Disability Discrimination Act 2005

Public authorities E+W+S

F1 1 Councillors and members of the Greater London Authority E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Commencement Information

I1 S. 1 wholly in force at 4.12.2006; s. 1 not in force at Royal Assent see s. 20(3); s. 1 in force for certain purposes at 5.12.2005 by S.I. 2005/2774, art. 3(a); s. 1 fully in force at 4.12.2006 by S.I. 2005/2774, art. 4(a)

F1 2 Discrimination by public authorities E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Commencement Information

I2 S. 2 wholly in force at 4.12.2006; s. 2 not in force at Royal Assent see s. 20(3); s. 2 in force for certain purposes at 30.6.2005 by S.I. 2005/1676, art. 2(2)(a); s. 2 fully in force at 4.12.2006 by S.I. 2005/2774, art. 4(a)

3 Duties of public authorities E+W+S

In the 1995 Act, after section 49 there is inserted—

“Part 5A E+W+S Public authorities

49A General duty

(1) Every public authority shall in carrying out its functions have due regard to—

(a) the need to eliminate discrimination that is unlawful under this Act;

(b) the need to eliminate harassment of disabled persons that is related to their disabilities;

(c) the need to promote equality of opportunity between disabled persons and other persons;

(d) the need to take steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons;

(e) the need to promote positive attitudes towards disabled persons; and

(f) the need to encourage participation by disabled persons in public life.

(2) Subsection (1) is without prejudice to any obligation of a public authority to comply with any other provision of this Act.

49B Meaning of “public authority” in Part 5A

(1) In this Part “public authority”—

(a) includes any person certain of whose functions are functions of a public nature; but

(b) does not include—

(i) any person mentioned in section 21B(3);

(ii) the Scottish Parliament; or

(iii) a person, other than the Scottish Parliamentary Corporate Body, exercising functions in connection with proceedings in the Scottish Parliament.

(2) In relation to a particular act, a person is not a public authority by virtue only of subsection (1)(a) if the nature of the act is private.

(3) Regulations may provide for a person of a prescribed description to be treated as not being a public authority for the purposes of this Part.

49C Exceptions from section 49A(1)

(1) Section 49A(1) does not apply to—

(a) a judicial act (whether done by a court, tribunal or other person); or

(b) an act done on the instructions, or on behalf, of a person acting in a judicial capacity.

(2) Section 49A(1) does not apply to any act of, or relating to, making or approving an Act of Parliament, an Act of the Scottish Parliament or an Order in Council.

(3) Section 49A(1)(c) and (d) do not apply to—

(a) an act done in connection with recruitment to any of the naval, military or air forces of the Crown; or

(b) an act done in relation to a person in connection with service by him as a member of any of those forces.

(4) Regulations may provide for section 49A(1)(a), (b), (c) or (d) not to apply to an act of a prescribed description.

49D Power to impose specific duties

(1) The Secretary of State may by regulations impose on a public authority, other than a relevant Scottish authority or a cross-border authority, such duties as the Secretary of State considers appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1).

(2) The Secretary of State may by regulations impose on a cross-border authority such duties as the Secretary of State considers appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1) so far as relating to such of its functions as are not Scottish functions.

(3) The Scottish Ministers may by regulations impose on a relevant Scottish authority such duties as the Scottish Ministers consider appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1).

(4) The Scottish Ministers may by regulations impose on a cross-border authority such duties as the Scottish Ministers consider appropriate for the purpose of ensuring the better performance by that authority of its duty under section 49A(1) so far as relating to its Scottish functions.

(5) Before making regulations under any of subsections (1) to (4), the person making the regulations shall consult the Disability Rights Commission.

(6) Before making regulations under subsection (1) or (2) in relation to functions exercisable in relation to Wales by a public authority that is not a relevant Welsh authority, the Secretary of State shall consult the National Assembly for Wales.

