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Part IU.K. Disability

1 Meaning of “disability” and “disabled person”.U.K.

[F1(1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act [F2and Part III of the 2005 Order] 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 [F2and Part III of the 2005 Order]disabled person” means a person who has a disability.]

Textual Amendments

F1Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F2Words in s. 1 inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1(2)(d)(3)(b),{48(2)}; S.R. 2005/336, art. 2, Sch (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

Modifications etc. (not altering text)

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.U.K.

[F3(1)The provisions of this Part and Parts II [F4, III and VA][F5and Part III of the 2005 Order] 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 [F6or Part III of the 2005 Order] may include provision with respect to persons who have had a disability.

(4)In any proceedings under Part II [F7, III or VA] of this Act [F8or Part III of the 2005 Order], 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 [F8or Part III of the 2005 Order] 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 [F9or (as the case may be) the making of the 2005 Order].]

Extent Information

E1Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F3Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F5Words in s. 2(1) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(a)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F6Words in s. 2(3) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(b)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F8Words in s. 2(4) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(c)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F9Words in s. 2(5) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(d)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

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.U.K.

[F10[F11(A1)The Office may issue guidance about matters to be taken into account in determining whether a person is a disabled person.]

(1)[F12Without prejudice to the generality of subsection (A1), the Office may, in particular,] 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)[F13Without prejudice to the generality of subsection (A1), guidance about the matters mentioned in subsection (1)] 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) A tribunal or court determining, for any purpose of this Act [F14or Part III of the 2005 Order] , whether [F15a person is a disabled person], shall take into account any guidance which appears to it to be relevant.

[F16(4)In preparing a draft of any guidance, the Department shall consult such persons as it considers appropriate.

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

(6)If the Department decides to proceed with any proposed guidance, the Department shall lay a draft of it before the Assembly.

(7)If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed guidance.

(8)If no such resolution is made within the statutory period, the Department shall issue the guidance in the form of its draft.

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

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

(11)The Department may—

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

(b)by order revoke any guidance.

(12)In this section—

Extent Information

E2Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It incorporates the N.I. modifications set out in Sch. 8. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F10Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F14Words in s. 3(3) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1(2)(d)(3)(b), {48(4)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F16S. 3(4)-(12) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 2(2) of this Act

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 IIU.K.[F17THE EMPLOYMENT FIELD][F18 AND DISTRICT COUNCILS] [F19and members of locally-electable authorities]

Textual Amendments

F17Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)

F18Pt. II heading: words inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 4}; S.R. 2007/466, art. 2(2)(l)

F19Pt 2 heading: words inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 4; S.I 2005/2774, {art. 3(j)}

Modifications etc. (not altering text)

[F20Meaning of “discrimination” and “harassment”U.K.

Textual Amendments

F20Ss. 3A, 3B and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(2)} and said sections and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {4(2)}

3AMeaning of “discrimination”U.K.

[F21

(1)For the purposes of this Part, a person 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, a person also discriminates against a disabled person if he fails to comply with a duty to make reasonable adjustments imposed on him in relation to the disabled person.

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

(4)But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within subsection (5).

(5)A person directly discriminates against a disabled person if, on the ground of the disabled person’s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person.

(6)If, in a case falling within subsection (1), a person is under a duty to make reasonable adjustments in relation to a disabled person but fails 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 that duty.]

Textual Amendments

F21Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

3BMeaning of “harassment”U.K.

[F22

(1)For the purposes of this Part, a person subjects a disabled person to harassment where, for a reason which relates to the disabled person’s disability, he engages in unwanted conduct which has the purpose or effect of—

(a)violating the disabled person’s dignity, or

(b)creating an intimidating, hostile, degrading, humiliating or offensive environment for him.

(2)Conduct shall be regarded as having the effect referred to in paragraph (a) or (b) of subsection (1) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect.]]

Textual Amendments

F22Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F23Employment]U.K.

Textual Amendments

F23Ss. 4-4F and cross-headings substituted for ss. 4-6 and preceding cross-heading (E.W.S) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5

[F244 Discrimination against applicants and employees.U.K.

[F25(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)It is also unlawful for an employer, in relation to employment by him, to subject to harassment –

(a)a disabled person whom he employs; or

(b)a disabled person who has applied to him for employment.

(4)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;

(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.

(5)The reference in subsection (2)(d) to the dismissal of a person includes a reference –

(a)to the termination of that person’s employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms; and

(b)to the termination of that person’s employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer.

(6)This section applies only in relation to employment at an establishment in Northern Ireland.]]

Extent Information

E3Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F24Ss. 4-4K and cross-headings substituted for s. 4 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5

F25Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F264AEmployers: duty to make adjustmentsE+W+S

F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E4This section extends to England and Wales and Scotland only until 1.10.2010; a separate s. 4A exists for Northern Ireland only from 21.2.2004 .

Textual Amendments

F26Ss. 4-4F and cross-headings substituted for ss. 4-6 (E.W.S) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5

F27Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F4744AEmployers: duty to make adjustmentsN.I.

(1)Where –

(a)a provision, criterion or practice applied by or on behalf of an employer, or

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

places 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 provision, criterion or practice, or feature, having that effect.

(2)In subsection (1), “the disabled person concerned” means –

(a)in the case of a provision, criterion or practice 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.

(3)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).]

Extent Information

E129This section extends to Northern Ireland only; a separate s. 4A exists for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F474Ss. 4-4K and cross-headings substituted for s. 4 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004, regs. 1(2)(3), {5(1)}

F285 Meaning of “discrimination”U.K.

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28Ss. 4-4F and cross-headings substituted for ss. 4-6 (E.W.S) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5(2)

F306 Duty of employer to make adjustments.U.K.

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Ss. 4-4F and cross-headings substituted for ss. 4-6 (E.W.S) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5(2)

7 Exemption for small businesses.U.K.

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32S. 7 omitted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {7} and s. 7 repealed (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {7}

F33[F34Contract workers]U.K.

Textual Amendments

F33Ss. 4-4K and cross-headings substituted for s. 4 and preceding cross-heading (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5(1)

F34Ss. 4-4F and cross-headings substituted for ss. 4-6 and preceding cross-heading (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5(1)

[F354BContract workersE+W+S

F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E5This section extends to England, Wales and Scotland only until 1.10.2010; a separate s. 4B exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F35Ss. 4-4F and cross-headings substituted (E.W.S.) for ss. 4-6 and preceding cross-heading (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5(1)

F36Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F4754BContract workersN.I.

(1)It is unlawful for a principal, in relation to contract work, to discriminate against a disabled person who is a contract worker (a “disabled contract worker”) –

(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)It is also unlawful for a principal, in relation to contract work, to subject a disabled contract worker to harassment.

(3)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.

(4)This subsection applies to a disabled contract worker where, by virtue of –

(a)a provision, criterion or practice applied by or on behalf of all or most of the principals to whom he is or might be supplied, or

(b)a physical feature of premises occupied by such persons,

he is likely, on each occasion when he is supplied to a principal to do contract work, to be placed at a substantial disadvantage in comparison with persons who are not disabled which is the same or similar in each case.

(5)Where subsection (4) applies to a disabled contract worker, his employer must take such steps as he would have to take under section 4A if the provision, criterion or practice were applied by him or on his behalf or (as the case may be) if the premises were occupied by him.

(6)Section 4A applies to any principal, in relation to contract work, as if he were, or would be, the employer of the disabled contract worker and as if any contract worker supplied to do work for him were an employee of his.

(7)However, for the purposes of section 4A as applied by subsection (6), a principal is not required to take a step in relation to a disabled contract worker if under that section the disabled contract worker’s employer is required to take the step in relation to him.

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

(9)In this section –

Extent Information

E130This section extends to Northern Ireland only; a separate s. 4B exists for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F475Ss. 4-4K and cross-headings substituted for s. 4 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5(1)

F33[F34Office-holders]U.K.

[F344COffice-holders: introductoryE+W+S

F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E6This section extended to England, Wales and Scotland only until 1.10.2010 ; a separate s. 4C exists for Northern Ireland only from 21.2.2004

Textual Amendments

F37Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F4764COffice-holders: introductoryN.I.

(1)Subject to subsection (5), sections 4D and 4E apply to an office or post if –

(a)no relevant provision of this Part applies in relation to an appointment to the office or post; and

(b)one or more of the conditions specified in subsection (3) is satisfied.

(2)The following are relevant provisions of this Part for the purposes of subsection (1)(a): section 4, section 4B, section 6A, section 7A [F477, section 14C and section 15B(3)(b)].

(3)The conditions specified in this subsection are that –

(a)the office or post is one to which persons are appointed to discharge functions personally under the direction of another person, and in respect of which they are entitled to remuneration;

(b)the office or post is one to which appointments are made by a Minister of the Crown, a Northern Ireland Minister or a government department;

(c)the office or post is one to which appointments are made on the recommendation of, or subject to the approval of, a body or person referred to in paragraph (b) or the Assembly.

(4)For the purposes of subsection (3)(a) the holder of an office or post –

(a)is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions;

(b)is not to be regarded as entitled to remuneration merely because he is entitled to payments –

(i)in respect of expenses incurred by him in carrying out the functions of the office or post, or

(ii)by way of compensation for the loss of income or benefits he would or might have received from any person had he not been carrying out the functions of the office or post.

(5)Sections 4D and 4E do not apply to –

(a)any office of the House of Commons held by a member of it;

(b)a life peerage within the meaning of the Life Peerages Act 1958 F478, or any office of the House of Lords held by a member of it;

(c)any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975;

(d)any office of the Assembly held by a member of it;

(e)any office of a district council held by a member of it; or

(f)any office of a political party.]

Extent Information

E131This section extends to Northern Ireland only; a separate s. 4C existed for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F476Ss. 4-4K and cross-headings substituted for s. 4 and preceding cross-heading (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5(1)

F477Words in s. 4C(2) substituted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 5}; S.R. 2007/466, art. 2(2)(l)

[F344DOffice-holders: discrimination and harassmentE+W+S

F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E7This section extended to England, Wales and Scotland only until 1.10.2010 ; a separate s. 4D exists for Northern Ireland only from 21.2.2004

Textual Amendments

F38Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F4764DOffice-holders: discrimination and harassmentN.I.

(1)It is unlawful for a relevant person, in relation to an appointment to an office or post to which this section applies, to discriminate against a disabled person –

(a)in the arrangements which he makes for the purpose of determining who should be offered the appointment;

(b)in the terms on which he offers him the appointment; or

(c)by refusing to offer him the appointment.

(2)It is unlawful for a relevant person, in relation to an appointment to an office or post to which this section applies and which satisfies the condition set out in section 4C(3)(c), to discriminate against a disabled person –

(a)in the arrangements which he makes for the purpose of determining who should be recommended or approved in relation to the appointment; or

(b)in making or refusing to make a recommendation, or giving or refusing to give an approval, in relation to the appointment.

(3)It is unlawful for a relevant person, in relation to a disabled person who has been appointed to an office or post to which this section applies, to discriminate against him –

(a)in the terms of the appointment;

(b)in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit, or by refusing to afford him any such opportunity;

(c)by terminating the appointment; or

(d)by subjecting him to any other detriment in relation to the appointment.

(4)It is also unlawful for a relevant person, in relation to an office or post to which this section applies, to subject to harassment a disabled person –

(a)who has been appointed to the office or post;

(b)who is seeking or being considered for appointment to the office or post; or

(c)who is seeking or being considered for a recommendation or approval in relation to an appointment to an office or post satisfying the condition set out in section 4C(3)(c).

(5)Subsection (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the disabled person belongs, unless –

(a)that provision differs in a material respect from the provision of the benefits to persons appointed to offices or posts which are the same as, or not materially different from, that to which the disabled person has been appointed;

(b)the provision of the benefits to the person appointed is regulated by the terms and conditions of his appointment; or

(c)the benefits relate to training.

(6)In subsection (3)(c) the reference to the termination of the appointment includes a reference –

(a)to the termination of the appointment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the appointment is renewed on the same terms and conditions; and

(b)to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment by reason of the conduct of the relevant person.

(7)In this section –

(a)references to making a recommendation include references to making a negative recommendation; and

(b)references to refusal include references to deliberate omission.]

Extent Information

E132This section extends to Northern Ireland only; a separate s. 4D existed for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F476Ss. 4-4K and cross-headings substituted for s. 4 and preceding cross-heading (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5(1)

[F344EOffice-holders: duty to make adjustmentsE+W+S

F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E8This section extended to England, Wales and Scotland only until 1.10.2010 ; a separate s. 4E exists for Northern Ireland only from 21.2.2004

Textual Amendments

F39Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F4764EOffice-holders: duty to make adjustmentsN.I.

(1)Where –

(a)a provision, criterion or practice applied by or on behalf of a relevant person, or

(b)any physical feature of premises –

(i)under the control of a relevant person, and

(ii)at or from which the functions of an office or post to which this section applies are performed,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the relevant person 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 provision, criterion or practice, or feature, having that effect.

(2)In this section, “the disabled person concerned” means –

(a)in the case of a provision, criterion or practice for determining who should be appointed to, or recommended or approved in relation to, an office or post to which this section applies, any disabled person who –

(i)is, or has notified the relevant person that he may be, seeking appointment to, or (as the case may be) seeking a recommendation or approval in relation to, that office or post, or

(ii)is being considered for appointment to, or (as the case may be) for a recommendation or approval in relation to, that office or post;

(b)in any other case, a disabled person –

(i)who is seeking or being considered for appointment to, or a recommendation or approval in relation to, the office or post concerned, or

(ii)who has been appointed to the office or post concerned.

(3)Nothing in this section imposes any duty on the relevant person in relation to a disabled person if the relevant person does not know, and could not reasonably be expected to know –

(a)in the case of a person who is being considered for, or is or may be seeking, appointment to, or a recommendation or approval in relation to, an office or post, that the disabled person concerned –

(i)is, or may be, seeking appointment to, or (as the case may be) seeking a recommendation or approval in relation to, that office or post, or

(ii)is being considered for appointment to, or (as the case may be) for a recommendation or approval in relation to, that office or post; or

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

Extent Information

E133This section extends to Northern Ireland only; a separate s. 4E existed for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F476Ss. 4-4K and cross-headings substituted for s. 4 and preceding cross-heading (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5(1)

[F344FOffice-holders: supplementaryE+W+S

F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E9This section extended to England, Wales and Scotland only until 1.10.2010 ; a separate s. 4F exists for Northern Ireland only from 21.2.2004

Textual Amendments

F40Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F4764FOffice-holders: supplementaryN.I.

(1)In sections 4C to 4E, appointment to an office or post does not include election to an office or post.

(2)In sections 4D and 4E, “relevant person” means –

(a)in a case relating to an appointment to an office or post, the person with power to make that appointment;

(b)in a case relating to the making of a recommendation or the giving of an approval in relation to an appointment, a person or body referred to in section 4C(3)(b) with power to make that recommendation or (as the case may be) to give that approval;

(c)in a case relating to a term of an appointment, the person with power to determine that term;

(d)in a case relating to a working condition afforded in relation to an appointment –

(i)the person with power to determine that working condition; or

(ii)where there is no such person, the person with power to make the appointment;

(e)in a case relating to the termination of an appointment, the person with power to terminate the appointment;

(f)in a case relating to the subjection of a disabled person to any other detriment or to harassment, any person or body falling within one or more of paragraphs (a) to (e) in relation to such cases as are there mentioned.

(3)In subsection (2)(d), “working condition” includes –

(a)any opportunity for promotion, a transfer, training or receiving any other benefit; and

(b)any physical feature of premises at or from which the functions of an office or post are performed.]

Extent Information

E134This section extends to Northern Ireland only; a separate s. 4F existed for England, Wales and Scotland only until 1.10.2010.

Textual Amendments

F476Ss. 4-4K and cross-headings substituted for s. 4 and preceding cross-heading (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5(1)

F33[F34Occupational pension schemes]U.K.

[F414GOccupational pension schemes: non-discrimination ruleE+W+S

F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E10This section extended to England, Wales and Scotland only; a separate s. 4G exists for Northern Ireland only.

Textual Amendments

F41Ss. 4G-4K and cross-heading inserted (E.W.S.) (1.12.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3){3}

F42Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F334GOccupational pension schemes: non-discrimination ruleN.I.

(1)Every occupational pension scheme shall be taken to include a provision (“the non-discrimination rule”) containing the following requirements –

(a)a requirement that the trustees or managers of the scheme refrain from discriminating against a relevant disabled person in carrying out any of their functions in relation to the scheme (including in particular their functions relating to the admission of members to the scheme and the treatment of members of the scheme);

(b)a requirement that the trustees or managers of the scheme do not subject a relevant disabled person to harassment in relation to the scheme.

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

(3)It is unlawful for the trustees or managers of an occupational pension scheme –

(a)to discriminate against a relevant disabled person contrary to requirement (a) of the non-discrimination rule; or

(b)to subject a relevant disabled person to harassment contrary to requirement (b) of the non-discrimination rule.

(4)The non-discrimination rule does not apply in relation to rights accrued, or benefits payable, in respect of periods of service prior to the coming into operation of this section (but it does apply to communications with members or prospective members of the scheme in relation to such rights or benefits).

(5)The trustees or managers of an occupational pension scheme may, if –

(a)they do not (apart from this subsection) have power to make such alterations to the scheme as may be required to secure conformity with the non-discrimination rule, or

(b)they have such power but the procedure for doing so –

(i)is liable to be unduly complex or protracted, or

(ii)involves the obtaining of consents which cannot be obtained, or can only be obtained with undue delay or difficulty,

by resolution make such alterations to the scheme.

(6)The alterations referred to in subsection (5) may have effect in relation to a period before the alterations are made (but may not have effect in relation to a period before the coming into operation of this section).]

Extent Information

E135This section extends to Northern Ireland only; a separate s. 4G for England, Wales and Scotland only repealed (1.10.2010).

[F414H Occupational pension schemes: duty to make adjustmentsE+W+S

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E11This section extended to England, Wales and Scotland only; a separate s. 4H exists for Northern Ireland only

Textual Amendments

F41Ss. 4G-4K and cross-heading inserted (E.W.S.) (1.12.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3){3}

F43Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F334HOccupational pension schemes: duty to make adjustmentsN.I.

(1)Where –

(a)a provision, criterion or practice (including a scheme rule) applied by or on behalf of the trustees or managers of an occupational pension scheme, or

(b)any physical feature of premises occupied by the trustees or managers,

places a relevant disabled person at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the trustees or managers to take such steps as it is reasonable, in all the circumstances of the case, for them to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

(2)The making of alterations to scheme rules is (in addition to the examples set out in section 18B(2)) an example of a step which trustees or managers may have to take in order to comply with the duty set out in subsection (1).

(3)Nothing in subsection (1) imposes any duty on trustees or managers in relation to a disabled person if they do not know, and could not reasonably be expected to know –

(a)that the disabled person is a relevant disabled person; or

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

Extent Information

E136This section extends to Northern Ireland only; a separate s. 4H for England, Wales and Scotland only repealed (1.10.2010).

[F414I Occupational pension schemes: procedureE+W+S

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E12This section extended to England, Wales and Scotland only; a separate s. 4I exists for Northern Ireland only.

Textual Amendments

F41Ss. 4G-4K and cross-heading inserted (E.W.S.) (1.12.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3){3}

F44Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F334IOccupational pension schemes: procedureN.I.

(1)Where under section 17A a relevant disabled person presents a complaint to an industrial tribunal that the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part, the employer in relation to that scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.

(2)In this section, “employer”, in relation to an occupational pension scheme, has the meaning given by Article 121(1) of the Pensions (Northern Ireland) Order 1995 F479 as at the date of coming into operation of this section.]

Extent Information

E137This section extends to Northern Ireland only; a separate s. 4I for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

[F414J Occupational pension schemes: remediesE+W+S

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E13This version of this provision extended to England, Wales and Scotland only; a separate version exists for Northern Ireland only .

Textual Amendments

F41Ss. 4G-4K and cross-heading inserted (E.W.S.) (1.12.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3){3}

F45Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F334JOccupational pension schemes: remediesN.I.

(1)This section applies where –

(a)under section 17A a relevant disabled person presents to an industrial tribunal a complaint that –

(i)the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part; or

(ii)an employer has so acted in relation to him;

(b)the complaint relates to –

(i)the terms on which persons become members of an occupational pension scheme, or

(ii)the terms on which members of the scheme are treated;

(c)the disabled person is not a pensioner member of the scheme; and

(d)the tribunal finds that the complaint is well-founded.

(2)The tribunal may, without prejudice to the generality of its power under section 17A(2)(a), make a declaration that the complainant has a right –

(a)(where subsection (1)(b)(i) applies) to be admitted to the scheme in question; or

(b)(where subsection (1)(b)(ii) applies) to membership of the scheme without discrimination.

