Disability Discrimination Act 1995

Part VIII U.K. Miscellaneous

Valid from 02/12/1996

60 Appointment by Secretary of State of advisers. U.K.

(1) The Secretary of State may appoint such persons as he thinks fit to advise or assist him in connection with matters relating to the employment of disabled persons and persons who have had a disability.

(2) Persons may be appointed by the Secretary of State to act generally or in relation to a particular area or locality.

(3) The Secretary of State may pay to any person appointed under this section such allowances and compensation for loss of earnings as he considers appropriate.

(4) The approval of the Treasury is required for any payment under this section.

(5) In subsection (1) “employment” includes self-employment.

(6) The Secretary of State may by order—

(a) provide for section 17 of, and Schedule 2 to, the M1 Disabled Persons (Employment) Act 1944 (national advisory council and district advisory committees) to cease to have effect—

(i) so far as concerns the national advisory council; or

(ii) so far as concerns district advisory committees; or

(b) repeal that section and Schedule.

(7) At any time before the coming into force of an order under paragraph (b) of subsection (6), section 17 of the Act of 1944 shall have effect as if in subsection (1), after “disabled persons” in each case there were inserted “, and persons who have had a disability,” and as if at the end of the section there were added—

“(3) For the purposes of this section—

(a) a person is a disabled person if he is a disabled person for the purposes of the M2 Disability Discrimination Act 1995; and

(b) “disability” has the same meaning as in that Act.”

(8) At any time before the coming into force of an order under paragraph (a)(i) or (b) of subsection (6), section 16 of the M3 Chronically Sick and Disabled Persons Act 1970 (which extends the functions of the national advisory council) shall have effect as if after “disabled persons” in each case there were inserted “ , and persons who have had a disability, ” and as if at the end of the section there were added—

“(2) For the purposes of this section—

(a) a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and

(b) “disability” has the same meaning as in that Act.”

Extent Information

E1 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Marginal Citations

M1 1944 c.10.

M2 1995 c. 50.

M3 1970 c. 44.

Valid from 02/12/1996

61 Amendment of Disabled Persons (Employment) Act 1944. U.K.

(1) Section 15 of the M4 Disabled Persons (Employment) Act 1944 (which gives the Secretary of State power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5).

(2) In subsection (1)—

(a) for “persons registered as handicapped by disablement” substitute “ disabled persons ”;

(b) for “their disablement” substitute “ their disability ”; and

(c) for “are not subject to disablement” substitute “ do not have a disability ”.

(3) In subsection (2), for the words from “any of one or more companies” to “so required and prohibited” substitute “ any company, association or body ”.

(4) After subsection (2) insert—

“(2A) The only kind of company which the Minister himself may form in exercising his powers under this section is a company which is—

(a) required by its constitution to apply its profits, if any, or other income in promoting its objects; and

(b) prohibited by its constitution from paying any dividend to its members.”

(5) After subsection (5) insert—

“(5A) For the purposes of this section—

(a) a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and

(b) “disability” has the same meaning as in that Act.”

(6) The provisions of section 16 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert— “and whose disability is due to that service.

(2) For the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.”

(7) The following provisions of the Act of 1944 shall cease to have effect—

(a) section 1 (definition of “disabled person”);

(b) sections 6 to 8 (the register of disabled persons);

(c) sections 9 to 11 (obligations on employers with substantial staffs to employ a quota of registered persons);

(d) section 12 (the designated employment scheme for persons registered as handicapped by disablement);

(e) section 13 (interpretation of provisions repealed by this Act);

(f) section 14 (records to be kept by employers);

(g) section 19 (proceedings in relation to offences); and

(h) section 21 (application as respects place of employment, and nationality).

(8) Any provision of subordinate legislation in which “disabled person” is defined by reference to the Act of 1944 shall be construed as if that expression had the same meaning as in this Act.

(9) Subsection (8) does not prevent the further amendment of any such provision by subordinate legislation.

