Disability Discrimination Act 1995

Valid from 30/06/2006

[F1 Part 2 E+W+S Modifications for Scotland – Further Education]

Textual Amendments

F1 Sch. 4C substituted (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1(2)(3), 21

13 The following is substituted for section 28R—

“28R Further education etc provided by education authorities in Scotland

 

(1) Subsections (2) and (3) apply to any course of further education secured by an education authority.

(2) It is unlawful for the education authority to discriminate against a disabled person—

(a) in the arrangements they make for determining who should be enrolled on the course;

(b) in the terms on which they offer to enrol him on the course; or

(c) by refusing or deliberately omitting to accept an application for his enrolment on the course.

(3) It is unlawful for the education authority to discriminate against a disabled person who has enrolled on the course in the services which they provide or offer to provide.

(4) It is unlawful for the education authority to subject to harassment a disabled person who—

(a) seeks enrolment on a course offered by that authority,

(b) is enrolled on a course offered by that authority, or

(c) is a user of services provided by that authority.

(5) “Services“, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course.

(6) In this Chapter —

• “Responsible body” means an education authority;

• “Further education” has the meaning given in section 1(5) of the Education (Scotland) Act 1980;

• “Education authority” has the meaning given in section 135(1) of that Act.”.

14 Subsections (1A) to (1D) of section 28T are omitted and the following subsection is substituted for subsection (1) of that section—

“(1) Each responsible body must take such steps as it is reasonable for it to have to take to ensure that—

(a) in relation to its arrangements for enrolling persons on a course of further education provided by it, and

(b) in relation to services provided or offered by it,

disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled.”.

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

16 In section 28W(1)(a) for “by an educational institution” there is substituted “ by a responsible body wholly or partly for the purpose of its functions ”.

17 Section 31A is omitted.