to be considered in determining the amount of a penalty.
9
The Department for Regional Development 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 Department for Regional Development shall lay a draft of that version before the Assembly.
11
After laying the draft of a version of the code before the Assembly, the Department for Regional Development may bring that version of the code into operation by order.
12
The Department for Regional Development shall have regard to the code (in addition to any other matters it thinks relevant)—
a
when imposing a penalty; and
b
when considering under section 47K(6) a notice of objection under section 47K(4).
E14347KF338Penalties under sections 47D to 47H: procedure
F3321
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.
47KF336Penalties under sections 47D to 47H: procedure
1
In this section “penalty” means a penalty under any of sections 47D to 47H.
2
If the Department for Regional Development decides that a person is liable to a penalty, that Department must notify the person of the decision.
3
A notification under subsection (2) must—
a
state that Department'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 Department for Regional Development.
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 Department for Regional Development receives a notice of objection to a penalty in accordance with this section, that Department shall consider it and—
a
cancel the penalty;
b
reduce the penalty; or
c
determine to do neither of those things.
7
Where the Department for Regional Development considers under subsection (6) a notice of objection under subsection (4), it shall—
a
inform the objector of its decision before the end of the prescribed period or such longer period as it may agree with the objector; and
b
if it reduces the penalty, notify the objector of the reduced amount.
E14447LF338Penalties under sections 47D to 47H: appeals
F3331
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.
47LF336Penalties under sections 47D to 47H: appeals
1
A person may appeal to the county 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 county 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 decision of the Department for Regional Development 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 county court thinks relevant (which may include matters of which the Department for Regional Development 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).
E14547MF338Sections 46 to 47H: interpretation
F3341
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.
47MF336Sections 46 to 47H: interpretation
1
In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle.
2
For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.
3
Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle's case, include that provision.
Supplemental
I22E14648 Offences by bodies corporate etc.
F3401
Where an offence under section 40 F339or 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
F341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E147I2349 Forgery and false statements.
F3441
In this section “relevant document” means—
a
a certificate of exemption issued under section F342section 36, 37 or 37A;
b
a notice of a kind mentioned in F343section 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.
F467F469Part 5APublic authorities
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
Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 3, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I. 2005/2774, arts. 3(b), 4(a) [Editorial note: The E.W.S versions of ss. 49C-49F were inserted along with the Part heading "Pt. 5A Public authorities" and should appear under that heading]
49AF469General duty
1
Every public authority shall in carrying out its functions have due regard to—
a
the need to eliminate F487unlawful 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 F488 provision of the Equality Act 2010 (“the 2010 Act”), so far as relating to disability.
F4893
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.
49AF467General duty
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).
49BF469Meaning of “public authority” in Part 5A
1
In this Part “public authority”—
a
includes any person certain of whose functions are functions of a public nature; but
b
does not include—
i
any person mentioned in section 21B(3);
ii
the Scottish Parliament; F490. . .
iii
a person, other than the Scottish Parliamentary Corporate Body, exercising functions in connection with proceedings in the Scottish Parliament.
F491iv
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.
49BF467Plan as to duty under section 49A
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.
F468F470Part 5BImprovements to dwelling houses
Pt. VB (ss. 49C, 49D) inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 16(1); S.R. 2006/466, art. 2(2)(j)
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)}
49CF469Exceptions from section 49A(1)
1
Section 49A(1) does not apply to—
a
a judicial act (whether done by a court, tribunal or other person); or
b
an act done on the instructions, or on behalf, of a person acting in a judicial capacity.
2
Section 49A(1) does not apply to any act of, or relating to, making or approving an Act of Parliament, an Act of the Scottish Parliament F493, 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 F492one or more specified paragraphs of section 49A(1) not to apply to an act of a prescribed description.
49CF468Improvements to let dwelling houses
1
This section applies in relation to a lease of a dwelling house if—
a
the tenancy is not a secure tenancy or a regulated tenancy;
b
the tenant or any other person who lawfully occupies or is intended lawfully to occupy the premises is a disabled person;
c
the person mentioned in paragraph (b) occupies or is intended to occupy the premises as his only or principal home;
d
the tenant is entitled under the lease to make improvements to the premises with the consent of the landlord; and
e
the tenant applies to the landlord for his consent to make a relevant improvement.