Extent Information

E2 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I1 S. 61 wholly in force at 2.12.1996; s. 61 not in force at Royal Assent see s. 70(3); s. 61 in force at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III (with art. 3)

Marginal Citations

M4 1944 c. 10.

62 Restriction of publicity: industrial tribunals. U.K.

(1) This section applies to proceedings on a complaint under section 8 in which evidence of a personal nature is likely to be heard by the industrial tribunal hearing the complaint.

(2) The power of the Secretary of State to make regulations with respect to the procedure of industrial tribunals includes power to make provision in relation to proceedings to which this section applies for—

(a) enabling an industrial tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the tribunal’s decision; and

(b) where a restricted reporting order is made in relation to a complaint which is being dealt with by the tribunal together with any other proceedings, enabling the tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the tribunal may direct.

(3) If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of publication in any other form, the person publishing the matter, and

(c) in the case of matter included in a relevant programme—

(i) any body corporate engaged in providing the service in which the programme is included, and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Where a person is charged with an offence under subsection (3), it is a defence to prove that at the time of the alleged offence—

(a) he was not aware, and

(b) he neither suspected nor had reason to suspect,

that the publication or programme in question was of, or included, the matter in question.

(5) Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(6) In relation to a body corporate whose affairs are managed by its members “director”, in subsection (5), means a member of the body corporate.

(7) In this section—

• “evidence of a personal nature” means any evidence of a medical, or other intimate, nature which might reasonably be assumed to be likely to cause significant embarrassment to the complainant if reported;

• “identifying matter” means any matter likely to lead members of the public to identify the complainant or such other persons (if any) as may be named in the order;

• “promulgation” has such meaning as may be prescribed by the regulations;

• “relevant programme” means a programme included in a programme service, within the meaning of the M5 Broadcasting Act 1990;

• “restricted reporting order” means an order—

  (a)

  made in exercise of the power conferred by regulations made by virtue of this section; and

  (b)

  prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain; and

• “written publication” includes a film, a soundtrack and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

Extent Information

E3 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I2 S. 62 partly in force; s. 62 not in force at Royal Assent see s. 70(3); s. 62(1)(2)(7) in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(g); s. 62(1)(2)(7) in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(g)

Marginal Citations

M5 1990 c. 42.

63 Restriction of publicity: Employment Appeal Tribunal. U.K.

(1) This section applies to proceedings—

(a) on an appeal against a decision of an industrial tribunal to make, or not to make, a restricted reporting order, or

(b) on an appeal against any interlocutory decision of an industrial tribunal in proceedings in which the industrial tribunal has made a restricted reporting order which it has not revoked.

(2) The power of the Lord Chancellor to make rules with respect to the procedure of the Employment Appeal Tribunal includes power to make provision in relation to proceedings to which this section applies for—

(a) enabling the Tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the Tribunal’s decision; and

(b) where a restricted reporting order is made in relation to an appeal which is being dealt with by the Tribunal together with any other proceedings, enabling the Tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the Tribunal may direct.

(3) Subsections (3) to (6) of section 62 apply in relation to a restricted reporting order made by the Tribunal as they apply in relation to one made by an industrial tribunal.

(4) In subsection (1), “restricted reporting order” means an order which is a restricted reporting order for the purposes of section 62.

(5) In subsection (2), “restricted reporting order” means an order—

(a) made in exercise of the power conferred by rules made by virtue of this section; and

(b) prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain.

(6) In this section—

• “complainant” means the person who made the complaint to which the proceedings before the Tribunal relate;

• “identifying matter”, “written publication” and “relevant programme” have the same meaning as in section 62; and

• “promulgation” has such meaning as may be prescribed by the rules.

Extent Information

E4 In the application of this Act to Northern Ireland, this section is omitted: see s. 70(6), Sch. 8 para. 43

Commencement Information

I3 S. 63 partly in force; s. 63 not in force at Royal Assent see s. 70(3); s. 63(1)(2)(4)(5) in force at 17.5.1996 by S.I. 1996/1336, art. 3(h)

Valid from 02/12/1996

64 Application to Crown etc. U.K.

(1) This Act applies—

(a) to an act done by or for purposes of a Minister of the Crown or government department, or

(b) to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,

as it applies to an act done by a private person.

