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Disability Discrimination Act 1995

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Part IE+W+S+N.I. Disability

1 Meaning of “disability” and “disabled person”.E+W+S+N.I.

(1)Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

(2)In this Act “disabled person” means a person who has a disability.

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Commencement Information

I1S. 1 wholly in force at 30.5.1996; s. 1 not in force at Royal Assent see. s. 70(3); s. 1 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(a); s. 1 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(a)

2 Past disabilities.E+W+S+N.I.

(1)The provisions of this Part and Parts II [F1to 4] apply in relation to a person who has had a disability as they apply in relation to a person who has that disability.

(2)Those provisions are subject to the modifications made by Schedule 2.

(3)Any regulations or order made under this Act may include provision with respect to persons who have had a disability.

(4)In any proceedings under Part II [F2, 3 or 4] of this Act, the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act in force when the act complained of was done had been in force at the relevant time.

(5)The relevant time may be a time before the passing of this Act.

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Amendments (Textual)

F1S. 2(1): words “to 4” substituted for words “and III” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(2)(a) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F2S. 2(4): words “, 3 or 4” substituted for words “or Part III” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(2)(b) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Commencement Information

I2S. 2 wholly in force at 30.5.1996; s. 2 not in force at Royal Assent see. s. 70(3); s. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(b); s. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(b)

3 Guidance.E+W+S+N.I.

(1)The Secretary of State may issue guidance about the matters to be taken into account in determining—

(a)whether an impairment has a substantial adverse effect on a person’s ability to carry out normal day-to-day activities; or

(b)whether such an impairment has a long-term effect.

(2)The guidance may, among other things, give examples of—

(a)effects which it would be reasonable, in relation to particular activities, to regard for purposes of this Act as substantial adverse effects;

(b)effects which it would not be reasonable, in relation to particular activities, to regard for such purposes as substantial adverse effects;

(c)substantial adverse effects which it would be reasonable to regard, for such purposes, as long-term;

(d)substantial adverse effects which it would not be reasonable to regard, for such purposes, as long-term.

(3)[F3An adjudicating body] determining, for any purpose of this Act, whether an impairment has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities, shall take into account any guidance which appears to it to be relevant.

[F4(3A)Adjudicating body” means—

(a)a court;

(b)a tribunal; and

(c)any other person who, or body which, may decide a claim under Part 4.]

(4)In preparing a draft of any guidance, the Secretary of State shall consult such persons as he considers appropriate.

(5)Where the Secretary of State proposes to issue any guidance, he shall publish a draft of it, consider any representations that are made to him about the draft and, if he thinks it appropriate, modify his proposals in the light of any of those representations.

(6)If the Secretary of State decides to proceed with any proposed guidance, he shall lay a draft of it before each House of Parliament.

(7)If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed guidance.

(8)If no such resolution is made within the 40-day period, the Secretary of State shall issue the guidance in the form of his draft.

(9)The guidance shall come into force on such date as the Secretary of State may appoint by order.

(10)Subsection (7) does not prevent a new draft of the proposed guidance from being laid before Parliament.

(11)The Secretary of State may—

(a)from time to time revise the whole or part of any guidance and re-issue it;

(b)by order revoke any guidance.

(12)In this section—

  • 40-day period”, in relation to the draft of any proposed guidance, means—

    (a)

    if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

    (b)

    in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

    no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days; and

  • guidance” means guidance issued by the Secretary of State under this section and includes guidance which has been revised and re-issued.

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Extent Information

E1In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Amendments (Textual)

F3S. 3(3): words “An adjudicating body” substituted for words “A tribunal or court” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(3) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F4S. 3(3A) inserted (E.W.S) (1.9.2002) by 2001 c. 10, s. 38(4) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Commencement Information

I3S. 3 wholly in force at 30.5.1996; s. 3 not in force at Royal Assent see. s. 70(3); s. 3 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(c); s. 3 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(c)

Part IIE+W+S+N.I. Employment

Discrimination by employersE+W+S+N.I.

4 Discrimination against applicants and employees.E+W+S+N.I.

(1)It is unlawful for an employer to discriminate against a disabled person—

(a)in the arrangements which he makes for the purpose of determining to whom he should offer employment;

(b)in the terms on which he offers that person employment; or

(c)by refusing to offer, or deliberately not offering, him employment.

(2)It is unlawful for an employer to discriminate against a disabled person whom he employs—

(a)in the terms of employment which he affords him;

(b)in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit;

(c)by refusing to afford him, or deliberately not affording him, any such opportunity; or

(d)by dismissing him, or subjecting him to any other detriment.

(3)Subsection (2) does not apply to benefits of any description if the employer is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless—

(a)that provision differs in a material respect from the provision of the benefits by the employer to his employees; or

(b)the provision of the benefits to the employee in question is regulated by his contract of employment; or

(c)the benefits relate to training.

(4)In this Part “benefits” includes facilities and services.

(5)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.

(6)This section applies only in relation to employment at an establishment in Great Britain.

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Extent Information

E2In its application to Northern Ireland, this section has effect subject to the modification set out in Sch. 8; see s. 70(6)

Modifications etc. (not altering text)

C1S. 4 modified (E.W.) (2.3.1998 subject to art. 1(2) of the amending S.I.) by S.I. 1998/218, arts. 1(2), 3(1), Sch. (with art. 3(2)(b))

S. 4 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

5 Meaning of “discrimination”.E+W+S+N.I.

(1)For the purposes of this Part, an employer discriminates against a disabled person if—

(a)for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and

(b)he cannot show that the treatment in question is justified.

(2)For the purposes of this Part, an employer also discriminates against a disabled person if—

(a)he fails to comply with a section 6 duty imposed on him in relation to the disabled person; and

(b)he cannot show that his failure to comply with that duty is justified.

(3)Subject to subsection (5), for the purposes of subsection (1) treatment is justified if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.

(4)For the purposes of subsection (2), failure to comply with a section 6 duty is justified if, but only if, the reason for the failure is both material to the circumstances of the particular case and substantial.

(5)If, in a case falling within subsection (1), the employer is under a section 6 duty in relation to the disabled person but fails without justification to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with the section 6 duty.

(6)Regulations may make provision, for purposes of this section, as to circumstances in which—

(a)treatment is to be taken to be justified;

(b)failure to comply with a section 6 duty is to be taken to be justified;

(c)treatment is to be taken not to be justified;

(d)failure to comply with a section 6 duty is to be taken not to be justified.

(7)Regulations under subsection (6) may, in particular—

(a)make provision by reference to the cost of affording any benefit; and

(b)in relation to benefits under occupational pension schemes, make provision with a view to enabling uniform rates of contributions to be maintained.

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Modifications etc. (not altering text)

C2S. 5 modifed (E.W.) (2.3.1998 subject to art. 1(2) of the amending S.I.) by S.I. 1998/218, arts. 1(2), 3(1), Sch. (with art. 3(2)(b))

S. 5 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

Commencement Information

I4S. 5 wholly in force at 2.12.1996; s. 5 not in force at Royal Assent see s. 70(3); s. 5(6)(7) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 5(6)(7) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1); s. 5(1)-(5) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 5(1)-(5) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

6 Duty of employer to make adjustments.E+W+S+N.I.

(1)Where—

(a)any arrangements made by or on behalf of an employer, or

(b)any physical feature of premises occupied by the employer,

place the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the arrangements or feature having that effect.

(2)Subsection (1)(a) applies only in relation to—

(a)arrangements for determining to whom employment should be offered;

(b)any term, condition or arrangements on which employment, promotion, a transfer, training or any other benefit is offered or afforded.

(3)The following are examples of steps which an employer may have to take in relation to a disabled person in order to comply with subsection (1)—

(a)making adjustments to premises;

(b)allocating some of the disabled person’s duties to another person;

(c)transferring him to fill an existing vacancy;

(d)altering his working hours;

(e)assigning him to a different place of work;

(f)allowing him to be absent during working hours for rehabilitation, assessment or treatment;

(g)giving him, or arranging for him to be given, training;

(h)acquiring or modifying equipment;

(i)modifying instructions or reference manuals;

(j)modifying procedures for testing or assessment;

(k)providing a reader or interpreter;

(l)providing supervision.

(4)In determining whether it is reasonable for an employer to have to take a particular step in order to comply with subsection (1), regard shall be had, in particular, to—

(a)the extent to which taking the step would prevent the effect in question;

(b)the extent to which it is practicable for the employer to take the step;

(c)the financial and other costs which would be incurred by the employer in taking the step and the extent to which taking it would disrupt any of his activities;

(d)the extent of the employer’s financial and other resources;

(e)the availability to the employer of financial or other assistance with respect to taking the step.

This subsection is subject to any provision of regulations made under subsection (8).

(5)In this section, “the disabled person concerned” means—

(a)in the case of arrangements for determining to whom employment should be offered, any disabled person who is, or has notified the employer that he may be, an applicant for that employment;

(b)in any other case, a disabled person who is—

(i)an applicant for the employment concerned; or

(ii)an employee of the employer concerned.

(6)Nothing in this section imposes any duty on an employer in relation to a disabled person if the employer does not know, and could not reasonably be expected to know—

(a)in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the employment; or

(b)in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

(7)Subject to the provisions of this section, nothing in this Part is to be taken to require an employer to treat a disabled person more favourably than he treats or would treat others.

(8)Regulations may make provision, for the purposes of subsection (1)—

(a)as to circumstances in which arrangements are, or a physical feature is, to be taken to have the effect mentioned in that subsection;

(b)as to circumstances in which arrangements are not, or a physical feature is not, to be taken to have that effect;

(c)as to circumstances in which it is reasonable for an employer to have to take steps of a prescribed description;

(d)as to steps which it is always reasonable for an employer to have to take;

(e)as to circumstances in which it is not reasonable for an employer to have to take steps of a prescribed description;

(f)as to steps which it is never reasonable for an employer to have to take;

(g)as to things which are to be treated as physical features;

(h)as to things which are not to be treated as such features.

(9)Regulations made under subsection (8)(c), (d), (e) or (f) may, in particular, make provision by reference to the cost of taking the steps concerned.

(10)Regulations may make provision adding to the duty imposed on employers by this section, including provision of a kind which may be made under subsection (8).

(11)This section does not apply in relation to any benefit under an occupational pension scheme or any other benefit payable in money or money’s worth under a scheme or arrangement for the benefit of employees in respect of—

(a)termination of service;

(b)retirement, old age or death;

(c)accident, injury, sickness or invalidity; or

(d)any other prescribed matter.

(12)This section imposes duties only for the purpose of determining whether an employer has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

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Modifications etc. (not altering text)

C3S. 6 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (with art. 1(2))

S. 6 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

Commencement Information

I5S. 6 wholly in force at 2.12.1996; s. 6 not in force at Royal Assent see s. 70(3); s. 6(8)(9)(10) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 6(8)(9)(10) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 6(1)-(7)(11)(12) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 6(1)-(7)(11)(12) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

7 Exemption for small businesses.E+W+S

(1)Nothing in this Part applies in relation to an employer who has fewer than [F515] employees.

(2)The Secretary of State may by order amend subsection (1) by substituting a different number (not greater than 20) for the number for the time being specified there.

[F6(3)Before making an order under subsection (2) the Secretary of State shall consult—

(a)the Disability Rights Commission;

(b)such organisations representing the interests of employers as he considers appropriate; and

(c)such organisations representing the interests of disabled persons in employment or seeking employment as he considers appropriate.

(4)The Secretary of State shall, before laying an order under this section before Parliament, publish a summary of the views expressed to him in his consultations.]

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Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F5Word in s. 7(1) substituted (1.12.1998) by S.I. 1998/2618, art. 2; S.R. 1998/391, art. 2

F6S. 7(3)(4) substituted for S. 7(3)-(10) (E.W.S.) (25.4.2000) by 1999 c. 17, s. 11; S.I. 2000/880, art. 2, Sch. 2

7 Exemption for small businesses.N.I.

(1)Nothing in this Part applies in relation to an employer who has fewer than [F10715] employees.

(2)The [F108Department of Economic Development] may by order amend subsection (1) by substituting a different number (not greater than 20) for the number for the time being specified there.

[F109(3)Before making an order under subsection (2) the Office of the First Minister and deputy First Minister shall consult—

(a)the Equality Commission for Northern Ireland;

(b)such organisations representing the interests of employers as that Office considers appropriate; and

(c)such organisations representing the interests of disabled persons in employment or seeking employment as that Office considers appropriate.

(4)The Office of the First Minister and deputy First Minister shall, before laying an order under this section before the Assembly, publish a summary of the views expressed to it in its consultations.]

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Extent Information

E49This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only.

Amendments (Textual)

F107Word in s. 7(1) substituted (1.12.1998) by S.I. 1998/2618, art. 2; S.R. 1998/391, art. 2

F108Words in s. 7(2) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 4(1) of this Act

F109S. 7(3)(4) substituted for s. 7(3)-(10) (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 13 (with art. 17); S.R. 2000/140, art. 2, Sch.

Enforcement etc.E+W+S+N.I.

8 Enforcement, remedies and procedure.E+W+S

(1)A complaint by any person that another person—

(a)has discriminated against him in a way which is unlawful under this Part, or

(b)is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,

may be presented to an [F7employment tribunal].

(2)Where an [F7employment tribunal] finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—

(a)making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;

(b)ordering the respondent to pay compensation to the complainant;

(c)recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.

(3)Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty.

(4)For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head.

(5)If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an [F7employment tribunal] under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—

(a)increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or

(b)make an order under subsection (2)(b).

(6)Regulations may make provision—

(a)for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and

(b)specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.

(7)Regulations may modify the operation of any order made under [F8section 14 of [F9the Employment Tribunals Act 1996]] (power to make provision as to interest on sums payable in pursuance of [F7employment tribunal] decisions) to the extent that it relates to an award of compensation under subsection (2)(b).

(8)Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

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Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F7Words in s. 8(1)(b)(2)(5)(7) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F8Words in s. 8(7) substituted (E.W.S.) (28.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 12(1)(2) (with s. 38)

F9Words in s. 8(7) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Commencement Information

I6S. 8 wholly in force at 2.12.1996; s. 8 not in force at Royal Assent see s. 70(3); s. 8(6)(7) in force at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 8(1)-(5)(8) in force at 2.12.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. III

8 Enforcement, remedies and procedure.N.I.

(1)A complaint by any person that another person—

(a)has discriminated against him in a way which is unlawful under this Part, or

(b)is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,

may be presented to an industrial tribunal.

(2)Where an industrial tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—

(a)making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;

(b)ordering the respondent to pay compensation to the complainant;

(c)recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.

(3)Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty.

(4)For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head.

(5)If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—

(a)increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or

(b)make an order under subsection (2)(b).

(6)Regulations may make provision—

(a)for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and

(b)specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.

(7)Regulations may modify the operation of any order made under paragraph 6A of Schedule 9 to the Employment Protection (consolidation)Act 1978 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).

(8)Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

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Extent Information

E50This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6). A separate version has been created for England and Wales and Scotland only

Modifications etc. (not altering text)

C26S. 8: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 4(b), Sch. 2 Pt. II

Commencement Information

I42S. 8 wholly in force at 2.12.1996; s. 8 not in force at Royal Assent see s. 70(3); s. 8(6)(7) in force at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 8(1)-(5)(8) in force at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

9 Validity of certain agreements.E+W+S

(1)Any term in a contract of employment or other agreement is void so far as it purports to—

(a)require a person to do anything which would contravene any provision of, or made under, this Part;

(b)exclude or limit the operation of any provision of this Part; or

(c)prevent any person from presenting a complaint to an [F10employment tribunal] under this Part.

(2)Paragraphs (b) and (c) of subsection (1) do not apply to an agreement not to institute proceedings under section 8(1), or to an agreement not to continue such proceedings, if—

(a)a conciliation officer has acted under [F11section 18 of [F10the Employment Tribunals Act 1996]] in relation to the matter; or

(b)the conditions set out in subsection (3) are satisfied.

(3)The conditions are that—

(a)the complainant must have received [F12advice from a relevant independent adviser] as to the terms and effect of the proposed agreement (and in particular its effect on his ability to pursue his complaint before an [F10employment tribunal]);

(b)when the adviser gave the advice there must have been in force a [F13contract of insurance, or an indemnity provided for members of a profession or professional body,] covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice; and

(c)the agreement must be in writing, relate to the particular complaint, identify the adviser and state that the conditions are satisfied.

[F14(4)A person is a relevant independent adviser for the purposes of subsection (3)(a)—

(a)if he is a qualified lawyer,

(b)if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,

(c)if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or

(d)if he is a person of a description specified in an order made by the Secretary of State.

F14(4A)But a person is not a relevant independent adviser for the purposes of subsection (3)(a) in relation to the complainant—

(a)if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,

(b)in the case of a person within subsection (4)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,

(c)in the case of a person within subsection (4)(c), if the complainant makes a payment for the advice received from him, or

(d)in the case of a person of a description specified in an order under subsection (4)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.

F14(4B)In subsection (4)(a) “qualified lawyer” means—

(a)as respects England and Wales, a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the M1Courts and Legal Services Act 1990), and

(b)as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.

F14(4C)In subsection (4)(b) “independent trade union” has the same meaning as in the M2Trade Union and Labour Relations (Consolidation) Act 1992.

F14(5)For the purposes of subsection (4A) any two persons are to be treated as connected—

(a)if one is a company of which the other (directly or indirectly) has control, or

(b)if both are companies of which a third person (directly or indirectly) has control.]

[F15(6)An agreement under which the parties agree to submit a dispute to arbitration—

(a)shall be regarded for the purposes of subsection (2) as being an agreement not to institute, or an agreement not to continue, proceedings if—

(i)the dispute is covered by a scheme having effect by virtue of an order under section 212A of the M3Trade Union and Labour Relations (Consolidation) Act 1992, and

(ii)the agreement is to submit it to arbitration in accordance with the scheme, but

(b)shall be regarded as neither being nor including such an agreement in any other case.]