(3)A declaration under subsection (2) –

(a)may be made in respect of such period as the declaration may specify (but may not be made in respect of any period before the coming into operation of this section);

(b)may make such provision as the tribunal considers appropriate as to the terms upon which, or the capacity in which, the disabled person is to enjoy such admission or membership.

(4)The tribunal may not award the disabled person any compensation under section 17A(2)(b) (whether in relation to arrears of benefits or otherwise) other than –

(a)compensation for injury to feelings;

(b)compensation pursuant to section 17A(5).]

Extent Information

E138This section extends to Northern Ireland only; a separate s. 4J for England, Wales and Scotland only repealed (1.10.2010).

[F414K Occupational pension schemes: supplementaryE+W+S

F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E14This section extended to England, Wales and Scotland only; a separate s. 4K exists for Northern Ireland only.

Textual Amendments

F41Ss. 4G-4K and cross-heading inserted (E.W.S.) (1.12.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3){3}

F46Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F334KOccupational pension schemes: supplementaryN.I.

(1)In their application to communications, sections 4G to 4J apply in relation to a disabled person who is –

(a)entitled to the present payment of dependants' or survivors' benefits under an occupational pension scheme; or

(b)a pension credit member of such a scheme,

as they apply in relation to a disabled person who is a pensioner member of the scheme.

(2)In sections 4G to 4J and in this section –

Extent Information

E139This section extends to Northern Ireland only; a separate s. 4K for England, Wales and Scotland only repealed (1.10.2010).

F47[F48Partnerships]U.K.

Textual Amendments

F47Ss. 6A-6C and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 6

F48Ss. 6A-6C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003

(S.I. 2003/1673), regs. 1(2)(3), {6}

[F486APartnerships: discrimination and harassmentE+W+S

F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E15This section extended to England, Wales and Scotland only; a separate s. 6A exists for Northern Ireland.

Textual Amendments

F49Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F476APartnerships: discrimination and harassmentN.I.

(1)It is unlawful for a firm, in relation to a position as partner in the firm, to discriminate against a disabled person –

(a)in the arrangements which they make for the purpose of determining who should be offered that position;

(b)in the terms on which they offer him that position;

(c)by refusing or deliberately omitting to offer him that position; or

(d)in a case where the person already holds that position –

(i)in the way they afford him access to any benefits or by refusing or deliberately omitting to afford him access to them; or

(ii)by expelling him from that position, or subjecting him to any other detriment.

(2)It is also unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a disabled person who holds or has applied for that position.

(3)Subsection (1) does not apply to benefits of any description if the firm are 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 partner in question, unless that provision differs in a material respect from the provision of the benefits to other partners.

(4)The reference in subsection (1)(d)(ii) to the expulsion of a person from a position as partner includes a reference –

(a)to the termination of that person’s partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and

(b)to the termination of that person’s partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.]

Extent Information

E140This section extends to Northern Ireland only; a separate s. 6A for England, Wales and Scotland only repealed (1.10.2010).

[F486BPartnerships: duty to make adjustmentsE+W+S

F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E16This section extended to England, Wales and Scotland only; a separate s. 6B exists for Northern Ireland only

Textual Amendments

F50Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F476BPartnerships: duty to make adjustmentsN.I.

(1)Where –

(a)a provision, criterion or practice applied by or on behalf of a firm, or

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

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

(2)In this section, “the disabled person concerned” means –

(a)in the case of a provision, criterion or practice for determining to whom the position of partner should be offered, any disabled person who is, or has notified the firm that he may be, a candidate for that position;

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

(i)a partner, or

(ii)a candidate for the position of partner.

(3)Nothing in this section imposes any duty on a firm in relation to a disabled person if the firm do not know, and could not reasonably be expected to know –

(a)in the case of a candidate or potential candidate, that the disabled person concerned is, or may be, a candidate for the position of partner; or

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

(4)Where a firm are required by this section to take any steps in relation to the disabled person concerned, the cost of taking those steps shall be treated as an expense of the firm; and the extent to which such cost should be borne by that person, where he is or becomes a partner in the firm, shall not exceed such amount as is reasonable, having regard in particular to the proportion in which he is entitled to share in the firm’s profits.]

Extent Information

E141This section extends to Northern Ireland only; a separate s. 6B for England, Wales and Scotland only repealed (1.10.2010).

[F486CPartnerships: supplementaryE+W+S

F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E17This section extended to England, Wales and Scotland only; a separate s. 6C exists for Northern Ireland only.

Textual Amendments

F51Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F476CPartnerships: supplementaryN.I.

(1)Sections 6A(1)(a) to (c) and (2) and section 6B apply in relation to persons proposing to form themselves into a partnership as they apply in relation to a firm.

(2)Sections 6A and 6B apply to a limited liability partnership as they apply to a firm; and, in the application of those sections to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.

(3)In the case of a limited partnership, references in sections 6A and 6B to a partner shall be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907 F480.

(4)In sections 6A and 6B and in this section, “firm” has the meaning given by section 4 of the Partnership Act 1890 F481.]

Extent Information

E142This section extends to Northern Ireland only; a separate s. 6C for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

[F52Barristers and advocates][F53Barristers]U.K.

Textual Amendments

F52Ss. 7A-7D and cross-heading inserted (E.W. for ss. 7A, 7B, S. for ss. 7C, 7D) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 8 - see also s. 70(5A)(5B) of this Act.

F53Ss. 7A, 7B and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 8

[F527ABarristers: discrimination and harassmentE+W

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E18This section extended to England and Wales only; a separate s. 7A exists for Northern Ireland from 21.2.2004.

Textual Amendments

F54Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F537ABarristers: discrimination and harassmentN.I.

(1)It is unlawful for a barrister, in relation to taking any person as his pupil, to discriminate against a disabled person –

(a)in the arrangements which he makes for the purpose of determining whom he will take as his pupil;

(b)in respect of any terms on which he offers to take the disabled person as his pupil; or

(c)by refusing, or deliberately omitting, to take the disabled person as his pupil.

(2)It is unlawful for a barrister, in relation to a disabled person who is a pupil, to discriminate against him –

(a)in respect of any terms applicable to him as a pupil;

(b)in the opportunities for training, or gaining experience, which are afforded or denied to him;

(c)in the benefits which are afforded or denied to him;

(d)by terminating the relationship or by subjecting him to any pressure to leave; or

(e)by subjecting him to any other detriment.

(3)It is unlawful for a barrister, in relation to taking any person as his pupil, to subject to harassment a disabled person who is, or has applied to be taken as, his pupil.

(4)It is also unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against a disabled person or to subject him to harassment.

(5)In this section and section 7B “pupil” has the meaning commonly associated with its use in the context of a person training as a barrister.]

Extent Information

E143This section extends to Northern Ireland only; a separate s. 7A for England, Wales and Scotland only repealed (1.10.2010).

[F527BBarristers: duty to make adjustmentsE+W+S

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E19This section extended to England and Wales only; a separate s. 7B exists for Northern Ireland only from 21.2.2004 .

Textual Amendments

F55Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F537BBarristers: duty to make adjustmentsN.I.

(1)Where –

(a)a provision, criterion or practice applied by or on behalf of a barrister, or

(b)any physical feature of premises occupied by, and under the control of, a barrister,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the barrister 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 provision, criterion or practice, or feature, having that effect.

(2)In this section, “the disabled person concerned” means –

(a)in the case of a provision, criterion or practice for determining whom he will take as his pupil, any disabled person who has applied, or has notified the barrister that he may apply, to be taken as a pupil;

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

(i)an applicant to be taken as the barrister’s pupil, or

(ii)a pupil.

(3)Nothing in this section imposes any duty on a barrister in relation to a disabled person if he 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, applying to be taken as his pupil; or

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

Extent Information

E144This section extends to Northern Ireland only; a separate s. 7B for England, Wales and Scotland only repealed (1.10.2010).

[F527CAdvocates: discrimination and harassmentS

F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F56Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F527DAdvocates: duty to make adjustmentsS

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F57Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F58 Enforcement etc.U.K.

F598. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4828 Enforcement, remedies and procedure.N.I.

Extent Information

E145This 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).

Textual Amendments

F482S. 8 moved and renumbered (as s. 17A) (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 9(1) and s. 8 moved and renumbered (as s. 17A) (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 9(1)

Modifications etc. (not altering text)

C41S. 8: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 4(b), Sch. 2 Pt. II

Commencement Information

I36S. 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.U.K.

Textual Amendments

F63S. 9 omitted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004 ) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 10 and s. 9 repealed (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 10

10 F64 Charities and support for particular groups of persons.U.K.

Textual Amendments

F64S. 10 moved and renumbered (as s. 18C) (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 11

11 Advertisements suggesting that employers will discriminate against disabled personsU.K.

Textual Amendments

F66S. 11 omitted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 12 and s. 11 repealed (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 12

Discrimination by other personsU.K.

12 Discrimination against contract workers.U.K.

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67S. 12 omitted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 insofar as not yet in force) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1, {12} and said section repealed (N.I.) (21.2.2004 for certain purposes and 1.10.2004 insofar as not yet in force) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1, {12}

15 Appeal against refusal of exemption certificate.U.K.

F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68Ss. 13-14D and cross-headings substituted for ss. 13-15 (3.7.2003 for certain purposes for E.W.S. and 21.2.2004 for certain purposes for N.I. and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 13; The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 13

F69[F70Trade and professional bodies]U.K.

Textual Amendments

F69Ss. 13-14D and cross-headings substituted for ss. 13-15 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.I. 2004/55), regs. 1(2)(3), 13

F70Ss. 13-14D and cross-headings substituted for ss. 13-15 (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 13

[F70X113Trade organisations: discrimination and harassmentE+W+S

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E21This section extended to England, Wales and Scotland only; a separate s. 13 exists for Northern Ireland only.

Editorial Information

X1S. 13: to view versions of this E.W.S. section before 3.7.2003 it is recommended that users search from cross-heading "Discrimination by other persons"

Textual Amendments

F71Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F69X313Trade organisations: discrimination and harassmentN.I.

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

(a)in the arrangements which it makes for the purpose of determining who should be offered membership of the organisation;

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

(c)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)It is also unlawful for a trade organisation, in relation to membership of that organisation, to subject to harassment a disabled person who –

(a)is a member of the organisation; or

(b)has applied for membership of the organisation.

(4)In this section and section 14 “trade organisation” means –

(a)an organisation of workers;

(b)an organisation of employers; or

(c)any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.]

Extent Information

E146This section extends to Northern Ireland only; a separate s. 13 for England, Wales and Scotland only repealed (1.10.2010).

Editorial Information

X3S. 13: to view versions of this N.I. section before 21.2.2004 it is recommended that users search from cross-heading "Discrimination by other persons"

[F70X214Trade organisations: duty to make adjustmentsE+W+S

F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E22This section extended to England, Wales and Scotland only; a separate s. 14 exists for Northern Ireland only.

Editorial Information

X2S. 14: to view versions of this E.W.S. section before 21.2.2004 it is recommended that users search from cross-heading "Discrimination by other persons"

Textual Amendments

F72Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F69X414Trade organisations: duty to make adjustmentsN.I.

(1)Where –

(a)a provision, criterion or practice applied by or on behalf of a trade organisation, or

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

places 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 provision, criterion or practice, or feature, having that effect.

(2)In this section “the disabled person concerned” means –

(a)in the case of a provision, criterion or practice 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)a member of the organisation; or

(ii)an applicant for membership of the organisation.

(3)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 –

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

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

Extent Information

E147This section extends to Northern Ireland only; a separate s. 14 for England, Wales and Scotland only repealed (1.10.2010).

Editorial Information

X4S. 14: to view versions of this N.I. section before 21.2.2004 it is recommended that users search from cross-heading "Discrimination by other persons"

[F7014AQualifications bodies: discrimination and harassmentE+W+S

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E23This section extends to England and Wales and Scotland only; a separate s. 14A exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F73Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F6914AQualifications bodies: discrimination and harassmentN.I.

(1)It is unlawful for a qualifications body to discriminate against a disabled person –

(a)in the arrangements which it makes for the purpose of determining upon whom to confer a professional or trade qualification;

(b)in the terms on which it is prepared to confer a professional or trade qualification on him;

(c)by refusing or deliberately omitting to grant any application by him for such a qualification; or

(d)by withdrawing such a qualification from him or varying the terms on which he holds it.

(2)It is also unlawful for a qualifications body, in relation to a professional or trade qualification conferred by it, to subject to harassment a disabled person who holds or applies for such a qualification.

(3)In determining for the purposes of subsection (1) whether the application by a qualifications body of a competence standard to a disabled person constitutes discrimination within the meaning of section 3A, the application of the standard is justified for the purposes of section 3A(1)(b) if, but only if, the qualifications body can show that –

(a)the standard is, or would be, applied equally to persons who do not have his particular disability; and

(b)its application is a proportionate means of achieving a legitimate aim.

(4)For the purposes of subsection (3) –

(a)section 3A(2) (and (6)) does not apply; and

(b)section 3A(4) has effect as if the reference to section 3A(3) were a reference to subsection (3) of this section.

(5)In this section and section 14B –

(6)Words and expressions used in the definition of “qualifications body”in subsection (5) to which a meaning is assigned by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 F483 have the same meaning as in that Order.]

Extent Information

E148This section extends to Northern Ireland only; a separate s. 14A for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F483Relevant amending Orders are S.I. 1989/2406 (N.I. 20), S.I. 1993/2810 (N.I. 12), S.I. 1996/274 (N.I. 1) and S.I. 1997/1772 (N.I. 15)

[F7014BQualifications bodies: duty to make adjustmentsE+W+S

F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E24This section extended to England, Wales and Scotland only; a separate s. 14B exists for Northern Ireland only.

Textual Amendments

F74Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F6914BQualifications bodies: duty to make adjustmentsN.I.

(1)Where –

(a)a provision, criterion or practice, other than a competence standard, applied by or on behalf of a qualifications body; or

(b)any physical feature of premises occupied by a qualifications body,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the qualifications body 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 provision, criterion or practice, or feature, having that effect.

(2)In this section “the disabled person concerned” means –

(a)in the case of a provision, criterion or practice for determining on whom a professional or trade qualification is to be conferred, any disabled person who is, or has notified the qualifications body that he may be, an applicant for the conferment of that qualification;

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

(i)holds a professional or trade qualification conferred by the qualifications body, or

(ii)applies for a professional or trade qualification which it confers.

(3)Nothing in this section imposes a duty on a qualifications body in relation to a disabled person if the body 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 conferment of a professional or trade qualification; or

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

Extent Information

E149This section extends to Northern Ireland only; a separate s. 14B for England, Wales and Scotland only repealed (1.10.2010).

F69[F70Practical work experience]U.K.

[F7014CPractical work experience: discrimination and harassmentE+W+S

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E25This section extended to England, Wales and Scotland only; a separate s. 14C exists for Northern Ireland only.

Textual Amendments

F75Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F6914CPractical work experience: discrimination and harassmentN.I.

(1)It is unlawful, in the case of a disabled person seeking or undertaking a work placement, for a placement provider to discriminate against him –

(a)in the arrangements which he makes for the purpose of determining who should be offered a work placement;

(b)in the terms on which he affords him access to any work placement or any facilities concerned with such a placement;

(c)by refusing or deliberately omitting to afford him such access;

(d)by terminating the placement; or

(e)by subjecting him to any other detriment in relation to the placement.

(2)It is also unlawful for a placement provider, in relation to a work placement, to subject to harassment –

(a)a disabled person to whom he is providing a placement; or

(b)a disabled person who has applied to him for a placement.

[F484(3)This section and section 14D do not apply—

(a)to anything which is unlawful under any provision of section 4, sections 19 to 21A, sections 21F to 21J or Part 4; or

(b)to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act.]

(4)In this section and section 14D –

(5)This section and section 14D do not apply to a work placement undertaken in any of the naval, military and air forces of the Crown.]

Extent Information

E150This section extends to Northern Ireland only; a separate s. 14C for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F484S. 14C(3) substituted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 6}; S.R. 2007/466, art. 2(2)(l)

[F7014DPractical work experience: duty to make adjustmentsE+W+S

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E26This section extended to England, Wales and Scotland only; a separate s. 14D exists for Northern Ireland only.

Textual Amendments

F76Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F6914DPractical work experience: duty to make adjustmentsN.I.

(1)Where –

(a)a provision, criterion or practice applied by or on behalf of a placement provider, or

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

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the placement provider 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 provision, criterion or practice, or feature, having that effect.

(2)In this section, “the disabled person concerned” means –

(a)in the case of a provision, criterion or practice for determining to whom a work placement should be offered, any disabled person who is, or has notified the placement provider that he may be, an applicant for that work placement;

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

(i)an applicant for the work placement concerned, or

(ii)undertaking a work placement with the placement provider.

(3)Nothing in this section imposes any duty on a placement provider in relation to the disabled person concerned if he 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 work placement; or

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

Extent Information

E151This section extends to Northern Ireland only; a separate s. 14D for England, Wales and Scotland only repealed (1.10.2010).

[F77Relationships between locally-electable authorities and their members][F78Relationships between district councils and their members]U.K.

Textual Amendments

F77Ss. 15A-15C and cross-heading inserted (E.W.S.) (5.12. 2005 so far as the amending provision inserts s. 15A to the extent that it relates to s. 15B, and s. 15B, and 4.12.2006 so far as the amending provision is not already in force) by Disability Discrimination Act 2005 (c. 13), ss. 1, 20(3)-(6); S.I. 2005/2774, arts. 3(a), 4(a)

F78Ss. 15A-15C and cross-heading inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1), ss. 1(2), 3; S.R. 2007/466, art. {2(2)(a)}

[F7715AInterpretation of sections 15B and 15CE+W+S

F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E27This section extended to England, Wales and Scotland only; a separate s. 15A exists for Northern Ireland only.

Textual Amendments

F79Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F7815AInterpretation of sections 15B and 15CN.I.

(1)In sections 15B and 15C “council” means a district council.

(2)In relation to a member of a council, a reference in those sections to his carrying-out of official business is to his doing of anything—

(a)as member of the council;

(b)as member of any body to which he is appointed by, or is appointed following nomination by, the council or a group of bodies that includes the council; or

(c)as member of any other body if it is a public body.]

Extent Information

E152This section extends to Northern Ireland only; a separate s. 15A for England, Wales and Scotland only repealed (1.10.2010).

[F7715BAuthorities and their members: discrimination and harassmentE+W+S

F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E28This section extended to England, Wales and Scotland only; a separate s. 15B exists for Northern Ireland only.

Textual Amendments

F80Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F7815BCouncils and their members: discrimination and harassmentN.I.

(1)It is unlawful for a council to discriminate against a disabled person who is a member of the council—

(a)in the opportunities which it affords the disabled person to receive training, or any other facility, for his carrying-out of official business;

(b)by refusing to afford, or deliberately not affording, the disabled person any such opportunities; or

(c)by subjecting the disabled person to any other detriment in connection with his carrying-out of official business.

(2)It is unlawful for a council to subject a disabled person who is a member of the council to harassment in connection with his carrying-out of official business.

(3)A member of a council is not subjected to a detriment for the purposes of subsection (1)(c) by reason of—

(a)his not being appointed or elected to an office of the council;

(b)his not being appointed or elected to, or to an office of, a committee or sub-committee of the council; or

(c)his not being appointed or nominated in exercise of any power of the council, or of a group of bodies that includes the council, to appoint, or nominate for appointment, to any body.

(4)Regulations may make provision as to the circumstances in which treatment is to be taken to be justified, or is to be taken not to be justified, for the purposes of section 3A(1)(b) as it has effect for the interpretation of “discriminate” in subsection (1).

(5)Regulations under subsection (4) may (in particular) provide for section 3A(3) to apply with prescribed modifications, or not to apply, for those purposes; but treatment of a disabled person cannot be justified under subsection (4) if it amounts to direct discrimination falling within section 3A(5).

(6)If, in a case falling within section 3A(1) as it has effect for the interpretation of “discriminate” in subsection (1), a council is under a duty imposed by section 15C in relation to a disabled person but fails to comply with that duty, its treatment of that person cannot be justified under subsection (4) unless it would have been justified even if it had complied with that duty.]

Extent Information

E153This section extends to Northern Ireland only; a separate s. 15B for England, Wales and Scotland only repealed (1.10.2010).

[F7715CAuthorities and their members: duty to make adjustmentsE+W+S

F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E29This section extended to England, Wales and Scotland only; a separate s. 15C exists for Northern Ireland only.

Textual Amendments

F81Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F7815CCouncils and their members: duty to make adjustmentsN.I.

