Disability Discrimination Act 1995

Part I Disability

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

2 Past disabilities.

Part IITHE EMPLOYMENT FIELD and members of locally-electable authorities

Meaning of “discrimination” and “harassment”

3AMeaning of “discrimination”

3BMeaning of “harassment”

4 Discrimination against applicants and employees.

4AEmployers: duty to make adjustments

5 Meaning of “discrimination”

6 Duty of employer to make adjustments.

7 Exemption for small businesses.

Contract workers

4BContract workers

Office-holders

4COffice-holders: introductory

4DOffice-holders: discrimination and harassment

4EOffice-holders: duty to make adjustments

4FOffice-holders: supplementary

Occupational pension schemes

4GOccupational pension schemes: non-discrimination rule

4HOccupational pension schemes: duty to make adjustments

4IOccupational pension schemes: procedure

4JOccupational pension schemes: remedies

4KOccupational pension schemes: supplementary

6APartnerships: discrimination and harassment

6BPartnerships: duty to make adjustments

6CPartnerships: supplementary

Barristers and advocates

7ABarristers: discrimination and harassment

7BBarristers: duty to make adjustments

7CAdvocates: discrimination and harassment

7DAdvocates: duty to make adjustments

Enforcement etc.

8 Enforcement, remedies and procedure.

9 Validity of certain agreements.

10 Charities and support for particular groups of persons.

11 Advertisements suggesting that employers will discriminate against disabled persons

Discrimination by other persons

12 Discrimination against contract workers.

15 Appeal against refusal of exemption certificate.

Trade and professional bodies

13Trade organisations: discrimination and harassment

14Trade organisations: duty to make adjustments

14AQualifications bodies: discrimination and harassment

14BQualifications bodies: duty to make adjustments

Practical work experience

14CPractical work experience: discrimination and harassment

14DPractical work experience: duty to make adjustments

Relationships between locally-electable authorities and their members

15AInterpretation of sections 15B and 15C

15BAuthorities and their members: discrimination and harassment

15CAuthorities and their members: duty to make adjustments

Premises occupied under leases

16 Alterations to premises occupied under leases.

Other unlawful acts

16ARelationships which have come to an end

16BDiscriminatory advertisements

16CInstructions and pressure to discriminate

Occupational pension schemes and insurance services

17 Occupational pension schemes.

Enforcement etc.

17A Enforcement, remedies and procedure.

17BEnforcement of sections 16B(1) and 16C

17CValidity of contracts, collective agreements and rules of undertakings

Supplementary and general

18 Insurance services.

18A Alterations to premises occupied under leases.

18BReasonable adjustments: supplementary

18C Charities and support for particular groups of persons.

18DInterpretation of Part 2

18EPremises provided otherwise than in course of a Part 2 relationship

PART III Discrimination in Other Areas

Goods, facilities and services

19 Discrimination in relation to goods, facilities and services.

20 Meaning of “discrimination”

21 Duty of providers of services to make adjustments.

21ZAApplication of sections 19 to 21 to transport vehicles

21AEmployment services

Public authorities

21BDiscrimination by public authorities

21CExceptions from section 21B(1)

21DMeaning of “discrimination” in section 21B

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

Private clubs etc.

21FDiscrimination by private clubs etc.

21GMeaning of “discrimination”

21HDuty to make adjustments

21J“Member”, “associate” and “guest”

22 Discrimination in relation to premises.

23 Exemption for small dwellings.

24 Meaning of “discrimination” .

24ALet premises: discrimination in failing to comply with duty

24BExceptions to section 24A(1)

24CDuty for purposes of section 24A(2) to provide auxiliary aid or service

24DDuty for purposes of section 24A(2) to change practices, terms etc

24ESections 24C and 24D: supplementary and interpretation

24FLet premises: victimisation of persons to whom premises are let

24GPremises that are to let: discrimination in failing to comply with duty

24HExceptions to section 24G(1)

24JDuties for purposes of section 24G(2)

24KLet premises and premises that are to let: justification

24LSections 24 to 24K: power to make supplementary provision

24MPremises provisions do not apply where other provisions operate

Enforcement, etc.