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Extent Information

E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F10Words in s. 9 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

F11Words in s. 9(2)(a) substituted (E.W.S.) (28.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 12(1)(3) (with s. 38)

F12Words in s. 9(3)(a) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 9(1)(2)(d); S.I. 1998/1658, art. 2(1), Sch. 1

F13Words in s. 9(3)(b) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 10(1)(2)(d); S.I. 1998/1658, art. 2(1), Sch. 1

F14S. 9(4)(4A)(4B)(4C)(5) substituted for s. 9(4)(5) (E.W.S.) (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 11; S.I. 1998/1658, art. 2(1), Sch. 1

F15S. 9(6) added (E.W.S.) (1.8.1998) by 1998 c. 8, 8(4); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

9 Validity of certain agreements.N.I.

(1)Any term in a contract of employment or other agreement is void so far as it purports to—

(a)require a person to do anything which would contravene any provision of, or made under, this Part;

(b)exclude or limit the operation of any provision of this Part; or

(c)prevent any person from presenting a complaint to an industrial tribunal under this Part.

(2)Paragraphs (b) and (c) of subsection (1) do not apply to an agreement not to institute proceedings under section 8(1), or to an agreement not to continue such proceedings, if—

(a)a conciliation officer has acted under paragraph 1 of Schedule 3 in relation to the matter; or

(b)the conditions set out in subsection (3) are satisfied.

(3)The conditions are that—

(a)the complainant must have received [F110advice from a relevant independent adviser] as to the terms and effect of the proposed agreement (and in particular its effect on his ability to pursue his complaint before an industrial tribunal);

(b)when the adviser gave the advice there must have been in force a [F111contract of insurance, or an indemnity provided for members of a profession or professional body,] covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice; and

(c)the agreement must be in writing, relate to the particular complaint, identify the adviser and state that the conditions are satisfied.

[F112(4)A person is a relevant independent adviser for the purposes of subsection (3)(a)—

(a)if he is a qualified lawyer,

(b)if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,

(c)if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or

(d)if he is a person of a description specified in an order made by the Department of Economic Development.

(4A)But a person is not a relevant independent adviser for the purposes of subsection (3)(a) in relation to the complainant—

(a)if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,

(b)in the case of a person within subsection (4)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,

(c)in the case of a person within subsection (4)(c), if the complainant makes a payment for the advice received from him, or

(d)in the case of a person of a description specified in an order under subsection (4)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.

(4B)In subsection (4)(a) “qualified lawyer” means a barrister (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.

(4C)In subsection (4)(b) “independent trade union” has the same meaning as in the Industrial Relations (Northern Ireland) Order 1992.

(5)For the purposes of subsection (4A) any two persons are to be treated as connected—

(a)if one is a company of which the other (directly or indirectly) has control, or

(b)if both are companies of which a third person (directly or indirectly) has control.]

[F113(6)An agreement under which the parties agree to submit a dispute to arbitration—

(a)shall be regarded for the purposes of subsection (2) as being an agreement not to institute, or an agreement not to continue, proceedings if—

(i)the dispute is covered by a scheme having effect by virtue of an order under Article 84A of the Industrial Relations (Northern Ireland) Order 1992, and

(ii)the agreement is to submit it to arbitration in accordance with the scheme, but

(b)shall be regarded as neither being nor including such an agreement in any other case.]

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Extent Information

E51This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6). A separate version has been created for England and Wales and Scotland only

Amendments (Textual)

10 Charities and support for particular groups of persons.E+W+S+N.I.

(1)Nothing in this Part—

(a)affects any charitable instrument which provides for conferring benefits on one or more categories of person determined by reference to any physical or mental capacity; or

(b)makes unlawful any act done by a charity or recognised body in pursuance of any of its charitable purposes, so far as those purposes are connected with persons so determined.

(2)Nothing in this Part prevents—

(a)a person who provides supported employment from treating members of a particular group of disabled persons more favourably than other persons in providing such employment; or

(b)the Secretary of State from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.

(3)In this section—

  • charitable instrument” means an enactment or other instrument (whenever taking effect) so far as it relates to charitable purposes;

  • charity” has the same meaning as in the M4Charities Act 1993;

  • recognised body” means a body which is a recognised body for the purposes of Part I of the M5Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and

  • supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the M6Disabled Persons (Employment) Act 1944.

(4)In the application of this section to England and Wales, “charitable purposes” means purposes which are exclusively charitable according to the law of England and Wales.

(5)In the application of this section to Scotland, “charitable purposes” shall be construed in the same way as if it were contained in the Income Tax Acts.

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Extent Information

E6In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Marginal Citations

11 Advertisements suggesting that employers will discriminate against disabled persons.E+W+S+N.I.

(1)This section applies where—

(a)a disabled person has applied for employment with an employer;

(b)the employer has refused to offer, or has deliberately not offered, him the employment;

(c)the disabled person has presented a complaint under section 8 against the employer;

(d)the employer has advertised the employment (whether before or after the disabled person applied for it); and

(e)the advertisement indicated, or might reasonably be understood to have indicated, that any application for the advertised employment would, or might, be determined to any extent by reference to—

(i)the successful applicant not having any disability or any category of disability which includes the disabled person’s disability; or

(ii)the employer’s reluctance to take any action of a kind mentioned in section 6.

(2)The tribunal hearing the complaint shall assume, unless the contrary is shown, that the employer’s reason for refusing to offer, or deliberately not offering, the employment to the complainant was related to the complainant’s disability.

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

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Modifications etc. (not altering text)

C4S. 11 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (with art. 1(2))

S. 11 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

Discrimination by other personsE+W+S+N.I.

12 Discrimination against contract workers.E+W+S+N.I.

(1)It is unlawful for a principal, in relation to contract work, to discriminate against a disabled person—

(a)in the terms on which he allows him to do that work;

(b)by not allowing him to do it or continue to do it;

(c)in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or

(d)by subjecting him to any other detriment.

(2)Subsection (1) does not apply to benefits of any description if the principal is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the contract worker in question, unless that provision differs in a material respect from the provision of the benefits by the principal to contract workers.

(3)The provisions of this Part (other than subsections (1) to (3) of section 4) apply to any principal, in relation to contract work, as if he were, or would be, the employer of the contract worker and as if any contract worker supplied to do work for him were an employee of his.

(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)This section applies only in relation to contract work done at an establishment in Great Britain (the provisions of section 68 about the meaning of “employment at an establishment in Great Britain” applying for the purposes of this subsection with the appropriate modifications).

(6)In this section—

  • principal” means a person (“A”) who makes work available for doing by individuals who are employed by another person who supplies them under a contract made with A;

  • contract work” means work so made available; and

  • contract worker” means any individual who is supplied to the principal under such a contract.

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Extent Information

E7In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Modifications etc. (not altering text)

C5S. 12 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (with art. 1(2))

S. 12 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

Commencement Information

I7S. 12 wholly in force at 2.12.1996; s. 12 not in force at Royal Assent see s. 70(3); s. 12(3)(6) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 12(3)(6) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 12(1)(2)(4)(5) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 12(1)(2)(4)(5) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

13 Discrimination by trade organisations.E+W+S+N.I.

(1)It is unlawful for a trade organisation to discriminate against a disabled person—

(a)in the terms on which it is prepared to admit him to membership of the organisation; or

(b)by refusing to accept, or deliberately not accepting, his application for membership.

(2)It is unlawful for a trade organisation, in the case of a disabled person who is a member of the organisation, to discriminate against him—

(a)in the way it affords him access to any benefits or by refusing or deliberately omitting to afford him access to them;

(b)by depriving him of membership, or varying the terms on which he is a member; or

(c)by subjecting him to any other detriment.

(3)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.

(4)In this section “trade organisation” means an organisation of workers, an organisation of employers or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.

14 Meaning of “discrimination” in relation to trade organisations.E+W+S+N.I.

(1)For the purposes of this Part, a trade organisation discriminates against a disabled person if—

(a)for a reason which relates to the disabled person’s disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and

(b)it cannot show that the treatment in question is justified.

(2)For the purposes of this Part, a trade organisation also discriminates against a disabled person if—

(a)it fails to comply with a section 15 duty imposed on it in relation to the disabled person; and

(b)it cannot show that its failure to comply with that duty is justified.

(3)Subject to subsection (5), for the purposes of subsection (1) treatment is justified if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.

(4)For the purposes of subsection (2), failure to comply with a section 15 duty is justified if, but only if, the reason for the failure is both material to the circumstances of the particular case and substantial.

(5)If, in a case falling within subsection (1), the trade organisation is under a section 15 duty in relation to the disabled person concerned but fails without justification to comply with that duty, its treatment of that person cannot be justified under subsection (3) unless the treatment would have been justified even if the organisation had complied with the section 15 duty.

(6)Regulations may make provision, for purposes of this section, as to circumstances in which—

(a)treatment is to be taken to be justified;

(b)failure to comply with a section 15 duty is to be taken to be justified;

(c)treatment is to be taken not to be justified;

(d)failure to comply with a section 15 duty is to be taken not to be justified.

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Commencement Information

I8S. 14 wholly in force at 1.10.1999; s. 14 not in force at Royal Assent see s. 70(3); s. 14(6) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 14(6) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 14(1)(3) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 14(1)(3) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 14(2)(4)(5) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(a); s. 14(2)(4)(5) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(a)

15 Appeal against refusal of exemption certificate.E+W+S+N.I.

(1)Where—

(a)any arrangements made by or on behalf of a trade organisation, or

(b)any physical feature of premises occupied by the organisation,

place the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the organisation to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the arrangements or feature having that effect.

(2)Subsection (1)(a) applies only in relation to—

(a)arrangements for determining who should become or remain a member of the organisation;

(b)any term, condition or arrangements on which membership or any benefit is offered or afforded.

(3)In determining whether it is reasonable for a trade organisation to have to take a particular step in order to comply with subsection (1), regard shall be had, in particular, to—

(a)the extent to which taking the step would prevent the effect in question;

(b)the extent to which it is practicable for the organisation to take the step;

(c)the financial and other costs which would be incurred by the organisation in taking the step and the extent to which taking it would disrupt any of its activities;

(d)the extent of the organisation’s financial and other resources;

(e)the availability to the organisation of financial or other assistance with respect to taking the step.

This subsection is subject to any provision of regulations made under subsection (7).

(4)In this section “the disabled person concerned” means—

(a)in the case of arrangements for determining to whom membership should be offered, any disabled person who is, or has notified the organisation that he may be, an applicant for membership;

(b)in any other case, a disabled person who is—

(i)an applicant for membership; or

(ii)a member of the organisation.

(5)Nothing in this section imposes any duty on an organisation in relation to a disabled person if the organisation does not know, and could not reasonably be expected to know that the disabled person concerned—

(a)is, or may be, an applicant for membership; or

(b)has a disability and is likely to be affected in the way mentioned in subsection (1).

(6)Subject to the provisions of this section, nothing in this Part is to be taken to require a trade organisation to treat a disabled person more favourably than it treats or would treat others.

(7)Regulations may make provision for the purposes of subsection (1) as to any of the matters mentioned in paragraphs (a) to (h) of section 6(8) (the references in those paragraphs to an employer being read for these purposes as references to a trade organisation).

(8)Subsection (9) of section 6 applies in relation to such regulations as it applies in relation to regulations made under section 6(8).

(9)Regulations may make provision adding to the duty imposed on trade organisations by this section, including provision of a kind which may be made under subsection (7).

(10)This section imposes duties only for the purpose of determining whether a trade organisation has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

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Commencement Information

I9S. 15 partly in force; s. 15 not in force at Royal Assent see s. 70(3); s. 15(1)(a)(2)-(10) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(b); s. 15(1)(a)(2)-(10) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(b)

Premises occupied under leasesE+W+S+N.I.

16 Alterations to premises occupied under leases.E+W+S+N.I.

(1)This section applies where—

(a)an employer or trade organisation (“the occupier”) occupies premises under a lease;

(b)but for this section, the occupier would not be entitled to make a particular alteration to the premises; and

(c)the alteration is one which the occupier proposes to make in order to comply with a section 6 duty or section 15 duty.

(2)Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—

(a)for the occupier to be entitled to make the alteration with the written consent of the lessor;

(b)for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;

(c)if such an application is made, for the lessor not to withhold his consent unreasonably; and

(d)for the lessor to be entitled to make his consent subject to reasonable conditions.

[F16(2A)Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided—

(i)for the lessee to have to make a written application to the lessor for consent to the alteration;

(ii)if such an application is made, for the lessor not to withhold his consent unreasonably; and

(iii)for the lessor to be entitled to make his consent subject to reasonable conditions.]

(3)In this section—

  • lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and

  • sub-lease” and “sub-tenancy” have such meaning as may be prescribed.

(4)If the terms and conditions of a lease—

(a)impose conditions which are to apply if the occupier alters the premises, or

(b)entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,

the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.

(5)Part I of Schedule 4 supplements the provisions of this section.

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Amendments (Textual)

Modifications etc. (not altering text)

C6S. 16 modified (E.W.) (2.3.1998) by S.I. 1998/218, arts. 1(2), 3(1), Sch. (with art. 3(2)(b))

S. 16 modified (7.6.1996) by S.I. 1996/1333, reg. 4(a)

S. 16 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

Commencement Information

I10S. 16 wholly in force at 2.12.1996; s. 16 not in force at Royal Assent see s. 70(3); s. 16(3)(5) in force for certain purposes (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(d); s. 16(3)(5) in force for certain purposes (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(d); s. 16(5) in force insofar as not already in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 16(5) in force (N.I.) insofar as not already in force at 1.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 16(3) in force (E.W.S.) insofar as not already in force at 2.12.1996 by S.I. 1996/3003, art. 3; s. 16(3) in force insofar as not already in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 16(1)(2)(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 16(1)(2)(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

Occupational pension schemes and insurance servicesE+W+S+N.I.

17 Occupational pension schemes.E+W+S+N.I.

(1)Every occupational pension scheme shall be taken to include a provision (“a non-discrimination rule”)—

(a)relating to the terms on which—

(i)persons become members of the scheme; and

(ii)members of the scheme are treated; and

(b)requiring the trustees or managers of the scheme to refrain from any act or omission which, if done in relation to a person by an employer, would amount to unlawful discrimination against that person for the purposes of this Part.

(2)The other provisions of the scheme are to have effect subject to the non-discrimination rule.

(3)Without prejudice to section 67, regulations under this Part may—

(a)with respect to trustees or managers of occupational pension schemes make different provision from that made with respect to employers; or

(b)make provision modifying the application to such trustees or managers of any regulations made under this Part, or of any provisions of this Part so far as they apply to employers.

(4)In determining, for the purposes of this section, whether an act or omission would amount to unlawful discrimination if done by an employer, any provision made under subsection (3) shall be applied as if it applied in relation to the notional employer.

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Commencement Information

I11S. 17 wholly in force at 2.12.1996; s. 17 not in force at Royal Assent see s. 70(3); s. 17(3) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 17(3) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 17(1)(2)(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 17(1)(2)(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

18 Insurance services.E+W+S+N.I.

(1)This section applies where a provider of insurance services (“the insurer”) enters into arrangements with an employer under which the employer’s employees, or a class of his employees—

(a)receive insurance services provided by the insurer; or

(b)are given an opportunity to receive such services.

(2)The insurer is to be taken, for the purposes of this Part, to discriminate unlawfully against a disabled person who is a relevant employee if he acts in relation to that employee in a way which would be unlawful discrimination for the purposes of Part III if—

(a)he were providing the service in question to members of the public; and

(b)the employee was provided with, or was trying to secure the provision of, that service as a member of the public.

(3)In this section—

  • insurance services” means services of a prescribed description for the provision of benefits in respect of—

    (a)

    termination of service;

    (b)

    retirement, old age or death;

    (c)

    accident, injury, sickness or invalidity; or

    (d)

    any other prescribed matter; and

  • relevant employee” means—

    (a)

    in the case of an arrangement which applies to employees of the employer in question, an employee of his;

    (b)

    in the case of an arrangement which applies to a class of employees of the employer, an employee who is in that class.

(4)For the purposes of the definition of “relevant employee” in subsection (3), “employee”, in relation to an employer, includes a person who has applied for, or is contemplating applying for, employment by that employer or (as the case may be) employment by him in the class in question.

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Modifications etc. (not altering text)

C7S. 18(3) applied (N.I.) (14.12.1999) by S.R. 1999/440, reg. 2

Commencement Information

I12S. 18 wholly in force at 2.12.1996; s. 18 not in force at Royal Assent see s. 70(3); s. 18(3)(4) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 18(3)(4) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 18(1)(2) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 18(1)(2) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

PART IIIE+W+S+N.I. Discrimination in Other Areas

Goods, facilities and servicesE+W+S+N.I.

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20 Meaning of “discrimination”.E+W+S+N.I.

(1)For the purposes of section 19, a provider of services discriminates against a disabled person if—

(a)for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and

(b)he cannot show that the treatment in question is justified.

(2)For the purposes of section 19, a provider of services also discriminates against a disabled person if—

(a)he fails to comply with a section 21 duty imposed on him in relation to the disabled person; and

(b)he cannot show that his failure to comply with that duty is justified.

(3)For the purposes of this section, treatment is justified only if—

(a)in the opinion of the provider of services, one or more of the conditions mentioned in subsection (4) are satisfied; and

(b)it is reasonable, in all the circumstances of the case, for him to hold that opinion.

(4)The conditions are that—

(a)in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);

(b)in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case;

(c)in a case falling within section 19(1)(a), the treatment is necessary because the provider of services would otherwise be unable to provide the service to members of the public;

(d)in a case falling within section 19(1)(c) or (d), the treatment is necessary in order for the provider of services to be able to provide the service to the disabled person or to other members of the public;

(e)in a case falling within section 19(1)(d), the difference in the terms on which the service is provided to the disabled person and those on which it is provided to other members of the public reflects the greater cost to the provider of services in providing the service to the disabled person.

(5)Any increase in the cost of providing a service to a disabled person which results from compliance by a provider of services with a section 21 duty shall be disregarded for the purposes of subsection (4)(e).