(1)Subsection (2) applies where—

(a)a provision, criterion or practice applied by or on behalf of a council, or

(b)any physical feature of premises occupied by, or under the control of, a council,

places a disabled person who is a member of the council at a substantial disadvantage, in comparison with members of the council who are not disabled persons, in connection with his carrying-out of official business.

(2)It is the duty of the council 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 provision, criterion or practice, or feature, having that effect.

(3)Subsection (2) does not impose any duty on a council in relation to a member of the council who is a disabled person if the council does not know, and could not reasonably be expected to know, that the member—

(a)has a disability; and

(b)is likely to be affected in the way mentioned in subsection (1).

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

(a)as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken to have the effect mentioned in subsection (1);

(b)as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken not to have the effect mentioned in subsection (1);

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

(d)as to steps which it is always, or as to steps which it is never, reasonable for a council to have to take;

(e)as to things which are, or as to things which are not, to be treated as physical features.]

Extent Information

E154This section extends to Northern Ireland only; a separate s. 15C for England, Wales and Scotland only repealed (1.10.2010).

F82. . . U.K.

Textual Amendments

F82Cross-heading preceding s. 16 omitted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 14(1) and said cross-heading repealed (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3). {14(1)}

16 Alterations to premises occupied under leases.U.K.

F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83S. 16 moved and renumbered (as s. 18A) (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 14(2); S.R. 2004/55, regs. 1(2)(3), 14(2)

F84[F85Other unlawful acts]U.K.

Textual Amendments

F84Ss. 16A-16C and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 15

F85Ss. 16A-16C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 15(1)

[F8516ARelationships which have come to an endE+W+S

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E30This section extended to England, Wales and Scotland only; a separate s. 16A exists for Northern Ireland only.

Textual Amendments

F86Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F8416ARelationships which have come to an endN.I.

(1)This section applies where –

(a)there has been a relevant relationship between a disabled person and another person (“the relevant person”), and

(b)the relationship has come to an end.

(2)In this section a “relevant relationship”is –

(a)a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under any preceding provision of this Part [F485, other than sections 15B and 15C]; or

(b)a relationship between a person providing employment services F486. . . and a person receiving such services.

(3)It is unlawful for the relevant person –

(a)to discriminate against the disabled person by subjecting him to a detriment, or

(b)to subject the disabled person to harassment,

where the discrimination or harassment arises out of and is closely connected to the relevant relationship.

(4)This subsection applies where –

(a)a provision, criterion or practice applied by the relevant person to the disabled person in relation to any matter arising out of the relevant relationship, or

(b)a physical feature of premises which are occupied by the relevant person,

places the disabled person at a substantial disadvantage in comparison with persons who are not disabled, but are in the same position as the disabled person in relation to the relevant person.

(5)Where subsection (4) applies, it is the duty of the relevant person 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 provision, practice or criterion, or feature, having that effect.

(6)Nothing in subsection (5) imposes any duty on the relevant person if he does not know, and could not reasonably be expected to know, that the disabled person has a disability and is likely to be affected in the way mentioned in that subsection.

(7)In subsection (2), reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before the commencement of this section, reference to such an act which would, after the commencement of this section, be unlawful.]

Extent Information

E155This section extends to Northern Ireland only; a separate s. 16A for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F485Words in s. 16(2)(a) inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 7(a)}; S.R. 2007/466, art. 2(2)(l)

F486Words in s. 16(2)(b) repealed (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 7(b), {Sch. 2}; S.R. 2007/466, art. 2(2)(n)

[F8516BDiscriminatory advertisementsE+W+S

F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E31This section extended to England, Wales and Scotland only; a separate s. 16B exists for Northern Ireland only.

Textual Amendments

F87Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F8416BDiscriminatory advertisementsN.I.

[F487(1)It is unlawful for a person to publish or cause to be published an advertisement which—

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

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

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

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

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

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

[F488(2A)A person who publishes an advertisement of the kind described in subsection (1) shall not be subject to any liability under subsection (1) in respect of the publication of the advertisement if he proves—

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

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

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

[F489(2C)Subsection (1) does not apply in relation to an advertisement so far as it invites persons to apply in their capacity as members of a district council, for a relevant appointment or benefit which the council is intending to make or confer.]

(3)In [F490this section], “relevant appointment or benefit” means –

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

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

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

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

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

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

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

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

(i)any employment services F491. . . .

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

Extent Information

E156This section extends to Northern Ireland only; a separate s. 16B for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F487S. 16B(1) substituted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, {11(1)}; S.R. 2007/466, art. 2(2)(e)

F488S. 16B(2A)(2B) inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, {11(2)}; S.R. 2007/466, art. 2(2)(e)

F489S. 16B(2C) inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 8(2)}; S.R. 2007/466, art. 2(2)(l)

F490Words in s. 16B(3) substituted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, {11(3)}; S.R. 2007/466, art. 2(2)(l)

F491Words in s. 16B(3)(i) repealed (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 8(3), {Sch. 2}; S.R. 2007/466, art. 2(2)(l)(n)

[F8516CInstructions and pressure to discriminateE+W+S

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E32This section extends to Northern Ireland only; a separate s. 16C for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F88Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F8416CInstructions and pressure to discriminateN.I.

(1)It is unlawful for a person –

(a)who has authority over another person, or

(b)in accordance with whose wishes that other person is accustomed to act,

to instruct him to do any act which is unlawful under this Part or, to the extent that it relates to the provision of employment services, Part III, or to procure or attempt to procure the doing by him of any such act.

(2)It is also unlawful to induce, or attempt to induce, a person to do any act which contravenes this Part or, to the extent that it relates to the provision of employment services, Part III by –

(a)providing or offering to provide him with any benefit, or

(b)subjecting or threatening to subject him to any detriment.

(3)An attempted inducement is not prevented from falling within subsection (2) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.]

Extent Information

E157This section extends to Northern Ireland only; a separate s. 16C for England, Wales and Scotland only repealed (1.10.2010).

F89. . . U.K.

Textual Amendments

F89Cross-heading preceding s. 17 repealed (E.W.S.) (1.12.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Pensions) Regulations (S.I. 2003/2770), regs. 1(2)(3), {4(1)} and said cross-heading repealed (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {5(2)}

17 Occupational pension schemes.U.K.

F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90S. 17 repealed (E.W.S.) (1.12.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Pensions) Regulations (S.I. 2003/2770), regs. 1(2)(3), {4(1)} and said provision repealed (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {5(2)}

[F91 Enforcement etc.]U.K.

Textual Amendments

[F9217A Enforcement, remedies and procedure.U.K.

[F93(1)A complaint by any person that another person—

(a)has discriminated against him [F94, or subjected him to harassment,] in a way which is unlawful under this Part, or

(b)is, by virtue of section 57 or 58, to be treated as having [F95done so],

may be presented to an industrial tribunal.

[F96(1A)Subsection (1) does not apply to a complaint under section 14A(1) or (2) about an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.

(1B)Where, on the hearing of a complaint under subsection (1), the complainant proves facts from which the tribunal could, apart from this subsection, conclude in the absence of an adequate explanation that the respondent has acted in a way which is unlawful under this Part, the tribunal shall uphold the complaint unless the respondent proves that he did not so act.]

(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.

[F97(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 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.

[F98(7)Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 F99 (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.]]

Extent Information

E33E Note: Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F92S. 8 moved and renumbered (as s. 17A) (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 9(1)

F93Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F94Words in s. 17A(1)(a) inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(2)(a)

F95Words in s. 17A(1)(b) substituted (N.I.) (21.2.2004 for specified purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(2)(b)

F97S. 17A(3) substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(2)(d)

F98S. 17A(7) substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 9(2)(e)

Commencement Information

I5S. 8 (now s. 17A) 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

[F10017BEnforcement of sections [F10116B(1)] and 16CE+W+S

F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F49217BEnforcement of sections [F49316B(1)] and 16CN.I.

(1)Only the Commission may bring proceedings in respect of a contravention of section [F49316B(1) ](discriminatory advertisements) or section 16C (instructions and pressure to discriminate).

(2)The Commission shall bring any such proceedings in accordance with subsection (3) or (4).

(3)The Commission may present to an industrial tribunal a complaint that a person has done an act which is unlawful under section [F49316B(1)] or 16C; and if the tribunal finds that the complaint is well-founded it shall make a declaration to that effect.

(4)Where –

(a)a tribunal has made a finding pursuant to subsection (3) that a person has done an act which is unlawful under section [F49316B(1)] or 16C,

(b)that finding has become final, and

(c)it appears to the Commission that, unless restrained, he is likely to do a further act which is unlawful under [F494section 16B(1) or (as the case may be) section 16C],

the Commission may apply to a county court for an injunction restraining him from doing such an act; and the court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or in more limited terms.

(5)A finding of a tribunal under subsection (3) in respect of any act shall, if it has become final, be treated as conclusive by a county court upon an application under subsection (4).

(6)A finding of a tribunal becomes final for the purposes of this section when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.

(7)An industrial tribunal shall not consider a complaint under subsection (3) unless it is presented before the end of the period of six months beginning when the act to which it relates was done; and a county court shall not consider an application under subsection (4) unless it is made before the end of the period of five years so beginning.

(8)A court or tribunal may consider any such complaint or application which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(9)The provisions of paragraph 3(3) and (4) of Schedule 3 apply for the purposes of subsection (7) as they apply for the purposes of paragraph 3(1) of that Schedule.

(10)In this section “the Commission” means the Equality Commission for Northern Ireland.]

Extent Information

E158This section extends to Northern Ireland only; a separate s. 17B for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F492Ss. 17B, 17C inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 16(1)

F493Word in s. 17B(1)(3)(4)(a) and heading substituted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 9(2)}; S.R. 2007/466, art. 2(2)(l)

[F10017CValidity of contracts, collective agreements and rules of undertakingsE+W+S

F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E34This section extended to England, Wales and Scotland only; a separate s. 17C exists for Northern Ireland only.

Textual Amendments

F100Ss. 17B, 17C inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 16(1)

F103Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F49217CValidity of contracts, collective agreements and rules of undertakingsN.I.

Schedule 3A shall have effect.]

Extent Information

E159This section extends to Northern Ireland only; a separate s. 17C for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F492Ss. 17B, 17C inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 16(1)

[F104Supplementary and generalU.K.

Textual Amendments

F104Cross-heading "Supplementary and General" inserted (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 17(1); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004

(S.R. 2004/55), regs. 1(2)(3), {17(1)}

18 Insurance services.U.K.

F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F105S. 18 repealed (E.W.S.) (5.12 2005) by Disability Discrimination Act 2005 (c. 13), ss. 11, 19(2), 20(3)-(6), Sch. 2; S.I. 2005/2774, art. 3(f)(k)(i) and S. 18 repealed (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 12(1), 19(2), {Sch. 2}; S.R. 2007/466, art. 2(2)(f)(n)

[F10618A Alterations to premises occupied under leases.U.K.

[F107(1)This section applies where—

(a)[F108a person to whom a duty to make reasonable adjustments applies](“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 [F109that 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.

[F110(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—

(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.]

Textual Amendments

F106S. 16 moved and renumbered (as s. 18A) (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 14(2); S.R. 2004/55, regs. 1(2)(3), 14(2)

F107Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F108Words in s. 18A(1)(a) substituted (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 14(3)(a); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {14(3)(a)}

F109Words in s. 18A(1)(c) substituted (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 14(3)(b); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {14(3)(b)}

Modifications etc. (not altering text)

C3S. 18A modified (N.I.) (1.10.2004) by The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations (Northern Ireland) (S.R. 2004/374, regs. 4-9

Commencement Information

I6S. 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

[F11118BReasonable adjustments: supplementaryU.K.

[F112

(1)In determining whether it is reasonable for a person to have to take a particular step in order to comply with a duty to make reasonable adjustments, regard shall be had, in particular, to—

(a)the extent to which taking the step would prevent the effect in relation to which the duty is imposed;

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

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

(d)the extent of his financial and other resources;

(e)the availability to him of financial or other assistance with respect to taking the step;

(f)the nature of his activities and the size of his undertaking;

(g)where the step would be taken in relation to a private household, the extent to which taking it would—

(i)disrupt that household, or

(ii)disturb any person residing there.

(2)The following are examples of steps which a person may need to take in relation to a disabled person in order to comply with a duty to make reasonable adjustments—

(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 hours of working or training;

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

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

(g)giving, or arranging for, training or mentoring (whether for the disabled person or any other person);

(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 or other support.

(3)For the purposes of a duty to make reasonable adjustments, where under any binding obligation a person is required to obtain the consent of another person to any alteration of the premises occupied by him—

(a)it is always reasonable for him to have to take steps to obtain that consent; and

(b)it is never reasonable for him to have to make that alteration before that consent is obtained.

(4)The steps referred to in subsection (3)(a) shall not be taken to include an application to a court or tribunal.

(5)In subsection (3), “binding obligation” means a legally binding obligation (not contained in a lease (within the meaning of section 18A(3)) in relation to the premises, whether arising from an agreement or otherwise.

(6)A provision of this Part imposing a duty to make reasonable adjustments applies only for the purpose of determining whether a person has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.]]

Extent Information

E35Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F112Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F11318C Charities and support for particular groups of persons.E+W+S

F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E36This section extended to England, Wales and Scotland only; a separate s. 18C exists for Northern Ireland only.

Textual Amendments

F113S. 10 moved and renumbered (as s. 18C) (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 11

F114Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F104[F49518CCharities and support for particular groups of personsN.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 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 [F496Department for Communities] from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.

(3)In this section –

Extent Information

E160This section extends to Northern Ireland only; a separate s. 18C for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F495S. 18C inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004

(S.R. 2004/55), regs. 1(2)(3), {17(2)}

[F11518DInterpretation of Part 2E+W+S

F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E37This section extended to England, Wales and Scotland only; a separate s. 18D exists for Northern Ireland only.

Textual Amendments

F115S. 18D inserted (E.W.S) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 18

F116Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F104[F49918DInterpretation of Part IIN.I.

(1)Subject to any duty to make reasonable adjustments, nothing in this Part is to be taken to require a person to treat a disabled person more favourably than he treats or would treat others.

(2)In this Part –

Extent Information

E161This section extends to Northern Ireland only; a separate s. 18D for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F50018D(2): word in definition of "duty to make reasonable adjustments" inserted (31.12.2007) by Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 10(a); S.R. 2007/466, art. 2(2)(l)

[F11718EPremises provided otherwise than in course of a Part 2 relationshipU.K.

[F118(1)This Part does not apply in relation to the provision, otherwise than in the course of a Part 2 relationship, of premises by the regulated party to the other party.

(2)For the purposes of subsection (1)—

(a)“Part 2 relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and

(b)in relation to a Part 2 relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.]]]

Textual Amendments

F118Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

PART IIIU.K. Discrimination in Other Areas

Goods, facilities and servicesU.K.

19 Discrimination in relation to goods, facilities and services.U.K.

[F119(1)It is unlawful for a provider of services to discriminate against a disabled person—

(a)in refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public;

(b)in failing to comply with any duty imposed on him by section 21 in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service;

(c)in the standard of service which he provides to the disabled person or the manner in which he provides it to him; or

(d)in the terms on which he provides a service to the disabled person.

(2)For the purposes of this section and sections 20 [F120to 21ZA]

(a)the provision of services includes the provision of any goods or facilities;

(b)a person is “a provider of services” if he is concerned with the provision, in the United Kingdom, of services to the public or to a section of the public; and

(c)it is irrelevant whether a service is provided on payment or without payment.

(3)The following are examples of services to which this section and sections 20 and 21 apply—

(a)access to and use of any place which members of the public are permitted to enter;

(b)access to and use of means of communication;

(c)access to and use of information services;

(d)accommodation in a hotel, boarding house or other similar establishment;

(e)facilities by way of banking or insurance or for grants, loans, credit or finance;

(f)facilities for entertainment, recreation or refreshment;

(g)facilities provided by employment agencies or under [F121sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950];

(h)the services of any profession or trade, or any local or other public authority.

(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.

[F122(4A)Subsection (1) does not apply to anything that is governed by Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.]

[F123(5)Regulations may provide for subsection (1) and section 21(1), (2) and (4) not to apply, or to apply only to a prescribed extent, in relation to a service of a prescribed description.]

[F124(6)Nothing in this section or sections 20 to 21A applies to the provision of a service in relation to which discrimination is unlawful under Part III of the 2005 Order.]]

Extent Information

E38E Note: Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It does not reflect the history of E.W.S. effects prior to the 2010 repeal which can be found in earlier versions.

Textual Amendments

F119Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F121Words in s. 19(3)(g) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 9(1) of this Act

F122S. 19(4A) inserted (26.7.2007) by The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations (S.I. 2007/1895), regs. 1(2), {8}

F124S. 19(6) substituted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 12(4); S.R. 2007/466, art. 2(2)(m) (Note: by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 13; S.R. 2015/35, art. 2(b) it is expressed that in section 19(6) "for paragraph (a)" there should be substituted (1.4.2015) "(a) the Education Authority")

Commencement Information

I7S. 19 wholly in force at 1.10.1999; s. 19 not in force at Royal Assent see s. 70(3); s. 19(5)(c) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 19(5)(c) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I s.19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 19(1)(b) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(c); s. 19(1)(b) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(c)

20 Meaning of “discrimination”U.K.

[F125(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 [F126the Mental Capacity Act 2005] are exercisable in relation to a disabled person's property or affairs; or

[F127(c)powers are exercisable in relation to a disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, 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.]

Extent Information

E39Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. It is subject to the variations for N.I. set out in Sch. 8 of the Act.

Textual Amendments

F125Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F126Words in s. 20(7)(b) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1), Sch. 6 {para. 41}(with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

Modifications etc. (not altering text)

Commencement Information

I8S. 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)

21 Duty of providers of services to make adjustments.U.K.

[F128(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.]

Extent Information

E40Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F128Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

C6S. 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

C8S. 21(4) applied (N.I.)(1.10.1999) by S.R. 1999/202, art. 3

Commencement Information

I9S. 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)

[F12921ZAApplication of sections 19 to 21 to transport vehiclesE+W+S

F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E41This section extended to England, Wales and Scotland only; a separate s. 21ZA exists for Northern Ireland.

Textual Amendments

F130Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50221ZAApplication of sections 19 to 21 to transport vehiclesN.I.

(1)Section 19(1)(a), (c) and (d) do not apply in relation to a case where the service is a transport service and, as provider of that service, the provider of services discriminates against a disabled person—

(a)in not providing, or in providing, him with a vehicle; or

(b)in not providing, or in providing, him with services when he is travelling in a vehicle provided in the course of the transport service.

(2)For the purposes of section 21(1), (2) and (4), it is never reasonable for a provider of services, as a provider of a transport service—

(a)to have to take steps which would involve the alteration or removal of a physical feature of a vehicle used in providing the service;

(b)to have to take steps which would—

(i)affect whether vehicles are provided in the course of the service or what vehicles are so provided, or

(ii)where a vehicle is provided in the course of the service, affect what happens in the vehicle while someone is travelling in it.

(3)Regulations may provide for subsection (1) or (2) not to apply, or to apply only to a prescribed extent, in relation to vehicles of a prescribed description.

(4)In this section—

Extent Information

E162This section extends to Northern Ireland only; a separate s. 21ZA for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

Modifications etc. (not altering text)

[F13121AEmployment servicesU.K.

[F132

(1)In [F133this Act] , “employment services” means—

(a)vocational guidance;

(b)vocational training; or

(c)services to assist a person to obtain or retain employment, or to establish himself as self-employed.

(2)It is unlawful for a provider of employment services, in relation to such services, to subject to harassment a disabled person—

(a)to whom he is providing such services, or

(b)who has requested him to provide such services;

and section 3B (meaning of “harassment”) applies for the purposes of this subsection as it applies for the purposes of Part II.

(3)In their application to employment services, the preceding provisions of this Part have effect as follows.

(4)Section 19 has effect as if—

(a)after subsection (1)(a), there were inserted the following paragraph—

(aa)in failing to comply with a duty imposed on him by subsection (1) of section 21 in circumstances in which the effect of that failure is to place the disabled person at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of the service;;

(b)in subsection (1)(b), for “section 21” there were substituted “ subsection (2) or (4) of section 21 ”;

[F134(c)in subsection (2), for “sections 20 to 21ZA” there were substituted sections 20 to 21A.]

(5)Section 20 has effect as if—

(a)after subsection (1), there were inserted the following subsection—

(1A)For the purposes of section 19, a provider of services also discriminates against a disabled person if he fails to comply with a duty imposed on him by subsection (1) of section 21 in relation to the disabled person.;

(b)in subsection (2)(a), for “a section 21 duty imposed” there were substituted “ a duty imposed by subsection (2) or (4) of section 21 ”;

(c)after subsection (3), there were inserted the following subsection—

(3A)But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within section 3A(5)..

