The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement (in Great Britain) the provisions of Council Directive 2000/78/EC (OJ No. L 303, 2.12.2000, p.16), establishing a general framework for equal treatment in employment and occupation (“the Directive”), so far as it relates to disability discrimination but only insofar as the Directive’s obligations impact upon Chapter 2 of Part 4 of the Disability Discrimination Act 1995 (c. 50) (“the Act”). The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), which came into force on 1^st October 2004, implemented the Directive’s obligations with respect to Parts 2 and 3 of the Act.

New section 28R(3A) of the Act prohibits discrimination as regards the conferment of qualifications by educational institutions or the arrangements made for the purpose of conferring such qualifications. (Regulation 5).

The institutions made subject to duties under Chapter 2 of Part 4 of the Act must be determined by reference to Schedule 4B and 4C of that Act.

New sections 28R(3B) and 28SA prohibit harassment by relevant institutions and define what harassment means. (Regulation 5 and 7).

New section 28S(2) imposes a duty to make reasonable adjustments. The extent and meaning of that duty is set out in new sections 28T(1) to (1D). (Regulation 6 and 8).

New sections 28S(5) to (11) amend the definition of “discrimination” and set out the ambit of the justification defence for an act which constitutes discrimination. (Regulation 6).

New sections 28S(9) and (10) prohibit direct discrimination and define what that term means.

New section 28UA prohibits discrimination and harassment and imposes duties to make reasonable adjustments in relationships which have come to an end, and new section 28UB prohibits instructions and pressure to discriminate. (Regulations 12 &13).

New section 28UC prohibits publishing discriminatory advertisements (Regulation 14).

Enforcement of sections 28UB and 28UC will be in accordance with section 25 of the Equality Act 2006, and until that provision comes into force, new sections 28VA and 28VB set out the transitional enforcement procedure for those sections. 28UB and 28UC, until section 25 of the Equality Act 2006 comes into force (Regulations 22 and 23).

New section 28V(1A) makes provision for the burden of proof in proceedings brought under Chapter 2 and these Regulations also include transitional provisions concerning the burden of proof. (Regulation 3 and 15).

Part 6 of these Regulations substitutes a new Schedule 4C into the Act to implement the Directive’s obligations with respect to further and higher education provided by local education authorities and, in Scotland, further education provided by education authorities.

These Regulations make provision for commencement on the day after they are made so far as enabling anything to be done for the purposes of preparing and bringing into force on or after 1^st September 2006 a code of practice under section 53A of the 1995 Act concerning any provisions of that Act as it will have effect on or after that date by virtue of these Regulations. Otherwise, the Regulations come into force on 1^st September 2006. (Regulation 1).

A copy of the Transposition Note in relation to the implementation of the Directive for Chapter 2 of Part 4 of the Act may be obtained from Equality and Diversity Unit, Department for Education and Skills, Caxton House, 6-12 Tothill Street, London, SW1H 9NA; and a copy has also been placed in the library of each house of Parliament.