(2) Subject to subsection (5), Part II applies to service—

(a) for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, or

(b) on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body,

as it applies to employment by a private person.

(3) The provisions of Parts II to IV of the 1947 Act apply to proceedings against the Crown under this Act as they apply to Crown proceedings in England and Wales; but section 20 of that Act (removal of proceedings from county court to High Court) does not apply.

(4) 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) Part II does not apply to service—

(a) as a member of the Ministry of Defence Police, the British Transport Police, the Royal Parks Constabulary or the United Kingdom Atomic Energy Authority Constabulary;

(b) as a prison officer; or

(c) for purposes of a Minister of the Crown or government department having functions with respect to defence as a person who is or may be required by his terms of service to engage in fire fighting.

(6) Part II does not apply to service as a member of a fire brigade who is or may be required by his terms of service to engage in fire fighting.

(7) It is hereby declared (for the avoidance of doubt) that Part II does not apply to service in any of the naval, military or air forces of the Crown.

(8) In this section—

• “the 1947 Act” means the M6 Crown Proceedings Act 1947;

• “British Transport Police” means the constables appointed, or deemed to have been appointed, under section 53 of the M7 British Transport Commission Act 1949;

• “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;

• “fire brigade” means a fire brigade maintained in pursuance of the M8 Fire Services Act 1947;

• “Ministry of Defence Police” means the force established under section 1 of the M9 Ministry of Defence Police Act 1987;

• “prison officer” means a person who is a prison officer within the meaning of section 127 of the M10 Criminal Justice and Public Order Act 1994, apart from those who are custody officers within the meaning of Part I of that Act;

• “Royal Parks Constabulary” means the park constables appointed under the M11 Parks Regulation Act 1872;

• “service for purposes of a Minister of the Crown or government department” does not include service in any office for the time being mentioned in Schedule 2 (Ministerial offices) to the M12 House of Commons Disqualification Act 1975;

• “statutory body” means a body set up by or under an enactment;

• “statutory office” means an office so set up; and

• “United Kingdom Atomic Energy Authority Constabulary” means the special constables appointed under section 3 of the M13 Special Constables Act 1923 on the nomination of the United Kingdom Atomic Energy Authority.

Extent Information

E5 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Marginal Citations

M6 1947 c. 44.

M7 1949 c. xxix.

M8 1947 c. 41.

M9 1987 c. 4.

M10 1994 c. 33.

M11 1872 c. 15.

M12 1975 c. 24.

M13 1923 c. 11.

Valid from 03/07/2003

[F1 64A Police E+W+S

 

(1) For the purposes of Part 2, the holding of the office of constable shall be treated as employment—

(a) by the chief officer of police as respects any act done by him in relation to a constable or that office;

(b) by the police authority as respects any act done by them in relation to a constable or that office.

(2) For the purposes of section 58—

(a) the holding of the office of constable shall be treated as employment by the chief officer of police (and as not being employment by any other person); and

(b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.

(3) There shall be paid out of the police fund—

(a) any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under Part 2, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b) any sum required by a chief officer of police for the settlement of any claim made against him under Part 2 if the settlement is approved by the police authority.

(4) Any proceedings under Part 2 which, by virtue of subsection (1), would lie against a chief officer of police shall be brought against—

(a) the chief officer of police for the time being, or

(b) in the case of a vacancy in that office, against the person for the time being performing the functions of that office;

and references in subsection (3) to the chief officer of police shall be construed accordingly.

(5) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund—

(a) any compensation, costs or expenses awarded in proceedings under Part 2 of this Act against a person under the direction and control of the chief officer of police;

(b) any costs or expenses incurred and not recovered by such a person in such proceedings; and

(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(6) Subsections (1) and (2) apply to a police cadet and appointment as a police cadet as they apply to a constable and the office of constable.