(6)Regulations may make provision, for purposes of this section, as to circumstances in which—

(a)it is reasonable for a provider of services to hold the opinion mentioned in subsection (3)(a);

(b)it is not reasonable for a provider of services to hold that opinion.

(7)Regulations may make provision for subsection (4)(b) not to apply in prescribed circumstances where—

(a)a person is acting for a disabled person under a power of attorney;

(b)functions conferred by or under Part VII of the M9Mental Health Act 1983 are exercisable in relation to a disabled person’s property or affairs; or

(c)powers are exercisable in Scotland in relation to a disabled person’s property or affairs in consequence of the appointment of a curator bonis, tutor or judicial factor.

(8)Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (4)) in which treatment is to be taken to be justified.

(9)In subsections (3), (4) and (8) “treatment” includes failure to comply with a section 21 duty.

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Extent Information

E9In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I14S. 20 wholly in force at 1.10.1999; s. 20 not in force at Royal Assent see s. 70(3); s. 20(6)(7)(8) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I ;s. 20(6)(7)(8) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 20(1)(3)(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 20(1)(3)(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 20(2)(5)(9) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(d)(e)(f); s. 20(2)(5)(9) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(d)-(f)

Marginal Citations

21 Duty of providers of services to make adjustments.E+W+S+N.I.

(1)Where a provider of services has a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled persons to make use of a service which he provides, or is prepared to provide, to other members of the public, it is his duty to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change that practice, policy or procedure so that it no longer has that effect.

(2)Where a physical feature (for example, one arising from the design or construction of a building or the approach or access to premises) makes it impossible or unreasonably difficult for disabled persons to make use of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to—

(a)remove the feature;

(b)alter it so that it no longer has that effect;

(c)provide a reasonable means of avoiding the feature; or

(d)provide a reasonable alternative method of making the service in question available to disabled persons.

(3)Regulations may prescribe—

(a)matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection (2)(c) or (d) is reasonable; and

(b)categories of providers of services to whom subsection (2) does not apply.

(4)Where an auxiliary aid or service (for example, the provision of information on audio tape or of a sign language interpreter) would—

(a)enable disabled persons to make use of a service which a provider of services provides, or is prepared to provide, to members of the public, or

(b)facilitate the use by disabled persons of such a service,

it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to provide that auxiliary aid or service.

(5)Regulations may make provision, for the purposes of this section—

(a)as to circumstances in which it is reasonable for a provider of services to have to take steps of a prescribed description;

(b)as to circumstances in which it is not reasonable for a provider of services to have to take steps of a prescribed description;

(c)as to what is to be included within the meaning of “practice, policy or procedure”;

(d)as to what is not to be included within the meaning of that expression;

(e)as to things which are to be treated as physical features;

(f)as to things which are not to be treated as such features;

(g)as to things which are to be treated as auxiliary aids or services;

(h)as to things which are not to be treated as auxiliary aids or services.

(6)Nothing in this section requires a provider of services to take any steps which would fundamentally alter the nature of the service in question or the nature of his trade, profession or business.

(7)Nothing in this section requires a provider of services to take any steps which would cause him to incur expenditure exceeding the prescribed maximum.

(8)Regulations under subsection (7) may provide for the prescribed maximum to be calculated by reference to—

(a)aggregate amounts of expenditure incurred in relation to different cases;

(b)prescribed periods;

(c)services of a prescribed description;

(d)premises of a prescribed description; or

(e)such other criteria as may be prescribed.

(9)Regulations may provide, for the purposes of subsection (7), for expenditure incurred by one provider of services to be treated as incurred by another.

(10)This section imposes duties only for the purpose of determining whether a provider of services has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

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Modifications etc. (not altering text)

C8S. 21(2) applied (N.I.)(1.10.1999) by S.R. 1999/202, art. 2

S. 21(2) applied (1.10.1999) by S.I. 1999/1191, art. 3

C9S. 21(4) applied (N.I.)(1.10.1999) by S.R. 1999/202, art. 3

Commencement Information

I15S. 21 partly in force; s. 21 not in force at Royal Assent see s. 70(3); s. 21(3)(5) in force at 26.4.1999 by S.I. 1999/1190, art. 4 and S.R. 1999/196, art. 3; s. 21(1)(2)(d)(4)(6)(10) in force at 1.10.1999 by S.I. 1999/1190, art. 5(g) and S.R. 1999/196, art. 4(g); s. 21(2) in force at 1.10.2004 to the extent that it is not already in force by S.I. 2001/2030, art. 3(a) and S.R. 2001/439, art. 2(a)

PremisesE+W+S+N.I.

22 Discrimination in relation to premises.E+W+S+N.I.

(1)It is unlawful for a person with power to dispose of any premises to discriminate against a disabled person—

(a)in the terms on which he offers to dispose of those premises to the disabled person;

(b)by refusing to dispose of those premises to the disabled person; or

(c)in his treatment of the disabled person in relation to any list of persons in need of premises of that description.

(2)Subsection (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless, for the purpose of disposing of the premises, he—

(a)uses the services of an estate agent, or

(b)publishes an advertisement or causes an advertisement to be published.

(3)It is unlawful for a person managing any premises to discriminate against a disabled person occupying those premises—

(a)in the way he permits the disabled person to make use of any benefits or facilities;

(b)by refusing or deliberately omitting to permit the disabled person to make use of any benefits or facilities; or

(c)by evicting the disabled person, or subjecting him to any other detriment.

(4)It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in, or (in Scotland) the subject of, a tenancy to discriminate against a disabled person by withholding his licence or consent for the disposal of the premises to the disabled person.

(5)Subsection (4) applies to tenancies created before as well as after the passing of this Act.

(6)In this section—

  • advertisement” includes every form of advertisement or notice, whether to the public or not;

  • dispose”, in relation to premises, includes granting a right to occupy the premises, and, in relation to premises comprised in, or (in Scotland) the subject of, a tenancy, includes—

    (a)

    assigning the tenancy, and

    (b)

    sub-letting or parting with possession of the premises or any part of the premises;

    and “disposal” shall be construed accordingly;

  • estate agent” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises; and

  • tenancy” means a tenancy created—

    (a)

    by a lease or sub-lease,

    (b)

    by an agreement for a lease or sub-lease,

    (c)

    by a tenancy agreement, or

    (d)

    in pursuance of any enactment.

(7)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.

(8)This section applies only in relation to premises in the United Kingdom.

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Extent Information

E10In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

23 Exemption for small dwellings.E+W+S+N.I.

(1)Where the conditions mentioned in subsection (2) are satisfied, subsection (1), (3) or (as the case may be) (4) of section 22 does not apply.

(2)The conditions are that—

(a)the relevant occupier resides, and intends to continue to reside, on the premises;

(b)the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household;

(c)the shared accommodation is not storage accommodation or a means of access; and

(d)the premises are small premises.

(3)For the purposes of this section, premises are “small premises” if they fall within subsection (4) or (5).

(4)Premises fall within this subsection if—

(a)only the relevant occupier and members of his household reside in the accommodation occupied by him;

(b)the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one other household;

(c)the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and

(d)there are not normally more than two such other households.

(5)Premises fall within this subsection if there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household.

(6)For the purposes of this section “the relevant occupier” means—

(a)in a case falling within section 22(1), the person with power to dispose of the premises, or a near relative of his;

(b)in a case falling within section 22(4), the person whose licence or consent is required for the disposal of the premises, or a near relative of his.

(7)For the purposes of this section—

  • near relative” means a person’s spouse, partner, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or by affinity); and

  • partner” means the other member of a couple consisting of a man and a woman who are not married to each other but are living together as husband and wife.

24 Meaning of “discrimination” .E+W+S+N.I.

(1)For the purposes of section 22, a person (“A”) discriminates against a disabled person if—

(a)for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and

(b)he cannot show that the treatment in question is justified.

(2)For the purposes of this section, treatment is justified only if—

(a)in A’s opinion, one or more of the conditions mentioned in subsection (3) are satisfied; and

(b)it is reasonable, in all the circumstances of the case, for him to hold that opinion.

(3)The conditions are that—

(a)in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);

(b)in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case;

(c)in a case falling within section 22(3)(a), the treatment is necessary in order for the disabled person or the occupiers of other premises forming part of the building to make use of the benefit or facility;

(d)in a case falling within section 22(3)(b), the treatment is necessary in order for the occupiers of other premises forming part of the building to make use of the benefit or facility.

(4)Regulations may make provision, for purposes of this section, as to circumstances in which—

(a)it is reasonable for a person to hold the opinion mentioned in subsection 2(a);

(b)it is not reasonable for a person to hold that opinion.

(5)Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (3)) in which treatment is to be taken to be justified.

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Commencement Information

I16S. 24 wholly in force at 2.12.1996; s. 24 not in force at Royal Assent see s. 70(3); s. 24(5) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 24(5) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 24(1)-(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 21(1)-(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

Enforcement, etc.E+W+S+N.I.

25 Enforcement, remedies and procedure.E+W+S+N.I.

(1)A claim by any person that another person—

(a)has discriminated against him in a way which is unlawful under this Part; or

(b)is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way,

may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.

(2)For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not they include compensation under any other head.

(3)Proceedings in England and Wales shall be brought only in a county court.

(4)Proceedings in Scotland shall be brought only in a sheriff court.

(5)The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.

(6)Part II of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

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Extent Information

E11In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

26 Validity and revision of certain agreements.E+W+S+N.I.

(1)Any term in a contract for the provision of goods, facilities or services or in any other agreement is void so far as it purports to—

(a)require a person to do anything which would contravene any provision of, or made under, this Part,

(b)exclude or limit the operation of any provision of this Part, or

(c)prevent any person from making a claim under this Part.

(2)Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim to which section 25 applies.

(3)On the application of any person interested in an agreement to which subsection (1) applies, a county court or a sheriff court may make such order as it thinks just for modifying the agreement to take account of the effect of subsection (1).

(4)No such order shall be made unless all persons affected have been—

(a)given notice of the application; and

(b)afforded an opportunity to make representations to the court.

(5)Subsection (4) applies subject to any rules of court providing for that notice to be dispensed with.

(6)An order under subsection (3) may include provision as respects any period before the making of the order.

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Extent Information

E12In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

27 Alterations to premises occupied under leases.E+W+S+N.I.

(1)This section applies where—

(a)a provider of services (“the occupier”) occupies premises under a lease;

(b)but for this section, he would not be entitled to make a particular alteration to the premises; and

(c)the alteration is one which the occupier proposes to make in order to comply with a section 21 duty.

(2)Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—

(a)for the occupier to be entitled to make the alteration with the written consent of the lessor;

(b)for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;

(c)if such an application is made, for the lessor not to withhold his consent unreasonably; and

(d)for the lessor to be entitled to make his consent subject to reasonable conditions.

(3)In this section—

  • lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and

  • sub-lease” and “sub-tenancy” have such meaning as may be prescribed.

(4)If the terms and conditions of a lease—

(a)impose conditions which are to apply if the occupier alters the premises, or

(b)entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,

the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.

(5)Part II of Schedule 4 supplements the provisions of this section.

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Modifications etc. (not altering text)

C10S. 27 modified (1.10.2004) by S.I. 2001/3253, reg. 9

Commencement Information

I17S. 27 wholly in force at 1.10.2004; s. 27 not in force at Royal Assent see s. 70(3); s. 27(3) wholly in force and s. 27(5) in force for specified purposes (E.W.S.) at 9.5.2001 by S.I. 2001/2030, art. 2(a)(b); s. 27(3) wholly in force and s. 27(5) in force for specified puroses (N.I.) at 31.12.2001 by S.R. 2001/439, art. 2(1)(a)(b); s. 27(1)(2)(4) wholly in force and and s. 27(5) in force to the extent that it is not already in force at 1.10.2004 by S.I. 2001/2030, art. 3(b) and S.R. 2001/439, art. 2(2)(b)

[F2328 Conciliation of disputes.E+W+S
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Amendments (Textual)

F23S. 28 substituted (E.W.S.) (25.4.2000) by 1999 c. 17, s. 10, (with s. 15); S.I. 2000/880, art. 2, Sch. 2

(1)The Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to disputes arising under this Part.

(2)In deciding what arrangements (if any) to make, the Commission shall have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes arising under this Part which the parties may wish to refer to conciliation.

(3)No member or employee of the Commission may provide conciliation services in relation to disputes arising under this Part.

(4)The Commission shall ensure that any arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by a person in connection with the provision of conciliation services in pursuance of the arrangements.

(5)Subsection (4) does not apply to information relating to a dispute which is disclosed with the consent of the parties to that dispute.

(6)Subsection (4) does not apply to information which—

(a)is not identifiable with a particular dispute or a particular person; and

(b)is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned.

(7)Anything communicated to a person while providing conciliation services in pursuance of any arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it to that person.

(8)In this section “conciliation services” means advice and assistance provided by a conciliator to the parties to a dispute with a view to promoting its settlement otherwise than through the courts.]

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Extent Information

E13This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Commencement Information

I18s. 28 wholly in force at 30.5.1996; s. 28 not in force at Royal Assent see s. 70(3); s. 28 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(e); s. 28 in force (N.I.) at 30.5.1996 by S.I. 1996/219, art. 3(e)

[F11428 Conciliation of disputes.N.I.
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Amendments (Textual)

F114S. 28 substituted (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 12 (with art. 17); S.R. 2000/140, art. 2, Sch.

(1)The Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to disputes arising under this Part.

(2)In deciding what arrangements (if any) to make, the Commission shall have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes arising under this Part which the parties may wish to refer to conciliation.

(3)No member or employee of the Commission may provide conciliation services in relation to disputes arising under this Part.

(4)The Commission shall ensure that any arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by a person in connection with the provision of conciliation services in pursuance of the arrangements.

(5)Subsection (4) does not apply to information relating to a dispute which is disclosed with the consent of the parties to that dispute.

(6)Subsection (4) does not apply to information which—

(a)is not identifiable with a particular dispute or a particular person; and

(b)is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned.

(7)Anything communicated to a person while providing conciliation services in pursuance of any arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it to that person.

(8)In this section—

“the Commission” means the Equality Commission for Northern Ireland; and

“conciliation services” means advice and assistance provided by a conciliator to the parties to a dispute with a view to promoting its settlement otherwise than through the courts.]

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Extent Information

E52This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Part IVE+W+S+N.I. Education

[F24Chapter 1 E+W+S SCHOOLS]

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Amendments (Textual)

F24Pt. IV: Chapter heading, cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F25 Duties of responsible bodies]E+W+S

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Amendments (Textual)

F25Pt. IV Ch. 1: Cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F2628A Discrimination against disabled pupils and prospective pupilsE+W+S
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Amendments (Textual)

F26S. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

(1)It is unlawful for the body responsible for a school to discriminate against a disabled person—

(a)in the arrangements it makes for determining admission to the school as a pupil;

(b)in the terms on which it offers to admit him to the school as a pupil; or

(c)by refusing or deliberately omitting to accept an application for his admission to the school as a pupil.

(2)It is unlawful for the body responsible for a school to discriminate against a disabled pupil in the education or associated services provided for, or offered to, pupils at the school by that body.

(3)The Secretary of State may by regulations prescribe services which are, or services which are not, to be regarded for the purposes of subsection (2) as being—

(a)education; or

(b)an associated service.

(4)It is unlawful for the body responsible for a school to discriminate against a disabled pupil by excluding him from the school, whether permanently or temporarily.

(5)The body responsible for a school is to be determined in accordance with Schedule 4A, and in the remaining provisions of this Chapter is referred to as the “responsible body”.

(6)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.]

[F2728B Meaning of “discrimination”E+W+S
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Amendments (Textual)

F27S. 28B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 12 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

(1)For the purposes of section 28A, a responsible body discriminates against a disabled person if—

(a)for a reason which relates to his disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and

(b)it cannot show that the treatment in question is justified.

(2)For the purposes of section 28A, a responsible body also discriminates against a disabled person if—

(a)it fails, to his detriment, to comply with section 28C; and

(b)it cannot show that its failure to comply is justified.

(3)In relation to a failure to take a particular step, a responsible body does not discriminate against a person if it shows—

(a)that, at the time in question, it did not know and could not reasonably have been expected to know, that he was disabled; and

(b)that its failure to take the step was attributable to that lack of knowledge.

(4)The taking of a particular step by a responsible body in relation to a person does not amount to less favourable treatment if it shows that at the time in question it did not know, and could not reasonably have been expected to know, that he was disabled.

(5)Subsections (6) to (8) apply in determining whether, for the purposes of this section—

(a)less favourable treatment of a person, or

(b)failure to comply with section 28C,

is justified.

(6)Less favourable treatment of a person is justified if it is the result of a permitted form of selection.

(7)Otherwise, less favourable treatment, or a failure to comply with section 28C, is justified only if the reason for it is both material to the circumstances of the particular case and substantial.

(8)If, in a case falling within subsection (1)—

(a)the responsible body is under a duty imposed by section 28C in relation to the disabled person, but

(b)it fails without justification to comply with that duty,

its treatment of that person cannot be justified under subsection (7) unless that treatment would have been justified even if it had complied with that duty.]

[F2828C Disabled pupils not to be substantially disadvantagedE+W+S
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Amendments (Textual)

F28S. 28C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 13 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

(1)The responsible body for a school must take such steps as it is reasonable for it to have to take to ensure that—

(a)in relation to the arrangements it makes for determining the admission of pupils to the school, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b)in relation to education and associated services provided for, or offered to, pupils at the school by it, disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

(2)That does not require the responsible body to—

(a)remove or alter a physical feature (for example, one arising from the design or construction of the school premises or the location of resources); or

(b)provide auxiliary aids or services.

(3)Regulations may make provision, for the purposes of this section—

(a)as to circumstances in which it is reasonable for a responsible body to have to take steps of a prescribed description;

(b)as to steps which it is always reasonable for a responsible body to have to take;

(c)as to circumstances in which it is not reasonable for a responsible body to have to take steps of a prescribed description;

(d)as to steps which it is never reasonable for a responsible body to have to take.