(6)Section 21 has effect as if—

(a)in subsection (1), for “makes it impossible or unreasonably difficult for disabled persons to make use of” there were substituted places disabled persons at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of;

(b)after subsection (1), there were inserted the following subsection—

(1A)In subsection (1), “practice, policy or procedure” includes a provision or criterion..]]

Extent Information

E42E Note: Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F131S. 21A inserted (E.W.S.) (3.7.2003 for specified purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3),{19(1)} and same section inserted (N.I.) (21.2.2004 for specified purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 19(1): Note - the reference to "Part 2" in s. 21A(2) in the E.W.S. text of the provision appears as "Part II" in the N.I. text

F132Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F135[F136Public authorities]U.K.

Textual Amendments

F135Ss. 21B-21E and cross-heading inserted (N.I.) (3.7.2006 for ss. 21D and 21E for the purpose only of exercising any power to make regulations, orders or rules of court, and otherwise 31.12.2007 for all remaining purposes and for all inserted sections) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312) (N.I. 1), arts. 1(2), 4; S.R. 2006/289, art. 2(2)(a); S.R. 2007/466, art. 2(2)(b)

F136Ss. 21B-21E and cross-heading inserted (E.W.S.) (30.6.2005 for ss. 21D and 21E for the purpose only of exercising any power to make regulations, orders or rules of court and otherwise 4.12.2006 for all remaining purposes and for all inserted sections) by Disability Discrimination Act 2005 (c. 13), ss. {2}, 20(3)-(6); S.I. 2005/1676, art. 2(2)(a); S.I. 2005/2774, art. 4(a)

[F13621BDiscrimination by public authoritiesE+W+S

F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E43This section extended to England, Wales and Scotland only; a separate s. 21B exists for Northern Ireland only.

Textual Amendments

F137Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F13521BDiscrimination by public authoritiesN.I.

(1)It is unlawful for a public authority to discriminate against a disabled person in carrying out its functions.

(2)In this section, and sections 21D and 21E, “public authority”—

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

(b)does not include any person mentioned in subsection (3).

(3)The persons are—

(a)either House of Parliament;

(b)a person exercising functions in connection with proceedings in Parliament;

(c)the Assembly;

(d)a person exercising functions in connection with proceedings in the Assembly;

(e)the Security Service;

(f)the Secret Intelligence Service;

(g)the Government Communications Headquarters; and

(h)a unit, or part of a unit, of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

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

(5)Regulations may provide for a person of a prescribed description to be treated as not being a public authority for the purposes of this section and sections 21D and 21E.

(6)In the case of an act which constitutes discrimination by virtue of section 55, subsection (1) also applies to discrimination against a person who is not disabled.

(7)Subsection (1)—

(a)does not apply to anything which is unlawful under any provision of this Act other than subsection (1) or under any provision of the 2005 Order;

(b)does not, subject to subsections (8) and (9), apply to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act or that Order.

(8)Subsection (1) does apply in relation to a public authority's function of appointing a person to, and in relation to a public authority's functions with respect to a person as the holder of, an office or post if—

(a)none of the conditions specified in section 4C(3) is satisfied in relation to the office or post; and

(b)sections 4D and 4E would apply in relation to an appointment to the office or post if any of those conditions was satisfied.

(9)Subsection (1) does apply in relation to a public authority's functions with respect to a person as candidate or prospective candidate for election to, and in relation to a public authority's functions with respect to a person as elected holder of, an office or post if—

(a)the office or post is not membership of a House of Parliament, the Assembly or a district council;

(b)none of the conditions specified in section 4C(3) is satisfied in relation to the office or post; and

(c)sections 4D and 4E would apply in relation to an appointment to the office or post if—

(i)any of those conditions was satisfied, and

(ii)section 4F(1) (but not section 4C(5)) was omitted.

(10)Subsections (8) and (9)—

(a)shall not be taken to prejudice the generality of subsection (1); but

(b)are subject to section 21C(5).]

Extent Information

E163This section extends to Northern Ireland only; a separate s. 21B for England, Wales and Scotland only repealed (1.10.2010).

[F13621CExceptions from section 21B(1)E+W+S

F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E44This section extended to England, Wales and Scotland only; a separate s. 21C exists for Northern Ireland only.

Textual Amendments

F138Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F13521CExceptions from section 21B(1)N.I.

(1)Section 21B(1) does not apply to—

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

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

(2)Section 21B(1) does not apply to any act of, or relating to, making, confirming or approving an enactment.

(3)Section 21B(1) does not apply to any act of, or relating to, imposing conditions or requirements of a kind falling within section 59(1)(c).

(4)Section 21B(1) does not apply to—

(a)a decision not to institute criminal proceedings;

(b)where such a decision is made, an act done for the purpose of enabling the decision to be made;

(c)a decision not to continue criminal proceedings; or

(d)where such a decision is made—

(i)an act done for the purpose of enabling the decision to be made; or

(ii)an act done for the purpose of securing that the proceedings are not continued.

(5)Section 21B(1) does not apply to an act of a prescribed description.]

Extent Information

E164This section extends to Northern Ireland only; a separate s. 21C for England, Wales and Scotland only repealed (1.10.2010).

[F13621DMeaning of “discrimination” in section 21BE+W+S

F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E45This section extended to England, Wales and Scotland only; a separate s. 21D exists for Northern Ireland only.

Textual Amendments

F139Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F13521DMeaning of “discrimination” in section 21BN.I.

(1)For the purposes of section 21B(1), a public authority 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 under subsection (3), (5) or (7)(c).

(2)For the purposes of section 21B(1), a public authority also discriminates against a disabled person if—

(a)it fails to comply with a duty imposed on it by section 21E in circumstances in which the effect of that failure is to make it—

(i)impossible or unreasonably difficult for the disabled person to receive any benefit that is or may be conferred, or

(ii)unreasonably adverse for the disabled person to experience being subjected to any detriment to which a person is or may be subjected,

by the carrying-out of a function by the authority; and

(b)it cannot show that its failure to comply with that duty is justified under subsection (3), (5) or (7)(c).

(3)Treatment, or failure to comply with a duty, is justified under this subsection if —

(a)in the opinion of the public authority, one or more of the conditions specified in subsection (4) are satisfied; and

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

(4)The conditions are—

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

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

(c)that, in the case of treatment mentioned in subsection (1), treating the disabled person equally favourably would in the particular case involve substantial extra costs and, having regard to resources, the extra costs in that particular case would be too great;

(d)that the treatment, or non-compliance with the duty, is necessary for the protection of the rights and freedoms of other persons.

(5)Treatment, or a failure to comply with a duty, is justified under this subsection if the acts of the public authority which give rise to the treatment or failure are a proportionate means of achieving a legitimate aim.

(6)Regulations may make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a public authority to hold the opinion mentioned in subsection (3)(a).

(7)Regulations may—

(a)amend or omit a condition specified in subsection (4) or make provision for it not to apply in prescribed circumstances;

(b)amend or omit subsection (5) or make provision for it not to apply in prescribed circumstances;

(c)make provision for purposes of this section (in addition to any provision for the time being made by subsections (3) to (5)) as to circumstances in which treatment, or a failure to comply with a duty, is to be taken to be justified.]

Extent Information

E165This section extends to Northern Ireland only; a separate s. 21D for England, Wales and Scotland only repealed (1.10.2010).

Modifications etc. (not altering text)

[F13621EDuties for purposes of section 21D(2) to make adjustmentsE+W+S

F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E46This section extended to England, Wales and Scotland only; a separate s. 21E exists for Northern Ireland only.

Textual Amendments

F140Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F13521EDuty for purposes of section 21D(2) to make adjustmentsN.I.

(1)Subsection (2) applies where a public authority has a practice, policy or procedure which makes it—

(a)impossible or unreasonably difficult for disabled persons to receive any benefit that is or may be conferred, or

(b)unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,

by the carrying-out of a function by the authority.

(2)It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority to have to take in order to change that practice, policy or procedure so that it no longer has that effect.

(3)Subsection (4) applies where a physical feature makes it—

(a)impossible or unreasonably difficult for disabled persons to receive any benefit that is or may be conferred, or

(b)unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,

by the carrying-out of a function by a public authority.

(4)It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority 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)adopt a reasonable alternative method of carrying out the function.

(5)Regulations may prescribe—

(a)matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection (4)(c) or (d) is reasonable;

(b)categories of public authorities to whom subsection (4) does not apply.

(6)Subsection (7) applies where an auxiliary aid or service would—

(a)enable disabled persons to receive, or facilitate the receiving by disabled persons of, any benefit that is or may be conferred, or

(b)reduce the extent to which it is adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,

by the carrying-out of a function by a public authority.

(7)It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority to have to take in order to provide that auxiliary aid or service.

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

(a)as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a public authority to have to take steps of a prescribed description;

(b)as to steps which it is always, or as to steps which it is never, reasonable for a public authority to have to take;

(c)as to what is, or as to what is not, to be included within the meaning of “practice, policy or procedure”;

(d)as to things which are, or as to things which are not, to be treated as physical features;

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

(9)Nothing in this section requires a public authority to take any steps which, apart from this section, it has no power to take.

(10)This section imposes duties only for the purposes of determining whether a public authority has, for the purposes of section 21B(1), discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.]

Extent Information

E166This section extends to Northern Ireland only; a separate s. 21E for England, Wales and Scotland only repealed (1.10.2010).

[F141Private clubs etc.U.K.

Textual Amendments

F141Ss. 21F-21J and cross-heading inserted (E.W.S.) (30.6.2005 for ss. 21G, 21 H for certain purposes, 10.10.2005 for s. 21F for certain purposes and 5.12.2005 for all provisions insofar as not already in force) by Disability Discrimination Act 2005 (c. 13), ss. 12, 20(3)-(6); S.I. 2005/1676, art. 2(2)(c); S.I. 2005/2774, arts. {2(a)}, {3(g)} and the same sections and cross-heading inserted (N.I.) (3.7.2006 for ss. 21G and 21 H for certain purposes, 9.11.2007 for s. 21F for certain purposes and 31.12.2007 for all provisions insofar as not already in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 13; S.R. 2006/289, art. 2(2)(b); S.R. 2007/466, art. 2(1)(2)(g)

21FDiscrimination by private clubs etc.U.K.

[F142(1)This section applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if—

(a)it has twenty-five or more members;

(b)admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of section 19(2); and

(c)it is not an organisation to which section 13 applies.

(2)It is unlawful for an association to which this section applies, in the case of a disabled person who is not a member of the association, to discriminate against him—

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

(b)by refusing or deliberately omitting to accept his application for membership.

(3)It is unlawful for an association to which this section applies, in the case of a disabled person who is a member, or associate, of the association, to discriminate against him—

(a)in the way it affords him access to a benefit, facility or service;

(b)by refusing or deliberately omitting to afford him access to a benefit, facility or service;

(c)in the case of a member—

(i)by depriving him of membership, or

(ii)by varying the terms on which he is a member;

(d)in the case of an associate—

(i)by depriving him of his rights as an associate, or

(ii)by varying those rights; or

(e)in either case, by subjecting him to any other detriment.

(4)It is unlawful for an association to which this section applies to discriminate against a disabled person—

(a)in the way it affords him access to a benefit, facility or service,

(b)by refusing or deliberately omitting to afford him access to a benefit, facility or service, or

(c)by subjecting him to any other detriment,

in his capacity as a guest of the association.

(5)It is unlawful for an association to which this section applies to discriminate against a disabled person—

(a)in the terms on which it is prepared to invite him, or permit a member or associate to invite him, to be a guest of the association;

(b)by refusing or deliberately omitting to invite him to be a guest of the association; or

(c)by not permitting a member or associate to invite him to be a guest of the association.

(6)It is unlawful for an association to which this section applies to discriminate against a disabled person in failing in prescribed circumstances to comply with a duty imposed on it under section 21H.

(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.]

Extent Information

E47Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F142Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

21GMeaning of “discrimination”U.K.

[F143(1)For the purposes of section 21F, an association discriminates against a disabled person if—

(a)for a reason which relates to the disabled person’s disability, the association 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 subsection (1), treatment is justified only if—

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

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

(3)The conditions are that—

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

(c)in a case falling within section 21F(2)(a), (3)(a), (c)(ii), (d)(ii) or (e), (4)(a) or (c) or (5)(a), the treatment is necessary in order for the association to be able to afford members, associates or guests of the association, or the disabled person, access to a benefit, facility or service;

(d)in a case falling within section 21F(2)(b), (3)(b), (c)(i) or (d)(i), (4)(b) or (5)(b) or (c), the treatment is necessary because the association would otherwise be unable to afford members, associates or guests of the association access to a benefit, facility or service;

(e)in a case falling within section 21F(2)(a), the difference between—

(i)the terms on which membership is offered to the disabled person, and

(ii)those on which it is offered to other persons,

reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;

(f)in a case falling within section 21F(3)(a), (c)(ii) or (d)(ii) or (4)(a), the difference between—

(i)the association’s treatment of the disabled person, and

(ii)its treatment of other members or (as the case may be) other associates or other guests of the association,

reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;

(g)in a case falling within section 21F(5)(a), the difference between—

(i)the terms on which the disabled person is invited, or permitted to be invited, to be a guest of the association, and

(ii)those on which other persons are invited, or permitted to be invited, to be guests of the association,

reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service.

(4)Any increase in the cost of affording a disabled person access to a benefit, facility or service which results from compliance with a duty under section 21H shall be disregarded for the purposes of subsection (3)(e), (f) and (g).

(5)Regulations may—

(a)make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for an association to hold the opinion mentioned in subsection (2)(a);

(b)amend or omit a condition specified in subsection (3) or make provision for it not to apply in prescribed circumstances;

(c)make provision as to circumstances (other than any for the time being mentioned in subsection (3)) in which treatment is to be taken to be justified for the purposes of subsection (1).

(6)For the purposes of section 21F, an association also discriminates against a disabled person if—

(a)it fails to comply with a duty under section 21H imposed on it in relation to the disabled person; and

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

(7)Regulations may make provision as to circumstances in which failure to comply with a duty under section 21H is to be taken to be justified for the purposes of subsection (6).]

Extent Information

E48Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F143Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

C10S. 21G(3)(b) excluded (E.W.S) (5.12.2006) by The Disability Discrimination (Private Clubs etc.) Regulations (S.I. 2005/3258), {reg. 3}

21HDuty to make adjustmentsU.K.

[F144(1)Regulations may make provision imposing on an association to which section 21F applies—

(a)a duty to take steps for a purpose relating to a policy, practice or procedure of the association, or a physical feature, which adversely affects disabled persons who—

(i)are, or might wish to become, members or associates of the association, or

(ii)are, or are likely to become, guests of the association;

(b)a duty to take steps for the purpose of making an auxiliary aid or service available to any such disabled persons.

(2)Regulations under subsection (1) may (in particular)—

(a)make provision as to the cases in which a duty is imposed;

(b)make provision as to the steps which a duty requires to be taken;

(c)make provision as to the purpose for which a duty requires steps to be taken.

(3)Any duty imposed under this section is imposed only for the purpose of determining whether an association has, for the purposes of section 21F, discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.]

Extent Information

E49Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F144Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

21J“Member”, “associate” and “guest”U.K.

[F145(1)For the purposes of sections 21F to 21H and this section—

(a)a person is a member of an association to which section 21F applies if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association), and references to membership of an association shall be construed accordingly;

(b)a person is an associate of an association to which section 21F applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases).

(2)References in sections 21F to 21H to a guest of an association include a person who is a guest of the association by virtue of an invitation issued by a member or associate of the association and permitted by the association.

(3)Regulations may make provision, for purposes of sections 21F to 21H, as to circumstances in which a person is to be treated as being, or as to circumstances in which a person is to be treated as not being, a guest of an association.]]

Extent Information

E50Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F145Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

PremisesU.K.

22 Discrimination in relation to premises.U.K.

[F146(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.

[F147(3A)Regulations may make provision, for purposes of subsection (3)—

(a)as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises;

(b)as to who is to be treated as being, or as to who is to be treated as not being, a person occupying premises.]

(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—

(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.]

Extent Information

E51Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8; see s. 70(6)

Textual Amendments

F146Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F14822ACommonholdsE+W+S

F149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F148S. 22A inserted (E.W.S. with application to E.W. only) (30.6.2005 for certain purposes, and 4.12.2006 insofar as not already in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 17; S.I. 2005/1676, art. 2(2)(g); S.I 2005/2774, {art. 4(f)}

F149Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

23 Exemption for small dwellings.U.K.

[F150(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;

[F151(aa)in a case falling within section 22(3), the person managing 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—

Textual Amendments

F150Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F152Words in s. 23(7) inserted (5.12.2005) by Civil Partnership Act (2004 c. 33), ss. 261(1), 263(10), {Sch. 27 para. 150(2)}; S.I. 2005/3175, art. 2(2)

F153Words in s. 23(7) substituted (5.12.2005) by Civil Partnership Act (2004 c. 33), ss. 261(1), 263(10), {Sch. 27 para. 150}; S.I. 2005/3175, art. 2(2)

F154S. 23(7): definition of "partner" substituted (5.12.2005) by Civil Partnership Act (2004 c. 33), ss. 261(1), 263(10), {Sch. 27 para. 150(3)}; S.I. 2005/3175, art. 2(2)

Modifications etc. (not altering text)

24 Meaning of “discrimination” .U.K.

[F155(1)For the purposes of [F156sections 22 and 22A], 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.

[F157(e)in a case to which subsection (3A) applies, the terms are less favourable in order to recover costs which—

(i)as a result of the disabled person having a disability, are incurred in connection with the disposal of the premises, and

(ii)are not costs incurred in connection with taking steps to avoid liability under section 24G(1);

(f)in a case to which subsection (3B) applies, the disabled person is subjected to the detriment in order to recover costs which—

(i)as a result of the disabled person having a disability, are incurred in connection with the management of the premises, and

(ii)are not costs incurred in connection with taking steps to avoid liability under section 24A(1) or 24G(1).]

[F158(3A)This subsection applies to a case if—

(a)the case falls within section 22(1)(a);

(b)the premises are to let;

(c)the person with power to dispose of the premises is a controller of them; and

(d)the proposed disposal of the premises would involve the disabled person becoming a person to whom they are let.

(3B)This subsection applies to a case if—

(a)the case falls within section 22(3)(c);

(b)the detriment is not eviction;

(c)the premises are let premises;

(d)the person managing the premises is a controller of them; and

(e)the disabled person is a person to whom the premises are let or, although not a person to whom they are let, is lawfully under the letting an occupier of them.

(3C)Section 24G(3) and (4) apply for the purposes of subsection (3A) as for those of section 24G; and section 24A(3) and (4) apply for the purposes of subsection (3B) as for those of section 24A.]

(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.

[F159(4A)Regulations may make provision for the condition specified in subsection (3)(b) not to apply in prescribed circumstances.]

(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.]

Extent Information

E52Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F155Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F156S. 24(1): words "sections 22 and 22A" substituted (E.W.S.) for "section 22" (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 19(2); S.I. 2005/2774, art. 4(f)

Modifications etc. (not altering text)

Commencement Information

I10S. 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

[F160F16124ALet premises: discrimination in failing to comply with dutyE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E53This section extended to England, Wales and Scotland only; a separate s. 24A exists for Northern Ireland only.

Textual Amendments

F160S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F161Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50324ALet premises: discrimination in failing to comply with dutyN.I.

(1)It is unlawful for a controller of let premises to discriminate against a disabled person—

(a)who is a person to whom the premises are let; or

(b)who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.

(2)For the purposes of subsection (1), a controller of let premises discriminates against a disabled person if—

(a)he fails to comply with a duty under section 24C or 24D imposed on him by reference to the disabled person; and

(b)he cannot show that failure to comply with the duty is justified (see section 24K).

(3)For the purposes of this section and sections 24B to 24F, a person is a controller of let premises if he is—

(a)a person by whom the premises are let; or

(b)a person who manages the premises.

(4)For the purposes of this section and sections 24B to 24F—

(a)let” includes sub-let; and

(b)premises shall be treated as let by a person to another where a person has granted another a contractual licence to occupy them.

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

Extent Information

E167This section extends to Northern Ireland only; a separate s. 24A for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F503Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

[F16024BExceptions to section 24A(1)E+W+S

F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E54This section extended to England, Wales and Scotland only; a separate s. 24B exists for Northern Ireland only.

Textual Amendments

F160S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F162Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50324BExceptions to section 24A(1)N.I.

(1)Section 24A(1) does not apply if—

(a)the premises are, or have at any time been, the only or principal home of an individual who is a person by whom they are let; and

(b)since entering into the letting—

(i)the individual has not, and

(ii)where he is not the sole person by whom the premises are let, no other person by whom they are let has,

used for the purpose of managing the premises the services of a person who, by profession or trade, manages let premises.