(7) Subject to subsection (8), in this section—

• “chief officer of police”—

  (a)

  in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act 1996 F2 ,

  (b)

  in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997 F3 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad,

  (c)

  in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967 F4 , means the chief constable of the relevant police force,

  (d)

  in relation to any other person or appointment means the officer or other person who has the direction and control of the body of constables or cadets in question;

• “police authority”—

  (a)

  in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act 1996,

  (b)

  in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997, means the Service Authority for the National Criminal Intelligence Service or, as the case may be, the Service Authority for the National Crime Squad,

  (c)

  in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967, has the meaning given in that Act,

  (d)

  in relation to any other person or appointment, means the authority by whom the person in question is or on appointment would be paid;

• “police cadet” means any person appointed to undergo training with a view to becoming a constable;

• “police fund”—

  (a)

  in relation to a chief officer of police within paragraph (a) of the above definition of that term, has the same meaning as in the Police Act 1996,

  (b)

  in relation to a chief officer of police within paragraph (b) of that definition, means the service fund established under section 16 or (as the case may be) section 61 of the Police Act 1997, and

  (c)

  in any other case means money provided by the police authority;

• “specified Act” means the Metropolitan Police Act 1829 F5 , the City of London Police Act 1839 F6 or the Police Act 1996.

(8) In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.]

Textual Amendments

F1 S. 64A inserted (E.W.S.) (3.7.2003 for certain purposes, otherwise1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 25

F2 1996 c. 16.

F3 1997 c. 50.

F4 1967 c. 77.

F5 1829 c. 44.

F6 1839 c.xciv.

Valid from 21/02/2004

[F7 64B Other police bodies N.I.

(1) For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment –

(a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it;

(b) by the police authority as respects any act done by it in relation to that office or the holder of it;

(2) For the purposes of section 58 –

(a) the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and

(b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.

(3) There shall be paid out of the police fund –

(a) any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under Part II, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b) any sum required by a chief officer of police for the settlement of any claim made against him under Part II if the settlement is approved by the police authority.

(4) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund –

(a) any compensation, damages or costs awarded in proceedings under Part II against a person under the direction and control of the chief officer of police;

(b) any costs incurred and not recovered by such a person in such proceedings; and

(c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(5) A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in subsection (4).

(6) Subject to subsection (8), in this section –

• “chief officer of police” means –

  (a)

  in relation to the National Criminal Intelligence Service, the Director General of that Service;

  (b)

  in relation to any other body of constables, the person who has the direction and control of the body in question;

• “police authority” means –

  (a)

  in relation to the National Criminal Intelligence Service, the Service Authority for the National Criminal Intelligence Service;

  (b)

  in relation to any other body of constables, the authority by which the members of the body are paid;

• “police fund” means –

  (a)

  in relation to the National Criminal Intelligence Service, the service fund under section 16 of the Police Act 1997;

  (b)

  in relation to any other body of constables, money provided by the authority by which the members of the body are paid.

(7) Nothing in subsections (3) to (6) applies in relation to the police.

(8) In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.]

Textual Amendments

F7 S. 64A, 64B inserted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 25

Prospective

65 Application to Parliament. U.K.

(1) This Act applies to an act done by or for purposes of the House of Lords or the House of Commons as it applies to an act done by a private person.

(2) For the purposes of the application of Part II in relation to the House of Commons, the Corporate Officer of that House shall be treated as the employer of a person who is (or would be) a relevant member of the House of Commons staff for the purposes of section 139 of the M14 Employment Protection (Consolidation) Act 1978.

(3) Except as provided in subsection (4), for the purposes of the application of sections 19 to 21, the provider of services is—

(a) as respects the House of Lords, the Corporate Officer of that House; and

(b) as respects the House of Commons, the Corporate Officer of that House.

(4) Where the service in question is access to and use of any place in the Palace of Westminster which members of the public are permitted to enter, the Corporate Officers of both Houses jointly are the provider of that service.