(4)In considering whether it is reasonable for it to have to take a particular step in order to comply with its duty under subsection (1), a responsible body must have regard to any relevant provisions of a code of practice issued under section 53A.

(5)Subsection (6) applies if, in relation to a person, a confidentiality request has been made of which a responsible body is aware.

(6)In determining whether it is reasonable for the responsible body to have to take a particular step in relation to that person in order to comply with its duty under subsection (1), regard shall be had to the extent to which taking the step in question is consistent with compliance with that request.

(7)Confidentiality request” means a request which asks for the nature, or asks for the existence, of a disabled person’s disability to be treated as confidential and which satisfies either of the following conditions—

(a)it is made by that person’s parent; or

(b)it is made by that person himself and the responsible body reasonably believes that he has sufficient understanding of the nature of the request and of its effect.

(8)This section imposes duties only for the purpose of determining whether a responsible body has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.]

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Modifications etc. (not altering text)

C11S. 28C: Functions of a local education authority made exercisable by authorised persons (1.4.2002) by S.I. 2002/928, art. 3, Sch. 3 para. (q)

[F2928D Accessibility strategies and plansE+W+S
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Amendments (Textual)

F29S. 28D inserted (E.W.S.) (1.7.2002 for specified purposes and otherwise 1.9.2002 for E.S.; andprosp. for W.) by 2001 c. 10, ss. 14(1), 43(3) (with s. 43(13)); S.I. 2002/1721, art. 4, Sch. Pt. II; S.I. 2002/2217, art. 4, Sch. 1 Pt. II

(1)Each local education authority must prepare, in relation to schools for which they are the responsible body—

(a)an accessibility strategy;

(b)further such strategies at such times as may be prescribed.

(2)An accessibility strategy is a strategy for, over a prescribed period—

(a)increasing the extent to which disabled pupils can participate in the schools’ curriculums;

(b)improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the schools; and

(c)improving the delivery to disabled pupils—

(i)within a reasonable time, and

(ii)in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,

of information which is provided in writing for pupils who are not disabled.

(3)An accessibility strategy must be in writing.

(4)Each local education authority must keep their accessibility strategy under review during the period to which it relates and, if necessary, revise it.

(5)It is the duty of each local education authority to implement their accessibility strategy.

(6)An inspection under section 38 of the Education Act 1997 (inspections of local education authorities) may extend to the performance by a local education authority of their functions in relation to the preparation, review, revision and implementation of their accessibility strategy.

(7)Subsections (8) to (13) apply to—

(a)maintained schools;

(b)independent schools; and

(c)special schools which are not maintained special schools but which are approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996.

(8)The responsible body must prepare—

(a)an accessibility plan;

(b)further such plans at such times as may be prescribed.

(9)An accessibility plan is a plan for, over a prescribed period—

(a)increasing the extent to which disabled pupils can participate in the school’s curriculum;

(b)improving the physical environment of the school for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the school; and

(c)improving the delivery to disabled pupils—

(i)within a reasonable time, and

(ii)in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents,

of information which is provided in writing for pupils who are not disabled.

(10)An accessibility plan must be in writing.

(11)During the period to which the plan relates, the responsible body must keep its accessibility plan under review and, if necessary, revise it.

(12)It is the duty of the responsible body to implement its accessibility plan.

(13)An inspection under the School Inspections Act 1996 may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan.

(14)For a maintained school, the duties imposed by subsections (8) to (12) are duties of the governing body.

(15)Regulations may prescribe services which are, or services which are not, to be regarded for the purposes of this section as being—

(a)education; or

(b)an associated service.

(16)In this section and in section 28E, “local education authority” has the meaning given in section 12 of the Education Act 1996.

(17)In relation to Wales—

  • prescribed” means prescribed in regulations; and

  • regulations” means regulations made by the National Assembly.

(18)Disabled pupil” includes a disabled person who may be admitted to the school as a pupil.

(19)Maintained school” and “independent school” have the meaning given in section 28Q(5).]

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Modifications etc. (not altering text)

C12S. 28D(1)-(3)(5)(6): Functions of a local education authority made exercisable by authorised persons (E.) (1.4.2002) by S.I. 2002/928, art. 3, Sch. 3 para. (r)

[F3028E Accessibility strategies and plans: procedureE+W+S
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Amendments (Textual)

F30S. 28E inserted (E.W.S.) (1.7.2002 for specified purposes and otherwise 1.9.2002 for E.S. andprosp. for W.) by 2001 c. 10, ss. 15, 43(3) (with s. 43(13)); S.I. 2002/1721, art. 4, Sch. Pt. II; S.I. 2002/2217, art. 4, Sch. 1 Pt. II

(1)In preparing their accessibility strategy, a local education authority must have regard to—

(a)the need to allocate adequate resources for implementing the strategy; and

(b)any guidance issued as to—

(i)the content of an accessibility strategy;

(ii)the form in which it is to be produced; and

(iii)the persons to be consulted in its preparation.

(2)A local education authority must have regard to any guidance issued as to compliance with the requirements of section 28D(4).

(3)Guidance under subsection (1)(b) or (2) may be issued—

(a)for England, by the Secretary of State; and

(b)for Wales, by the National Assembly.

(4)In preparing an accessibility plan, the responsible body must have regard to the need to allocate adequate resources for implementing the plan.

(5)If the Secretary of State asks for a copy of—

(a)the accessibility strategy prepared by a local education authority in England, or

(b)the accessibility plan prepared by the proprietor of an independent school (other than [F31an Academy]) in England,

the strategy or plan must be given to him.

(6)If the National Assembly asks for a copy of—

(a)the accessibility strategy prepared by a local education authority in Wales, or

(b)the accessibility plan prepared by the proprietor of an independent school [F32(other than an Academy)] in Wales,

the strategy or plan must be given to it.

(7)If asked to do so, a local education authority must make a copy of their accessibility strategy available for inspection at such reasonable times as they may determine.

(8)If asked to do so, the proprietor of an independent school which is not [F33an Academy] must make a copy of his accessibility plan available for inspection at such reasonable times as he may determine.]

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Amendments (Textual)

[F34 Residual duty of education authorities]E+W+S

[F3528F Duty of education authorities not to discriminateE+W+S

(1)This section applies to—

(a)the functions of a local education authority under the Education Acts; and

(b)the functions of an education authority under—

(i)the Education (Scotland) Act 1980;

(ii)the Education (Scotland) Act 1996; and

(iii)the Standards in Scotland’s Schools etc. Act 2000.

(2)But it does not apply to any prescribed function.

(3)In discharging a function to which this section applies, it is unlawful for the authority to discriminate against—

(a)a disabled pupil; or

(b)a disabled person who may be admitted to a school as a pupil.

(4)But an act done in the discharge of a function to which this section applies is unlawful as a result of subsection (3) only if no other provision of this Chapter makes that act unlawful.

(5)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.

(6)In this section and section 28G, “local education authority” has the meaning given in section 12 of the Education Act 1996.

(7)The Education Acts” has the meaning given in section 578 of the Education Act 1996.

(8)In this section and section 28G, “education authority” has the meaning given in section 135(1) of the Education (Scotland) Act 1980.]

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Amendments (Textual)

F35S. 28F inserted (E.W.S) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F3628G Residual duty: supplementary provisionsE+W+S

(1)Section 28B applies for the purposes of section 28F as it applies for the purposes of section 28A with the following modifications—

(a)references to a responsible body are to be read as references to an authority; and

(b)references to section 28C are to be read as references to subsections (2) to (4).

(2)Each authority must take such steps as it is reasonable for it to have to take to ensure that, in discharging any function to which section 28F applies—

(a)disabled persons who may be admitted to a school as pupils are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b)disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

(3)That does not require the authority to—

(a)remove or alter a physical feature; or

(b)provide auxiliary aids or services.

(4)This section imposes duties only for the purpose of determining whether an authority has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

(5)A reference in sections 28I, 28K(1), 28M(6) and 28P to a responsible body is to be read as including a reference to a local education authority in relation to a function to which section 28F applies.

(6)A reference in section 28N and 28P to a responsible body is to be read as including a reference to an education authority in relation to a function to which section 28F applies.

(7)Authority” means—

(a)in relation to England and Wales, a local education authority; and

(b)in relation to Scotland, an education authority.]

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Amendments (Textual)

F36S. 28G inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F37 Enforcement: England and Wales]E+W+S

[F3828H Special Educational Needs and Disability TribunalE+W+S

(1)The Special Educational Needs Tribunal—

(a)is to continue to exist; but

(b)after the commencement date is to be known as the Special Educational Needs and Disability Tribunal.

(2)It is referred to in this Chapter as “the Tribunal”.

(3)In addition to its jurisdiction under Part 4 of the Education Act 1996, the Tribunal is to exercise the jurisdiction conferred on it by this Chapter.

(4)Commencement date” means the day on which section 17 of the Special Educational Needs and Disability Act 2001 comes into force.]

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Amendments (Textual)

F38S. 28H inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 17(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F3928I Jurisdiction and powers of the TribunalE+W+S
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Amendments (Textual)

(1)A claim that a responsible body—

(a)has discriminated against a person (“A”) in a way which is made unlawful under this Chapter, or

(b)is by virtue of section 58 to be treated as having discriminated against a person (“A”) in such a way,

may be made to the Tribunal by A’s parent.

(2)But this section does not apply to a claim to which section 28K or 28L applies.

(3)If the Tribunal considers that a claim under subsection (1) is well founded—

(a)it may declare that A has been unlawfully discriminated against; and

(b)if it does so, it may make such order as it considers reasonable in all the circumstances of the case.

(4)The power conferred by subsection (3)(b)—

(a)may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person concerned of any matter to which the claim relates; but

(b)does not include power to order the payment of any sum by way of compensation.]

[F4028J ProcedureE+W+S
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Amendments (Textual)

F40S. 28J inserted (1.7.2002 for certain purposes otherwise 1.9.2002) by 2001 c. 10, s. 19(1) (with s. 43(13)); S.I. 2002/1721, art. 3, Sch. Pt. I; S.I. 2002/2217, art. 3, Sch. 1 Pt. I

(1)Regulations may make provision about—

(a)the proceedings of the Tribunal on a claim of unlawful discrimination under this Chapter; and

(b)the making of a claim.

(2)The regulations may, in particular, include provision—

(a)as to the manner in which a claim must be made;

(b)if the jurisdiction of the Tribunal is being exercised by more than one tribunal—

(i)for determining by which tribunal any claim is to be heard, and

(ii)for the transfer of proceedings from one tribunal to another;

(c)for enabling functions which relate to matters preliminary or incidental to a claim (including, in particular, decisions under paragraph 10(3) of Schedule 3) to be performed by the President, or by the chairman;

(d)enabling hearings to be conducted in the absence of any member other than the chairman;

(e)as to the persons who may appear on behalf of the parties;

(f)for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by a county court;

(g)requiring persons to attend to give evidence and produce documents;

(h)for authorising the administration of oaths to witnesses;

(i)for the determination of claims without a hearing in prescribed circumstances;

(j)as to the withdrawal of claims;

(k)for enabling the Tribunal to stay proceedings on a claim;

(l)for the award of costs or expenses;

(m)for taxing or otherwise settling costs or expenses (and, in particular, for enabling costs to be taxed in the county court);

(n)for the registration and proof of decisions and orders; and

(o)for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be determined in accordance with the regulations.

(3)Proceedings before the Tribunal are to be held in private, except in prescribed circumstances.

(4)Unless made with the agreement of the National Assembly, regulations made under this section do not apply to Wales.

(5)The Secretary of State may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as he may, with the consent of the Treasury, determine.

(6)In relation to Wales, the power conferred by subsection (5) may be exercised only with the agreement of the National Assembly.

(7)Part 1 of the Arbitration Act 1996 does not apply to proceedings before the Tribunal but regulations may make provision, in relation to such proceedings, corresponding to any provision of that Part.

(8)The regulations may make provision for a claim under this Chapter to be heard, in prescribed circumstances, with an appeal under Part 4 of the Education Act 1996.

(9)A person who without reasonable excuse fails to comply with—

(a)a requirement in respect of the disclosure or inspection of documents imposed by the regulations by virtue of subsection (2)(f), or

(b)a requirement imposed by the regulations by virtue of subsection (2)(g),

is guilty of an offence.

(10)A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11)Part 3 of Schedule 3 makes further provision about enforcement of this Chapter and about procedure.]

[F4128K AdmissionsE+W+S
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Amendments (Textual)

F41S. 28K inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 20 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

(1)If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an admissions decision that a responsible body—

(a)has discriminated against a person (“A”) in a way which is made unlawful under this Chapter; or

(b)is by virtue of section 58 to be treated as having discriminated against a person (“A”) in such a way.

(2)The condition is that arrangements (“appeal arrangements”) have been made—

(a)under section 94 of the School Standards and Framework Act 1998, or

(b)under an agreement entered into between the responsible body for [F42an Academy] and the Secretary of State under section 482 of the Education Act 1996,

enabling an appeal to be made against the decision by A’s parent.

(3)The claim must be made under the appeal arrangements.

(4)The body hearing the claim has the powers which it has in relation to an appeal under the appeal arrangements.

(5)Admissions decision” means—

(a)a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998;

(b)a decision as to the admission of a person to [F42an Academy] taken by the responsible body or on its behalf.]

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Amendments (Textual)

[F4328L ExclusionsE+W+S
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Amendments (Textual)

F43S. 28L inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 21 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

(1)If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an exclusion decision that a responsible body—

(a)has discriminated against a person (“A”) in a way which is made unlawful under this Chapter; or

(b)is by virtue of section 58 to be treated as having discriminated against a person (“A”) in such a way.

(2)The condition is that arrangements (“appeal arrangements”) have been made—

(a)under section 67(1) of the School Standards and Framework Act 1998, or

(b)under an agreement entered into between the responsible body for [F44an Academy] and the Secretary of State under section 482 of the Education Act 1996,

enabling an appeal to be made against the decision by A or by his parent.

(3)The claim must be made under the appeal arrangements.

(4)The body hearing the claim has the powers which it has in relation to an appeal under the appeal arrangements.

(5)Exclusion decision” means—

(a)a decision of a kind mentioned in section 67(1) of the School Standards and Framework Act 1998;

(b)a decision not to reinstate a pupil who has been permanently excluded from [F44an Academy] by its head teacher, taken by the responsible body or on its behalf.

(6)Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under paragraph 4 of Schedule 11 to the School Standards and Framework Act 1998.

(7)Maintained school” has the meaning given in section 28Q(5).]

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Amendments (Textual)

[F4528M Roles of the Secretary of State and the National AssemblyE+W+S
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Amendments (Textual)

F45S. 28M inserted (E.W.S.) (1.9.2002 for certain purposes otherwiseprosp.) by 2001 c. 10, ss. 22, 43(3) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

(1)If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—

(a)has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under section 28D or 28E, or

(b)has failed to discharge a duty imposed by or under either of those sections,

it may give that body such directions as to the discharge of the duty as appear to it to be expedient.

(2)Subsection (3) applies in relation to—

(a)special schools which are not maintained special schools but which are approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996; and

(b)city academies.

(3)If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—

(a)has acted, or is proposing to act, unreasonably in the discharge of a duty which that body has in relation to—

(i)the provision to the appropriate authority of copies of that body’s accessibility plan, or

(ii)the inspection of that plan, or

(b)has failed to discharge that duty,

it may give that body such directions as to the discharge of the duty as appear to it to be expedient.

(4)Directions may be given under subsection (1) or (3) even if the performance of the duty is contingent upon the opinion of the responsible body.

(5)Subsection (6) applies if the Tribunal has made an order under section 28I(3).

(6)If the Secretary of State is satisfied (whether on a complaint or otherwise) that the responsible body concerned—

(a)has acted, or is proposing to act, unreasonably in complying with the order, or

(b)has failed to comply with the order,

he may give that body such directions as to compliance with the order as appear to him to be expedient.

(7)Directions given under subsection (1), (3) or (6)—

(a)may be varied or revoked by the directing authority; and

(b)may be enforced, on the application of the directing authority, by a mandatory order obtained in accordance with section 31 of the Supreme Court Act 1981.

(8)Appropriate authority” means—

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

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

(9)Directing authority” means—

(a)the Secretary of State in relation to a direction given by him; and

(b)the National Assembly in relation to a direction given by it.]

[F46 Enforcement: Scotland]E+W+S

[F4728N Civil proceedingsE+W+S

(1)A claim that a responsible body in Scotland—

(a)has discriminated against a person in a way which is unlawful under this Chapter, or

(b)is by virtue of section 58 to be treated as having discriminated against a person in such a way,

may be made the subject of civil proceedings in the same way as any other claim for the enforcement of a statutory duty.

(2)Proceedings in Scotland may be brought only in a sheriff court.

(3)The remedies available in such proceedings are those which are available in the Court of Session other than an award of damages.

(4)Part 3 of Schedule 3 makes further provision about the enforcement of this Chapter and about procedure.

(5)In relation to civil proceedings in Scotland, in that Part of that Schedule—

(a)references to sections 28I, 28K and 28L, or any of them, are to be construed as a reference to this section;

(b)references to the Tribunal are to be construed as references to the sheriff court.]

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Amendments (Textual)

[F48 Agreements relating to enforcement]E+W+S

[F4928P Validity and revision of agreements of responsible bodiesE+W+S

(1)Any term in a contract or other agreement made by or on behalf of a responsible body is void so far as it purports to—

(a)require a person to do anything which would contravene any provision of, or made under, this Chapter;

(b)exclude or limit the operation of any provision of, or made under, this Chapter; or

(c)prevent any person from making a claim under this Chapter.

(2)Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim—

(a)under section 28I or 28N; or

(b)to which section 28K or 28L applies.

(3)On the application of any person interested in an agreement to which subsection (1) applies, a county court or a sheriff court may make such order as it thinks just for modifying the agreement to take account of the effect of subsection (1).

(4)No such order may be made unless all persons affected have been—

(a)given notice of the application; and

(b)afforded an opportunity to make representations to the court.

(5)Subsection (4) applies subject to any rules of court providing for notice to be dispensed with.

