Disability Discrimination Act 1995

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

(1) It is unlawful for a provider of services to discriminate against a disabled person—

(a) in refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public;

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

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

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

(2) For the purposes of this section and sections 20 [F1 to 21ZA]—

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

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

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

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

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

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

(c) access to and use of information services;

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

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

(f) facilities for entertainment, recreation or refreshment;

(g) facilities provided by employment agencies or under section 2 of the M1 Employment and Training Act 1973;

(h) the services of any profession or trade, or any local or other public authority.

(4) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

[F2 (5) Regulations may provide for subsection (1) and section 21(1), (2) and (4) not to apply, or to apply only to a prescribed extent, in relation to a service of a prescribed description.]

[F3 (5A) Nothing in this Part applies to the provision of a service in relation to which discrimination is made unlawful by section 28A, 28F or 28R.]

(6) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

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

Textual Amendments

F1 Words in s. 19(2) substituted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 13(2); S.I. 2005/1676, {art. 2 (1)(c)}

F2 S. 19(5) subsituted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 13(3); S.I. 2005/1676, {art. 2 (1)(c)}

F3 S. 19(5A) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(6) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F4 S. 19(6) repealed (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(5)(b), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Commencement Information

I1 S. 19 wholly in force at 1.10.1999; s. 19 not in force at Royal Assent see s. 70(3); s. 19(5)(c) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 19(5)(c) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I s.19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 19(1)(b) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(c); s. 19(1)(b) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(c)

Marginal Citations

M1 1973 c. 50.

19 Discrimination in relation to goods, facilities and services. N.I.

(1) It is unlawful for a provider of services to discriminate against a disabled person—

(a) in refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public;

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

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

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

(2) For the purposes of this section and sections 20 and 21—

(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 [F5 sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950];

(h) the services of any profession or trade, or any local or other public authority.

(4) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

(5) Except in such circumstances as may be prescribed, this section and [F6 sections 20 to 21A ] do not apply to—

[F7 (a) education which is funded, or secured, by a relevant body or provided at—

(i) an establishment which is funded by such a body or by the Department of Education for Northern Ireland; or

(ii) any other establishment which is a school within the meaning of the Education and Libraries (Northern Ireland) Order 1986;]

[F8 (aa) education which is provided by an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992);

(ab) education which is provided by such establishments as may be specified by the Secretary of State by order;]

(b) any service so far as it consists of the use of any means of transport; or

(c) such other services as may be prescribed.

[F9 (6) In subsection (5) “relevant body” means—

(a) an education and library board;

(b) a voluntary organisation; or

(c) a body of a prescribed kind.]

Extent Information

E2 This version of this provision extends to Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 9 and any subsequent amendments; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F5 Words in s. 19(3)(g) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 9(1) of this Act

F6 Words in s. 19(5) substituted (N.I.) for "sections 20 and 21" (21.2.2004 for certain purposes and 1.10.2004 insofar as not yet in force) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {19(2)}

F7 S. 19(5)(a) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 9(2) of this Act

F8 S. 19(5)(aa)(ab) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 49 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3)

F9 S. 19(6) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 9(3) of this Act

Commencement Information

I1 S. 19 wholly in force at 1.10.1999; s. 19 not in force at Royal Assent see s. 70(3); s. 19(5)(c) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 19(5)(c) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I s.19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 19(1)(b) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(c); s. 19(1)(b) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(c)