(5) Nothing in any rule of law or the law or practice of Parliament prevents proceedings being instituted before an industrial tribunal under Part II or before any court under Part III.

Extent Information

E6 In the application of this Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 para. 45

Marginal Citations

M14 1978 c. 44.

Valid from 02/12/1996

66 Government appointments outside Part II. U.K.

(1) Subject to regulations under subsection (3), this section applies to any appointment made by a Minister of the Crown or government department to an office or post where Part II does not apply in relation to the appointment.

(2) In making the appointment, and in making arrangements for determining to whom the office or post should be offered, the Minister of the Crown or government department shall not act in a way which would contravene Part II if he or the department were the employer for the purposes of this Act.

(3) Regulations may provide for this section not to apply to such appointments as may be prescribed.

67 Regulations and orders. E+W+S

(1) Any power under this Act to make regulations or orders shall be exercisable by statutory instrument.

(2) Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.

(3) Any such power includes power—

(a) to make such incidental, supplemental, consequential or transitional provision as appears to the Secretary of State to be expedient; and

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

(4) No order shall be made under section 50(3) unless a draft of the statutory instrument containing the order has been laid before Parliament and approved by a resolution of each House.

(5) Any other statutory instrument made under this Act, other than one made under section 3(9), 52(8), 54(6) or 70(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory instrument but such an order shall be as capable of being amended or revoked as an order which is made by statutory instrument.

(7) Nothing in section 34(4), 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).

Extent Information

E7 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 46 and subsequent amendments

Modifications etc. (not altering text)

C1 S. 67(2)(3) applied (1.11.1996) by 1996 c. 56, s. 583(2)(5)(b) (with ss. 1(4), 561, 562, Sch. 39)

Commencement Information

I4 S. 67 wholly in force at 30.5.1996; s. 67 not in force at Royal Assent see s. 70(3); s. 67 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(i); s. 67 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(h)

67 Regulations and orders. N.I.

(1) Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(2) Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.

(3) Any such power, includes power—

(a) to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and

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

(4) No order shall be made under section 50(3) unless a draft of the order has been laid before and approved by a resolution of the Assembly.

(5) Any other order made under this Act, other than an order under section 3(9), 52(8), 54(6) or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

(6) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.

(7) Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule.

(8) Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).

Extent Information

E10 This version of this provision extends to Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 46 and subsequent amendments; a separate version has been created for England and Wales and Scotland only

Commencement Information

I4 S. 67 wholly in force at 30.5.1996; s. 67 not in force at Royal Assent see s. 70(3); s. 67 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(i); s. 67 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(h)

Valid from 05/12/2005

[F8 67A Exercise of discretion under section 67(5A) E+W+S

(1) Before the Secretary of State decides which of the parliamentary procedures available under section 67(5A) is to be adopted in connection with the making of any particular order under section 47(1), he must consult the Disabled Persons Transport Advisory Committee.

(2) An order under section 47(1) may be made without a draft of the instrument that contains it having been laid before, and approved by a resolution of, each House of Parliament only if—

(a) regulations under subsection (3) are in force; and

(b) the making of the order without such laying and approval is in accordance with the regulations.

(3) Regulations may set out the basis on which the Secretary of State, when he comes to make an order under section 47(1), will decide which of the parliamentary procedures available under section 67(5A) is to be adopted in connection with the making of the order.

(4) Before making regulations under subsection (3), the Secretary of State must consult—

(a) the Disabled Persons Transport Advisory Committee; and

(b) such other persons as he considers appropriate.]

Textual Amendments

F8 S. 67A inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {6(4)}, 20(3)-(6); S.I. 2005/2774, art. 3(d)

Valid from 05/12/2005

[F9 67B Annual report on rail vehicle exemption orders E+W+S

(1) The Secretary of State must after each 31st December prepare, in respect of the year that ended with that day, a report on—

(a) the exercise in that year of the power to make orders under section 47(1); and

(b) the exercise in that year of the discretion under section 67(5A).