2
If the consent of the landlord is unreasonably withheld it must be taken to have been given.
3
Where the tenant applies in writing for the consent—
a
if the landlord refuses to give consent, he must give the tenant a written statement of the reason why the consent was withheld;
b
if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been withheld.
4
If the landlord gives consent to the making of an improvement subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.
5
In any question as to whether—
a
the consent of the landlord was unreasonably withheld, or
b
a condition imposed by the landlord is unreasonable,
it is for the landlord to show that it was not.
6
If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of his tenancy.
7
An improvement to premises is a relevant improvement if, having regard to the disability which the disabled person mentioned in subsection (1)(b) has, it is likely to facilitate his enjoyment of the premises.
8
Subsections (2) to (6) apply to a lease only to the extent that provision of a like nature is not made by the lease.
9
In this section—
“improvement” means any alteration in or addition to premises and includes—
- 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;
- a
“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant” must be construed accordingly;
“regulated tenancy” has the same meaning as in the Rent (Northern Ireland) Order 1978 (NI 20);
“secure tenancy” has the meaning given by Article 25 of the Housing (Northern Ireland) Order 1983 (NI 15).
49DF469Power to impose specific duties
1
The Secretary of State may by regulations impose on a public authority, other than a relevant Scottish authority or a cross-border authority, such duties as the Secretary of State considers appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1).
2
The Secretary of State may by regulations impose on a cross-border authority such duties as the Secretary of State considers appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1) so far as relating to such of its functions as are not Scottish functions.
3
The Scottish Ministers may by regulations impose on a relevant Scottish authority such duties as the Scottish Ministers consider appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1).
4
The Scottish Ministers may by regulations impose on a cross-border authority such duties as the Scottish Ministers consider appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1) so far as relating to its Scottish functions.
5
Before making regulations under any of subsections (1) to (4), the person making the regulations shall consult the F497Commission 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 F494Welsh 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 F495Welsh 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;
- i
- a
“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
F496the 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.
- a
49DF468Conciliation of disputes
1
The Equality Commission for Northern Ireland may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to a dispute of any description concerning the question whether it is unreasonable for a landlord to withhold consent to the making of a relevant improvement to a dwelling house.
2
Subsections (2) to (8) of section 28 apply for the purposes of this section as they apply for the purposes of that section and for that purpose a reference in that section to—
a
a dispute arising under Part III must be construed as a reference to a dispute mentioned in subsection (1);
b
arrangements under that section must be construed as a reference to arrangements under this section.
3
“Relevant improvement” has the same meaning as in section 49C.
49EDuties under section 49D: compliance notices
F345. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49FEnforcement of compliance notices
F346. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49GImprovements to let dwelling houses
F347. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49HConciliation of disputes
F348. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49IF350Conciliation of disputes: rented housing in Scotland
F349. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VI The National Disability Council
F351F35250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F353I24E14851 Codes of practice prepared by the Council.
F354F3531
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3532
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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, F355or 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 F356a Northern Ireland department under this section and includes a code which has been altered and re-issued.
F357I25E14952 Further provision about codes issued under section 51.
F358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VII Supplemental
53A Codes of practice.
F359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3954AF360 Codes of practice.
F3611
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;
F362ba
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.
F3631C
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.
F3641D
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—
P1a
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 F365, III or VA , or any proceedings relating to a relevant improvement, F366or 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;
F367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the Office” means the Office of the First Minister and deputy First Minister; and
F368“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.
F36910
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.
I26E150F37053 Codes of practice prepared by the Secretary of State.
F371F3701
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3702
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3703
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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, F372or 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 F373Department of Economic Development under this section and includes a code which has been revised and re-issued.
F3708
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3709
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F375E151I2754F374 Further provision about codes issued under section 53.
F3741
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3742
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3743
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3744
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3745
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3746
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3747
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3748
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3749
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C40E15255 Victimisation.
F3761
or the purposes of Part II or Part III F377(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 F378or Part III of the 2005 Order ; or
ii
given evidence or information in connection with such proceedings brought by any person; or
iii
iv
alleged that A or any other person has (whether or not the allegation so states) contravened this Act F378or 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).
F3803A
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.