(2)Section 24A(1) does not apply if the premises are of a prescribed description.

(3)Where the conditions mentioned in section 23(2) are satisfied, section 24A(1) does not apply.

(4)For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24A(1), a controller of the let premises, or a near relative of his; and “near relative” has here the same meaning as in section 23.]

Extent Information

E168This section extends to Northern Ireland only; a separate s. 24B for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F503Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

Modifications etc. (not altering text)

[F16024CDuty for purposes of section 24A(2) to provide auxiliary aid or serviceE+W+S

F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E55This section extended to England, Wales and Scotland only; a separate s. 24C exists for Northern Ireland only.

Textual Amendments

F160S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F163Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50324CDuties for purposes of section 24A(2) to provide auxiliary aid or serviceN.I.

(1)Subsection (2) applies where—

(a)a controller of let premises receives a request made by or on behalf of a person to whom the premises are let;

(b)it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service; and

(c)either the first condition, or the second condition, is satisfied.

(2)It is the duty of the controller 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 the auxiliary aid or service (but see section 24E(1)).

(3)The first condition is that—

(a)the auxiliary aid or service—

(i)would enable a relevant disabled person to enjoy, or facilitate such a person's enjoyment of, the premises, but

(ii)would be of little or no practical use to the relevant disabled person concerned if he were neither a person to whom the premises are let nor an occupier of them; and

(b)it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person concerned to enjoy the premises.

(4)The second condition is that—

(a)the auxiliary aid or service—

(i)would enable a relevant disabled person to make use, or facilitate such a person's making use, of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use, but

(ii)would be of little or no practical use to the relevant disabled person concerned if he were neither a person to whom the premises are let nor an occupier of them; and

(b)it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person concerned to make use of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use.]

Extent Information

E169This section extends to Northern Ireland only; a separate s. 24C for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F503Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

[F16024DDuty for purposes of section 24A(2) to change practices, terms etcE+W+S

F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E56This section extended to England, Wales and Scotland only; a separate s. 24D exists for Northern Ireland only.

Textual Amendments

F160S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F164Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50324DDuty for purposes of section 24A(2) to change practices, terms, etc.N.I.

(1)Subsection (3) applies where—

(a)a controller of let premises has a practice, policy or procedure which has the effect of making it impossible, or unreasonably difficult, for a relevant disabled person—

(i)to enjoy the premises, or

(ii)to make use of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use, or

(b)a term of the letting has that effect,

and (in either case) the conditions specified in subsection (2) are satisfied.

(2)Those conditions are—

(a)that the practice, policy, procedure or term would not have that effect if the relevant disabled person concerned did not have a disability;

(b)that the controller receives a request made by or on behalf of a person to whom the premises are let; and

(c)that it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy, procedure or term so as to stop it having that effect.

(3)It is the duty of the controller 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 the practice, policy, procedure or term so as to stop it having that effect (but see section 24E(1)).]

Extent Information

E170This section extends to Northern Ireland only; a separate s. 24D for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F503Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

[F16024ESections 24C and 24D: supplementary and interpretationE+W+S

F165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E57This section extended to England, Wales and Scotland only; a separate s. 24E exists for Northern Ireland only.

Textual Amendments

F160S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F165Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50324ESections 24C and 24D: supplementary and interpretationN.I.

(1)For the purposes of sections 24C and 24D, it is never reasonable for a controller of let premises to have to take steps consisting of or including the removal or alteration of a physical feature.

(2)Sections 24C and 24D impose duties only for the purpose of determining whether a person has, for the purposes of section 24A, discriminated against another; and accordingly a breach of any such duty is not actionable as such.

(3)In sections 24C and 24D “relevant disabled person”, in relation to let premises, means a particular disabled person—

(a)who is a person to whom the premises are let; or

(b)who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.

(4)For the purposes of section 24C and 24D, the terms of a letting of premises include the terms of any agreement which relates to the letting of the premises.]

Extent Information

E171This section extends to Northern Ireland only; a separate s. 24E for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F503Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

[F16024FLet premises: victimisation of persons to whom premises are letE+W+S

F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E58This section extended to England, Wales and Scotland only; a separate s. 24F exists for Northern Ireland only.

Textual Amendments

F160S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F166Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50324FLet premises: victimisation of persons to whom premises are letN.I.

(1)Where a duty under section 24C or 24D is imposed on a controller of let premises by reference to a person who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises, it is unlawful for a controller of the let premises to discriminate against a person to whom the premises are let.

(2)For the purposes of subsection (1), a controller of the let premises discriminates against a person to whom the premises are let if—

(a)the controller treats that person (“T”) less favourably than he treats or would treat other persons whose circumstances are the same as T's; and

(b)he does so because of costs incurred in connection with taking steps to avoid liability under section 24A(1) for failure to comply with the duty.

(3)In comparing T's circumstances with those of any other person for the purposes of subsection (2)(a), the following (as well as the costs' having been incurred) shall be disregarded—

(a)the making of the request that gave rise to the imposition of the duty; and

(b)the disability of each person who—

(i)is a disabled person or a person who has had a disability, and

(ii)is a person to whom the premises are let or, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.]

Extent Information

E172This section extends to Northern Ireland only; a separate s. 24F for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F503Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

[F16024GPremises that are to let: discrimination in failing to comply with dutyE+W+S

F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E59This section extended to England, Wales and Scotland only; a separate s. 24G exists for Northern Ireland only.

Textual Amendments

F160S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F167Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50324GPremises that are to let: discrimination in failing to comply with dutyN.I.

(1)Where—

(a)a person has premises to let, and

(b)a disabled person is considering taking a letting of the premises,

it is unlawful for a controller of the premises to discriminate against the disabled person.

(2)For the purposes of subsection (1), a controller of premises that are to let discriminates against a disabled person if—

(a)he fails to comply with a duty under section 24J imposed on him by reference to the disabled person; and

(b)he cannot show that failure to comply with the duty is justified (see section 24K).

(3)For the purposes of this section and sections 24H and 24J, a person is a controller of premises that are to let if he is—

(a)a person who has the premises to let; or

(b)a person who manages the premises.

(4)For the purposes of this section and sections 24H and 24J—

(a)let” includes sub-let;

(b)premises shall be treated as to let by a person to another where a person proposes to grant another a contractual licence to occupy them;

and references to a person considering taking a letting of premises shall be construed accordingly.

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

Extent Information

E173This section extends to Northern Ireland only; a separate s. 24G for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F503Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

[F16024HExceptions to section 24G(1)E+W+S

F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E60This section extended to England, Wales and Scotland only; a separate s. 24H exists for Northern Ireland only.

Textual Amendments

F160S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F168Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50324HExceptions to section 24G(1)N.I.

(1)Section 24G(1) does not apply in relation to premises that are to let if the premises are, or have at any time been, the only or principal home of an individual who is a person who has them to let and—

(a)the individual does not use, and

(b)where he is not the sole person who has the premises to let, no other person who has the premises to let uses,

the services of an estate agent (within the meaning given by section 22(6)) for the purposes of letting the premises.

(2)Section 24G(1) does not apply if the premises are of a prescribed description.

(3)Where the conditions mentioned in section 23(2) are satisfied, section 24G(1) does not apply.

(4)For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24G(1), a controller of the premises that are to let, or a near relative of his; and “near relative” has here the same meaning as in section 23.]

Extent Information

E174This section extends to Northern Ireland only; a separate s. 24H for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F503Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

Modifications etc. (not altering text)

[F16024JDuties for purposes of section 24G(2)E+W+S

F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E61This section extended to England, Wales and Scotland only; a separate s. 24J exists for Northern Ireland only.

Textual Amendments

F160S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F169Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50324JDuties for purposes of section 24G(2)N.I.

(1)Subsection (2) applies where—

(a)a controller of premises that are to let receives a request made by or on behalf of a relevant disabled person;

(b)it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service;

(c)the auxiliary aid or service—

(i)would enable the relevant disabled person to become, or facilitate his becoming, a person to whom the premises are let, but

(ii)would be of little or no practical use to him if he were not considering taking a letting of the premises; and

(d)it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person to become a person to whom the premises are let.

(2)It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for the controller to have to take in order to provide the auxiliary aid or service (but see subsection (5)).

(3)Subsection (4) applies where—

(a)a controller of premises that are to let has a practice, policy or procedure which has the effect of making it impossible, or unreasonably difficult, for a relevant disabled person to become a person to whom the premises are let;

(b)the practice, policy or procedure would not have that effect if the relevant disabled person did not have a disability;

(c)the controller receives a request made by or on behalf of the relevant disabled person; and

(d)it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy or procedure so as to stop it having that effect.

(4)It is the duty of the controller 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 the practice, policy or procedure so as to stop it having that effect (but see subsection (5)).

(5)For the purposes of this section, it is never reasonable for a controller of premises that are to let to have to take steps consisting of or including the removal or alteration of a physical feature.

(6)In this section “relevant disabled person”, in relation to premises that are to let, means a particular disabled person who is considering taking a letting of the premises.

(7)This section imposes duties only for the purpose of determining whether a person has, for the purposes of section 24G, discriminated against another; and accordingly a breach of any such duty is not actionable as such.]

Extent Information

E175This section extends to Northern Ireland only; a separate s. 24J for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F503Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

[F16024KLet premises and premises that are to let: justificationE+W+S

F170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E62This section extended to England, Wales and Scotland only; a separate s. 24K exists for Northern Ireland only.

Textual Amendments

F160S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F170Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50324KLet premises and premises to let: justificationN.I.

(1)For the purposes of sections 24A(2) and 24G(2), a person's failure to comply with a duty is justified only if—

(a)in his opinion, a condition mentioned in subsection (2) is satisfied; and

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

(2)The conditions are—

(a)that it is necessary to refrain from complying with the duty in order not to endanger the health or safety of any person (which may include that of the disabled person concerned);

(b)that the disabled person concerned is incapable of entering into an enforceable agreement, or of giving informed consent, and for that reason the failure is reasonable.

(3)Regulations may—

(a)make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a person to hold the opinion mentioned in subsection (1)(a);

(b)amend or omit a condition specified in subsection (2) or make provision for it not to apply in prescribed circumstances;

(c)make provision, for purposes of this section, as to circumstances (other than any for the time being mentioned in subsection (2)) in which a failure is to be taken to be justified.]

Extent Information

E176This section extends to Northern Ireland only; a separate s. 24K for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F503Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

Modifications etc. (not altering text)

[F16024LSections 24 to 24K: power to make supplementary provisionE+W+S

F171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E63This section extended to England, Wales and Scotland only; a separate s. 24L exists for Northern Ireland only.

Textual Amendments

F160S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F171Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50324LSections 24 to 24K: power to make supplementary provisionN.I.

(1)Regulations may make provision, for purposes of sections 24(3A) and (3B) and 24A to 24K—

(a)as to circumstances in which premises are to be treated as let to a person;

(b)as to circumstances in which premises are to be treated as not let to a person;

(c)as to circumstances in which premises are to be treated as being, or as not being, to let;

(d)as to who is to be treated as being, or as to who is to be treated as not being, a person who, although not a person to whom let premises are let, is lawfully under the letting an occupier of the premises;

(e)as to who is to be treated as being, or as to who is to be treated as not being, a person by whom premises are let;

(f)as to who is to be treated as having, or as to who is to be treated as not having, premises to let;

(g)as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises;

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

(i)as to what is, or as to what is not, to be included within the meaning of “practice, policy or procedure”;

(j)as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a person to have to take steps of a prescribed description;

(k)as to steps which it is always, or as to steps which it is never, reasonable for a person to have to take;

(l)as to circumstances in which it is, or as to circumstances in which it is not, reasonable to regard a request as being of a particular kind;

(m)as to things which are, or as to things which are not, to be treated as physical features;

(n)as to things which are, or as to things which are not, to be treated as alterations of physical features.

(2)The powers under subsections (1)(j) and (k) are subject to sections 24E(1) and 24J(5).]

Extent Information

E177This section extends to Northern Ireland only; a separate s. 24L for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F503Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)

[F17224MPremises provisions do not apply where other provisions operateE+W+S

F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E64This section extended to England, Wales and Scotland only; a separate s. 24M exists for Northern Ireland only.

Textual Amendments

F173Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50424MPremises provisions do not apply where other provisions operateN.I.

(1)Sections 22 to 24L do not apply—

(a)in relation to the provision of premises by a provider of services where he provides the premises in providing services to members of the public;

(b)in relation to the provision, in the course of a Part II relationship, of premises by the regulated party to the other party;

(c)in relation to the provision of premises to a student or prospective student—

(i)by a responsible body within the meaning of Chapter I or II of Part III of the 2005 Order, or

(ii)by an authority in discharging any functions mentioned in Article 19(1) of the 2005 Order; or

(d)to anything which is unlawful under section 21F or which would be unlawful under that section but for the operation of any provision in or made under this Act.

(2)Subsection (1)(a) has effect subject to any prescribed exceptions.

(3)In subsection (1)(a) “provider of services”, and providing services, have the same meaning as in section 19.

(4)For the purposes of subsection (1)(b)—

(a)Part II relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and

(b)in relation to a Part II relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.

(5)In subsection (1)(c) “student” includes pupil.]

Extent Information

E178This section extends to Northern Ireland only; a separate s. 24M for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

Enforcement, etc.U.K.

25 Enforcement, remedies and procedure.U.K.

[F174(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 F175. . . 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[F176 Northern Ireland] shall be brought only in a county court.

(4)F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The remedies available in such proceedings are those which are available in the High Court F178. . . .

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

[F179(6A)Subsection (1) does not apply in relation to a claim by a person that another person—

(a)has discriminated against him in relation to the provision under a group insurance arrangement of facilities by way of insurance; or

(b)is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision under such an arrangement of such facilities.]

[F180[F181(7)Subsection (1) does not apply in relation to a claim by a person that another person—

(a)has discriminated against him in relation to the provision of employment services; or

(b)is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision of employment services.

(8)A claim—

(a)of the kind referred to in subsection (6A) or (7); or

(b)by a person that another—

(i)has subjected him to harassment in a way which is unlawful under section 21A(2), or

(ii)is by virtue of section 57 or 58 to be treated as having subjected him to harassment in such a way,

may be presented as a complaint to an industrial tribunal.]

(9)Section 17A(1A) to (7) and paragraphs 3 and 4 of Schedule 3 apply in relation to a complaint under subsection (8) as if it were a complaint under section 17A(1) (and paragraphs 6 to 8 of Schedule 3 do not apply in relation to such a complaint).]]

Extent Information

E65Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It incorporates the N.I. modifications set out in Sch. 8 para. 12. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F174Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F175Words in s. 25(1) omitted (N.I.) by virtue of s. 70(6), Sch. 8 para. 12(1) of this Act

F176Words in s. 25(3) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 12(2) of this Act

F177S. 25(4) omitted (N.I.) by virtue of s. 70(6), Sch. 8 para. 12(3) of this Act

F178Words in s. 25(5) omitted (N.I.) by virtue of s. 70(6), Sch. 8 para. 12(4) of this Act

F180S. 25(7)-(9) inserted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), {regs. 1, 19(3)}

26 Validity and revision of certain agreements.U.K.

[F182(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.

[F183(1A)Subsection (1) does not apply to—

(a)any term in a contract for the provision of employment services;

(b)any term in a contract which is a group insurance arrangement; or

(c)a term which—

(i)is in an agreement which is not a contract of either of those kinds, and

(ii)relates to the provision of employment services or the provision under a group insurance arrangement of facilities by way of insurance.]

(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.]

Extent Information

E66Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8; see s. 70(6)

Textual Amendments

F182Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

27 Alterations to premises occupied under leases.U.K.

[F184(1)This section applies where—

(a)a provider of services [F185, a public authority (within the meaning given by section 21B) or an association to which section 21F applies](“the occupier”) occupies premises under a lease;

(b)but for this section, [F186the 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 21 duty [F187or a duty imposed under section 21E or 21H].

(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—

(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.]

Extent Information

E67Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F184Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F185Words in s. 27(1)(a) inserted (E.W.S.) (30.6.2005 for certain purposes and 4.12.2006 insofar as not yet in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 23(a); S.I. 2005/1676, art. 2(2)(g); S.I. 2005/2774, art. 4(f) and said words inserted (N.I.) (3.7.2006 for certain purposes and 31.12.2007 insofar as not yet in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 20(a); S.R. 2006/289, art. 2(2)(f); S.R. 2007/466, art. 2(2)(m)

F186Words in s. 27(1)(b) substituted (E.W.S.) (30.6.2005 for certain purposes and 4.12.2006 insofar as not yet in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 23(b); S.I. 2005/1676, art. 2(2)(g); S.I. 2005/2774, art. 4(f) and said words inserted (N.I.) (3.7.2006 for certain purposes and 31.12.2007 insofar as not yet in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 20(b); S.R. 2006/289, art. 2(2)(f); S.R. 2007/466, art. 2(2)(m)

F187Words in s. 27(1)(c) inserted (E.W.S.) (30.6.2005 for certain purposes and 4.12.2006 insofar as not yet in force) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 23(c); S.I. 2005/1676, art. 2(2)(g); S.I. 2005/2774, art. 4(f) and said words inserted (N.I.) (3.7.2006 for certain purposes and 31.12.2007 insofar as not yet in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 20(c); S.R. 2006/289, art. 2(2)(f); S.R. 2007/466, art. 2(2)(m)

Modifications etc. (not altering text)

C13S. 27 modified (1.10.2004) by S.I. 2001/3253, reg. 9

Commencement Information

I11S. 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)

[F18828 Conciliation of disputes.U.K.

[F189(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—

Extent Information

E68Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F188S. 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.

F189Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Commencement Information

I12S. 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)

Part IVE+W+S Education

Modifications etc. (not altering text)

C15Pt. 4: power to amend or repeal Pt. 4 conferred (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26

[F190Chapter 1 E+W+S SCHOOLS]

Textual Amendments

F190Pt. 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

[F191Duties of responsible bodies]E+W+S

Textual Amendments

F191Pt. 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

28A Discrimination against disabled pupils and prospective pupilsE+W+S

F192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F192Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28B Meaning of “discrimination”E+W+S

F193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F193Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28C Disabled pupils not to be substantially disadvantagedE+W+S

F194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F194Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

C16S. 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)

28D Accessibility strategies and plansE+W+S

F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F195Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28E Accessibility strategies and plans: procedureE+W+S

F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F196Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F197Residual duty of education authorities]E+W+S

Textual Amendments

F197Pt. IV Ch. 1: Cross-heading and ss. 28F, 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

28F Duty of education authorities not to discriminateE+W+S

F198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F198Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28G Residual duty: supplementary provisionsE+W+S

F199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F199Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F200 Enforcement: England and Wales]E+W+S

Textual Amendments

F200Pt. IV Ch. 1: Cross-heading and s. 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

28H[F201Tribunals]E+W+S

F202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F201S. 28H heading substituted (31.3.2003 for certain purposes otherwise 1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 8(2) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, arts. 5, 6, Sch. Pt. II, III

F202Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28I Jurisdiction and powers of the Tribunal [F203- England and Wales ]E+W+S

F204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F203S. 28I: words in heading inserted (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 9(1), 26

F204Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28IAJurisdiction and powers of the Tribunal – WalesE+W

F205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F205Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Prospective

28IBCase friends — WalesE+W

F206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F206Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28ICAdvice and information — WalesE+W

F207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F207Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28IDResolution of disputes — WalesE+W

F208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F208Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28IEIndependent advocacy services — WalesE+W

F209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F209Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28J ProcedureE+W+S

F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F210Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F21128JAAppeal from the Welsh Tribunal to the Upper TribunalE+W+S

F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F212Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28K AdmissionsE+W+S

F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F213Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28L ExclusionsE+W+S

F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F214Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28M Roles of the Secretary of State and the [F215Welsh Ministers]E+W+S

F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F215S. 28M: words in heading substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F216Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F217Enforcement: Scotland]E+W+S

Textual Amendments

F217Pt. IV Ch. 1: Cross-heading and s. 28N inserted (1.9.2002) by 2001 c. 10, s. 23 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

28N Civil proceedingsE+W+S

F218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F218Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F219Agreements relating to enforcement]E+W+S

Textual Amendments

F219Pt. IV Ch. 1: Cross-heading and s. 28P inserted (1.9.2002) by 2001 c. 10, s. 24 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

28P Validity and revision of agreements of responsible bodiesE+W+S

F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F220Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F221Interpretation of Chapter 1]E+W+S

Textual Amendments

F221Pt. IV Ch. 1: Cross-heading and s. 28Q inserted (1.9.2002) by 2001 c. 10, s. 25 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

28Q InterpretationE+W+S

F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F222Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F223Chapter 2U.K. FURTHER AND HIGHER EDUCATION]

Textual Amendments

F223Pt. IV Ch. 2: Chapter heading, cross-heading and s. 28R inserted (E.W.S) (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

[F224Duties of responsible bodies]E+W+S

Textual Amendments

F224Pt. 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

28R Discrimination against disabled students and prospective studentsE+W+S

F225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F225Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28S Meaning of “discrimination”E+W+S

F226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F226Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28SAMeaning of “harassment“E+W+S

F227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F227Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28TResponsible bodies' duties to make adjustmentsE+W+S

F228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F228Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F229Other providers of further education or training facilities]E+W+S

Textual Amendments

F229Pt. IV Ch. 2: Cross-heading and s. 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

28U Further education etc. provided by [F230local authorities] and schoolsE+W+S

F231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F231Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F232Other unlawful acts]E+W+S

Textual Amendments

F232Cross-heading inserted after s. 28U (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 11

28UARelationships which have come to an endE+W+S

F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F233Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28UBInstructions and pressure to discriminateE+W+S

F234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F234Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28UCDiscriminatory advertisementsE+W+S

F235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F235Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F236Enforcement, etc.]U.K.