(7) The Secretary of State shall not make regulations under subsection (1) or (2) in relation to a relevant Welsh authority except with the consent of the National Assembly for Wales.

(8) Before making regulations under subsection (2), the Secretary of State shall consult the Scottish Ministers.

(9) Before making regulations under subsection (4), the Scottish Ministers shall consult the Secretary of State.

(10) In this section—

“relevant Scottish authority” means—

(a) a member of the Scottish executive or a junior Scottish Minister;

(b) the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland or the Keeper of the Records of Scotland;

(c) any office of a description specified in an Order in Council under section 126(8)(b) of the Scotland Act 1998 (other non-ministerial office in the Scottish Administration); or

(d) a public body, public office or holder of a public office—

(i) which (or who) is not a cross-border authority or the Scottish Parliamentary Corporate Body;

(ii) whose functions are exercisable only in or as regards Scotland; and

(iii) some at least of whose functions do not (within the meaning of the Scotland Act 1998) relate to reserved matters;

“cross-border authority” means a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998;

“Scottish functions” means functions which are exercisable in or as regards Scotland and which do not (within the meaning of the Scotland Act 1998) relate to reserved matters;

“relevant Welsh authority” means—

(a) the National Assembly for Wales; or

(b) a public authority whose functions are exercisable only in relation to Wales.

49E Duties under section 49D: compliance notices

(1) Where the Disability Rights Commission is satisfied that a public authority has failed to comply with, or is failing to comply with, a duty imposed on it by regulations under section 49D, the Commission may serve a notice on it.

(2) The following provisions of this section apply to a notice served on an authority under subsection (1).

(3) The notice shall require the authority—

(a) to comply with the duty concerned; and

(b) to furnish the Commission, by the end of the period of 28 days beginning with the day on which the notice is served, with details of the steps that it has taken, or is taking, to comply with the duty.

(4) The notice may also require the authority to furnish the Commission with other information specified in the notice if the Commission reasonably requires the information in order to verify that the duty has been complied with.

(5) The notice shall specify the time by which the authority is to furnish information which it is required to furnish under subsection (4).

(6) A time specified under subsection (5) shall not be later than the end of the three months beginning with the day on which the notice is served.

(7) The notice may specify the manner and form in which the authority is to furnish information which the notice requires it to furnish to the Commission.

(8) The notice shall not require the authority—

(a) to furnish information which it could not be compelled to furnish in evidence in civil proceedings before the High Court; or

(b) to furnish information which it could not be compelled to furnish in evidence in civil proceedings before the Court of Session.

49F Enforcement of compliance notices

(1) If—

(a) a public authority on which a notice has been served under section 49E fails to furnish the Disability Rights Commission, in accordance with the notice, with any information required by the notice, or

(b) the Commission has reasonable cause to believe that a public authority on which a notice has been served under section 49E does not intend to furnish the information required by the notice,

the Commission may apply to a county court or, in Scotland, the sheriff for an order requiring the authority to furnish any information required by the notice.

(2) If on an application under subsection (1) the court is satisfied that either of the conditions specified in paragraphs (a) and (b) of that subsection is met, the court may grant the order in the terms applied for or in more limited terms.

(3) If—

(a) the period of three months beginning with the day on which a notice is served on a public authority under section 49E has ended,

(b) the notice required the authority to comply with a duty imposed on it by regulations under section 49D, and

(c) the Commission considers that the authority has not complied with the duty,

the Commission may apply to a county court or, in Scotland, the sheriff for an order requiring the authority to comply with the duty.

(4) If on an application under subsection (3) the court is satisfied—

(a) that the conditions specified in paragraphs (a) and (b) of that subsection are met, and

(b) that the authority has not complied with the duty,

the court may grant the order in the terms applied for or in more limited terms.

(5) The sanctions in section 49E and this section shall be the only sanctions for breach of any duty imposed by regulations under section 49D, but without prejudice to the enforcement of any other provision of this Act (where the breach is also a contravention of that provision).”