F3815
In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, 4G, 6A, 7A, 13, 14A, 14C F382, 15B and 16A also apply to discrimination against a person who is not disabled.
6
F383. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E153I2856F384 Help for aggrieved persons in obtaining information etc.
F3851
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.
E15457 Aiding unlawful acts.
F3861
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.
F3886
“Unlawful act” means an act made unlawful by any provision of this Act other than a provision contained in Chapter 1 of Part 4.
C41E15558 Liability of employers and principals.
F3891
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.
I29E15659 Statutory authority and national security etc.
F3901
Nothing in this Act makes unlawful any act done—
a
in pursuance of any enactment; or
F391b
in pursuance of any instrument made under any enactment by—
i
a Minister of the Crown,
ii
a member of the Scottish Executive, F392. . .
iii
the National Assembly for Wales F393constituted 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, F394. . .
iii
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.
F3972A
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.
F3982A
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 F399any other provision of this Act makes unlawful any act done for the purpose of safeguarding national security.
E15759AF401National security
F4001
Rules of court may make provision for enabling a county court or sheriff court in which a claim is brought in respect of alleged discrimination contrary to this Act (including anything treated by virtue of this Act as amounting to discrimination contrary to this Act), where the court considers it expedient in the interests of national security—
a
to exclude from all or part of the proceedings—
i
the claimant;
ii
the claimant's representatives;
iii
any assessors;
b
to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;
c
to take steps to keep secret all or part of the reasons for the court's decision in the proceedings.
2
The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, proceedings from which the claimant or his representatives are excluded by virtue of subsection (1).
3
A person may be appointed under subsection (2) only—
a
in relation to proceedings in England and Wales, if he has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)), or
b
in relation to proceedings in Scotland, if he is—
i
an advocate, or
ii
qualified to practice as a solicitor in Scotland.
4
A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.
Part VIII Miscellaneous
E15860 Appointment by Secretary of State of advisers.
F4021
The Secretary of State may appoint such persons as he thinks fit to advise or assist him in connection with matters relating to the employment of disabled persons and persons who have had a disability.
2
Persons may be appointed by the Secretary of State to act generally or in relation to a particular area or locality.
3
The Secretary of State may pay to any person appointed under this section such allowances and compensation for loss of earnings as he considers appropriate.
4
The approval of the Treasury is required for any payment under this section.
5
In subsection (1) “employment” includes self-employment.
6
The Secretary of State may by order—
a
provide for section 17 of, and Schedule 2 to, the M4Disabled Persons (Employment) Act 1944 (national advisory council and district advisory committees) to cease to have effect—
i
so far as concerns the national advisory council; or
ii
so far as concerns district advisory committees; or
b
repeal that section and Schedule.
7
At any time before the coming into force of an order under paragraph (b) of subsection (6), section 17 of the Act of 1944 shall have effect as if in subsection (1), after “disabled persons” in each case there were inserted “, and persons who have had a disability,” and as if at the end of the section there were added—
3
For the purposes of this section—
a
a person is a disabled person if he is a disabled person for the purposes of theM5Disability Discrimination Act 1995; and
b
“disability” has the same meaning as in that Act.
8
At any time before the coming into force of an order under paragraph (a)(i) or (b) of subsection (6), section 16 of the M6Chronically Sick and Disabled Persons Act 1970 (which extends the functions of the national advisory council) shall have effect as if after “disabled persons” in each case there were inserted “
, and persons who have had a disability,
” and as if at the end of the section there were added—
2
For the purposes of this section—
a
a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and
b
“disability” has the same meaning as in that Act.
I30E15961 Amendment of Disabled Persons (Employment) Act 1944.
F4031
Section 15 of the M7Disabled Persons (Employment) Act 1944 (which gives the Secretary of State power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5).
2
In subsection (1)—
a
for “persons registered as handicapped by disablement” substitute “
disabled persons
”;
b
for “their disablement” substitute “
their disability
”; and
c
for “are not subject to disablement” substitute “
do not have a disability
”.
3
In subsection (2), for the words from “any of one or more companies” to “so required and prohibited” substitute “
any company, association or body
”.
4
After subsection (2) insert—
2A
The only kind of company which the Minister himself may form in exercising his powers under this section is a company which is—
a
required by its constitution to apply its profits, if any, or other income in promoting its objects; and
b
prohibited by its constitution from paying any dividend to its members.