Textual Amendments

F236Pt. IV Ch. 2: Cross-heading and s. 28V inserted (1.9.2002) by 2001 c. 10, s. 30 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

28V Enforcement, remedies and procedureE+W+S

F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F237Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28W Occupation of premises by educational institutionsE+W+S

F238. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F238Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

28X Validity and revision of agreementsE+W+S

F239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F239Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

29Education of disabled persons.U.K.

F240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E69In the application of the Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 paras. 1, 15

Textual Amendments

F240S. 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

[F241Duties of funding councils]U.K.

Textual Amendments

F241Pt. IV Ch. 2: Cross-heading inserted before s. 30 (E.W.S.) (1.9.2002) by 2001 c. 10, s. 34(4) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

30 Further and higher education of disabled persons. 1992 c.13.U.K.

F242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E70In the application of the Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 paras. 1, 15

Textual Amendments

F242Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

31 Further and higher education of disabled persons: Scotland. 1992 c. 37.U.K.

F243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E71In the application of the Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 paras. 1, 15

Textual Amendments

F243Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F244 Interpretation of Chapter 2]U.K.

Textual Amendments

F244Pt. IV Ch. 2: Cross-heading and s. 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

31A InterpretationE+W+S

F245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F245Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F246Chapter 2AE+W+SGeneral Qualifications Bodies

Textual Amendments

F246Pt. 4 Ch. 2A (ss. 31AA-31AF) inserted (E.W.S) (11.6.2007 for ss. 31AA, 31AD and 31AE for certain purposes, and for s. 31AF, otherwise in force for all provisions at 1.9.2007) by Disability Discrimination Act 2005 (c. 13), ss. 15, 20(3)-(6); S.I 2007/1555, arts. 2, 3(a)

31AAGeneral qualifications bodies: discrimination and harassmentE+W+S

F247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F247Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

31ABMeaning of “discrimination”E+W+S

F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F248Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

31ACMeaning of “harassment”E+W+S

F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F249Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

31ADGeneral qualifications bodies: duty to make adjustmentsE+W+S

F250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F250Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F25131ADAEnforcement, remedies and proceduresE+W+S

F252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F252Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F25331ADBAlterations to premises occupied under leasesE+W+S

F254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F254Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

31AEChapter 2A: claims, leased premises and certain agreementsE+W+S

F255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

31AFChapter 2A: duty to consult before making regulationsE+W+S

F256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F256Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F257Chapter 3E+W+S SUPPLEMENTARY]

Textual Amendments

F257Pt. IV: Chapter 3 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

31B Conciliation for disputesE+W+S

F258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

31C Application to Isles of ScillyE+W+S

F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F259Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Part VU.K. Public Transport

TaxisU.K.

32 Taxi accessibility regulations.U.K.

[F260(1)The [F261Department of the Environment] 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—

Extent Information

E72Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only. It incorporates the modifications for N.I. set out in Sch. 8 para. 16; see s. 70(6)

Textual Amendments

F260Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F261Words in s. 32(1) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 16(1) of this Act

F262Words in s. 32(1) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 16(2) of this Act

Modifications etc. (not altering text)

C17Ss. 32-34: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I13S. 32 in force (N.I.) (18.9.2015) by S.R. 2015/333, art. 2

Prospective

33 Designated transport facilities.U.K.

[F263(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 [F264appropriate national authority] 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 [F265authority making the regulations] considers appropriate.

(4)In this section—

  • [F266appropriate national authority means—

    (a)

    in relation to transport facilities in England and Wales, the Secretary of State, and

    (b)

    in relation to transport facilities in Scotland, the Scottish Ministers (but see subsection (5));]

  • designated” means designated for the purposes of this section by an order made by the [F264appropriate national authority];

  • hire car” has such meaning as may be [F267specified by regulations made by the appropriate national authority];

  • 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 M1Civic 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.

[F268(5)The Secretary of State may, for the purposes mentioned in section 2(2) of the European Communities Act 1972 (implementation of Community obligations etc. of the United Kingdom), exercise the powers conferred by this section on the Scottish Ministers.]]

Extent Information

E73Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 17; see s. 70(6)

Textual Amendments

F263Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F266S. 33(4): definition of "appropriate national authority" inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 26(4); S.I. 2005/2774, art. 3(j)

F267S. 33(4): words in definition of "prescribed" substituted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 26(5); S.I. 2005/2774, art. 3(j)

Modifications etc. (not altering text)

C18S. 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

C19Ss. 32-34: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Marginal Citations

Prospective

34 New licences conditional on compliance with taxi accessibility regulations.U.K.

[F269(1)The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi 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 Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order]

Extent Information

E74Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only. It incorporates the modifications for N.I. set out in Sch. 8 para. 18; see s. 70(6)

Textual Amendments

F269Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

C20Ss. 32-34: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Prospective

35 Exemption from taxi accessibility regulations.U.K.

F270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E75In the application of the Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 paras. 1, 19

Textual Amendments

F270Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

36 Carrying of passengers in wheelchairs.U.K.

[F271(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 [F272vehicle].

[F273(1A)This section also imposes duties on the driver of a designated vehicle other than a regulated taxi if—

(a)the designated vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and

(b)a person falling within paragraph (a) or (b) of subsection (1) has indicated to the driver that he wishes to travel on the service.]

(2)In this section—

(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 [F274vehicle];

(ii)if the passenger wishes to remain in his wheelchair, to enable him to be conveyed into and out of the [F274vehicle] while in his wheelchair;

(iii)to load the passenger’s luggage into or out of the [F274vehicle];

(iv)if the passenger does not wish to remain in his wheelchair, to load the wheelchair into or out of the [F274vehicle].

(4)Nothing in this section is to be taken to require the driver of any [F274vehicle]

(a)except in the case of a [F274vehicle] 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 [F275or designated vehicle] 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

[F276(a)in the case of a regulated taxi,]

the taxi conformed with those provisions of the taxi accessibility regulations with which it was required to conform,

[F277(b)in the case of a designated vehicle, the vehicle conformed to the accessibility requirements which applied to it,]

it would not have been possible for the wheelchair in question to be carried in safety in the [F278vehicle].

(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.

[F279(10)The driver of a designated vehicle 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)he is carrying the certificate on the vehicle.

(11)The driver of a designated vehicle who is exempt under subsection (10) must show the certificate, on request, to a person falling within paragraph (a) or (b) of subsection (1).]

[F280(12)In this section—

Extent Information

E76Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modification for Northern Ireland set out in Sch. 8 para. 20; see s. 70(6).

Textual Amendments

F271Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F272S. 36(1)(b): word "vehicle" substituted for "taxi" (E.W.S.) (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 55(2), 134(2)

F274S. 36(2)(3)(4): word "vehicle" substituted (E.W.S.) for "taxi" (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 55(4), 134(2)

F275Words in s. 36(5) inserted (E.W.S.) (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 55(5), 134(2)

F276Words in s. 36(6) inserted (E.W.S.) (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 55(6), 134(2)

F277Words in s. 36(6) inserted (E.W.S.) (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 55(6), 134(2)

F278S. 36(6): word "vehicle" substituted (E.W.S.) for "taxi" (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 55(6), 134(2)

Modifications etc. (not altering text)

C22Ss. 36-38: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I14S. 36 in force (27.1.2009) (E.W.S) so far as it applies to designated vehicles by virtue of s. 70(2A)(a) of this Act (as inserted (26.1.2009) by Local Transport Act 2008 (c. 26), ss. {56(9)}, 134(2))

[F28136AList of wheelchair-accessible vehicles providing local servicesE+W+S

F282. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F282Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

37 Carrying of guide dogs and hearing dogs.U.K.

[F283(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—

Extent Information

E77Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 21; see s. 70(6)

Textual Amendments

F283Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

C23Ss. 36-38: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I15S. 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)

[F28437A Carrying of assistance dogs in private hire vehiclesU.K.

[F285(1)It is an offence for the operator of a [F286taxi] to fail or refuse to accept a booking for a [F286taxi]

(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 [F286taxi] 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 [F286taxi] 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 [F287Department of the Environment] 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 [F287Department of the Environment] shall, in particular, have regard to the physical characteristics of the [F286taxi] which the applicant drives or those of any kind of [F286taxi] in relation to which he requires the certificate.

(7)A certificate of exemption shall be issued—

(a)with respect to a specified [F286taxi] or a specified kind of [F286taxi]; 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 [F286taxi]; and

(b)the prescribed notice is exhibited on the [F286taxi] in the prescribed manner.

(9)In this section—

Extent Information

E78Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. It incorporates the modifications applying to Northern Ireland set out in Sch. 8 para. 21A; see s. 70(6)

Textual Amendments

F284S. 37A inserted (31.12.2003 for certain purposes and otherwise 31.3.2004 as respects private hire vehicles licensed in England and Wales, 1.1.2008 for certain purposes and otherwise 1.6.2008 as respects a private hire vehicle licensed by the Department of the Environment in Northern Ireland) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37), ss. 1(1), 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2

F285Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F286Words in s. 37A substituted (N.I.) (31.5.2016) by Taxis Act (Northern Ireland) 2008 (c. 4) (N.I.)), s. 59, {Sch. 2 para. 5(a)}; S.R. 2015/389, art. 2(3), Sch. Pt. 3

F287Words in s. 37A(5)(6) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 21A of this Act

F291Definition in s. 37A(9) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 21A of this Act

Modifications etc. (not altering text)

C24Ss. 36-38: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

38[F292Appeals][F292Appeal against refusal of exemption certificate]U.K.

[F293(1)Any person who is aggrieved by the refusal of [F294the Department of the Environment] to issue an exemption certificate under [F295section 36, 37 or 37A] may appeal to [F296a magistrates'] court [F297, a court of summary jurisdiction][F298or, in Scotland, the sheriff court] before the end of the period of 28 days beginning with the date of the refusal.

(2)On an appeal to it under [F299subsection (1)][F299this section], the court may direct the [F300Department of the Environment] to issue the appropriate certificate of exemption to have effect for such period as may be specified in the direction.

(3)F301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F302(4)Any person who is aggrieved by the decision of a licensing authority to include a vehicle on a list maintained under section 36A may appeal to a magistrates' court or, in Scotland, the sheriff court before the end of the period of 28 days beginning with the date of the inclusion.

(5)In this section “licensing authority” has the meaning given by section 36A.]]

Extent Information

E79Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only. It incorporates the modifications for Northern Ireland set out in Sch. 8 para. 22; see s. 70(6)

Textual Amendments

F292S. 38: heading "Appeals" substituted (E.W.S.) for "Appeal against refusal of exemption certificate." (26.1.2009) by virtue of Local Transport Act 2008 (c. 26), ss. {56(7)}, 134(2)

F293Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F294Words in s. 38(1) substituted (N.I.) by virtue of Sch. 8 para. 22(1) of this Act

F295Words in s. 38(1) substituted (31.12.2003 for E.W.S for specified purposes, otherwise 31.3.2004 and 1.1.2008 for N.I. for certain purposes, otherwise 1.6.2008 for N.I.) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37), ss. 3, 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2

F296Words "a magistrates'" in s. 38 substituted for "the appropriate" (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 368(2): S.I. 2005/910, art. 3(y)

F297S. 38(1): Words "a court of summary jurisdiction" substituted (N.I.) (31.10.2016) for "the appropriate court" by Justice Act (Northern Ireland) 2015 c. 9 (N.I.), s. 106(2), Sch. 1 para. 104(1)(a) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F298Words in s. 38(1) inserted (E.W.S.) (26.1.2009) by Local Transport Act 2008 (c. 26), ss. {56(4)}, 134(2)

F299S. 38(2): words "subsection (1)" substituted (E.W.S.) for "this section" (26.1.2009) by Local Transport Act 2008 (c. 26), ss. {56(5)}, 134(2)

F300Words in s. 38(2) substituted (N.I.) by virtue of Sch. 8 para. 22(2) of this Act

F301S. 38(3) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 368(3), Sch. 10; S.I. 2005/910, art. 3(y)(aa) and repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 c. 9 (N.I.), s. 106(2), Sch. 1 para. 104(1)(b) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F302S. 38(4)(5) inserted (E.W.S.) (26.1.2009) by Local Transport Act 2008 (c. 26), ss. {56(6)}, 134(2)

Modifications etc. (not altering text)

C26Ss. 36-38: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I16S. 38 wholly in force at 27.1.2009; 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) and in force for S. (27.1.2009) by virtue of s. 70(2A)(c) of this Act (as inserted (E.W.S.) (26.1.2009) by Local Transport Act 2008 (c. 26), ss. {56(9)}, 134)

39 Requirements as to disabled passengers in Scotland.U.K.

F303. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E80In its application to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 para. 23

Textual Amendments

F303Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Public service vehiclesU.K.

40 PSV accessibility regulations.U.K.

[F304(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—

(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.]

Extent Information

E81Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 24

Textual Amendments

F304Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

C27Ss. 40-45: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I17S. 40 fully in force at 21.1.2003; 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; s. 40 in force for N.I. at 21.1.2003 by S.R. 2003/24, art. 2

Marginal Citations

41 Accessibility certificates.U.K.

[F305(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 M3Public Passenger Vehicles Act 1981.]

Extent Information

E82Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 25

Textual Amendments

F305Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

C28Ss. 40-45: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I18S. 41 fully in force at 21.1.2003; 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; s. 41 in force for N.I. at 21.1.2003 by S.R. 2003/24, art. 2

Marginal Citations

42 Approval certificates.U.K.

[F306(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.]

Extent Information

E83Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 26

Textual Amendments

F306Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

C29Ss. 40-45: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I19S. 42 fully in force at 21.1.2003; 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; s. 42 in force for N.I. at 21.1.2003 by S.R. 3003/24, art. 2

43 Special authorisations.U.K.

[F307(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.]

Extent Information

E84Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 27

Textual Amendments

F307Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

C30Ss. 40-45: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I20S. 43 fully in force at 21.1.2003; 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; s. 43 in force for N.I. at 21.1.2003 by S.R. 3003/24, art. 2

44 Reviews and appeals.U.K.

[F308(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.]

Extent Information

E85Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 28

Textual Amendments

F308Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

C31Ss. 40-45: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I21S. 44 fully in force at 21.1.2003; 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; s. 44 in force for N.I. at 21.1.2003 by S.R. 3003/24, art. 2

45 Fees.U.K.

[F309(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.]

Extent Information

E86Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 29

Textual Amendments

F309Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

C32Ss. 40-45: transfer of functions (N.I.) (8.5.2016) from the Department of the Environment to the Department for Infrastructure by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9)

Commencement Information

I22S. 45 fully in force at 21.1.2003; 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; s. 45 in force for N.I. at 21.1.2003 by S.R. 3003/24, art. 2

Rail vehiclesU.K.

46 Rail vehicle accessibility regulations.U.K.

[F310(1)The [F311Department of the Environment] 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)F312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F313(4A)The Department for Regional Development shall exercise the power to make rail vehicle accessibility regulations so as to secure that on and after 1st January 2020 every rail vehicle is a regulated rail vehicle, but this does not affect the powers conferred by subsection (5) or section 47(1) or 67(2).]

(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—

(7)F317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)F318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)F318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)Before making any regulations under subsection (1) or section 47 the [F311Department of the Environment] shall consult [F319such representative organisations as it thinks fit].]

Extent Information

E87Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It incorporates the N.I. modifications set out in Sch. 8 para. 30. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F310Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F311Words in s. 46 substituted (N.I.) by virtue of s. 70(6), Sch. 8 paras. 1, 30(1)

F317S. 46(7) omitted (N.I.) by virtue of s. 70(6), Sch. 8 para. 30(3) of this Act

F319Words in s. 46(11) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 30(4) of this Act

Modifications etc. (not altering text)

C33S. 46: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 6(d), Sch. 4 Pt. IV

47 Exemption from rail vehicle accessibility regulations.U.K.

[F320[F321(1)The Department for Regional Development may by order (an “exemption order”)—

(a)authorise the use for carriage of a regulated rail vehicle even though the vehicle does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform;

(b)authorise a regulated rail vehicle to be used for carriage otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which use of the vehicle is required to conform.

(1A)Authority under subsection (1)(a) or (b) may be for—

(a)any regulated rail vehicle that is specified or is of a specified description; or

(b)use in specified circumstances of—

(i)any regulated rail vehicle, or

(ii)any regulated rail vehicle that is specified or is of a specified description.]

(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 [F322such persons as it ] considers appropriate, the [F323Department of the Environment] may—

(a)make an exemption order in the terms of the application;

(b)make an exemption order in such other terms as [F324it] 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.]

Extent Information

E88Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It incorporates the N.I. modifications set out in Sch. 8 para. 31. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F320Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F322Words in s. 47(3) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 31(2) of this Act

F323Words in s. 47 substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 31(1) of this Act

F324Words in s. 47(3) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 31(2) of this Act

Modifications etc. (not altering text)

C34S. 47: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 6(d), Sch. 4 Pt. IV

Prospective

[F32547ARail vehicle accessibility compliance certificatesE+W+S

[F326(1)A regulated rail vehicle to which this subsection applies shall not be used for carriage unless a rail vehicle accessibility compliance certificate is in force for the vehicle.

(2)Subsection (1) applies to a regulated rail vehicle if the vehicle—

(a)is prescribed; or

(b)is of a prescribed class or description.

(3)A rail vehicle accessibility compliance certificate is a certificate that the Secretary of State is satisfied that the regulated rail vehicle conforms with those provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

(4)A rail vehicle accessibility compliance certificate may provide that it is subject to conditions specified in the certificate.

(5)Subsection (6) applies where—

(a)the Secretary of State refuses an application for the issue of a rail vehicle accessibility compliance certificate for a regulated rail vehicle; 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 47C.

(6)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.]]

Extent Information

E89This section extended to England, Wales and Scotland only; a separate s. 47A exists for Northern Ireland only.

Textual Amendments

F325Ss. 47A-47C inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {7(1)}, 20(3)-(6)

F326Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50547ARail vehicle accessibility compliance certificatesN.I.

(1)A regulated rail vehicle to which this subsection applies shall not be used for carriage unless a rail vehicle accessibility compliance certificate is in force for the vehicle.

(2)Subsection (1) applies to a regulated rail vehicle if the vehicle—

(a)is prescribed; or

(b)is of a prescribed class or description.

(3)A rail vehicle accessibility compliance certificate is a certificate that the Department for Regional Development is satisfied that the regulated rail vehicle conforms with those provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

(4)A rail vehicle accessibility compliance certificate may provide that it is subject to conditions specified in the certificate.

(5)Subsection (6) applies where—

(a)the Department for Regional Development refuses an application for the issue of a rail vehicle accessibility compliance certificate for a regulated rail vehicle; and

(b)before the end of the prescribed period, the applicant asks the Department for Regional Development to review the decision and pays any fee fixed under section 47C.

(6)The Department for Regional Development shall—

(a)review the decision; and

(b)in doing so, consider any representations made to it in writing, before the end of the prescribed period, by the applicant.]

Prospective

[F32547BRail vehicle accessibility compliance certificates: supplementaryE+W+S

[F327(1)Regulations may make provision with respect to rail vehicle accessibility compliance certificates.

(2)The provision that may be made under subsection (1) includes (in particular)—

(a)provision for certificates to be issued on application;

(b)provision specifying conditions to which certificates are subject;

(c)provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force;

(d)provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject;

(e)provision for the withdrawal of certificates issued in error;

(f)provision for the correction of errors in certificates;

(g)provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed;

(h)provision for the examination of a rail vehicle before a certificate is issued in respect of it.

(3)In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—

(a)make provision as to the persons by whom applications may be made;

(b)make provision as to the form in which applications are to be made;

(c)make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment.

(4)For the purposes of this section, a “compliance assessment” is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

(5)In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and may (in particular) require that the assessment be one carried out by a person who has been appointed by the Secretary of State to carry out compliance assessments (an “appointed assessor”).