25 Enforcement, remedies and procedure.

26 Validity and revision of certain agreements.

27 Alterations to premises occupied under leases.

28 Conciliation of disputes.

Part IV Education

Chapter 1 SCHOOLS

Duties of responsible bodies

28A Discrimination against disabled pupils and prospective pupils

28B Meaning of “discrimination”

28C Disabled pupils not to be substantially disadvantaged

28D Accessibility strategies and plans

28E Accessibility strategies and plans: procedure

Residual duty of education authorities

28F Duty of education authorities not to discriminate

28G Residual duty: supplementary provisions

Enforcement: England and Wales

28I Jurisdiction and powers of the Tribunal

28IAJurisdiction and powers of the Tribunal – Wales

28IBCase friends — Wales

28ICAdvice and information — Wales

28IDResolution of disputes — Wales

28IEIndependent advocacy services — Wales

28JAAppeal from the Welsh Tribunal to the Upper Tribunal

28M Roles of the Secretary of State and the National Assembly

Enforcement: Scotland

28N Civil proceedings

Agreements relating to enforcement

28P Validity and revision of agreements of responsible bodies

Interpretation of Chapter 1

28Q Interpretation

Chapter 2 FURTHER AND HIGHER EDUCATION

Duties of responsible bodies

28R Discrimination against disabled students and prospective students

28S Meaning of “discrimination”

28SAMeaning of “harassment“

28T Disabled students not to be substantially disadvantaged

Other providers of further education or training facilities

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

Other unlawful acts

28UARelationships which have come to an end

28UBInstructions and pressure to discriminate

28UCDiscriminatory advertisements

Enforcement, etc.

28V Enforcement, remedies and procedure

28W Occupation of premises by educational institutions

28X Validity and revision of agreements

29Education of disabled persons.

Duties of funding councils

30 Further and higher education of disabled persons. 1992 c.13.

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

Interpretation of Chapter 2

31A Interpretation

Chapter 2AGeneral Qualifications Bodies

31AAGeneral qualifications bodies: discrimination and harassment

31ABMeaning of “discrimination”

31ACMeaning of “harassment”

31ADGeneral qualifications bodies: duty to make adjustments

31ADAEnforcement, remedies and procedures

31ADBAlterations to premises occupied under leases

31AEChapter 2A: claims, leased premises and certain agreements

31AFChapter 2A: duty to consult before making regulations

Chapter 3 SUPPLEMENTARY

31B Conciliation for disputes

31C Application to Isles of Scilly

Part V Public Transport

32 Taxi accessibility regulations.

33 Designated transport facilities.

34 New licences conditional on compliance with taxi accessibility regulations.

35 Exemption from taxi accessibility regulations.

36 Carrying of passengers in wheelchairs.

36AList of wheelchair-accessible vehicles providing local services

37 Carrying of guide dogs and hearing dogs.

37A Carrying of assistance dogs in private hire vehicles

38 Appeal against refusal of exemption certificate.

39 Requirements as to disabled passengers in Scotland.

Public service vehicles

40 PSV accessibility regulations.

41 Accessibility certificates.

42 Approval certificates.

43 Special authorisations.

44 Reviews and appeals.

46 Rail vehicle accessibility regulations.

47 Exemption from rail vehicle accessibility regulations.

47ARail vehicle accessibility compliance certificates

47BRail vehicle accessibility compliance certificates: supplementary

47CRail vehicle accessibility compliance certificates: fees

47DPenalty for using rail vehicle without accessibility compliance certificate

47EPenalty for using rail vehicle that does not conform with accessibility regulations

47FPenalty for using rail vehicle otherwise than in conformity with accessibility regulations

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

47HSections 47E and 47F: supplementary powers

47JPenalties under sections 47D to 47H: amount, due date and recovery

47KPenalties under sections 47D to 47H: procedure

47LPenalties under sections 47D to 47H: appeals

47MSections 46 to 47H: interpretation

48 Offences by bodies corporate etc.

49 Forgery and false statements.

Part 5APublic authorities

49AGeneral duty

49BMeaning of “public authority” in Part 5A

49CExceptions from section 49A(1)

49DPower to impose specific duties

49EDuties under section 49D: compliance notices

49FEnforcement of compliance notices

Part 5BImprovements to dwelling houses

49GImprovements to let dwelling houses

49HConciliation of disputes

49IConciliation of disputes: rented housing in Scotland

Part VI The National Disability Council

50 The National Disability Council.

51 Codes of practice prepared by the Council.

52 Further provision about codes issued under section 51.

Part VII Supplemental

53A Codes of practice.

54A Codes of practice.