5
After subsection (5) insert—
5A
For the purposes of this section—
a
a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and
b
“disability” has the same meaning as in that Act.
6
The provisions of section 16 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert—
and whose disability is due to that service.
2
For the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.
7
The following provisions of the Act of 1944 shall cease to have effect—
a
section 1 (definition of “disabled person”);
b
sections 6 to 8 (the register of disabled persons);
c
sections 9 to 11 (obligations on employers with substantial staffs to employ a quota of registered persons);
d
section 12 (the designated employment scheme for persons registered as handicapped by disablement);
e
section 13 (interpretation of provisions repealed by this Act);
f
section 14 (records to be kept by employers);
g
section 19 (proceedings in relation to offences); and
h
section 21 (application as respects place of employment, and nationality).
8
Any provision of subordinate legislation in which “disabled person” is defined by reference to the Act of 1944 shall be construed as if that expression had the same meaning as in this Act.
9
Subsection (8) does not prevent the further amendment of any such provision by subordinate legislation.
F40462. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E16063 Restriction of publicity: Employment Appeal Tribunal.
F405. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E16164 Application to Crown etc.
F406F407A1
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 F408, 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
F409. . . 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.
F4102A
Subsections F411(A1) to(2) have effect subject to section 64A and section 64B.
F4122A
Subsections F413(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 F414. . . .
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
F415. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F415. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F416. . . 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 theM8Crown Proceedings Act 1947;F417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“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;F418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“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 theM9House 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;F420. . .
F421. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E16264AF463Police
F422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E16364AF464Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve
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 F423 –
a
any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under Part II F424or III, 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 F424or III 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 F424or III 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
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 F427 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.
64BF464Other police bodies
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 F428or III, 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 F428or III 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).
F4296
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.
E16465 Application to Parliament.
F430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66 Government appointments outside Part II.
F473. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I31E16567Regulations and orders.
F4311
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.
F4323A
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).
F4334
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), F43454A(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).
E16667AF465Exercise of discretion under section 67(5A)
F435. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E16767BF466Annual report on rail vehicle exemption orders
F436. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I32E16868 Interpretation.
F454F437C421
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;F471. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F438“criminal investigation” has the meaning given in subsection (1A);F439“criminal proceedings” includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006);“the Department of Economic Development” means the Department of Economic Development in Northern Ireland;“the Department of the Environment” means the Department of the Environment for Northern Ireland;“the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland;“employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly;F440“employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (4)F441“employment services” has the meaning given in section 21A(1);“enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954F442, 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;F443“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;F444“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;F445“the Office” means the Office of the First Minister and deputy First Minister;“premises”, includes land of any description;“prescribed” means prescribed by regulations;“profession” includes any vocation or occupation;“provider of services” has the meaning given in section 19(2)(b);F446“public investigator functions” has the meaning given in subsection (1B);“public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;“PSV accessibility regulations” means regulations made under section 40(1);“rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;“rail vehicle accessibility regulations” means regulations made under section 46(1);“regulations” means—F471. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F471. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“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;F449“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.
F4501A
In this Act “criminal investigation” means—
a
any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with or prosecuted for an offence is guilty of it; or
b
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.
1B
In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.
C431C
In subsections (1A) and (1B)—
“offence” includesF451any service offence within the meaning of the Armed Forces Act 2006, and“offender” is to be construed accordingly.
F4522
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 F453Northern Ireland.
5
F472. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I33E16969 Financial provisions.
F455There 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.
E170I3470 Short title, commencement, extent etc.
F4561
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.
F4572A
The following provisions of this Act—
a
section 36 so far as it applies to designated vehicles,
b
section 36A, and
c
section 38 (which has already been brought in force in England and Wales by an order under subsection (3)) so far as it extends to Scotland,
come into force 2 months after the passing of the Local Transport Act 2008.
P2C443
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.
F4585A
Sections 7A F4597B and 49G extend to England and Wales only.
5B
Sections 7C and 7D extend to Scotland only.
6
F460Subject 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.
F4617
In Part II of Schedule 1 to the M10House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the M11Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) in each case insert at the appropriate places—
F462The 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.
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)