The Disability Discrimination Code of Practice (Trade Organisations and Qualifications Bodies) (Revocation) Order 2008

Statutory Instruments

2008 No. 1336

Disabled Persons

The Disability Discrimination Code of Practice (Trade Organisations and Qualifications Bodies) (Revocation) Order 2008

Made

22nd May 2008

Laid before Parliament

29th May 2008

Coming into force

23rd June 2008

The Lord Privy Seal, in exercise of the powers conferred by sections 42(3)(a) and (5) and 39(2)(c) of the Equality Act 2006(1), and at the request of the Commission for Equality and Human Rights, makes the following Order:

Citation and commencement

1.  This Order may be cited as the Disability Discrimination Code of Practice (Trade Organisations and Qualifications Bodies) (Revocation) Order 2008 and comes into force on 23rd June 2008.

Revocation

2.  Subject to article 3, the Disability Discrimination Act 1995 Code of Practice for Trade Organisations and Qualifications Bodies (ISBN 0-11-703418-5) referred to in the Disability Discrimination Codes of Practice (Employment and Occupation, and Trade Organisations and Qualifications Bodies) Appointed Day Order 2004(2) is revoked.

Transitional provision

3.  The Code of Practice referred to in article 2 is to continue to have effect for the purposes of section 15(4)(b) of the Equality Act 2006 to the extent that any proceedings (whenever commenced) relate to a complaint alleging that a person has, before 23rd June 2008, committed an act of unlawful discrimination under Part 2 of the Disability Discrimination Act 1995(3).

Signed by authority of the Lord Privy Seal

Barbara Follett

Parliamentary Secretary

Government Equalities Office

22nd May 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes, with effect from 23rd June 2008, the Disability Discrimination Act 1995 Code of Practice for Trade Organisations and Qualifications Bodies (ISBN 0-11-703418-5) (“the Code”), which was issued by the Disability Rights Commission under section 53A of the Disability Discrimination Act 1995 (“the 1995 Act”), and came into effect on 1st October 2004 (S.I. 2004/2302).

Article 3 of this Order makes transitional provision for proceedings under Part 2 of the 1995 Act to the extent they relate to events taking place before 23rd June 2008 and have not been determined by that date. The Code is to continue to have effect in relation to such proceedings for the purposes of section 15(4)(b) of the Equality Act 2006, which requires a court or tribunal to take into account any provision of a code of practice which appears to it to be relevant.

A new code of practice was issued by the Commission for Equality and Human Rights (which has replaced the Disability Rights Commission as the body responsible for issuing codes of practice in connection with matters addressed by the 1995 Act) on 16th May 2008 entitled “Disability Discrimination Act 1995 Revised Code of Practice: Trade Organisations, Qualifications Bodies and General Qualifications Bodies” (ISBN 978-1-84206-049-0) and is to come into force on 23rd June 2008 pursuant to the Disability Discrimination Code of Practice (Trade Organisations, Qualifications Bodies and General Qualifications Bodies) (Commencement) Order 2008 (S.I. 2008/1335).

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2006 c. 3.

(2)

S.I. 2004/2302.

(3)

1995 c. 50.