53 Codes of practice prepared by the Secretary of State.

54 Further provision about codes issued under section 53.

55 Victimisation.

56 Help for aggrieved persons in obtaining information etc.

57 Aiding unlawful acts.

58 Liability of employers and principals.

59 Statutory authority and national security etc.

59ANational security

Part VIII Miscellaneous

60 Appointment by Secretary of State of advisers.

61 Amendment of Disabled Persons (Employment) Act 1944.

62 Restriction of publicity: industrial tribunals.

63 Restriction of publicity: Employment Appeal Tribunal.

64 Application to Crown etc.

64BOther police bodies

65 Application to Parliament.

66 Government appointments outside Part II.

67 Regulations and orders.

67AExercise of discretion under section 67(5A)

67BAnnual report on rail vehicle exemption orders

68 Interpretation.

69 Financial provisions.

70 Short title, commencement, extent etc.

SCHEDULE 1 Provisions Supplementing Section 1

1(1) “ Mental impairment ” includes an impairment resulting from...

Long-term effects

2(1) The effect of an impairment is a long-term effect...

Severe disfigurement

3(1) An impairment which consists of a severe disfigurement is...

Normal day-to-day activities

4(1) An impairment is to be taken to affect the...

Substantial adverse effects

5Regulations may make provision for the purposes of this Act—...

Effect of medical treatment

6(1) An impairment which would be likely to have a...

Persons deemed to be disabled

6A(1) Subject to sub-paragraph (2), a person who has cancer,...

7(1) Sub-paragraph (2) applies to any person whose name is,...

Progressive conditions

8(1) Where— (a) a person has a progressive condition (such...

Interpretation

9In this Schedule, “HIV infection” means infection by a virus...

SCHEDULE 2 Past Disabilities

1The modifications referred to in section 2 are as follows....

2References in Parts II to 4and 5A to a disabled...

2AReferences in Chapter 1 of Part 4 to a disabled...

2BReferences in Chapter 2 of Part 4 to a disabled...

2CIn section 3A(5), after “not having that particular disability” insert...

3In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 7D(1), 14(1),...

4In sections 4A(3)(b), 4E(3)(b), 4H(3)(b), 6B(3)(b), 7B(4)(b), 7D(3)(b), 14(3)(b), 14B(3)(b),...

4ZAIn section 24(3)(e)(i) and (f)(i), after “having” insert “ had...

4ZBIn sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute...

4AIn section 28B(3)(a) and (4), after “disabled” insert “or that...

4BIn section 28C(1), in paragraphs (a) and (b), after “not...

4CIn section 28S(3)(a) and (4), after “disabled” insert “or that...

4DIn subsection (1) of section 28T, after “not disabled” insert...

4EIn that subsection as substituted by paragraphs 2 and 6...

5For paragraph 2(1) to (3) of Schedule 1, substitute—

6References in Chapter I of Part III of the 2005...

7References in Chapter II of Part III of the 2005...

8In Article 15(3)(a) and (4) of the 2005 Order, after...

9In Article 16(1) of the 2005 Order, in sub-paragraphs (a)...

10In Article 29(3)(a) and (4) of the 2005 Order, after...

11In Articles 30(1)(a) and (b) and 37(1)(d), (2)(c) and (3)...

12In Article 35(8) of the 2005 Order after “not having...

13In Article 37(4)(b) of the 2005 Order for “has” substitute...

SCHEDULE 3Sections 17A(8) and 25(6). Enforcement and Procedure

Part I Employment

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on proceedings for breach of Part II

2(1) Except as provided by Part 2, no civil or...

Period within which proceedings must be brought

3(1) An employment tribunal shall not consider a complaint under...

4(1) In any proceedings under section 17A or 25(8), a...

Part II Discrimination in Other Areas

Restriction on proceedings for breach of Part III

5(1) Except as provided by section 25 no civil or...

Period within which proceedings must be brought

6(1) A county court or a sheriff court shall not...

Staying or sisting proceedings on section 21B claim affecting criminal matters

6A(1) Sub-paragraph (2) applies where a party to proceedings under...

Restriction of remedies for section 21B claim relating to criminal matters

6B(1) Sub-paragraph (2) applies to a remedy other than—

Compensation for injury to feelings

7In any proceedings under section 25, the amount of any...

8(1) In any proceedings under section 25, a certificate signed...