(6)An order under subsection (3) may include provision as respects any period before the making of the order.]

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Amendments (Textual)

[F50 Interpretation of Chapter 1]E+W+S

[F5128Q InterpretationE+W+S

(1)This section applies for the purpose of interpreting this Chapter.

(2)Disabled pupil” means a pupil who is a disabled person.

(3)Pupil”—

(a)in relation to England and Wales, has the meaning given in section 3(1) of the Education Act 1996; and

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(4)Except in relation to Scotland (when it has the meaning given in section 135(1) of the Education (Scotland) Act 1980) “school” means—

(a)a maintained school;

(b)a maintained nursery school;

(c)an independent school;

(d)a special school which is not a maintained special school but which is approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996;

(e)a pupil referral unit.

(5)In subsection (4)—

  • maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998;

  • maintained nursery school” has the meaning given in section 22(9) of the School Standards and Framework Act 1998;

  • independent school” has the meaning given in section 463 of the Education Act 1996; and

  • pupil referral unit” has the meaning given in section 19(2) of the Education Act 1996.

(6)Responsible body” has the meaning given in section 28A(5).

(7)Governing body”, in relation to a maintained school, means the body corporate (constituted in accordance with Schedule 9 to the School Standards and Framework Act 1998) which the school has as a result of section 36 of that Act.

(8)Parent”—

(a)in relation to England and Wales, has the meaning given in section 576 of the Education Act 1996; and

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(9)In relation to England and Wales “permitted form of selection” means—

(a)if the school is a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, any form of selection mentioned in section 99(2) or (4) of that Act;

(b)if the school is a maintained school which is so designated, any of its selective admission arrangements;

(c)if the school is an independent school, any arrangements which make provision for any or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.

(10)In relation to Scotland, “permitted form of selection” means—

(a)if the school is managed by an education authority, such arrangements as have been approved by the Scottish Ministers for the selection of pupils for admission;

(b)if the school is an independent school or a self-governing school, any arrangements which make provision for any or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.

(11)In subsection (10), “education authority”, “independent school” and “self-governing school” have the meaning given in section 135(1) of the Education (Scotland) Act 1980.

[F52(12)City academy” means a school which is known as a city academy as a result of subsection (3) or (3A) of section 482 of the Education Act 1996.]

(13)Accessibility strategy” and “accessibility plan” have the meaning given in section 28D.

(14)The National Assembly” means the National Assembly for Wales.]

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Amendments (Textual)

F52S. 28Q(12) ceased to have effect (26.7.2002) and repealed (26.7.2002 for E.S and otherwiseprosp.) by 2002 c. 32, s. 65, 215(2), 216, Sch. 7 para. 5(5), Sch. 22 Pt. III (with ss. 210(8), 214(4)); S.I. 2002/2002, arts. 2, 3

[F53Chapter 2E+W+S+N.I. FURTHER AND HIGHER EDUCATION]

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Amendments (Textual)

F53Pt. IV Ch. 2: Chapter heading, cross-heading and s. 28R inserted (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F54 Duties of responsible bodies]E+W+S

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Amendments (Textual)

F54Pt. IV Ch. 2: Cross-heading and s. 28R inserted (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13)); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F5528R Discrimination against disabled students and prospective studentsE+W+S

(1)It is unlawful for the body responsible for an educational institution to discriminate against a disabled person—

(a)in the arrangements it makes for determining admissions to the institution;

(b)in the terms on which it offers to admit him to the institution; or

(c)by refusing or deliberately omitting to accept an application for his admission to the institution.

(2)It is unlawful for the body responsible for an educational institution to discriminate against a disabled student in the student services it provides, or offers to provide.

(3)It is unlawful for the body responsible for an educational institution to discriminate against a disabled student by excluding him from the institution, whether permanently or temporarily.

(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)The body responsible for an educational institution is to be determined in accordance with Schedule 4B, and in the remaining provisions of this Chapter is referred to as the “responsible body”.

(6)Educational institution”, in relation to England and Wales, means an institution—

(a)within the higher education sector;

(b)within the further education sector; or

(c)designated in an order made by the Secretary of State.

(7)Educational institution”, in relation to Scotland, means—

(a)an institution within the higher education sector (within the meaning of section 56(2) of the Further and Higher Education (Scotland) Act 1992);

(b)a college of further education with a board of management within the meaning of section 36 of that Act;

(c)a central institution within the meaning of section 135 of the Education (Scotland) Act 1980;

(d)a college of further education maintained by an education authority in the exercise of their further education functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of that Act;

(e)an institution designated in an order made by the Secretary of State.

(8)Subsection (6) is to be read with section 91 of the Further and Higher Education Act 1992.

(9)The Secretary of State may not make an order under subsection (6)(c) or (7)(e) unless he is satisfied that the institution concerned is wholly or partly funded from public funds.

(10)Before making an order under subsection (7)(e), the Secretary of State must consult the Scottish Ministers.

(11)Student services” means services of any description which are provided wholly or mainly for students.

(12)Regulations may make provision as to services which are, or are not, to be regarded for the purposes of subsection (2) as student services.]

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Amendments (Textual)

F55S. 28R inserted (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13)); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F5628S Meaning of “discrimination”E+W+S
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Amendments (Textual)

(1)For the purposes of section 28R, a responsible body discriminates against a disabled person if—

(a)for a reason which relates to his disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and

(b)it cannot show that the treatment in question is justified.

(2)For the purposes of section 28R, a responsible body also discriminates against a disabled person if—

(a)it fails, to his detriment, to comply with section 28T; and

(b)it cannot show that its failure to comply is justified.

(3)In relation to a failure to take a particular step, a responsible body does not discriminate against a person if it shows—

(a)that, at the time in question, it did not know and could not reasonably have been expected to know, that he was disabled; and

(b)that its failure to take the step was attributable to that lack of knowledge.

(4)The taking of a particular step by a responsible body in relation to a person does not amount to less favourable treatment if it shows that at the time in question it did not know, and could not reasonably have been expected to know, that he was disabled.

(5)Subsections (6) to (9) apply in determining whether, for the purposes of this section—

(a)less favourable treatment of a person, or

(b)failure to comply with section 28T,

is justified.

(6)Less favourable treatment of a person is justified if it is necessary in order to maintain—

(a)academic standards; or

(b)standards of any other prescribed kind.

(7)Less favourable treatment is also justified if—

(a)it is of a prescribed kind;

(b)it occurs in prescribed circumstances; or

(c)it is of a prescribed kind and it occurs in prescribed circumstances.

(8)Otherwise less favourable treatment, or a failure to comply with section 28T, is justified only if the reason for it is both material to the circumstances of the particular case and substantial.

(9)If, in a case falling within subsection (1)—

(a)the responsible body is under a duty imposed by section 28T in relation to the disabled person, but

(b)fails without justification to comply with that duty,

its treatment of that person cannot be justified under subsection (8) unless that treatment would have been justified even if it had complied with that duty.]

[F5728T Disabled students not to be substantially disadvantagedE+W+S
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Amendments (Textual)

F57S. 28T inserted (1.9.2002) by 2001 c. 10, s. 28 (with s. 43(13)); S.I. 2002/2217, arts. 5, 6

(1)The responsible body for an educational institution must take such steps as it is reasonable for it to have to take to ensure that—

(a)in relation to the arrangements it makes for determining admissions to the institution, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b)in relation to student services provided for, or offered to, students by it, disabled students are not placed at a substantial disadvantage in comparison with students who are not disabled.

(2)In considering whether it is reasonable for it to have to take a particular step in order to comply with its duty under subsection (1), a responsible body must have regard to any relevant provisions of a code of practice issued under section 53A.

(3)Subsection (4) applies if a person has made a confidentiality request of which a responsible body is aware.

(4)In determining whether it is reasonable for the responsible body to have to take a particular step in relation to that person in order to comply with its duty under subsection (1), regard shall be had to the extent to which taking the step in question is consistent with compliance with that request.

(5)Confidentiality request” means a request made by a disabled person, which asks for the nature, or asks for the existence, of his disability to be treated as confidential.

(6)This section imposes duties only for the purpose of determining whether a responsible body has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.]

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Modifications etc. (not altering text)

C13S. 28T: Functions of a local education authority made exercisable by authorised persons (E.) (1.4.2002) by S.I. 2002/928, art. 3, Sch. 3 para. (s)

C14S. 28T(1) applied (with modifications) (temp.) by S.I. 2002/2217, art. 6, Sch. 2

[F58 Other providers of further education or training facilities]E+W+S

[F5928U Further education etc. provided by local education authorities and schoolsE+W+S

(1)Part 1 of Schedule 4C modifies this Chapter for the purpose of its application in relation to—

(a)higher education secured by a local education authority;

(b)further education—

(i)secured by a local education authority; or

(ii)provided by the governing body of a maintained school;

(c)recreational or training facilities secured by a local education authority.

(2)Part 2 of that Schedule modifies this Chapter for the purpose of its application in relation to—

(a)further education, within the meaning of section 1(5)(b)(iii) of the Education (Scotland) Act 1980;

(b)facilities whose provision is secured by an education authority under section 1(3) of that Act.]

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Amendments (Textual)

F59S. 28U inserted (1.9.2002) by 2001 c. 10, s. 29 (with s. 43(13); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F60 Enforcement, etc.]E+W+S+N.I.

[F6128V Enforcement, remedies and procedureE+W+S

(1)A claim by a person—

(a)that a responsible body has discriminated against him in a way which is unlawful under this Chapter,

(b)that a responsible body is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way, or

(c)that a person is by virtue of section 57 to be treated as having discriminated against him in such a way,

may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.

(2)For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Chapter may include compensation for injury to feelings whether or not they include compensation under any other head.

(3)Proceedings in England and Wales may be brought only in a county court.

(4)Proceedings in Scotland may be brought only in a sheriff court.

(5)The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.

(6)The fact that a person who brings proceedings under this Part against a responsible body may also be entitled to bring proceedings against that body under Part 2 is not to affect the proceedings under this Part.

(7)Part 4 of Schedule 3 makes further provision about the enforcement of this Part and about procedure.]

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Amendments (Textual)

[F6228W Occupation of premises by educational institutionsE+W+S
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Amendments (Textual)

F62S. 28W inserted (30.5.2002) by 2001 c. 10, s. 31 (with s. 43(13)); S.I. 2002/1649, art. 3

(1)This section applies if—

(a)premises are occupied by an educational institution under a lease;

(b)but for this section, the responsible body would not be entitled to make a particular alteration to the premises; and

(c)the alteration is one which the responsible body proposes to make in order to comply with section 28T.

(2)Except to the extent to which it expressly so provides, the lease has effect, as a result of this subsection, as if it provided—

(a)for the responsible body to be entitled to make the alteration with the written consent of the lessor;

(b)for the responsible body to have to make a written application to the lessor for consent if it wishes to make the alteration;

(c)if such an application is made, for the lessor not to withhold his consent unreasonably; and

(d)for the lessor to be entitled to make his consent subject to reasonable conditions.

(3)In this section—

  • lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and

  • sub-lease” and “sub-tenancy” have such meaning as may be prescribed.

(4)If the terms and conditions of a lease—

(a)impose conditions which are to apply if the responsible body alters the premises, or

(b)entitle the lessor to impose conditions when consenting to the responsible body’s altering the premises,

the responsible body is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.

(5)Part 3 of Schedule 4 supplements the provisions of this section.]

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Modifications etc. (not altering text)

C15S. 28W modified (28.6.2002) by S.I. 2002/1458, reg. 7

[F6328X Validity and revision of agreementsE+W+S
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Amendments (Textual)

Section 28P applies for the purposes of this Chapter as it applies for the purposes of Chapter 1, but with the substitution, for paragraphs (a) and (b) of subsection (2), of “under section 28V”.]

X1F6429Education of disabled persons.N.I.

F65(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 1 of the M10Education Act 1994 (establishment of the Teacher Training Agency) add, at the end—

(4)In exercising their functions, the Teacher Training Agency shall have regard to the requirements of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995.

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Editorial Information

X1S. 29: With effect from 30.05.2002 s. 29 became subsumed by newly inserted cross-heading "Enforcement, etc.". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 30.5.2002 or navigate via the Pt. IV heading.

Extent Information

E14In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Amendments (Textual)

F64S. 29 repealed (E.W.S.) (1.9.2002) by 2001 c. 10, s. 40(1), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Commencement Information

I19S. 29(3) in force at 31.7.1996 by S.I. 1996/1474, art. 2(2), Sch. Pt. II

Marginal Citations

[F66 Duties of funding councils]E+W+S+N.I.

X230 Further and higher education of disabled persons. 1992 c.13.E+W+S+N.I.

(1)The Further and Higher Education Act 1992 is amended as set out in subsections (2) to (6).

F67(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 62 (establishment of higher education funding councils), after subsection (7) insert—

(7A)In exercising their functions, each council shall have regard to the requirements of disabled persons.

(7B)In subsection (7A) “disabled persons” means persons who are disabled persons for the purposes of the Disability Discrimination Act 1995.

[F68(6)In section 65 (administration of funds by higher education funding councils), after subsection (4) insert—

(4A)Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which a council makes grants, loans or other payments under this section to the governing body of a higher education institution shall require the governing body to publish disability statements at such intervals as may be specified.

(4B)For the purposes of subsection (4A) above—

  • disability statement” means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995; and

  • specified” means specified in the conditions subject to which grants, loans or other payments are made by a council under this section.]

F69(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Editorial Information

X2S. 30: With effect from 01.9.2002 s. 30 became subsumed by newly inserted cross-heading "Enforcement, etc.". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 01.9.2002 or navigate via the Pt. IV heading.

Extent Information

E15In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Amendments (Textual)

F67S. 30(2)-(4) repealed (1.4.2001) by 2000 c. 21, s. 153, Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

Commencement Information

I20S. 30(1)-(6) in force at 31.7.1996 by S.I. 1996/1474, art. 2(2), Sch. Pt. II

X331 Further and higher education of disabled persons: Scotland. 1992 c. 37.E+W+S+N.I.

(1)The Further and Higher Education (Scotland) Act 1992 is amended as follows.

(2)In section 37 (establishment of Scottish Higher Education Funding Council) after subsection (4) insert—

(4A)In exercising their functions, the Council shall have regard to the requirements of disabled persons.

(4B)In subsection (4A) above, “disabled persons” means persons who are disabled persons for the purpose of the Disability Discrimination Act 1995.

[F70(3)In section 40 (administration of funds by the Council), after subsection (4) insert—

(5)Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which the Council make grants, loans or other payments under this section to the governing body of an institution within the higher education sector shall require the governing body to publish disability statements at such intervals as may be specified.

(6)For the purposes of subsection (5) above—

  • disability statement” means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purpose of the Disability Discrimination Act 1995; and

  • specified” means specified in the conditions subject to which grants, loans or other payments are made by the Council under this section.]

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Extent Information

E16In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Editorial Information

X3S. 31: With effect from 01.9.2002 s. 31 became subsumed by newly inserted cross-heading "Duties of funding council". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 01.9.2002 or navigate via the Pt. IV heading.

Amendments (Textual)

[F71 Interpretation of Chapter 2E+W+S+N.I.

F7231A InterpretationE+W+S+N.I.

(1)Subsections (2) to (4) apply for the purpose of interpreting this Chapter.

(2)Disabled student” means a student who is a disabled person.

(3)Student” means a person who is attending, or undertaking a course of study at, an educational institution.

(4)Educational institution”, “responsible body” and “student services” have the meaning given in section 28R.]

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Amendments (Textual)

F72S. 31A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 33 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F73Chapter 3E+W+S+N.I. SUPPLEMENTARY

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Amendments (Textual)

F73Pt. IV: Chapter heading and s. 31B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 37 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F7431B Conciliation for disputesE+W+S+N.I.

(1)The Disability Rights Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in connection with disputes.

(2)In deciding what arrangements (if any) to make, the Commission must have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes which the parties may wish to refer to conciliation.

(3)No member or employee of the Commission may provide conciliation services in connection with disputes.

(4)The Commission must ensure that arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by any person in connection with the provision of conciliation services in accordance with the arrangements.

(5)Subsection (4) does not apply to information which is disclosed with the consent of the parties to the dispute to which it relates.

(6)Subsection (4) does not apply to information which—

(a)does not identify a particular dispute or a particular person; and

(b)is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned.

(7)Anything communicated to a person providing conciliation services in accordance with arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it.

(8)Conciliation services” means advice and assistance provided to the parties to a dispute, by a conciliator, with a view to promoting its settlement otherwise than through a court, tribunal or other body.

(9)Dispute” means a dispute arising under Chapter 1 or 2 concerning an allegation of discrimination.

(10)Discrimination” means anything which is made unlawful discrimination by a provision of Chapter 1 or 2.]

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Amendments (Textual)

F74S. 31B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 37 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F7531C Application to Isles of ScillyE+W+S+N.I.
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Amendments (Textual)

F75S. 31C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 39 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

This Part applies to the Isles of Scilly—

(a)as if the Isles were a separate non-metropolitan county (and the Council of the Isles of Scilly were a county council), and

(b)with such other modifications as may be specified in an order made by the Secretary of State.]

Part VE+W+S+N.I. Public Transport

TaxisE+W+S+N.I.

Prospective

32 Taxi accessibility regulations.E+W+S+N.I.

(1)The Secretary of State may make regulations (“taxi accessibility regulations”) for the purpose of securing that it is possible—

(a)for disabled persons—

(i)to get into and out of taxis in safety;

(ii)to be carried in taxis in safety and in reasonable comfort; and

(b)for disabled persons in wheelchairs—

(i)to be conveyed in safety into and out of taxis while remaining in their wheelchairs; and

(ii)to be carried in taxis in safety and in reasonable comfort while remaining in their wheelchairs.