(2) A report under subsection (1) must (in particular) contain—

(a) details of each order made under section 47(1) in the year in respect of which the report is made; and

(b) details of consultation carried out under sections 47(3) and 67A(1) in connection with orders made in that year under section 47(1).

(3) The Secretary of State must lay before each House of Parliament each report that he prepares under this section.]

Textual Amendments

F9 S. 67B inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {6(5)}, 20(3)-(6); S.I. 2005/2774, art. 3(d)

68 Interpretation. U.K.

(1) In this Act—

• “accessibility certificate” means a certificate issued under section 41(1)(a);

• “act” includes a deliberate omission;

• “approval certificate” means a certificate issued under section 42(4);

• “benefits”, in Part II, has the meaning given in section 4(4);

• “conciliation officer” means a person designated under section 211 of the M15 Trade Union and Labour Relations (Consolidation) Act 1992;

• “employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do any work, and related expressions are to be construed accordingly;

• “employment at an establishment in Great Britain” is to be construed in accordance with subsections (2) to (5);

• “enactment” includes subordinate legislation and any Order in Council;

• “licensing authority” means—

  (a)

  in relation to the area to which the M16 Metropolitan Public Carriage Act 1869 applies, the Secretary of State or the holder of any office for the time being designated by the Secretary of State; or

  (b)

  in relation to any other area in England and Wales, the authority responsible for licensing taxis in that area;

• “mental impairment” does not have the same meaning as in the M17 Mental Health Act 1983 or the M18 Mental Health (Scotland) Act 1984 but the fact that an impairment would be a mental impairment for the purposes of either of those Acts does not prevent it from being a mental impairment for the purposes of this Act;

• “Minister of the Crown” includes the Treasury;

• “occupational pension scheme” has the same meaning as in the M19 Pension Schemes Act 1993;

• “premises” includes land of any description;

• “prescribed” means prescribed by regulations;

• “profession” includes any vocation or occupation;

• “provider of services” has the meaning given in section 19(2)(b);

• “public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;

• “PSV accessibility regulations” means regulations made under section 40(1);

• “rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;

• “rail vehicle accessibility regulations” means regulations made under section 46(1);

• “regulations” means regulations made by the Secretary of State;

• “section 6 duty” means any duty imposed by or under section 6;

• “section 15 duty” means any duty imposed by or under section 15;

• “section 21 duty” means any duty imposed by or under section 21;

• “subordinate legislation” has the same meaning as in section 21 of the M20 Interpretation Act 1978;

• “taxi” and “regulated taxi” have the meaning given in section 32;

• “taxi accessibility regulations” means regulations made under section 32(1);

• “trade” includes any business;

• “trade organisation” has the meaning given in section 13;

• “vehicle examiner” means an examiner appointed under section 66A of the M21 Road Traffic Act 1988.

(2) Where an employee does his work wholly or mainly outside Great Britain, his employment is not to be treated as being work at an establishment in Great Britain even if he does some of his work at such an establishment.

(3) Except in prescribed cases, employment on board a ship, aircraft or hovercraft is to be regarded as not being employment at an establishment in Great Britain.

(4) Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in Great Britain.

(5) Where work is not done at an establishment it shall be treated as done—

(a) at the establishment from which it is done; or

(b) where it is not done from any establishment, at the establishment with which it has the closest connection.

Extent Information

E8 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I5 S. 68 wholly in force at 2.12.1996; s. 68 not in force at Royal Assent see s. 70(3); s. 68(1) in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(j); s. 68(1) in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(i); s. 68(2)-(5) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III ; s. 68(2)-(5) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

Marginal Citations

M15 1992 c. 52.

M16 1869 c. 115.

M17 1983 c. 20.

M18 1984 c. 36.

M19 1993 c. 48.

M20 1978 c. 30.

M21 1988 c. 52.

69 Financial provisions. U.K.

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown under this Act;

(b) any increase attributable to this Act in the sums payable out of money so provided under or by virtue of any other enactment.