(6)For the purposes of any provisions in regulations under subsection (1) with respect to the supply of reports of compliance assessments carried out by appointed assessors, regulations under that subsection—

(a)may make provision about appointments of appointed assessors, including (in particular)—

(i)provision for an appointment to be on application or otherwise than on application;

(ii)provision as to who may be appointed;

(iii)provision as to the form of applications for appointment;

(iv)provision as to information to be supplied with applications for appointment;

(v)provision as to terms and conditions, or the period or termination, of an appointment; and

(vi)provision for terms and conditions of an appointment, including any as to its period or termination, to be as agreed by the Secretary of State when making the appointment;

(b)may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its carrying-out of a compliance assessment, including (in particular)—

(i)provision restricting the amount of a fee;

(ii)provision authorising fees that contain a profit element; and

(iii)provision for advance payment of fees;

(c)may make provision requiring an appointed assessor to carry out a compliance assessment, and to do so in accordance with any procedures that may be prescribed, if prescribed conditions, which may include conditions as to the payment of fees to the assessor, are satisfied;

(d)shall make provision for the referral to the Secretary of State of disputes between—

(i)an appointed assessor carrying out a compliance assessment, and

(ii)the person who requested the assessment,

relating to which provisions of rail vehicle accessibility regulations the vehicle is to be assessed against or to what amounts to conformity with any of those provisions.

(7)In subsection (6)(b) to (d) “compliance assessment” includes pre-assessment activities (for example, a consideration of how the outcome of a compliance assessment would be affected by the carrying-out of particular proposed work).]]

Extent Information

E90This section extended to England, Wales and Scotland only; a separate s. 47B exists for Northern Ireland only.

Textual Amendments

F325Ss. 47A-47C inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {7(1)}, 20(3)-(6)

F327Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50547BRail vehicle accessibility compliance certificates: supplementaryN.I.

(1)Regulations may make provision with respect to rail vehicle accessibility compliance certificates.

(2)The provision that may be made under subsection (1) includes (in particular)—

(a)provision for certificates to be issued on application;

(b)provision specifying conditions to which certificates are subject;

(c)provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force;

(d)provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject;

(e)provision for the withdrawal of certificates issued in error;

(f)provision for the correction of errors in certificates;

(g)provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed;

(h)provision for the examination of a rail vehicle before a certificate is issued in respect of it.

(3)In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—

(a)make provision as to the persons by whom applications may be made;

(b)make provision as to the form in which applications are to be made;

(c)make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment.

(4)For the purposes of this section, a compliance assessment is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.

(5)In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and may (in particular) require that the assessment be one carried out by a person who has been appointed by the Department for Regional Development to carry out compliance assessments (an “appointed assessor”).

(6)For the purposes of any provisions in regulations under subsection (1) with respect to the supply of reports of compliance assessments carried out by appointed assessors, regulations under that subsection—

(a)may make provision about appointments of appointed assessors, including (in particular)—

(i)provision for an appointment to be on application or otherwise than on application;

(ii)provision as to who may be appointed;

(iii)provision as to the form of applications for appointment;

(iv)provision as to information to be supplied with applications for appointment;

(v)provision as to terms and conditions, or the period or termination, of an appointment; and

(vi)provision for terms and conditions of an appointment, including any as to its period or termination, to be as agreed by the Department for Regional Development when making the appointment;

(b)may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its carrying-out of a compliance assessment, including (in particular)—

(i)provision restricting the amount of a fee;

(ii)provision authorising fees that contain a profit element; and

(iii)provision for advance payment of fees;

(c)may make provision requiring an appointed assessor to carry out a compliance assessment, and to do so in accordance with any procedures that may be prescribed, if prescribed conditions, which may include conditions as to the payment of fees to the assessor, are satisfied;

(d)shall make provision for the referral to the Department for Regional Development of disputes between—

(i)an appointed assessor carrying out a compliance assessment, and

(ii)the person who requested the assessment,

relating to which provisions of rail vehicle accessibility regulations the vehicle is to be assessed against or to what amounts to conformity with any of those provisions.

(7)In subsection (6)(b) to (d) “compliance assessment” includes pre-assessment activities (for example, a consideration of how the outcome of a compliance assessment would be affected by the carrying-out of particular proposed work).]

Prospective

[F32547CRail vehicle accessibility compliance certificates: feesE+W+S

[F328(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 the issue of, rail vehicle accessibility compliance certificates;

(b)copies of such certificates;

(c)reviews under section 47A;

(d)referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1).

(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.]]

Extent Information

E91This section extended to England, Wales and Scotland only; a separate s. 47C exists for Northern Ireland only.

Textual Amendments

F325Ss. 47A-47C inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {7(1)}, 20(3)-(6)

F328Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50547CRail vehicle accessibility compliance certificates: feesN.I.

(1)Such fees, payable at such times, as may be prescribed may be charged by the Department for Regional Development in respect of—

(a)applications for, and the issue of, rail vehicle accessibility compliance certificates;

(b)copies of such certificates;

(c)reviews under section 47A;

(d)referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1).

(2)Any such fees received by the Department for Regional Development shall be paid by it 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 Department for Regional Development shall consult such representative organisations as it thinks fit.]

Prospective

[F32947DPenalty for using rail vehicle without accessibility compliance certificateE+W+S

[F330If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Secretary of State may require the operator of the vehicle to pay a penalty.]]

Extent Information

E92This section extended to England, Wales and Scotland only; a separate s. 47D exists for Northern Ireland only.

Textual Amendments

F329Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F330Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50647DPenalty for using rail vehicle without accessibility compliance certificateN.I.

If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Department for Regional Development may require the operator of the vehicle to pay a penalty.]

Prospective

[F32947EPenalty for using rail vehicle that does not conform with accessibility regulationsE+W+S

[F331(1)Where it appears to the Secretary of State that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—

(a)identifying the vehicle, the provision and how the vehicle fails to conform with the provision; and

(b)specifying the improvement deadline.

(2)The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(3)Subsection (4) applies where—

(a)the Secretary of State has given a notice under subsection (1);

(b)the improvement deadline specified in the notice has passed; and

(c)it appears to the Secretary of State that the vehicle still does not conform with the provision identified in the notice.

(4)The Secretary of State may give to the operator a further notice—

(a)identifying the vehicle, the provision and how the vehicle fails to conform to the provision; and

(b)specifying the final deadline.

(5)The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(6)If—

(a)the Secretary of State has given a notice under subsection (4) to the operator of a regulated rail vehicle, and

(b)the vehicle is used for carriage at a time after the final deadline when the vehicle does not conform with the provision identified in the notice,

the Secretary of State may require the operator to pay a penalty.]]

Extent Information

E93This section extended to England, Wales and Scotland only; a separate s. 47E exists for Northern Ireland only.

Textual Amendments

F329Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F331Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50647EPenalty for using rail vehicle that does not conform with accessibility regulationsN.I.

(1)Where it appears to the Department for Regional Development that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, that Department may give to the operator of the vehicle a notice—

(a)identifying the vehicle, the provision and how the vehicle fails to conform with the provision; and

(b)specifying the improvement deadline.

(2)The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(3)Subsection (4) applies where—

(a)the Department for Regional Development has given a notice under subsection (1);

(b)the improvement deadline specified in the notice has passed; and

(c)it appears to the Department for Regional Development that the vehicle still does not conform with the provision identified in the notice.

(4)The Department for Regional Development may give to the operator a further notice—

(a)identifying the vehicle, the provision and how the vehicle fails to conform to the provision; and

(b)specifying the final deadline.

(5)The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(6)If—

(a)the Department for Regional Development has given a notice under subsection (4) to the operator of a regulated rail vehicle, and

(b)the vehicle is used for carriage at a time after the final deadline when the vehicle does not conform with the provision identified in the notice,

the Department for Regional Development may require the operator to pay a penalty.]

Prospective

[F32947FPenalty for using rail vehicle otherwise than in conformity with accessibility regulationsE+W+S

[F332(1)Where it appears to the Secretary of State that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which use of the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—

(a)identifying the provision and how it was breached;

(b)identifying which of the regulated rail vehicles operated by the operator is or are covered by the notice; and

(c)specifying the improvement deadline.

(2)The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(3)Subsection (4) applies where—

(a)the Secretary of State has given a notice under subsection (1);

(b)the improvement deadline specified in the notice has passed; and

(c)it appears to the Secretary of State that a vehicle covered by the notice has after that deadline been used for carriage otherwise than in conformity with the provision identified in the notice.

(4)The Secretary of State may give to the operator a further notice—

(a)identifying the provision and how it was breached;

(b)identifying which of the regulated rail vehicles covered by the notice under subsection (1) is or are covered by the further notice; and

(c)specifying the final deadline.

(5)The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(6)If—

(a)the Secretary of State has given a notice under subsection (4), and

(b)a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice,

the Secretary of State may require the operator of the vehicle to pay a penalty.

(7)For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.]]

Extent Information

E94This section extended to England, Wales and Scotland only; a separate s. 47F exists for Northern Ireland only.

Textual Amendments

F329Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F332Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50647FPenalty for using rail vehicle otherwise than in conformity with accessibility regulationsN.I.

(1)Where it appears to the Department for Regional Development that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which use of the vehicle is required to conform, that Department may give to the operator of the vehicle a notice—

(a)identifying the provision and how it was breached;

(b)identifying which of the regulated rail vehicles operated by the operator is or are covered by the notice; and

(c)specifying the improvement deadline.

(2)The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(3)Subsection (4) applies where—

(a)the Department for Regional Development has given a notice under subsection (1);

(b)the improvement deadline specified in the notice has passed; and

(c)it appears to that Department that a vehicle covered by the notice has after that deadline been used for carriage otherwise than in conformity with the provision identified in the notice.

(4)The Department for Regional Development may give to the operator a further notice—

(a)identifying the provision and how it was breached;

(b)identifying which of the regulated rail vehicles covered by the notice under subsection (1) is or are covered by the further notice; and

(c)specifying the final deadline.

(5)The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.

(6)If—

(a)the Department for Regional Development has given a notice under subsection (4), and

(b)a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice,

that Department may require the operator of the vehicle to pay a penalty.

(7)For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.]

Prospective

[F32947GSections 47E and 47F: inspection of rail vehiclesE+W+S

[F333(1)Where the Secretary of State has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by the Secretary of State—

(a)may inspect the vehicle for conformity with the provisions;

(b)for the purpose of exercising his power under paragraph (a)—

(i)may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and

(ii)may enter the vehicle; and

(c)for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised.

(2)Where the Secretary of State has given a notice under section 47E(1) or (4), a person authorised by the Secretary of State—

(a)may inspect the vehicle concerned for conformity with the provision specified in the notice;

(b)for the purpose of exercising his power under paragraph (a)—

(i)may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and

(ii)may enter the vehicle; and

(c)for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised.

(3)A person exercising power under subsection (1) or (2) shall, if required to do so, produce evidence of his authority to exercise the power.

(4)Where a person obstructs the exercise of power under subsection (1), the Secretary of State may, for purposes of section 47E(1) or 47F(1), draw such inferences from the obstruction as appear proper.

(5)Where—

(a)a person obstructs the exercise of power under subsection (2), and

(b)the obstruction occurs before a notice under section 47E(4) is given in respect of the vehicle concerned,

the Secretary of State may treat section 47E(3)(c) as satisfied in the case concerned.

(6)Where a person obstructs the exercise of power under subsection (2) and the obstruction occurs—

(a)after a notice under section 47E(4) has been given in respect of the vehicle concerned, and

(b)as a result of the operator, or a person who acts on his behalf, behaving in a particular way with the intention of obstructing the exercise of the power,

the Secretary of State may require the operator of the vehicle to pay a penalty.

(7)In this section “inspect” includes test.]]

Extent Information

E95This section extended to England, Wales and Scotland only; a separate s. 47G exists for Northern Ireland only.

Textual Amendments

F329Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F333Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50647GSections 47E and 47F: inspection of rail vehiclesN.I.

(1)Where the Department for Regional Development has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by that Department—

(a)may inspect the vehicle for conformity with the provisions;

(b)for the purpose of exercising his power under paragraph (a)—

(i)may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and

(ii)may enter the vehicle; and

(c)for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person's control as are necessary to enable the power to be exercised.

(2)Where the Department for Regional Development has given a notice under section 47E(1) or (4), a person authorised by that Department—

(a)may inspect the vehicle concerned for conformity with the provision specified in the notice;

(b)for the purpose of exercising his power under paragraph (a)—

(i)may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and

(ii)may enter the vehicle; and

(c)for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person's control as are necessary to enable the power to be exercised.

(3)A person exercising power under subsection (1) or (2) shall, if required to do so, produce evidence of his authority to exercise the power.

(4)Where a person obstructs the exercise of power under subsection (1), the Department for Regional Development may, for purposes of section 47E(1) or 47F(1), draw such inferences from the obstruction as appear proper.

(5)Where a person—

(a)obstructs the exercise of power under subsection (2), and

(b)the obstruction occurs before a notice under section 47E(4) is given in respect of the vehicle concerned,

the Department for Regional Development may treat section 47E(3)(c) as satisfied in the case concerned.

(6)Where a person obstructs the exercise of power under subsection (2) and the obstruction occurs—

(a)after a notice under section 47E(4) has been given in respect of the vehicle concerned, and

(b)as a result of the operator, or a person who acts on his behalf, behaving in a particular way with the intention of obstructing the exercise of the power,

the Department for Regional Development may require the operator of the vehicle to pay a penalty.

(7)In this section “inspect” includes test.]

Prospective

[F32947HSections 47E and 47F: supplementary powersE+W+S

[F334(1)For the purposes of section 47E, the Secretary of State may give notice to a person requiring the person to supply the Secretary of State, by a time specified in the notice, with a vehicle number or other identifier for a rail vehicle—

(a)of which that person is the operator; and

(b)which is described in the notice.

(2)The time specified in a notice given to a person under subsection (1) may not be earlier than the end of 14 days beginning with the day when the notice is given to the person.

(3)If a person to whom a notice is given under subsection (1) does not comply with the notice by the time specified in the notice, the Secretary of State may require the person to pay a penalty.

(4)Where the Secretary of State has given a notice to a person under section 47E(1) or (4) or 47F(1) or (4), the Secretary of State may request that person to supply the Secretary of State, by a time specified in the request, with a statement detailing the steps taken in response to the notice.

(5)The time specified in a request under subsection (4) must—

(a)if the request relates to a notice under section 47E(1) or 47F(1), be no earlier than the improvement deadline; and

(b)if the request relates to a notice under section 47E(4) or 47F(4), be no earlier than the final deadline.

(6)Where a request under subsection (4)—

(a)relates to a notice under section 47E(1) or 47F(1), and

(b)is not complied with by the time specified in the request,

the Secretary of State may treat section 47E(3)(c) or (as the case may be) section 47F(3)(c) as being satisfied in the case concerned.]]

Extent Information

E96This section extended to England, Wales and Scotland only; a separate s. 47H exists for Northern Ireland only.

Textual Amendments

F329Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F334Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50647HSections 47E and 47F: supplementary powersN.I.

(1)For the purposes of section 47E, the Department for Regional Development may give notice to a person requiring the person to supply the Department for Regional Development, by a time specified in the notice, with a vehicle number or other identifier for a rail vehicle—

(a)of which that person is the operator; and

(b)which is described in the notice.

(2)The time specified in a notice given to a person under subsection (1) may not be earlier than the end of 14 days beginning with the day when the notice is given to the person.

(3)If a person to whom a notice is given under subsection (1) does not comply with the notice by the time specified in the notice, the Department for Regional Development may require the person to pay a penalty.

(4)Where the Department for Regional Development has given a notice to a person under section 47E(1) or (4) or 47F(1) or (4), that Department may request that person to supply that Department, by a time specified in the request, with a statement detailing the steps taken in response to the notice.

(5)The time specified in a request under subsection (4) must—

(a)if the request relates to a notice under section 47E(1) or 47F(1), be no earlier than the improvement deadline; and

(b)if the request relates to a notice under section 47E(4) or 47F(4), be no earlier than the final deadline.

(6)Where a request under subsection (4)—

(a)relates to a notice under section 47E(1) or 47F(1), and

(b)is not complied with by the time specified in the request,

the Department for Regional Development may treat section 47E(3)(c) or (as the case may be) section 47F(3)(c) as being satisfied in the case concerned.]

Prospective

[F32947JPenalties under sections 47D to 47H: amount, due date and recoveryE+W+S

[F335(1)In this section “penalty” means a penalty under any of sections 47D to 47H.

(2)The amount of a penalty—

(a)must not exceed the maximum prescribed for the purposes of this subsection; and

(b)must not exceed 10 per cent of the turnover of the person on whom it is imposed.

(3)For the purposes of subsection (2)(b), a person’s turnover shall be determined in accordance with regulations.

(4)A penalty must be paid to the Secretary of State before the end of the prescribed period.

(5)Any sum payable to the Secretary of State as a penalty may be recovered by the Secretary of State as a debt due to him.

(6)In proceedings under subsection (5) for enforcement of a penalty, no question may be raised as to—

(a)liability to the imposition of the penalty; or

(b)its amount.

(7)Any sum paid to the Secretary of State as a penalty shall be paid by him into the Consolidated Fund.

(8)The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty.

(9)The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.

(10)Before issuing the first or a revised version of the code, the Secretary of State shall lay a draft of that version before Parliament.

(11)After laying the draft of a version of the code before Parliament, the Secretary of State may bring that version of the code into operation by order.

(12)The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—

(a)when imposing a penalty; and

(b)when considering under section 47K(6) a notice of objection under section 47K(4).]]

Extent Information

E97This section extended to England, Wales and Scotland only; a separate s. 47J exists for Northern Ireland only.

Textual Amendments

F329Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F335Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50647JPenalties under sections 47D to 47H: amount, due date and recoveryN.I.

(1)In this section “penalty” means a penalty under any of sections 47D to 47H.

(2)The amount of a penalty—

(a)must not exceed the maximum prescribed for the purposes of this subsection; and

(b)must not exceed 10 per cent of the turnover of the person on whom it is imposed.

(3)For the purposes of subsection (2)(b), a person's turnover shall be determined in accordance with regulations.

(4)A penalty must be paid to the Department for Regional Development before the end of the prescribed period.

(5)Any sum payable to the Department for Regional Development as a penalty may be recovered by that Department as a debt due to it.

(6)In proceedings under subsection (5) for enforcement of a penalty, no question may be raised as to—

(a)liability to the imposition of the penalty; or

(b)its amount.

(7)Any sum paid to the Department for Regional Development as a penalty shall be paid by it into the Consolidated Fund.

(8)The Department for Regional Development shall issue a code of practice specifying matters to be considered in determining the amount of a penalty.

(9)The Department for Regional Development may from time to time revise the whole or any part of the code and issue the code as revised.

(10)Before issuing the first or a revised version of the code, the Department for Regional Development shall lay a draft of that version before the Assembly.

(11)After laying the draft of a version of the code before the Assembly, the Department for Regional Development may bring that version of the code into operation by order.

(12)The Department for Regional Development shall have regard to the code (in addition to any other matters it thinks relevant)—

(a)when imposing a penalty; and

(b)when considering under section 47K(6) a notice of objection under section 47K(4).]

Prospective

[F32947KPenalties under sections 47D to 47H: procedureE+W+S

[F336(1)In this section “penalty” means a penalty under any of sections 47D to 47H.

(2)If the Secretary of State decides that a person is liable to a penalty, the Secretary of State must notify the person of the decision.

(3)A notification under subsection (2) must—

(a)state the Secretary of State’s reasons for deciding that the person is liable to the penalty;

(b)state the amount of the penalty;

(c)specify the date before which, and the manner in which, the penalty must be paid; and

(d)include an explanation of the steps that the person may take if he objects to the penalty.

(4)Where a person to whom a notification under subsection (2) is issued objects on the ground that—

(a)he is not liable to the imposition of a penalty, or

(b)the amount of the penalty is too high,

the person may give a notice of objection to the Secretary of State.

(5)A notice of objection must—

(a)be in writing;

(b)give the objector’s reasons; and

(c)be given before the end of the prescribed period.

(6)Where the Secretary of State receives a notice of objection to a penalty in accordance with this section, he shall consider it and—

(a)cancel the penalty;

(b)reduce the penalty; or

(c)determine to do neither of those things.

(7)Where the Secretary of State considers under subsection (6) a notice of objection under subsection (4), he shall—

(a)inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector; and

(b)if he reduces the penalty, notify the objector of the reduced amount.]]

Extent Information

E98This section extended to England, Wales and Scotland only; a separate s. 47K exists for Northern Ireland only.

Textual Amendments

F329Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F336Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50647KPenalties under sections 47D to 47H: procedureN.I.