Part 3 DISCRIMINATION IN SCHOOLS

9Restriction on proceedings for breach of Part 4, Chapter 1

10Period within which proceedings must be brought

Part 4 DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS

12Restriction on proceedings for breach of Part 4, Chapter 2

13Period within which proceedings must be brought

14Compensation for injury to feelings

Part 5Discrimination in General Qualifications Bodies

Restriction on proceedings for breach of Part 4, Chapter 2A

16(1) Except as provided by section 31ADA, no civil or...

Period within which proceedings must be brought

17(1) A county court or a sheriff court shall not...

18(1) In any proceedings under section 31ADA, a certificate signed...

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

PART Ivalidity and revision of contracts

1(1) A term of a contract is void where –...

2(1) Paragraph 1(3) does not apply –

3(1) On the application of a disabled person interested in...

PART IIcollective agreements and rules of undertakings

4(1) This Part of this Schedule applies to –

5A disabled person to whom this paragraph applies may present...

6In the case of a complaint about –

7In the case of a complaint about a rule made...

8(1) When an industrial tribunal finds that a complaint presented...

9The avoidance by virtue of paragraph 4(2) of any term...

PART IIIinterpretation

10In this Schedule “ collective agreement ” means any agreement...

11Any reference in this Schedule to a contract or act...

12Where a term to which section 26(1A)(c) applies is a...

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

Part 1VALIDITY AND REVISION OF CONTRACTS

1 (1) A term of a contract is void where—...

2 (1) Paragraph 1(3) does not apply—

3 (1) On the application of a disabled person interested...

Part 2COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

4 (1) This Part of this Schedule applies to—

5A disabled person to whom this paragraph applies may present...

6In the case of a complaint about—

7In the case of a complaint about a rule made...

8 (1) When an employment tribunal finds that a complaint...

9The avoidance by virtue of paragraph 4(2) of any term...

Part 3INTERPRETATION

10In this Schedule “collective agreement” means any agreement relating to...

11Any reference in this Schedule to this Part of this...

12Where a term to which section 26(1A)(c) applies is a...

SCHEDULE 4 Premises Occupied Under Leases

Part I Occupation by EMPLOYER etc

Failure to obtain consent to alteration

1If any question arises as to whether the occupier has...

Joining lessors in proceedings under section 17A . . .

2(1) In any proceedings on a complaint under section 17A,...

3Regulations may make provision as to circumstances in which—

Sub-leases etc.

4The Secretary of State may by regulations make provision supplementing,...

Part II Occupation by Provider of Services

Failure to obtain consent to alteration

5If any question arises as to whether the occupier has...

Reference to court

6(1) If the occupier has applied in writing to the...

Joining lessors in proceedings under section 25

7(1) In any proceedings on a claim under section 25...

Joining lessors in proceedings relating to group insurance or employment services

7A(1) In any proceedings on a complaint under section 25(8)...

8Regulations may make provision as to circumstances in which—

Sub-leases etc.

9The Secretary of State may by regulations make provision supplementing,...

Part 3 OCCUPATION BY EDUCATIONAL INSTITUTIONS

10Failure to obtain consent

11Reference to court

12Joining lessors in proceedings under section 28V

14Sub-leases etc.

PART 4Occupation by General Qualifications Bodies

Failure to obtain consent to alteration

15If any question arises as to whether a general qualifications...

Reference to court

16(1) If the general qualifications body has applied in writing...

Joining lessors in proceedings under section 31ADA

17(1) In any proceedings on a claim under section 31ADA...

SCHEDULE 4A RESPONSIBLE BODIES FOR SCHOOLS

1(1) The bodies responsible for schools in England and Wales...

2(1) The bodies responsible for schools in Scotland are set...

SCHEDULE 4B RESPONSIBLE BODIES FOR EDUCATIONAL INSTITUTIONS

1(1) The bodies responsible for educational institutions in England and...

2(1) The bodies responsible for relevant institutions in Scotland are...

SCHEDULE 4C MODIFICATIONS OF CHAPTER 2 OF PART 4

Part 1 MODIFICATIONS FOR ENGLAND AND WALES

1For section 28R, substitute— Further education etc. provided by local...

2For subsection (1) of section 28T, substitute—

3In section 28W(1)(a) for “by an educational institution” substitute “...

4Omit section 31A.

Part 2 MODIFICATIONS FOR SCOTLAND

5For section 28R, substitute— Further education etc. provided by education...

6For subsection (1) of section 28T, substitute— :

7In section 28W(1)(a) for “by an educational institution” substitute “by...