Commencement Information

I6 S. 69 wholly in force at 30.5.1996; s. 69 not in force at Royal Assent see. s. 70(3); s. 69 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(k); s. 69 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(j)

70 Short title, commencement, extent etc. U.K.

(1) This Act may be cited as the Disability Discrimination Act 1995.

(2) This section (apart from subsections (4), (5) and (7)) comes into force on the passing of this Act.

(3) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different purposes.

(4) Schedule 6 makes consequential amendments.

(5) The repeals set out in Schedule 7 shall have effect.

(6) This Act extends to Northern Ireland, but in their application to Northern Ireland the provisions of this Act mentioned in Schedule 8 shall have effect subject to the modifications set out in that Schedule.

(7) In Part II of Schedule 1 to the M22 House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the M23 Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) in each case insert at the appropriate places—

“The National Disability Council.”

“The Northern Ireland Disability Council”

(8) Consultations which are required by any provision of this Act to be held by the Secretary of State may be held by him before the coming into force of that provision.

Extent Information

E9 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Subordinate Legislation Made

P1 S. 70(3) power partly exercised: 1.1.1996 appointed day for specified provisions by S.I. 1995/3330, art. 2

S. 70(3) power partly exercised: 2.1.1996 appointed day for specified provisions by S.R. 1996/1, art. 2

S. 70(3) power partly exercised: 17.5.1996 appointed day for specified provisions by S.I. 1996/1336, art. 3

S. 70(3) power partly exercised: 30.5.1996 appointed day for specified provisions by S.R. 1996/219, art. 3

S. 70(3) power partly exercised: different days appointed for specified provisions by S.I. 1996/1474, art. 2

S. 70(3) power partly exercised: different days appointed for specified provisions by S.R. 1996/280, art. 2

S. 70(3) power partly exercised: 2.12.1996 appointed day for specified provision by S.R. 1996/580, art. 2

S. 70(3) power partly exercised: different dates appointed for specified provisions by S.I. 1999/1190, arts. 2-5

S. 70(3) power partly exercised: different days appointed for specified provisions by S.R. 1999/196, arts. 2-4

S. 70(3) power partly exercised: 13.5.1998 appointed day for specified provisions by S.R. 1998/183, art. 2

S. 70(3) power partly exercised: 30.8.2000 appointed for specified provisions by S.I. 2000/1969, art. 2

S. 70(3) power partly exercised: different dates appointed for specified provisions and purposes by S.I. 2000/2989, arts. 2, 3

S. 70(3) power partly exercised: different dates appointed for specified provisions and purposes by S.R. 2001/163, art. 2

S. 70(3) power partly exercised: different dates appointed for specified provisions by S.I. 2001/2030, arts. 2, 3

S. 70(3) power partly exercised: different dates appointed for specified purposes by S.R. 2001/439, art. 2(1)

s. 70(3) power partly exercised: 21.1.2003 appointed day for specified provisions by S.R. 2003/24, art. 2

s. 70(3) power partly exercised: 5.2.2003 appointed day for specified provision by S.I. 2003/215, art. 2

s. 70(3) power partly exercised: 6.4.2005 appointed day for specified provision by S.I. 2005/1122, art. 2

s. 70(3) power partly exercised: 3.6.2008 appointed day for specified provision by S.R. 2008/236, art. 2

s. 70(3) power partly exercised:18.9.2015 appointed day for specified provision by S.R. 2015/333, art. 2

Modifications etc. (not altering text)

C2 S. 70(3) applied (1.11.1996) by 1996 c. 56, s. 583(2), 583(5)(b) (with ss. 1(4), 561, 562, Sch. 39)

Commencement Information

I7 S. 70 partly in force at Royal Assent see s. 70(2)(3); S. 70(7) in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(l); s. 70(7) in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(k); s. 70(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 70(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 70(5) in force for specified purposes (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III (with s. 3); s. 70(5) in force for specified purposes (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II (with art. 3)

Marginal Citations

M22 1975 c. 24.

M23 1975 c. 25.