Commencement Information

I3 S. 3 wholly in force at 4.12.2006; s. 3 not in force at Royal Assent see s. 20(3); s. 3 in force for certain purposes at 30.6.2005 by S.I. 2005/1676, art. 2(2)(b); s. 3 in force for certain purposes at 5.12.2005 by S.I. 2005/2774, art. 3(b); s. 3 fully in force at 4.12.2006 by S.I. 2005/2774, art. 4(a)

F1 4 Police E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Transport E+W+S

F1 5 Application of sections 19 to 21 of the 1995 Act to transport vehicles E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F1 6 Rail vehicles: application of accessibility regulations E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Commencement Information

I4 S. 6 partly in force; s. 6 not in force at Royal Assent see s. 20(3); s. 6(3)-(5) in force for certain purposes at 5.12.2005 by S.I. 2005/2774, art. 3(d)

Prospective

7 Rail vehicles: accessibility compliance certificates E+W+S

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Prospective

8 Rail vehicles: enforcement and penalties E+W+S

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9 Recognition of disabled persons' badges issued outside Great Britain E+W

In the Chronically Sick and Disabled Persons Act 1970 (c. 44), after section 21 there is inserted—

“21A Recognition of badges issued outside Great Britain

(1) For the purposes of this section and section 21B, a “recognised badge” means—

(a) a badge issued under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978, or any provision replacing that section, as from time to time amended, or

(b) a badge issued under provisions of the law of any jurisdiction outside the United Kingdom that are specified in regulations made by the appropriate national authority.

(2) In exercising the power under subsection (1)(b), the appropriate national authority may specify a provision only if it appears to the authority that badges issued under the provision are issued by reference to persons who are, or include, disabled persons.

(3) A recognised badge may be displayed on a motor vehicle only in such circumstances and in such manner as may be prescribed by regulations made by the appropriate national authority.

(4) A person who drives a motor vehicle on a road (within the meaning of the Road Traffic Act 1988) at a time when a badge purporting to be a recognised badge is displayed on the vehicle is guilty of an offence unless the badge is a recognised badge and is displayed in accordance with regulations made under subsection (3).

(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be a recognised badge, he may require any person who—

(a) is in the vehicle, or

(b) appears to have been in, or to be about to get into, the vehicle,

to produce the badge for inspection.

(7) The power conferred on an enforcement officer by subsection (6) is exercisable only for purposes connected with the discharge of his functions in relation to a stationary vehicle.

(8) A person who without reasonable excuse fails to produce a badge when required to do so under subsection (6) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) In this section “enforcement officer” has the meaning given by section 21(4BB).

21B Recognised badges treated as badges under section 21 for certain purposes

(1) The concessions mentioned in subsection (2) shall apply in respect of vehicles lawfully displaying a recognised badge as they apply in respect of vehicles lawfully displaying a badge issued under section 21.

(2) The concessions are—

(a) any exemption from an order under the Road Traffic Regulation Act 1984 given by reference to vehicles lawfully displaying a badge issued under section 21;

(b) any provision made in an order under that Act for the use of a parking place by such vehicles.

(3) The appropriate national authority may by regulations provide that recognised badges are to be treated, for purposes specified in the regulations, as if they were badges issued under section 21.

21C Sections 21A and 21B: regulations and interpretation

(1) Any power to make regulations under section 21A or 21B—

(a) is exercisable by statutory instrument, and

(b) includes power—

(i) to make different provision for different cases, and

(ii) to make incidental, supplementary, transitional or consequential provision.

(2) A statutory instrument containing regulations made under section 21A or 21B by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In sections 21A and 21B, “appropriate national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the National Assembly for Wales.”

