Disability Discrimination Act 1995

[F5 16B Discriminatory advertisements E+W+S

 ]

[F6 (1) It is unlawful for a person to publish or cause to be published an advertisement which—

(a) invites applications for a relevant appointment or benefit; and

(b) indicates, or might reasonably be understood to indicate, that an application will or may be determined to any extent by reference to—

(i) the applicant not having any disability, or any particular disability,

(ii) the applicant not having had any disability, or any particular disability, or

(iii) any reluctance of the person determining the application to comply with a duty to make reasonable adjustments or (in relation to employment services) with the duty imposed by section 21(1) as modified by section 21A(6).]

(2) Subsection (1) does not apply where it would not in fact be unlawful under this Part or, to the extent that it relates to the provision of employment services, Part 3 for an application to be determined in the manner indicated (or understood to be indicated) in the advertisement.

[F7 (2A) A person who publishes an advertisement of the kind described in subsection (1) shall not be subject to any liability under subsection (1) in respect of the publication of the advertisement if he proves—

(a) that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful; and

(b) that it was reasonable for him to rely on the statement.

(2B) A person who knowingly or recklessly makes a statement such as is mentioned in subsection (2A)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

[F8 (2C) Subsection (1) does not apply in relation to an advertisement so far as it invites persons to apply, in their capacity as members of an authority to which sections 15B and 15C apply, for a relevant appointment or benefit which the authority is intending to make or confer.]

(3) In [F9 ;this section], “relevant appointment or benefit” means—

(a) any employment, promotion or transfer of employment;

(b) membership of, or a benefit under, an occupational pension scheme;

(c) an appointment to any office or post to which section 4D applies;

(d) any partnership in a firm (within the meaning of section 6A);

(e) any tenancy or pupillage (within the meaning of section 7A or 7C);

(f) any membership of a trade organisation (within the meaning of section 13);

(g) any professional or trade qualification (within the meaning of section 14A);

(h) any work placement (within the meaning of section 14C);

(i) any employment services F10 . . . .

(4) In this section, “advertisement” includes every form of advertisement or notice, whether to the public or not.

[F11 (5) Proceedings in respect of a contravention of subsection (1) may be brought only—

(a) by the Commission for Equality and Human Rights, and

(b) in accordance with section 25 of the Equality Act 2006.]

Extent Information

E1 This section extends to England, Wales and Scotland only; a separate s. 16B exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F5 Ss. 16A-16C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 15(1)

F6 S. 16B(1) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 10(1)(2), 20(3)-(6); S.I. 2005/2774, art. 3(j)

F7 S. 16B(2A)(2B) inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 10(1)(3), 20(3)-(6); S.I. 2005/2774, art. 3(j)

F8 S. 16B(2C) inserted (E.W.S.) (5.12.2005 for certain purposes and 4.12.2006 otherwise) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 8(1)(2); S.I. 2005/2774, arts. 3(j), 4(f)

F9 Words in s. 16B(3) substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 10(1)(4), 20(3)-(6); S.I. 2005/2774, art. 3(j)

F10 Words in s. 16B(3)(i) repealed (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19, 20(3)-(6), Sch. 1 para. 8(1)(3), Sch. 2; S.I. 2005/2774, art. 3(j)(k)

F11 S. 16B(5) added (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 42; S.I. 2007/2603, art. 2

[F4 16B Discriminatory advertisements N.I.

[F12 (1) It is unlawful for a person to publish or cause to be published an advertisement which—

(a) invites applications for a relevant appointment or benefit; and

(b) indicates, or might reasonably be understood to indicate, that an application will or may be determined to any extent by reference to—

(i) the applicant not having any disability, or any particular disability,

(ii) the applicant not having had any disability, or any particular disability, or

(iii) any reluctance of the person determining the application to comply with a duty to make reasonable adjustments or (in relation to employment services) with the duty imposed by section 21(1) as modified by section 21A(6).]

(2) Subsection (1) does not apply where it would not in fact be unlawful under this Part or, to the extent that it relates to the provision of employment services, Part III for an application to be determined in the manner indicated (or understood to be indicated) in the advertisement.

[F13 (2A) A person who publishes an advertisement of the kind described in subsection (1) shall not be subject to any liability under subsection (1) in respect of the publication of the advertisement if he proves—

(a) that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful; and

(b) that it was reasonable for him to rely on the statement.

(2B) A person who knowingly or recklessly makes a statement such as is mentioned in subsection (2A)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

[F14 (2C) Subsection (1) does not apply in relation to an advertisement so far as it invites persons to apply in their capacity as members of a district council, for a relevant appointment or benefit which the council is intending to make or confer.]

(3) In [F15 this section], “relevant appointment or benefit” means –

(a) any employment, promotion or transfer of employment;

(b) membership of, or a benefit under, an occupational pension scheme;

(c) an appointment to any office or post to which section 4D applies;

(d) any partnership in a firm (within the meaning of section 6A);

(e) any pupillage (within the meaning of section 7A);

(f) any membership of a trade organisation (within the meaning of section 13);

(g) any professional or trade qualification (within the meaning of section 14A);

(h) any work placement (within the meaning of section 14C);

(i) any employment services F16 . . . .

(4) In this section, “advertisement” includes every form of advertisement or notice, whether to the public or not.]

Extent Information

E2 This section extends to Northern Ireland only; a separate s. 16B for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F12 S. 16B(1) substituted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, {11(1)}; S.R. 2007/466, art. 2(2)(e)

F13 S. 16B(2A)(2B) inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, {11(2)}; S.R. 2007/466, art. 2(2)(e)

F14 S. 16B(2C) inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 8(2)}; S.R. 2007/466, art. 2(2)(l)

F15 Words in s. 16B(3) substituted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, {11(3)}; S.R. 2007/466, art. 2(2)(l)

F16 Words in s. 16B(3)(i) repealed (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 8(3), {Sch. 2}; S.R. 2007/466, art. 2(2)(l)(n)