(2)Taxi accessibility regulations may, in particular—

(a)require any regulated taxi to conform with provisions of the regulations as to—

(i)the size of any door opening which is for the use of passengers;

(ii)the floor area of the passenger compartment;

(iii)the amount of headroom in the passenger compartment;

(iv)the fitting of restraining devices designed to ensure the stability of a wheelchair while the taxi is moving;

(b)require the driver of any regulated taxi which is plying for hire, or which has been hired, to comply with provisions of the regulations as to the carrying of ramps or other devices designed to facilitate the loading and unloading of wheelchairs;

(c)require the driver of any regulated taxi in which a disabled person who is in a wheelchair is being carried (while remaining in his wheelchair) to comply with provisions of the regulations as to the position in which the wheelchair is to be secured.

(3)The driver of a regulated taxi which is plying for hire, or which has been hired, is guilty of an offence if—

(a)he fails to comply with any requirement imposed on him by the regulations; or

(b)the taxi fails to conform with any provision of the regulations with which it is required to conform.

(4)A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5)In this section—

  • passenger compartment” has such meaning as may be prescribed;

  • regulated taxi” means any taxi to which the regulations are expressed to apply;

  • taxi” means a vehicle licensed under—

    (a)

    section 37 of the M11Town Police Clauses Act 1847, or

    (b)

    section 6 of the M12Metropolitan Public Carriage Act 1869,

    but does not include a taxi which is drawn by a horse or other animal.

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Extent Information

E17In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Marginal Citations

Prospective

33 Designated transport facilities.E+W+S+N.I.

(1)In this section “a franchise agreement” means a contract entered into by the operator of a designated transport facility for the provision by the other party to the contract of hire car services—

(a)for members of the public using any part of the transport facility; and

(b)which involve vehicles entering any part of that facility.

(2)The Secretary of State may by regulations provide for the application of any taxi provision in relation to—

(a)vehicles used for the provision of services under a franchise agreement; or

(b)the drivers of such vehicles.

(3)Any regulations under subsection (2) may apply any taxi provision with such modifications as the Secretary of State considers appropriate.

(4)In this section—

  • designated” means designated for the purposes of this section by an order made by the Secretary of State;

  • hire car” has such meaning as may be prescribed;

  • operator”, in relation to a transport facility, means any person who is concerned with the management or operation of the facility;

  • taxi provision” means any provision of—

    (a)

    this Act, or

    (b)

    regulations made in pursuance of section 20(2A) of the M13Civic Government (Scotland) Act 1982,

    which applies in relation to taxis or the drivers of taxis; and

  • transport facility” means any premises which form part of any port, airport, railway station or bus station.

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Extent Information

E18In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Modifications etc. (not altering text)

C16S. 33: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Marginal Citations

Prospective

34 New licences conditional on compliance with taxi accessibility regulations.E+W+S+N.I.

(1)No licensing authority shall grant a licence for a taxi to ply for hire unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.

(2)Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.

(3)The Secretary of State may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order.

(4)Separate orders may be made under subsection (3) with respect to different areas or localities.

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Extent Information

E19In its application to Northern Ireland, this section has effect as substituted by Sch. 8 para. 18; see s. 70(6)

Prospective

35 Exemption from taxi accessibility regulations.E+W+S+N.I.

(1)The Secretary of State may make regulations (“exemption regulations”) for the purpose of enabling any relevant licensing authority to apply to him for an order (an “exemption order”) exempting the authority from the requirements of section 34.

(2)Exemption regulations may, in particular, make provision requiring a licensing authority proposing to apply for an exemption order—

(a)to carry out such consultations as may be prescribed;

(b)to publish the proposal in the prescribed manner;

(c)to consider any representations made to it about the proposal, before applying for the order;

(d)to make its application in the prescribed form.

(3)A licensing authority may apply for an exemption order only if it is satisfied—

(a)that, having regard to the circumstances prevailing in its area, it would be inappropriate for the requirements of section 34 to apply; and

(b)that the application of section 34 would result in an unacceptable reduction in the number of taxis in its area.

(4)After considering any application for an exemption order and consulting the Disabled Persons Transport Advisory Committee and such other persons as he considers appropriate, the Secretary of State may—

(a)make an exemption order in the terms of the application;

(b)make an exemption order in such other terms as he considers appropriate; or

(c)refuse to make an exemption order.

(5)The Secretary of State may by regulations (“swivel seat regulations”) make provision requiring any exempt taxi plying for hire in an area in respect of which an exemption order is in force to conform with provisions of the regulations as to the fitting and use of swivel seats.

(6)The Secretary of State may by regulations make provision with respect to swivel seat regulations similar to that made by section 34 with respect to taxi accessibility regulations.

(7)In this section—

  • exempt taxi” means a taxi in relation to which section 34(1) would apply if the exemption order were not in force;

  • relevant licensing authority” means a licensing authority responsible for licensing taxis in any area of England and Wales other than the area to which the M14Metropolitan Public Carriage Act 1869 applies; and

  • swivel seats” has such meaning as may be prescribed.

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Extent Information

E20In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Marginal Citations

Prospective

36 Carrying of passengers in wheelchairs.E+W+S+N.I.

(1)This section imposes duties on the driver of a regulated taxi which has been hired—

(a)by or for a disabled person who is in a wheelchair; or

(b)by a person who wishes such a disabled person to accompany him in the taxi.

(2)In this section—

  • carry” means carry in the taxi concerned; and

  • the passenger” means the disabled person concerned.

(3)The duties are—

(a)to carry the passenger while he remains in his wheelchair;

(b)not to make any additional charge for doing so;

(c)if the passenger chooses to sit in a passenger seat, to carry the wheelchair;

(d)to take such steps as are necessary to ensure that the passenger is carried in safety and in reasonable comfort;

(e)to give such assistance as may be reasonably required—

(i)to enable the passenger to get into or out of the taxi;

(ii)if the passenger wishes to remain in his wheelchair, to enable him to be conveyed into and out of the taxi while in his wheelchair;

(iii)to load the passenger’s luggage into or out of the taxi;

(iv)if the passenger does not wish to remain in his wheelchair, to load the wheelchair into or out of the taxi.

(4)Nothing in this section is to be taken to require the driver of any taxi—

(a)except in the case of a taxi of a prescribed description, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey; or

(b)to carry any person in circumstances in which it would otherwise be lawful for him to refuse to carry that person.

(5)A driver of a regulated taxi who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6)In any proceedings for an offence under this section, it is a defence for the accused to show that, even though at the time of the alleged offence the taxi conformed with those provisions of the taxi accessibility regulations with which it was required to conform, it would not have been possible for the wheelchair in question to be carried in safety in the taxi.

(7)If the licensing authority is satisfied that it is appropriate to exempt a person from the duties imposed by this section—

(a)on medical grounds, or

(b)on the ground that his physical condition makes it impossible or unreasonably difficult for him to comply with the duties imposed on drivers by this section,

it shall issue him with a certificate of exemption.

(8)A certificate of exemption shall be issued for such period as may be specified in the certificate.

(9)The driver of a regulated taxi is exempt from the duties imposed by this section if—

(a)a certificate of exemption issued to him under this section is in force; and

(b)the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner.

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Extent Information

E21In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

37 Carrying of guide dogs and hearing dogs.E+W+S+N.I.

(1)This section imposes duties on the driver of a taxi which has been hired—

(a)by or for a disabled person who is accompanied by his guide dog or hearing dog, or

(b)by a person who wishes such a disabled person to accompany him in the taxi.

(2)The disabled person is referred to in this section as “the passenger”.

(3)The duties are—

(a)to carry the passenger’s dog and allow it to remain with the passenger; and

(b)not to make any additional charge for doing so.

(4)A driver of a taxi who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5)If the licensing authority is satisfied that it is appropriate on medical grounds to exempt a person from the duties imposed by this section, it shall issue him with a certificate of exemption.

(6)In determining whether to issue a certificate of exemption, the licensing authority shall, in particular, have regard to the physical characteristics of the taxi which the applicant drives or those of any kind of taxi in relation to which he requires the certificate.

(7)A certificate of exemption shall be issued—

(a)with respect to a specified taxi or a specified kind of taxi; and

(b)for such period as may be specified in the certificate.

(8)The driver of a taxi is exempt from the duties imposed by this section if—

(a)a certificate of exemption issued to him under this section is in force with respect to the taxi; and

(b)the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner.

(9)The Secretary of State may, for the purposes of this section, prescribe any other category of dog trained to assist a disabled person who has a disability of a prescribed kind.

(10)This section applies in relation to any such prescribed category of dog as it applies in relation to guide dogs.

(11)In this section—

  • guide dog” means a dog which has been trained to guide a blind person; and

  • hearing dog” means a dog which has been trained to assist a deaf person.

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Extent Information

E22In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I21S. 37 partly in force; s. 37 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 37 in force for E.W. at 1.12.2000 for specified purposes and at 31.3.2001 for all other purposes by S.I. 2000/2989, art. 2(a)(b); s. 37 in force for N.I. at 1.6.2001 for specified purposes and at 1.8.2001 for all other purposes by S.R. 2001/163, art. 2(1)

Prospective

[F7637A Carrying of assistance dogs in private hire vehiclesE+W+S+N.I.
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Amendments (Textual)

F76S. 37A inserted (prosp.) by 2002 c. 37, ss. 1(1), 6(2)

(1)It is an offence for the operator of a private hire vehicle to fail or refuse to accept a booking for a private hire vehicle—

(a)if the booking is requested by or on behalf of a disabled person, or a person who wishes a disabled person to accompany him; and

(b)the reason for the failure or refusal is that the disabled person will be accompanied by his assistance dog.

(2)It is an offence for the operator of a private hire vehicle to make an additional charge for carrying an assistance dog which is accompanying a disabled person.

(3)It is an offence for the driver of a private hire vehicle to fail or refuse to carry out a booking accepted by the operator of the vehicle—

(a)if the booking was made by or on behalf of a disabled person, or a person who wishes a disabled person to accompany him; and

(b)the reason for the failure or refusal is that the disabled person is accompanied by his assistance dog.

(4)A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)If the licensing authority is satisfied that it is appropriate on medical grounds to issue a certificate of exemption to a driver in respect of subsection (3) it must do so.

(6)In determining whether to issue a certificate of exemption, the licensing authority shall, in particular, have regard to the physical characteristics of the private hire vehicle which the applicant drives or those of any kind of private hire vehicle in relation to which he requires the certificate.

(7)A certificate of exemption shall be issued—

(a)with respect to a specified private hire vehicle or a specified kind of private hire vehicle; and

(b)for such period as may be specified in the certificate.

(8)No offence is committed by a driver under subsection (3) if—

(a)a certificate of exemption issued to him under this section is in force with respect to the private hire vehicle; and

(b)the prescribed notice is exhibited on the private hire vehicle in the prescribed manner.

(9)In this section—

  • assistance dog” means a dog which—

    (a)

    has been trained to guide a blind person;

    (b)

    has been trained to assist a deaf person;

    (c)

    has been trained by a prescribed charity to assist a disabled person who has a disability which—

    (c)
    (i)

    consists of epilepsy; or

    (ii)

    otherwise affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects;

  • driver” means a person who holds a licence granted under—

    (a)

    section 13 of the Private Hire Vehicles (London) Act 1998 (c. 34) (“the 1998 Act”);

    (b)

    section 51 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (“the 1976 Act”); or

    (c)

    an equivalent provision of a local enactment;

  • licensing authority”, in relation to any area of England and Wales, means the authority responsible for licensing private hire vehicles in that area;

  • operator” means a person who holds a licence granted under—

    (a)

    section 3 of the 1998 Act;

    (b)

    section 55 of the 1976 Act; or

    (c)

    an equivalent provision of a local enactment;

  • private hire vehicle” means a vehicle licensed under—

    (a)

    section 6 of the 1998 Act;

    (b)

    section 48 of the 1976 Act; or

    (c)

    an equivalent provision of a local enactment.]

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Extent Information

E23In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

38 Appeal against refusal of exemption certificate.E+W+S+N.I.

(1)Any person who is aggrieved by the refusal of a licensing authority to issue an exemption certificate under section 36 or 37 may appeal to the appropriate court before the end of the period of 28 days beginning with the date of the refusal.

(2)On an appeal to it under this section, the court may direct the licensing authority concerned to issue the appropriate certificate of exemption to have effect for such period as may be specified in the direction.

(3)Appropriate court” means the magistrates’ court for the petty sessions area in which the licensing authority has its principal office.

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Extent Information

E24In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I22S. 38 partly in force; s. 38 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 38 in force for E.W. at 1.12.2000 by S.I. 2000/2989, art. 3; s. 38 in force for N.I. at 1.6.2001 by S.R. 2001/163, art. 2(2)

Prospective

39 Requirements as to disabled passengers in Scotland.E+W+S+N.I.

(1)Part II of the M15Civic Government (Scotland) Act 1982 (licensing and regulation) is amended as follows.

(2)In subsection (4) of section 10 (suitability of vehicle for use as taxi)—

(a)after “authority” insert “ — (a)”; and

(b)at the end add ; and

(b)as not being so suitable if it does not so comply.

(3)In section 20 (regulations relating to taxis etc.) after subsection (2) insert—

(2A)Without prejudice to the generality of subsections (1) and (2) above, regulations under those subsections may make such provision as appears to the Secretary of State to be necessary or expedient in relation to the carrying in taxis of disabled persons (within the meaning of section 1(2) of the M16Disability Discrimination Act 1995) and such provision may in particular prescribe—

(a)requirements as to the carriage of wheelchairs, guide dogs, hearing dogs and other categories of dog;

(b)a date from which any such provision is to apply and the extent to which it is to apply; and

(c)the circumstances in which an exemption from such provision may be granted in respect of any taxi or taxi driver,

and in this subsection—

  • guide dog” means a dog which has been trained to guide a blind person;

  • hearing dog” means a dog which has been trained to assist a deaf person; and

  • other categories of dog” means such other categories of dog as the Secretary of State may prescribe, trained to assist disabled persons who have disabilities of such kinds as he may prescribe.

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Extent Information

E25In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Marginal Citations

Public service vehiclesE+W+S+N.I.

40 PSV accessibility regulations.E+W+S+N.I.

(1)The Secretary of State may make regulations (“PSV accessibility regulations”) for the purpose of securing that it is possible for disabled persons—

(a)to get on to and off regulated public service vehicles in safety and without unreasonable difficulty (and, in the case of disabled persons in wheelchairs, to do so while remaining in their wheelchairs); and

(b)to be carried in such vehicles in safety and in reasonable comfort.

(2)PSV accessibility regulations may, in particular, make provision as to the construction, use and maintenance of regulated public service vehicles including provision as to—

(a)the fitting of equipment to vehicles;

(b)equipment to be carried by vehicles;

(c)the design of equipment to be fitted to, or carried by, vehicles;

(d)the fitting and use of restraining devices designed to ensure the stability of wheelchairs while vehicles are moving;

(e)the position in which wheelchairs are to be secured while vehicles are moving.

(3)Any person who—

(a)contravenes or fails to comply with any provision of the PSV accessibility regulations,

(b)uses on a road a regulated public service vehicle which does not conform with any provision of the regulations with which it is required to conform, or

(c)causes or permits to be used on a road such a regulated public service vehicle,

is guilty of an offence.

(4)A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(5)In this section—

  • public service vehicle” means a vehicle which is—

    (a)

    adapted to carry more than eight passengers; and

    (b)

    a public service vehicle for the purposes of the M17Public Passenger Vehicles Act 1981;

  • regulated public service vehicle” means any public service vehicle to which the PSV accessibility regulations are expressed to apply.

(6)Different provision may be made in regulations under this section—

(a)as respects different classes or descriptions of vehicle;

(b)as respects the same class or description of vehicle in different circumstances.

(7)Before making any regulations under this section or section 41 or 42 the Secretary of State shall consult the Disabled Persons Transport Advisory Committee and such other representative organisations as he thinks fit.

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Extent Information

E26In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I23S. 40 partly in force; s. 40 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 40 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2

Marginal Citations

41 Accessibility certificates.E+W+S+N.I.

(1)A regulated public service vehicle shall not be used on a road unless—

(a)a vehicle examiner has issued a certificate (an “accessibility certificate”) that such provisions of the PSV accessibility regulations as may be prescribed are satisfied in respect of the vehicle; or

(b)an approval certificate has been issued under section 42 in respect of the vehicle.

(2)The Secretary of State may make regulations—

(a)with respect to applications for, and the issue of, accessibility certificates;

(b)providing for the examination of vehicles in respect of which applications have been made;

(c)with respect to the issue of copies of accessibility certificates in place of certificates which have been lost or destroyed.

(3)If a regulated public service vehicle is used in contravention of this section, the operator of the vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)In this section “operator” has the same meaning as in the M18Public Passenger Vehicles Act 1981.

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Extent Information

E27In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I24S. 41 partly in force; s. 41 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 41 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2

Marginal Citations

42 Approval certificates.E+W+S+N.I.

(1)Where the Secretary of State is satisfied that such provisions of the PSV accessibility regulations as may be prescribed for the purposes of section 41 are satisfied in respect of a particular vehicle he may approve the vehicle for the purposes of this section.

(2)A vehicle which has been so approved is referred to in this section as a “type vehicle”.

(3)Subsection (4) applies where a declaration in the prescribed form has been made by an authorised person that a particular vehicle conforms in design, construction and equipment with a type vehicle.

(4)A vehicle examiner may, after examining (if he thinks fit) the vehicle to which the declaration applies, issue a certificate in the prescribed form (“an approval certificate”) that it conforms to the type vehicle.

(5)The Secretary of State may make regulations—

(a)with respect to applications for, and grants of, approval under subsection (1);

(b)with respect to applications for, and the issue of, approval certificates;

(c)providing for the examination of vehicles in respect of which applications have been made;

(d)with respect to the issue of copies of approval certificates in place of certificates which have been lost or destroyed.

(6)The Secretary of State may at any time withdraw his approval of a type vehicle.

(7)Where an approval is withdrawn—

(a)no further approval certificates shall be issued by reference to the type vehicle; but

(b)any approval certificate issued by reference to the type vehicle before the withdrawal shall continue to have effect for the purposes of section 41.

(8)In subsection (3) “authorised person” means a person authorised by the Secretary of State for the purposes of that subsection.