Commencement Information

I5 S. 9 wholly in force at 30.3.2008; s. 9 not in force at Royal Assent see s. 20(3); s. 9 in force for E. at 30.6.2005 by S.I. 2005/1676, art. 3(a); s. 9 in force for W. at 30.3.2008 by S.I. 2007/3285, art. 2(a)

Other matters E+W+S

F1 10 Discriminatory advertisements E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F1 11 Group insurance E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F1 12 Private clubs etc. E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Commencement Information

I6 S. 12 wholly in force at 5.12.2005; s. 12 not in force at Royal Assent see s. 20(3); s. 12 in force for certain purposes at 30.6.2005 by S.I. 2005/1676, art. 2(2)(c); s. 12 in force for certain purposes at 10.10.2005 by S.I. 2005/2774, art. 2(a); s. 12 fully in force at 5.12.2005 by S.I. 2005/2774, art. 3(g)

F1 13 Discrimination in relation to letting of premises E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Commencement Information

I7 S. 13 wholly in force at 4.12.2006; s. 13 not in force at Royal Assent see s. 20(3); s. 13 in force for certain purposes at 30.6.2005 by S.I. 2005/1676, art. 2(2)(d); s. 13 fully in force at 4.12.2006 by S.I. 2005/2774, art. 4(b)

F1 14 Power to modify or end small dwellings exemptions E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

F1 15 General qualifications bodies E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Commencement Information

I8 S. 15 wholly in force at 1.9.2007; s. 15 not in force at Royal Assent see s. 20(3); s. 15 in force for certain purposes at 11.6.2007 by S.I. 2007/1555, art. 2; s. 15 fully in force at 1.9.2007 by S.I. 2007/1555, art. 3(a)

F1 16 Improvements to let dwelling houses E+W

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Commencement Information

I9 S. 16 wholly in force at 4.12.2006; s. 16 not in force at Royal Assent see s. 20(3); s. 16(2) in force at 30.6.2005 by S.I. 2005/1676, art. 2(1)(b); s. 16 fully in force at 4.12.2006 by S.I. 2005/2774, art. 4(d)

F1 17 Generalisation of section 56 of the 1995 Act in relation to Part 3 claims E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Commencement Information

I10 S. 17 wholly in force at 4.12.2006; s. 17 not in force at Royal Assent see s. 20(3); s. 17 in force for certain purposes at 30.6.2005 by S.I. 2005/1676, art. 2(2)(e); s. 17 in force for certain purposes at 5.12.2005 by S.I. 2005/2774, art. 3(h); s. 17 fully in force at 4.12.2006 by S.I. 2005/2774, art. 4(e)

F1 18 Meaning of “disability” E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Commencement Information

I11 S. 18 wholly in force at 5.12.2005; s. 18 not in force at Royal Assent see s. 20(3); s. 18 in force for certain purposes at 30.6.2005 by S.I. 2005/1676, art. 2(2)(f); s. 18 fully in force at 5.12.2005 by S.I. 2005/2774, art. 3(i)

Supplementary E+W+S

F1 19 Minor and consequential amendments and repeals and revocation E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Commencement Information

I12 S. 19 partly in force; s. 19 not in force at Royal Assent see s. 20(3); s. 19(1)(2) in force for certain purposes at 30.6.2005 by S.I. 2005/1676, art 2(1)(c)(d)(2)(g); s. 19(1)(2) in force for E. for certain purposes at 30.6.2005 by S.I. 2005/1676, art. 3(b)(c); s. 19(1) in force for certain purposes at 10.10.2005 by S.I. 2005/2774, art. 2(b); s. 19(1)(2) in force for certain purposes at 5.12.2005 by S.I. 2005/2774, art. 3(j)(k); s. 19(1)(2) in force for certain purposes at 4.12.2006 by S.I. 2005/2774, art. 4(f)(g); s. 19(1) in force for certain purposes at 1.9.2007 by S.I. 2007/1555, art. 3(b); s. 19(1)(2) in force for W. for certain purposes at 30.3.2008 by S.I. 2007/3285, art. 2(b)(c)

F1 20 Short title, interpretation, commencement and extent E+W+S

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Textual Amendments

F1 Act repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)