8Omit section 31A.

SCHEDULE 5 The National Disability Council

1(1) The Council shall be a body corporate.

2The Council has power to regulate its own procedure (including...

3(1) The Council shall consist of at least 10, but...

Term of office of members

4(1) Each member shall be appointed for a term which...

5(1) The Secretary of State may pay such remuneration or...

6The Secretary of State shall provide the Council with such...

Supplementary regulation-making power

7The Secretary of State may by regulations make provision—

8(1) As soon as is practicable after the end of...

SCHEDULE 6 Consequential Amendments

Employment and Training Act 1973 (c. 50)

1In section 12(1) of the Employment and Training Act 1973...

Employment Protection (Consolidation) Act 1978 (c. 44)

2In section 136(1) of the Employment Protection (Consolidation) Act 1978...

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Companies Act 1985 (c. 6)

4In paragraph 9 of Schedule 7 to the Companies Act...

Local Government and Housing Act 1989 (c. 42)

5In section 7 of the Local Government and Housing Act...

Enterprise and New Towns (Scotland) Act 1990 (c. 35)

6In section 16 of the Enterprise and New Towns (Scotland)...

SCHEDULE 7 Repeals

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

1In its application to Northern Ireland this Act shall have...

2(1) In section 3(1) for “Secretary of State” substitute “...

3In section 4(6) for “Great Britain” substitute “ Northern Ireland...

4(1) . . . . . . . . ....

5(1) In section 8(3) omit “or (in Scotland) in reparation”....

6(1) . . . . . . . . ....

7(1) In section 10(1)(b) omit “or recognised body”.

8— In section 12(5) for “Great Britain” where it twice...

9(1) In section 19(3)(g) for “section 2 of the Employment...

10In section 20(7) for paragraphs (b) and (c) substitute ;...

11In section 22(4) and (6) omit “or (in Scotland) the...

12(1) In section 25(1) omit “or (in Scotland) in reparation”....

13In section 26(3) omit “or a sheriff court”.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Omit sections 29, 30 and 31.

16(1) In section 32(1) for “Secretary of State” substitute “...

17In section 33, for “Secretary of State”, wherever it occurs,...

18For section 34 substitute— New licences conditional on compliance with...

19Omit section 35.

20In section 36(7) for “licensing authority” substitute “ Department of...

21(1) In section 37(5) and (6) for “licensing authority” substitute...

21A(1) In section 37A(5) and (6) for “licensing authority” substitute...

22(1) In section 38(1) for “a licensing authority” substitute “...

23Omit section 39.

24(1) In section 40 for “Secretary of State” wherever it...

25(1) In section 41(2) for “Secretary of State” substitute “...

26(1) In section 42 for “Secretary of State” wherever it...

27In section 43 for “Secretary of State” wherever it occurs...

28(1) In section 44 for “Secretary of State” wherever it...

29(1) In section 45 for “Secretary of State” wherever it...

30(1) In section 46 for “Secretary of State” wherever it...

31(1) In section 47 for “Secretary of State” wherever it...

32Omit section 48(3).

33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34(1) . . . . . . . . ....

35For section 52 substitute— Further provisions about codes issued under...

36(1) In section 53 for “Secretary of State” wherever it...

37For section 54 substitute— Further provisions about codes issued under...

38In section 56(2) and (4) for “Secretary of State” substitute...

39In section 59(1) after “Crown” where it twice occurs insert...

40(1) In section 60(1) to (3) for “Secretary of State”...

41For section 61 substitute— Amendments of Disabled Persons (Employment) Act...

42(1) In section 62(2) for “Secretary of State” substitute “...

43Omit section 63.

44(1) In section 64(3) for “England and Wales” substitute “...

45Omit section 65.

46For section 67 substitute— Regulations and orders etc. (1) Any power under this Act to make regulations or...

47(1) For section 68(1) substitute— (1) In this Act— “accessibility...

48(1) In section 70(3) for “Secretary of State” substitute “...

49(1) In Schedule 1 in paragraph 7(1) for “Act 1944”...

50(1) In Schedule 3 in paragraph 1—

51(1) In Schedule 4 in paragraphs 2(1) and (5) and...

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53For Schedules 6 and 7 substitute— SCHEDULE 6 Consequential Amendments...

Royal arms

Disability Discrimination Act 1995

1995 CHAPTER 50

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

[8th November 1995]

F1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—