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Extent Information

E28In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I25S. 42 partly in force; s. 42 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 42 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2

43 Special authorisations.E+W+S+N.I.

(1)The Secretary of State may by order authorise the use on roads of—

(a)any regulated public service vehicle of a class or description specified by the order, or

(b)any regulated public service vehicle which is so specified,

and nothing in section 40, 41 or 42 prevents the use of any vehicle in accordance with the order.

(2)Any such authorisation may be given subject to such restrictions and conditions as may be specified by or under the order.

(3)The Secretary of State may by order make provision for the purpose of securing that, subject to such restrictions and conditions as may be specified by or under the order, provisions of the PSV accessibility regulations apply to regulated public service vehicles of a description specified by the order subject to such modifications or exceptions as may be specified by the order.

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Extent Information

E29In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8 para. 27; see s. 70(6)

Commencement Information

I26S. 43 partly in force; s. 43 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 43 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2

44 Reviews and appeals.E+W+S+N.I.

(1)Subsection (2) applies where—

(a)the Secretary of State refuses an application for the approval of a vehicle under section 42(1); and

(b)before the end of the prescribed period, the applicant asks the Secretary of State to review the decision and pays any fee fixed under section 45.

(2)The Secretary of State shall—

(a)review the decision; and

(b)in doing so, consider any representations made to him in writing, before the end of the prescribed period, by the applicant.

(3)A person applying for an accessibility certificate or an approval certificate may appeal to the Secretary of State against the refusal of a vehicle examiner to issue such a certificate.

(4)An appeal must be made within the prescribed time and in the prescribed manner.

(5)Regulations may make provision as to the procedure to be followed in connection with appeals.

(6)On the determination of an appeal, the Secretary of State may—

(a)confirm, vary or reverse the decision appealed against;

(b)give such directions as he thinks fit to the vehicle examiner for giving effect to his decision.

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Extent Information

E30In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I27S. 44 partly in force; s. 44 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 44 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2

45 Fees.E+W+S+N.I.

(1)Such fees, payable at such times, as may be prescribed may be charged by the Secretary of State in respect of—

(a)applications for, and grants of, approval under section 42(1);

(b)applications for, and the issue of, accessibility certificates and approval certificates;

(c)copies of such certificates;

(d)reviews and appeals under section 44.

(2)Any such fees received by the Secretary of State shall be paid by him into the Consolidated Fund.

(3)Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed.

(4)Before making any regulations under subsection (1) the Secretary of State shall consult such representative organisations as he thinks fit.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E31In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I28S. 45 partly in force; s. 45 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 45 in force for E.W.S. at 30.8.2000 by S.I. 2000/1969, art. 2

Rail vehiclesE+W+S+N.I.

46 Rail vehicle accessibility regulations.E+W+S+N.I.

(1)The Secretary of State may make regulations (“rail vehicle accessibility regulations”) for the purpose of securing that it is possible—

(a)for disabled persons—

(i)to get on to and off regulated rail vehicles in safety and without unreasonable difficulty;

(ii)to be carried in such vehicles in safety and in reasonable comfort; and

(b)for disabled persons in wheelchairs—

(i)to get on to and off such vehicles in safety and without unreasonable difficulty while remaining in their wheelchairs, and

(ii)to be carried in such vehicles in safety and in reasonable comfort while remaining in their wheelchairs.

(2)Rail vehicle accessibility regulations may, in particular, make provision as to the construction, use and maintenance of regulated rail vehicles including provision as to—

(a)the fitting of equipment to vehicles;

(b)equipment to be carried by vehicles;

(c)the design of equipment to be fitted to, or carried by, vehicles;

(d)the use of equipment fitted to, or carried by, vehicles;

(e)the toilet facilities to be provided in vehicles;

(f)the location and floor area of the wheelchair accommodation to be provided in vehicles;

(g)assistance to be given to disabled persons.

(3)If a regulated rail vehicle which does not conform with any provision of the rail vehicle accessibility regulations with which it is required to conform is used for carriage, the operator of the vehicle is guilty of an offence.

(4)A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(5)Different provision may be made in rail vehicle accessibility regulations—

(a)as respects different classes or descriptions of rail vehicle;

(b)as respects the same class or description of rail vehicle in different circumstances;

(c)as respects different networks.

(6)In this section—

  • network” means any permanent way or other means of guiding or supporting rail vehicles or any section of it;

  • operator”, in relation to any rail vehicle, means the person having the management of that vehicle;

  • rail vehicle” means a vehicle—

    (a)

    constructed or adapted to carry passengers on any railway, tramway or prescribed system; and

    (b)

    first brought into use, or belonging to a class of vehicle first brought into use, after 31st December 1998;

  • regulated rail vehicle” means any rail vehicle to which the rail vehicle accessibility regulations are expressed to apply; and

  • wheelchair accommodation” has such meaning as may be prescribed.

(7)In subsection (6)—

  • prescribed system” means a system using a prescribed mode of guided transport “guided transport” having the same meaning as in the M19Transport and Works Act 1992); and

  • railway” and “tramway” have the same meaning as in that Act.

(8)The Secretary of State may by regulations make provision as to the time when a rail vehicle, or a class of rail vehicle, is to be treated, for the purposes of this section, as first brought into use.

(9)Regulations under subsection (8) may include provision for disregarding periods of testing and other prescribed periods of use.

(10)For the purposes of this section and section 47, a person uses a vehicle for carriage if he uses it for the carriage of members of the public for hire or reward at separate fares.

(11)Before making any regulations under subsection (1) or section 47 the Secretary of State shall consult the Disabled Persons Transport Advisory Committee and such other representative organisations as he thinks fit.

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Extent Information

E32In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Modifications etc. (not altering text)

C17S. 46: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 6(d), Sch. 4 Pt. IV

Marginal Citations

47 Exemption from rail vehicle accessibility regulations.E+W+S+N.I.

(1)The Secretary of State may by order (an “exemption order”) authorise the use for carriage of any regulated rail vehicle of a specified description, or in specified circumstances, even though that vehicle does not conform with the provisions of the rail vehicle accessibility regulations with which it is required to conform.

(2)Regulations may make provision with respect to exemption orders including, in particular, provision as to—

(a)the persons by whom applications for exemption orders may be made;

(b)the form in which such applications are to be made;

(c)information to be supplied in connection with such applications;

(d)the period for which exemption orders are to continue in force;

(e)the revocation of exemption orders.

(3)After considering any application for an exemption order and consulting the Disabled Persons Transport Advisory Committee and such other persons as he considers appropriate, the Secretary of State may—

(a)make an exemption order in the terms of the application;

(b)make an exemption order in such other terms as he considers appropriate;

(c)refuse to make an exemption order.

(4)An exemption order may be made subject to such restrictions and conditions as may be specified.

(5)In this section “specified” means specified in an exemption order.

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Extent Information

E33In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Modifications etc. (not altering text)

C18S. 47: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 6(d), Sch. 4 Pt. IV

SupplementalE+W+S+N.I.

48 Offences by bodies corporate etc.E+W+S+N.I.

(1)Where an offence under section 40 or 46 committed by a body corporate is committed with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, he as well as the body corporate is guilty of the offence.

(2)In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3)Where, in Scotland, an offence under section 40 or 46 committed by a partnership or by an unincorporated association other than a partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a partner in the partnership or (as the case may be) a person concerned in the management or control of the association, he, as well as the partnership or association, is guilty of the offence.

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Extent Information

E34In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I29S. 48 partly in force; s. 48 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 48 in force for certain purposes (E.W.S.) at 13.5.1998 by S.I. 1998/1282, art. 2; s. 48 in force for certain purposes (N.I.) at 13.5.1998 by S.R. 1998/183, art. 2; s. 48 in force (E.W.S.) at 30.8.2000 to the extent not previously in force by S.I. 2000/1969, art. 2

Prospective

49 Forgery and false statements.E+W+S+N.I.

(1)In this section “relevant document” means—

(a)a certificate of exemption issued under section 36 or 37;

(b)a notice of a kind mentioned in section 36(9)(b) or 37(8)(b);

(c)an accessibility certificate; or

(d)an approval certificate.

(2)A person is guilty of an offence if, with intent to deceive, he—

(a)forges, alters or uses a relevant document;

(b)lends a relevant document to any other person;

(c)allows a relevant document to be used by any other person; or

(d)makes or has in his possession any document which closely resembles a relevant document.

(3)A person who is guilty of an offence under subsection (2) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(4)A person who knowingly makes a false statement for the purpose of obtaining an accessibility certificate or an approval certificate is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

49 Forgery and false statements.E+W+S+N.I.

(1)In this section “relevant document” means—

(a)a certificate of exemption issued under section [F115section 36, 37 or 37A];

(b)a notice of a kind mentioned in [F116section 36(9)(b), 37(8)(b) or 37A(8)(b)];

(c)an accessibility certificate; or

(d)an approval certificate.

(2)A person is guilty of an offence if, with intent to deceive, he—

(a)forges, alters or uses a relevant document;

(b)lends a relevant document to any other person;

(c)allows a relevant document to be used by any other person; or

(d)makes or has in his possession any document which closely resembles a relevant document.

(3)A person who is guilty of an offence under subsection (2) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(4)A person who knowingly makes a false statement for the purpose of obtaining an accessibility certificate or an approval certificate is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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Amendments (Textual)

F115Words in s. 49(1)(a) substituted (prosp.) by 2002 c. 37, ss. 4(2), 6(2)

F116Words in s. 49(1)(b) substituted (prosp.) by 2002 c. 37, ss. 4(3), 6(2)

Part VIE+W+S+N.I. The National Disability Council

F77F7850. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F77S. 50 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2, Appendix

F78S. 50 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch., Appendix

[F7951 Codes of practice prepared by the Council.E+W+S

F79(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.

(4)A code is admissible in evidence in any proceedings under this Act before an [F80employment tribunal], a county court or a sheriff court.

(5)If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.

(6)In this section and section 52 “code” means a code issued by the Secretary of State under this section and includes a code which has been altered and re-issued.]

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Extent Information

E35This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F79S. 51 repealed (E.W.S.) (25.4.2000 in relation to s. 51(1)(2) and otherwiseprosp.) by 1999 c. 17, ss. 14(2), 16(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2, Appendix

F80Words in s. 51 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. art. 2(1), Sch. 1

Commencement Information

I30S. 51 wholly in force at 1.1.1996; s. 51 not in force at Royal Assent see. s. 70(3); s. 51 in force (E.W.S.) at 1.1.1996 by S.I.1995/3330, art. 2

[F11751 Codes of practice prepared by the Council.N.I.

F117(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F117(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.

(4)A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, [F118or a county court].

(5)If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.

(6)In this section and section 52 “code” means a code issued by [F119a Northern Ireland department] under this section and includes a code which has been altered and re-issued.]

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Extent Information

E53This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Amendments (Textual)

F117S. 51 repealed (N.I.) (25.4.2000 in relation to s. 51(1)(2) and otherwiseprosp.) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch., Appendix

F118Words in s. 51(4) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 34(3) of this Act

F119Words in s. 51(6) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 34(4) of this Act

Commencement Information

I43S. 51 wholly in force at 2.1.1996; s. 51 not in force at Royal Assent see. s. 70(3); s. 51 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

[F81F8252 Further provision about codes issued under section 51.E+W+S+N.I.

F81(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)The Secretary of State may by order revoke a code.

F81(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Extent Information

E36In its application to Northern Ireland, this section has effect as substituted by Sch. 8 para. 35 of this Act; see s. 70(6)

Amendments (Textual)

F81S. 52 repealed (E.W.S.) (25.4.2000 in relation to s. 52(1)-(10)(12), otherwiseprosp.) by 1999 c. 17, ss. 14(2), 16(2), Sch. 5 (with ss. 9(2), 15); S.I. 2000/880, art. 2, Sch. 2 Appendix

F82S. 52 repealed (N.I.) (25.4.2000 in relation to s. 52(1) (with the exception of para. (b) in the definition of “responsible Department”) to (10), otherwiseprosp.) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with arts. 11(2)(3), 17); S.R. 2000/140, art. 2, Sch. Appendix

Commencement Information

I31S. 52 wholly in force at 2.1.1996; s. 52 not in force at Royal Assent see. s. 70(3); s. 52 in force (E.W.S.) at 1.1.1996 by S.I. 1995/3330, art. 2; s. 52 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2

Part VIIE+W+S+N.I. Supplemental

[F8353A Codes of practice.E+W+S
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Amendments (Textual)

F83S. 53A inserted at the beginning of Pt. VII (E.W.S.) (25.4.2000) by 1999 c. 17, s. 9(1) (with ss. 9(2)(3), 15); S.I. 2000/880, art. 2, Sch. 2

[F84(1)The Disability Rights Commission may prepare and issue codes of practice giving practical guidance on how to avoid discrimination, or on any other matter relating to the operation of any provision of Part 2, 3 or 4, to—

(a)employers;

(b)service providers;

(c)bodies which are responsible bodies for the purposes of Chapter 1 or 2 of Part 4; or

(d)other persons to whom the provisions of Parts 2 or 3 or Chapter 2 of Part 4 apply.

(1A)The Commission may also prepare and issue codes of practice giving practical guidance to any persons on any other matter with a view to—

(a)promoting the equalisation of opportunities for disabled persons and persons who have had a disability; or

(b)encouraging good practice in the way such persons are treated,

in any field of activity regulated by any provision of Part 2, 3 or 4.

(1B)Neither subsection (1) nor (1A) applies in relation to any duty imposed by or under sections 28D or 28E.]

(2)The Commission shall, when requested to do so by the Secretary of State, prepare a code of practice dealing with the matters specified in the request.

(3)In preparing a code of practice the Commission shall carry out such consultations as it considers appropriate (which shall include the publication for public consultation of proposals relating to the code).

(4)The Commission may not issue a code of practice unless—

(a)a draft of it has been submitted to and approved by the Secretary of State and laid by him before both Houses of Parliament; and

(b)the 40 day period has elapsed without either House resolving not to approve the draft.

(5)If the Secretary of State does not approve a draft code of practice submitted to him he shall give the Commission a written statement of his reasons.

(6)A code of practice issued by the Commission—

(a)shall come into effect on such day as the Secretary of State may by order appoint;

(b)may be revised in whole or part, and re-issued, by the Commission; and

(c)may be revoked by an order made by the Secretary of State at the request of the Commission.

(7)Where the Commission proposes to revise a code of practice—

(a)it shall comply with subsection (3) in relation to the revisions; and

(b)the other provisions of this section apply to the revised code of practice as they apply to a new code of practice.

(8)Failure to observe any provision of a code of practice does not of itself make a person liable to any proceedings F85. . ..

[F86(8A)But if a provision of a code of practice appears to a court, tribunal or other body hearing any proceedings under Part 2, 3 or 4 to be relevant, it must take that provision into account.]

(9)In this section—

  • code of practice” means a code of practice under this section;

  • discrimination” means anything which is unlawful discrimination for the purposes of any provision of Part II [F87, 3 or 4]; and

  • 40 day period” has the same meaning in relation to a draft code of practice as it has in section 3 in relation to draft guidance.]

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Amendments (Textual)

F84S. 53A(1)-(1B) substituted for s. 53A(1) (1.7.2002 for certain purposes otherwise 1.9.2002) by 2001 c. 10, s. 36(2) (with s. 43(13)); S.I. 2002/1721, art. 3, Sch. Pt. I; S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F87S. 53A(9): Words in definition of “discrimination” substituted (1.9.2002) by 2001 c. 10, s. 36(5) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Modifications etc. (not altering text)

C19S. 53A: power to extend conferred (25.4.2000) by 1999 c. 17, s. 9(2) (with ss. 9(3), 15); S.I. 2000/880, art. 2, Sch. 2

[F8854A Codes of practice.N.I.
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Amendments (Textual)

F88S. 54A inserted at the beginning of Pt. VII (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 11(1) (with arts. 11(2)(3), 17); S.R. 2000/140, art. 2, Sch.

(1)The Commission may prepare and issue codes of practice giving practical guidance—

(a)to employers, service providers or other persons to whom provisions of Part II or Part III apply on how to avoid discrimination or on any other matter relating to the operation of those provisions in relation to them; or

(b)to any persons on any other matter, with a view to—

(i)promoting the equalisation of opportunities for disabled persons and persons who have had a disability, or

(ii)encouraging good practice regarding the treatment of such persons,

in any field of activity regulated by any provision of Part II or Part III.

(2)The Commission shall, when requested to do so by the Office, prepare a code of practice dealing with the matters specified in the request.

(3)In preparing a code of practice the Commission shall carry out such consultations as it considers appropriate (which shall include the publication for public consultation of proposals relating to the code).

(4)The Commission may not issue a code of practice unless—

(a)a draft of it has been submitted to and approved by the Office and laid by the Office before the Assembly; and

(b)the statutory period has elapsed without the Assembly resolving not to approve the draft.

(5)If the Office does not approve a draft code of practice submitted to it the Office shall give the Commission a written statement of its reasons.

(6)A code of practice issued by the Commission—

(a)shall come into effect on such day as the Office may by order appoint;

(b)may be revised in whole or part, and re-issued, by the Commission; and

(c)may be revoked by an order made by the Office at the request of the Commission.

(7)Where the Commission proposes to revise a code of practice—

(a)it shall comply with subsection (3) in relation to the revisions; and

(b)the other provisions of this section apply to the revised code of practice as they apply to a new code of practice.

(8)Failure to observe any provision of a code of practice does not of itself make a person liable to any proceedings, but any provision of a code which appears to a court or tribunal to be relevant to any question arising in any proceedings under Part II or Part III shall be taken into account in determining that question.

(9)In this section—

“code of practice” means a code of practice under this section;

“the Commission” means the Equality Commission for Northern Ireland;

“discrimination” means anything which is unlawful discrimination for the purposes of any provision of Part II or Part III;

“the Office” means the Office of the First Minister and deputy First Minister; and

“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.]

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Modifications etc. (not altering text)

C20S. 54A: power to extend conferred (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 11(2) (with arts. 11(3), 17); S.R. 2000/140, art. 2, Sch.

[F8953 Codes of practice prepared by the Secretary of State.E+W+S

F89(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.

(5)A code is admissible in evidence in any proceedings under this Act before an [F90employment tribunal], a county court or a sheriff court.

(6)If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.

(7)In this section and section 54 “code” means a code issued by the Secretary of State under this section and includes a code which has been revised and re-issued.

F89(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Extent Information

E37This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F89S. 53 repealed (E.W.S) (25.4.2000 in relation to s. 53(1)-(3)(8)(9) and otherwiseprosp.) by 1999 c. 17, ss. 14(2), 16(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2, Appendix

F90Words in s. 53(5) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Commencement Information

I32S. 53 wholly in force at 6.6.1996; s. 53 not in force at Royal Assent see s. 70(3); s. 53 in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I

[F12053 Codes of practice prepared by the Secretary of State.N.I.

F120(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.

(5)A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, a county court or a sheriff court.

(6)If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.

(7)In this section and section 54 “code” means a code issued by the Secretary of State under this section and includes a code which has been revised and re-issued.

F120(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F120(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Extent Information

E54This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6). A separate version has been created for England And Wales and Scotland only

Amendments (Textual)

F120S. 53 repealed (N.I.) (25.4.2000 in relation to s. 53(1)-(3)(8)(9) and otherwiseprosp.) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch. Appendix

Commencement Information

I44S. 53 wholly in force 11.7.1996; s. 53 not in force at Royal Assent see s. 70(3); s. 53 in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I

[F91F91F9254F92 Further provision about codes issued under section 53.E+W+S+N.I.
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Amendments (Textual)

F91S. 54 repealed (E.W.S.) (25.4.2000 in relation to s. 54(1)-(7)(9) and otherwiseprosp.) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2, Appendix

F91(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The Secretary of State may by order revoke a code.

F91(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Extent Information

E38In its application to Northern Ireland, this section has effect as substituted by Sch. 8 para. 37 of this Act; see s. 70(6)

Amendments (Textual)

F92S. 54 repealed (N.I.) (25.4.2000 in relation to s. 54(1)-(7) and (9) (with the exception of the definition of the “Department”) and otherwiseprosp.) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17), S.R. 2000/140, art. 2, Sch. Appendix

Commencement Information

I33S. 54 wholly in force at 11.7.1996; s. 54 not in force at Royal Assent see s. 70(3); s. 54 in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 54 in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I

55 Victimisation.E+W+S

(1)For the purposes of Part II [F93, Part 3 or Part 4], a person (“A”) discriminates against another person (“B”) if—

(a)he treats B less favourably than he treats or would treat other persons whose circumstances are the same as B’s; and

(b)he does so for a reason mentioned in subsection (2).

(2)The reasons are that—

(a)B has—

(i)brought proceedings against A or any other person under this Act; or

(ii)given evidence or information in connection with such proceedings brought by any person; or

(iii)otherwise done anything under this Act in relation to A or any other person; or

(iv)alleged that A or any other person has (whether or not the allegation so states) contravened this Act; or

(b)A believes or suspects that B has done or intends to do any of those things.

(3)Where B is a disabled person, or a person who has had a disability, the disability in question shall be disregarded in comparing his circumstances with those of any other person for the purposes of subsection (1)(a).

[F94(3A)For the purposes of Chapter 1 of Part 4—

(a)references in subsection (2) to B include references to—

(i)a person who is, for the purposes of that Chapter, B’s parent; and

(ii)a sibling of B; and

(b)references in that subsection to this Act are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), restricted to that Chapter.]

(4)Subsection (1) does not apply to treatment of a person because of an allegation made by him if the allegation was false and not made in good faith.

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Amendments (Textual)

F93Words in s. 55(1) substituted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(7) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F94S. 55(3A) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(8) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Modifications etc. (not altering text)

C21S. 55 modified (E.W.) (2.3.1998) by S.I. 1999/218, art. 3, Sch. (with art. 1(2))

S. 55 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

56 Help for persons suffering discrimination.E+W+S

(1)For the purposes of this section—

(a)a person who considers that he may have been discriminated against, in contravention of any provision of Part II, is referred to as “the complainant”; and

(b)a person against whom the complainant may decide to make, or has made, a complaint under Part II is referred to as “the respondent”.

(2)The Secretary of State shall, with a view to helping the complainant to decide whether to make a complaint against the respondent and, if he does so, to formulate and present his case in the most effective manner, by order prescribe—

(a)forms by which the complainant may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and

(b)forms by which the respondent may if he so wishes reply to any questions.

(3)Where the complainant questions the respondent in accordance with forms prescribed by an order under subsection (2)—

(a)the question, and any reply by the respondent (whether in accordance with such an order or not), shall be admissible as evidence in any proceedings under Part II;

(b)if it appears to the tribunal in any such proceedings—

(i)that the respondent deliberately, and without reasonable excuse, omitted to reply within a reasonable period, or

(ii)that the respondent’s reply is evasive or equivocal,

it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent has contravened a provision of Part II.

(4)The Secretary of State may by order prescribe—

(a)the period within which questions must be duly served in order to be admissible under subsection (3)(a); and

(b)the manner in which a question, and any reply by the respondent, may be duly served.

(5)This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before an [F95employment tribunal], and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

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Extent Information

E39This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F95Words in s. 56(5) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Commencement Information

I34S. 56 wholly in force at 11.7.1996; s. 56 not in force at Royal assent see s. 70(3); s. 56 in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I

56 Help for persons suffering discrimination.N.I.

(1)For the purposes of this section—

(a)a person who considers that he may have been discriminated against, in contravention of any provision of Part II, is referred to as “the complainant”; and

(b)a person against whom the complainant may decide to make, or has made, a complaint under Part II is referred to as “the respondent”.

(2)The Secretary of State shall, with a view to helping the complainant to decide whether to make a complaint against the respondent and, if he does so, to formulate and present his case in the most effective manner, by order prescribe—

(a)forms by which the complainant may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and

(b)forms by which the respondent may if he so wishes reply to any questions.

(3)Where the complainant questions the respondent in accordance with forms prescribed by an order under subsection (2)—

(a)the question, and any reply by the respondent (whether in accordance with such an order or not), shall be admissible as evidence in any proceedings under Part II;

(b)if it appears to the tribunal in any such proceedings—

(i)that the respondent deliberately, and without reasonable excuse, omitted to reply within a reasonable period, or

(ii)that the respondent’s reply is evasive or equivocal,

it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent has contravened a provision of Part II.

(4)The Secretary of State may by order prescribe—

(a)the period within which questions must be duly served in order to be admissible under subsection (3)(a); and

(b)the manner in which a question, and any reply by the respondent, may be duly served.

(5)This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before an industrial tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

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Extent Information

E55This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6). A separate version has been created for England and Wales and Scotland only

Commencement Information

I45S. 56 wholly in force at 11.7.1996; s. 56 not in force at Royal assent see s. 70(3); s. 56 in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I

57 Aiding unlawful acts.E+W+S+N.I.

(1)A person who knowingly aids another person to do an [F96unlawful act] is to be treated for the purposes of this Act as himself doing the same kind of unlawful act.

(2)For the purposes of subsection (1), an employee or agent for whose act the employer or principal is liable under section 58 (or would be so liable but for section 58(5)) shall be taken to have aided the employer or principal to do the act.

(3)For the purposes of this section, a person does not knowingly aid another to do an unlawful act if—

(a)he acts in reliance on a statement made to him by that other person that, because of any provision of this Act, the act would not be unlawful; and

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

(4)A person who knowingly or recklessly makes such a statement which is false or misleading in a material respect is guilty of an offence.

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

[F97(6)Unlawful act” means an act made unlawful by any provision of this Act other than a provision contained in Chapter 1 of Part 4.]

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Amendments (Textual)

F96S. 57(1): words “unlawful act” substituted for words “act made unlawful by this Act” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(9) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F97S. 57(6) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(10) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Modifications etc. (not altering text)

C22S. 57 modified (E.W.)(2.3.1998) by S.I. 1998/218, art. 3, Sch. (with art. 1(2))

S. 57 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

58 Liability of employers and principals.E+W+S+N.I.

(1)Anything done by a person in the course of his employment shall be treated for the purposes of this Act as also done by his employer, whether or not it was done with the employer’s knowledge or approval.

(2)Anything done by a person as agent for another person with the authority of that other person shall be treated for the purposes of this Act as also done by that other person.

(3)Subsection (2) applies whether the authority was—

(a)express or implied; or

(b)given before or after the act in question was done.

(4)Subsections (1) and (2) do not apply in relation to an offence under section 57(4).

(5)In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of his, it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from—

(a)doing that act; or

(b)doing, in the course of his employment, acts of that description.

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Modifications etc. (not altering text)

C23S. 58 modified (E.W.)(2.3.1998) by S.I. 1998/218, art. 3, Sch. (with s. 1(2))

S. 58 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

59 Statutory authority and national security etc.E+W+S+N.I.

(1)Nothing in this Act makes unlawful any act done—

(a)in pursuance of any enactment; or

(b)in pursuance of any instrument made by a Minister of the Crown under any enactment; or

(c)to comply with any condition or requirement imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment.

(2)In subsection (1) “enactment” includes one passed or made after the date on which this Act is passed and “instrument” includes one made after that date.

(3)Nothing in this Act makes unlawful any act done for the purpose of safeguarding national security.

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Extent Information

E40In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I35S. 59 wholly in force at 30.5.1996; s. 59 not in force at Royal Assent see. s. 70(3); s. 59 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(f); s. 59 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(f)

Part VIIIE+W+S+N.I. Miscellaneous

60 Appointment by Secretary of State of advisers.E+W+S+N.I.
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Extent Information

E41In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

(1)The Secretary of State may appoint such persons as he thinks fit to advise or assist him in connection with matters relating to the employment of disabled persons and persons who have had a disability.

(2)Persons may be appointed by the Secretary of State to act generally or in relation to a particular area or locality.

(3)The Secretary of State may pay to any person appointed under this section such allowances and compensation for loss of earnings as he considers appropriate.

(4)The approval of the Treasury is required for any payment under this section.

(5)In subsection (1) “employment” includes self-employment.

(6)The Secretary of State may by order—

(a)provide for section 17 of, and Schedule 2 to, the M20Disabled Persons (Employment) Act 1944 (national advisory council and district advisory committees) to cease to have effect—

(i)so far as concerns the national advisory council; or

(ii)so far as concerns district advisory committees; or

(b)repeal that section and Schedule.

(7)At any time before the coming into force of an order under paragraph (b) of subsection (6), section 17 of the Act of 1944 shall have effect as if in subsection (1), after “disabled persons” in each case there were inserted “, and persons who have had a disability,” and as if at the end of the section there were added—

(3)For the purposes of this section—

(a)a person is a disabled person if he is a disabled person for the purposes of the M21Disability Discrimination Act 1995; and

(b)disability” has the same meaning as in that Act.

(8)At any time before the coming into force of an order under paragraph (a)(i) or (b) of subsection (6), section 16 of the M22Chronically Sick and Disabled Persons Act 1970 (which extends the functions of the national advisory council) shall have effect as if after “disabled persons” in each case there were inserted “ , and persons who have had a disability,” and as if at the end of the section there were added—

(2)For the purposes of this section—

(a)a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and

(b)disability” has the same meaning as in that Act.

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Extent Information

E41In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Marginal Citations

61 Amendment of Disabled Persons (Employment) Act 1944.E+W+S+N.I.

(1)Section 15 of the M23Disabled Persons (Employment) Act 1944 (which gives the Secretary of State power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5).

(2)In subsection (1)—

(a)for “persons registered as handicapped by disablement” substitute “ disabled persons”;

(b)for “their disablement” substitute “ their disability”; and

(c)for “are not subject to disablement” substitute “ do not have a disability”.

(3)In subsection (2), for the words from “any of one or more companies” to “so required and prohibited” substitute “ any company, association or body”.

(4)After subsection (2) insert—

(2A)The only kind of company which the Minister himself may form in exercising his powers under this section is a company which is—

(a)required by its constitution to apply its profits, if any, or other income in promoting its objects; and

(b)prohibited by its constitution from paying any dividend to its members.

(5)After subsection (5) insert—

(5A)For the purposes of this section—

(a)a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and

(b)disability” has the same meaning as in that Act.

(6)The provisions of section 16 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert— and whose disability is due to that service.

(2)For the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.

(7)The following provisions of the Act of 1944 shall cease to have effect—

(a)section 1 (definition of “disabled person”);

(b)sections 6 to 8 (the register of disabled persons);

(c)sections 9 to 11 (obligations on employers with substantial staffs to employ a quota of registered persons);

(d)section 12 (the designated employment scheme for persons registered as handicapped by disablement);

(e)section 13 (interpretation of provisions repealed by this Act);

(f)section 14 (records to be kept by employers);

(g)section 19 (proceedings in relation to offences); and

(h)section 21 (application as respects place of employment, and nationality).

(8)Any provision of subordinate legislation in which “disabled person” is defined by reference to the Act of 1944 shall be construed as if that expression had the same meaning as in this Act.

(9)Subsection (8) does not prevent the further amendment of any such provision by subordinate legislation.

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Extent Information

E42In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Commencement Information

I36S. 61 wholly in force at 2.12.1996; s. 61 not in force at Royal Assent see s. 70(3); s. 61 in force at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III (with art. 3)

Marginal Citations

F9862. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F98S. 62 repealed (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 45, 46 Sch. 3 Pt. I (with s. 38) and (N.I.) (24.9.1996) by S.I. 1996/1291 (N.I. 18), art. 28, Sch. 3 (with Sch. 2)

[F9963 Restriction of publicity: Employment Appeal Tribunal.E+W+S+N.I.
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Amendments (Textual)

F99S. 63 repealed (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

(1)This section applies to proceedings—

(a)on an appeal against a decision of an industrial tribunal to make, or not to make, a restricted reporting order, or

(b)on an appeal against any interlocutory decision of an industrial tribunal in proceedings in which the industrial tribunal has made a restricted reporting order which it has not revoked.

(2)The power of the Lord Chancellor to make rules with respect to the procedure of the Employment Appeal Tribunal includes power to make provision in relation to proceedings to which this section applies for—

(a)enabling the Tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the Tribunal’s decision; and

(b)where a restricted reporting order is made in relation to an appeal which is being dealt with by the Tribunal together with any other proceedings, enabling the Tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the Tribunal may direct.

(3)Subsections (3) to (6) of section 62 apply in relation to a restricted reporting order made by the Tribunal as they apply in relation to one made by an industrial tribunal.

(4)In subsection (1), “restricted reporting order” means an order which is a restricted reporting order for the purposes of section 62.

(5)In subsection (2), “restricted reporting order” means an order—

(a)made in exercise of the power conferred by rules made by virtue of this section; and

(b)prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain.

(6)In this section—

  • complainant” means the person who made the complaint to which the proceedings before the Tribunal relate;

  • identifying matter”, “written publication” and “relevant programme” have the same meaning as in section 62; and

  • promulgation” has such meaning as may be prescribed by the rules.]

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Extent Information

E43In the application of this Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 para. 43

Commencement Information

I37S. 63 partly in force; s. 63 not in force at Royal Assent see s. 70(3); s. 63(1)(2)(4)(5)(6) in force at 17.5.1996 by S.I. 1996/1336, art. 3(h)

64 Application to Crown etc.E+W+S+N.I.

(1)This Act applies—

(a)to an act done by or for purposes of a Minister of the Crown or government department, or

(b)to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,

as it applies to an act done by a private person.

(2)Subject to subsection (5), Part II applies to service—

(a)for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, or

(b)on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body,

as it applies to employment by a private person.

(3)The provisions of Parts II to IV of the 1947 Act apply to proceedings against the Crown under this Act as they apply to Crown proceedings in England and Wales; but section 20 of that Act (removal of proceedings from county court to High Court) does not apply.

(4)The provisions of Part V of the 1947 Act apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which by virtue of that Part are treated as civil proceedings by or against the Crown; but the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) does not apply.

(5)Part II does not apply to service—

(a)as a member of the Ministry of Defence Police, the British Transport Police, the Royal Parks Constabulary or the United Kingdom Atomic Energy Authority Constabulary;

(b)as a prison officer; or

(c)for purposes of a Minister of the Crown or government department having functions with respect to defence as a person who is or may be required by his terms of service to engage in fire fighting.

(6)Part II does not apply to service as a member of a fire brigade who is or may be required by his terms of service to engage in fire fighting.

(7)It is hereby declared (for the avoidance of doubt) that Part II does not apply to service in any of the naval, military or air forces of the Crown.

(8)In this section—

  • the 1947 Act” means the M24Crown Proceedings Act 1947;

  • British Transport Police” means the constables appointed, or deemed to have been appointed, under section 53 of the M25British Transport Commission Act 1949;

  • Crown proceedings” means proceedings which, by virtue of section 23 of the 1947 Act, are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown;

  • fire brigade” means a fire brigade maintained in pursuance of the M26Fire Services Act 1947;

  • Ministry of Defence Police” means the force established under section 1 of the M27Ministry of Defence Police Act 1987;

  • prison officer” means a person who is a prison officer within the meaning of section 127 of the M28Criminal Justice and Public Order Act 1994, apart from those who are custody officers within the meaning of Part I of that Act;

  • Royal Parks Constabulary” means the park constables appointed under the M29Parks Regulation Act 1872;

  • service for purposes of a Minister of the Crown or government department” does not include service in any office for the time being mentioned in Schedule 2 (Ministerial offices) to the M30House of Commons Disqualification Act 1975;

  • statutory body” means a body set up by or under an enactment;

  • statutory office” means an office so set up; and

  • United Kingdom Atomic Energy Authority Constabulary” means the special constables appointed under section 3 of the M31Special Constables Act 1923 on the nomination of the United Kingdom Atomic Energy Authority.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E44In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Marginal Citations

65 Application to Parliament.E+W+S+N.I.

(1)This Act applies to an act done by or for purposes of the House of Lords or the House of Commons as it applies to an act done by a private person.