(1)In this section “penalty” means a penalty under any of sections 47D to 47H.

(2)If the Department for Regional Development decides that a person is liable to a penalty, that Department must notify the person of the decision.

(3)A notification under subsection (2) must—

(a)state that Department's reasons for deciding that the person is liable to the penalty;

(b)state the amount of the penalty;

(c)specify the date before which, and the manner in which, the penalty must be paid; and

(d)include an explanation of the steps that the person may take if he objects to the penalty.

(4)Where a person to whom a notification under subsection (2) is issued objects on the ground that—

(a)he is not liable to the imposition of a penalty, or

(b)the amount of the penalty is too high,

the person may give a notice of objection to the Department for Regional Development.

(5)A notice of objection must—

(a)be in writing;

(b)give the objector's reasons; and

(c)be given before the end of the prescribed period.

(6)Where the Department for Regional Development receives a notice of objection to a penalty in accordance with this section, that Department shall consider it and—

(a)cancel the penalty;

(b)reduce the penalty; or

(c)determine to do neither of those things.

(7)Where the Department for Regional Development considers under subsection (6) a notice of objection under subsection (4), it shall—

(a)inform the objector of its decision before the end of the prescribed period or such longer period as it may agree with the objector; and

(b)if it reduces the penalty, notify the objector of the reduced amount.]

Prospective

[F32947LPenalties under sections 47D to 47H: appealsE+W+S

[F337(1)A person may appeal to the court against a penalty imposed on him under any of sections 47D to 47H on the ground that—

(a)he is not liable to the imposition of a penalty; or

(b)the amount of the penalty is too high.

(2)On an appeal under this section, the court may—

(a)allow the appeal and cancel the penalty;

(b)allow the appeal and reduce the penalty; or

(c)dismiss the appeal.

(3)An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty, and shall be determined having regard to—

(a)any code of practice under section 47J which has effect at the time of the appeal; and

(b)any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

(4)An appeal may be brought by a person under this section against a penalty whether or not—

(a)he has given notice of objection under section 47K(4); or

(b)the penalty has been reduced under section 47K(6).

(5)A reference in this section to “the court” is a reference—

(a)in England and Wales, to a county court; and

(b)in Scotland, to the sheriff.

(6)The sheriff may transfer proceedings under this section to the Court of Session.

(7)Where the sheriff has made a determination under subsection (2), any party to the proceedings may appeal on a point of law, either to the Sheriff Principal or to the Court of Session, against that determination.]]

Extent Information

E99This section extended to England, Wales and Scotland only; a separate s. 47L exists for Northern Ireland only.

Textual Amendments

F329Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F337Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50647LPenalties under sections 47D to 47H: appealsN.I.

(1)A person may appeal to the county court against a penalty imposed on him under any of sections 47D to 47H on the ground that—

(a)he is not liable to the imposition of a penalty; or

(b)the amount of the penalty is too high.

(2)On an appeal under this section, the county court may—

(a)allow the appeal and cancel the penalty;

(b)allow the appeal and reduce the penalty; or

(c)dismiss the appeal.

(3)An appeal under this section shall be a re-hearing of the decision of the Department for Regional Development to impose a penalty, and shall be determined having regard to—

(a)any code of practice under section 47J which has effect at the time of the appeal; and

(b)any other matters which the county court thinks relevant (which may include matters of which the Department for Regional Development was unaware).

(4)An appeal may be brought by a person under this section against a penalty whether or not—

(a)he has given notice of objection under section 47K(4); or

(b)the penalty has been reduced under section 47K(6).]

Prospective

[F32947MSections 46 to 47H: interpretationE+W+S

[F338(1)In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle.

(2)For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.

(3)Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle’s case, include that provision.]]

Extent Information

E100This section extended to England, Wales and Scotland only; a separate s. 47M exists for Northern Ireland only.

Textual Amendments

F329Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F338Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F50647MSections 46 to 47H: interpretationN.I.

(1)In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle.

(2)For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.

(3)Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle's case, include that provision.]

SupplementalU.K.

48 Offences by bodies corporate etc.U.K.

[F339(1)Where an offence under section 40 [F340or 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)F341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E101Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only. It incorporates the modifications for N.I. set out in Sch. 8 para. 32; see s. 70(6)

Textual Amendments

F339Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F340Words in s. 48(1) repealed (E.W.S.) (22.2.2010 for certain purposes, otherwise 6.4.2010) by Disability Discrimination Act 2005 (c. 13), ss. 19(2), 20(3)-(6), Sch. 2; S.I. 2010/341, art. 2(1)(c)(2)(c)

F341S. 48(3) omitted (N.I.) by virtue of Sch. 8 para. 32 of this Act, see s. 70(6)

Commencement Information

I23S. 48 fully in force at 21.1.2003; 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; s. 48 in force (N.I.) at 21.1.2003 to the extent not previously in force by S.R. 2003/24, art. 2

49 Forgery and false statements.U.K.

[F342(1)In this section “relevant document” means—

(a)a certificate of exemption issued under section [F343section 36, 37 or 37A];

(b)a notice of a kind mentioned in [F344section 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.]

Extent Information

E102Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F342Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F343Words in s. 49(1)(a) substituted (31.12.2003 for certain purposes and otherwise 31.3.2004 as respects private hire vehicles licensed in England and Wales, 1.1.2008 for certain purposes and otherwise 1.6.2008 as respects a private hire vehicle licensed by the Department of the Environment in Northern Ireland) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37), ss. 4(2), 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2

F344Words in s. 49(1)(b) substituted (31.12.2003 for certain purposes and otherwise 31.3.2004 as respects private hire vehicles licensed in England and Wales, 1.1.2008 for certain purposes and otherwise 1.6.2008 as respects a private hire vehicle licensed by the Department of the Environment in Northern Ireland) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37),, ss. 4(3), 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2

Commencement Information

I24S. 49 not in force at Royal Assent see s. 70(2)(3); s. 49 in force for E.W.S. for certain purposes at 6.4.2005 by S.I. 2005/1122, art. 2; s. 49 in force for N.I. for certain purposes at 3.6.2008 by S.R. 2008/236, art. 2

F345[F346Part 5A U.K.Public authorities

Textual Amendments

F346Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 3, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I. 2005/2774, arts. 3(b), 4(a) [Editorial note: The E.W.S versions of ss. 49C-49F were inserted along with the Part heading "Pt. 5A Public authorities" and should appear under that heading]

[F34649AGeneral dutyE+W+S

F347. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E103This section extended to England, Wales and Scotland only; a separate s. 49A exists for Northern Ireland only.

Textual Amendments

F347Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F34549AGeneral dutyN.I.

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

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

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

(2)Subsection (1) does not apply to—

(a)the functions of the Director of Public Prosecutions for Northern Ireland relating to the prosecution of offences; or

(b)any act of a description prescribed by regulations.

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

(4)The Commission shall—

(a)keep under review the effectiveness of the duty imposed by this section;

(b)offer advice to public authorities and others in connection with that duty.

(5)Not later than 3 years after the appointed day, the Commission shall prepare and publish a report on the effectiveness of the duty imposed by this section.

(6)In this section—

[F34649BMeaning of “public authority” in Part 5AE+W+S

F348. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E104This section extended to England, Wales and Scotland only; a separate s. 49B exists for Northern Ireland only.

Textual Amendments

F348Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F34549BPlan as to duty under section 49AN.I.

(1)A public authority to which this subsection applies shall prepare and submit to the Commission a plan showing how the public authority proposes to fulfil the duty imposed by section 49A in relation to the relevant functions.

(2)Any other public authority shall prepare and submit to the Commission such a plan if requested to do so by the Commission.

(3)A public authority—

(a)may at any time revise its plan and submit the revised plan to the Commission;

(b)shall, if requested to do so by the Commission, revise its plan and submit the revised plan to the Commission.

(4)A plan (or revised plan) shall—

(a)conform to any guidelines as to form or content which are issued by the Commission with the approval of the Office;

(b)specify a timetable for measures proposed in the plan;

(c)include details of how it will be published.

(5)Subsection (1) applies to any public authority except one which is notified in writing by the Commission that that subsection does not apply to it.

(6)If a public authority—

(a)fails to submit a plan under subsection (1) before the end of the period of 6 months beginning with the appointed day or, if later, the establishment of the authority,

(b)fails to submit a plan under subsection (2) before the end of the period of 6 months beginning with the date of the request under that subsection,

(c)fails to submit a revised plan under subsection (3)(b) before the end of the period of 3 months beginning with the date of the request under that paragraph, or

(d)submits to the Commission under paragraph (3)(a) or (b) a revised plan which in the opinion of the Commission fails to comply with subsection (4),

the Commission shall lay before the Assembly a report of that failure containing such comments and other material as appear to the Commission to be appropriate to bring to the attention of the Assembly.

(7)A public authority—

(a)shall review its current plan under this section—

(i)in the case of an authority in relation to which there is a scheme under Schedule 9 to the Northern Ireland Act 1998, at the same time as the authority reviews its current scheme under paragraph 8(3) of that Schedule;

(ii)in the case of any other authority, at such times as the Commission may request; and

(b)inform the Commission of the outcome of the review.

(8)In this section—

F349[F350Part 5B U.K.Improvements to dwelling houses

Textual Amendments

F350Pt. 5B (ss. 49G, 49H) inserted (E.W.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 16(1), 20(3)-(6), S.I 2005/2774, {art. 4(d)}

[F34649CExceptions from section 49A(1)E+W+S

F351. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E105This section extended to England, Wales and Scotland only; a separate s. 49C exists for Northern Ireland only.

Textual Amendments

F346Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 3, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I. 2005/2774, arts. 3(b), 4(a) [Editorial note: The E.W.S versions of ss. 49C-49F were inserted along with the Part heading "Pt. 5A Public authorities" and should appear under that heading]

F351Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F34949CImprovements to let dwelling housesN.I.

(1)This section applies in relation to a lease of a dwelling house if—

(a)the tenancy is not a secure tenancy or a regulated tenancy;

(b)the tenant or any other person who lawfully occupies or is intended lawfully to occupy the premises is a disabled person;

(c)the person mentioned in paragraph (b) occupies or is intended to occupy the premises as his only or principal home;

(d)the tenant is entitled under the lease to make improvements to the premises with the consent of the landlord; and

(e)the tenant applies to the landlord for his consent to make a relevant improvement.

(2)If the consent of the landlord is unreasonably withheld it must be taken to have been given.

(3)Where the tenant applies in writing for the consent—

(a)if the landlord refuses to give consent, he must give the tenant a written statement of the reason why the consent was withheld;

(b)if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been withheld.

(4)If the landlord gives consent to the making of an improvement subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.

(5)In any question as to whether—

(a)the consent of the landlord was unreasonably withheld, or

(b)a condition imposed by the landlord is unreasonable,

it is for the landlord to show that it was not.

(6)If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of his tenancy.

(7)An improvement to premises is a relevant improvement if, having regard to the disability which the disabled person mentioned in subsection (1)(b) has, it is likely to facilitate his enjoyment of the premises.

(8)Subsections (2) to (6) apply to a lease only to the extent that provision of a like nature is not made by the lease.

(9)In this section—

[F34649DPower to impose specific dutiesE+W+S

F352. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E106This section extended to England, Wales and Scotland only; a separate s. 49D exists for Northern Ireland only.

Textual Amendments

F346Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 3, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I. 2005/2774, arts. 3(b), 4(a) [Editorial note: The E.W.S versions of ss. 49C-49F were inserted along with the Part heading "Pt. 5A Public authorities" and should appear under that heading]

F352Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F34949DConciliation of disputesN.I.

(1)The Equality Commission for Northern Ireland may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to a dispute of any description concerning the question whether it is unreasonable for a landlord to withhold consent to the making of a relevant improvement to a dwelling house.

(2)Subsections (2) to (8) of section 28 apply for the purposes of this section as they apply for the purposes of that section and for that purpose a reference in that section to—

(a)a dispute arising under Part III must be construed as a reference to a dispute mentioned in subsection (1);

(b)arrangements under that section must be construed as a reference to arrangements under this section.

(3)Relevant improvement” has the same meaning as in section 49C.]

49EDuties under section 49D: compliance noticesE+W+S

F353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F346Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 3, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I. 2005/2774, arts. 3(b), 4(a) [Editorial note: The E.W.S versions of ss. 49C-49F were inserted along with the Part heading "Pt. 5A Public authorities" and should appear under that heading]

49FEnforcement of compliance noticesE+W+S

F354. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F346Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 3, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I. 2005/2774, arts. 3(b), 4(a) [Editorial note: The E.W.S versions of ss. 49C-49F were inserted along with the Part heading "Pt. 5A Public authorities" and should appear under that heading]

49GImprovements to let dwelling housesE+W

F355. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F355Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

49HConciliation of disputesE+W

F356. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F35749IConciliation of disputes: rented housing in ScotlandE+W+S

F358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F357S. 49I inserted (E.W.S.) (4.12.2006) by Equality Act 2006 (c. 3), ss. 43(1), 93 (with s. 92); S.I. 2006/1082, art. 3

Part VIU.K. The National Disability Council

F359F36050. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F359S. 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

F360S. 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

[F36151 Codes of practice prepared by the Council.U.K.

[F362F361(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F361(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, [F363or 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 [F364a Northern Ireland department] under this section and includes a code which has been altered and re-issued.]]

Extent Information

E107This section now extends to N.I. only. Prior to the repeal of this Act for E.W.S. by the Equality Act 2010, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the 2010 repeal. It incorporates the N.I. modifications set out in Sch. 8 para. 34. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F361S. 51 repealed (N.I.) (25.4.2000 in relation to s. 51(1)(2) and otherwise prosp.) 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

F362Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F363Words in s. 51(4) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 34(3) of this Act

F364Words in s. 51(6) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 34(4) of this Act

Commencement Information

I25S. 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

F36552 Further provision about codes issued under section 51.U.K.

F366. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E108In its application to Northern Ireland, this section has effect as substituted by Sch. 8 para. 35 of this Act; see s. 70(6)

Textual Amendments

F365S. 52 (as substituted by Sch. 8 para. 35 of this Act) 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), otherwise prosp.) 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

F366S. 52 repealed (E.W.S.) (25.4.2000 in relation to s. 52(1)-(10)(12), otherwise 4.12.2006) by Disability Rights Commission Act 1999 (c. 17), ss. 14(2), 16(2), Sch. 5 (with ss. 9(2), 15); S.I. 2000/880, art. 2, {Sch. 2 Appendix}; S.I. 2006/3189, art. 2

Commencement Information

I26S. 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 VIIU.K. Supplemental

53A Codes of practice.E+W+S

F367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F36854A Codes of practice.N.I.

[F369(1)The Commission may prepare and issue codes of practice giving practical guidance on how to avoid acts which are unlawful under Part II or III of this Act or Part III of the 2005 Order, or on any other matter relating to the operation of any provision of Part II or III of this Act or Part III of the 2005 Order, to—

(a)employers;

(b)service providers;

[F370(ba)public authorities within the meaning given by section 21B;

(bb)associations to which section 21F applies;]

(c)bodies which are responsible bodies for the purposes of Chapter I or II of Part III of the 2005 Order; or

(d)other persons to whom the provisions of Part II or III of this Act or Part III of the 2005 Order 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 II or III of this Act or Part III of the 2005 Order.

(1B)Neither subsection (1) nor (1A) applies in relation to any duty imposed by or under Article 17 or 18 of the 2005 Order.]

[F371(1C)The Commission may prepare and issue codes of practice giving practical guidance to persons subject to duties under section 49A on how to perform those duties.]

[F372(1D)The Commission may prepare and issue codes of practice giving practical guidance to landlords and tenants as to—

(a)circumstances in which a tenant requires the consent of his landlord for making a relevant improvement to a dwelling house;

(b)circumstances in which it is unreasonable to withhold such consent;

(c)the application of the improvement provisions in relation to relevant improvements to dwelling houses.

(1E)In subsection (1D) the improvement provisions are—

(a)Article 42(e) of the Rent (Northern Ireland) Order 1978 (NI 20);

(b)Article 34 of the Housing (Northern Ireland) Order 1983 (NI 15);

(c)Article 49C.]

(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 [F373, III or VA , or any proceedings relating to a relevant improvement, ][F374or Part III of the 2005 Order] shall be taken into account in determining that question.

(9)In this section—

[F377(10)Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—

(a)any matter relating to the operation of any provision of Chapter I or III of Part III of the 2005 Order; or

(b)any field of activity regulated by any such provision,

any reference in this section to the Office shall be read as a reference to the Department of Education.

(11)Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—

(a)any matter relating to the operation of any provision of Chapter II of Part III of the 2005 Order; or

(b)any field of activity regulated by any such provision,

any reference in this section to the Office shall be read as a reference to the [F378Department for the Economy].

(12)Practical guidance which but for this subsection would fall to be contained in separate codes of practice by virtue of subsections (10) and (11) may be contained in a single code of practice; and in relation to any such code of practice any reference in this section to the Office shall be read as a reference to the Department of Education and the [F378Department for the Economy], acting jointly.]]

Subordinate Legislation Made

P1S. 54A(6)(a): exercise of power - 30.1.2006 appointed by {S.R. 2006/16}, art. 2; {S.R. 2006/17}, art. 2

Textual Amendments

F368S. 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.

F371S. 54A(1C) inserted (3.7.2006) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 22(3)}; S.R. 2006/289, art. 2(1)(b)

F375S. 54A(9): definition of "discrimination" omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 20(b)

F378Words in s. 54A(11)(12) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) (S.R. 2016/76), art. 1(2), Sch. 6 para. 46 (with art. 9)

Modifications etc. (not altering text)

C35S. 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.

F37953 Codes of practice prepared by the Secretary of State.U.K.

[F380F379(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F379(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F379(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, [F381or a county 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 [F382Department of Economic Development] under this section and includes a code which has been revised and re-issued.

F379(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F379(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E109This section now extends to N.I. only. Prior to the repeal of this Act for E.W.S. by the Equality Act 2010, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the 2010 repeal. It incorporates the N.I. modifications set out in Sch. 8 para. 36(1)(3). It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F379S. 53 repealed (N.I.) (25.4.2000 in relation to s. 53(1)-(3)(8)(9) and otherwise prosp.) 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

F380Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F381Words in s. 53(5) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 36 of this Act

F382Words in s. 53(7) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 36(1) of this Act

Commencement Information

I27S. 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

[F383F38454 Further provision about codes issued under section 53.U.K.

F383(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F383(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F383(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F383(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F383(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F383(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F383(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F383(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F383(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E110In its application to Northern Ireland, this section has effect as substituted by Sch. 8 para. 37 of this Act; see s. 70(6)

Textual Amendments

F383S. 54 repealed (E.W.S.) (25.4.2000 in relation to s. 54(1) to (7) and (9) otherwise 4.12.2006) by Disability Rights Commission Act 1999 (c. 17), ss. 14(2), 16(2), Sch. 5 (with ss. 9(2), 15); S.I. 2000/880, art. 2, {Sch. 2 Appendix}; S.I. 2006/3189, art. 2

F384S. 54 (as substituted by Sch. 8 para. 37 of this Act) 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 otherwise prosp.) 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

I28S. 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.U.K.

[F385(1)For the purposes of Part II or Part III [F386(other than sections 24A to 24L)], 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 [F387or Part III of the 2005 Order] ; or

(ii)given evidence or information in connection with such proceedings brought by any person; or

(iii)otherwise done anything under [F388, or by reference to,] this Act [F387or Part III of the 2005 Order] 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 [F387or Part III of the 2005 Order] ; 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).

[F389(3A)For the purposes of Chapter I of Part III of the 2005 Order—

(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 or Part III of the 2005 Order are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), to be read as references 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.

[F390(5)In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, 4G, 6A, 7A, 13, 14A, 14C [F391, 15B] and 16A also apply to discrimination against a person who is not disabled.

(6)F392. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Extent Information

E111Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F385Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F387Words in s. 55(2) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 48(7); S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F389S. 55(3A) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 48(8) (with art. 47); ); S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F390S. 55(5)(6) inserted (N.I.) (21.2.2004 for specified purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {21}

Modifications etc. (not altering text)

C36S. 55 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

[F39356 Help for aggrieved persons in obtaining information etc.U.K.

[F394(1)For the purposes of this section—

(a)a person who considers that he may have been—

(i)discriminated against in contravention of Part II or III, or

(ii)subjected to harassment in contravention of Part II or section 21A(2),

is referred to as “the person aggrieved”; and

(b)a person against whom the person aggrieved may decide to institute, or has instituted, proceedings in respect of such discrimination or harassment is referred to as “the respondent”.

(2)With a view to helping the person aggrieved decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the Office shall by order prescribe—

(a)forms by which the person aggrieved 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 person aggrieved 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 or III;

(b)if it appears to the court or tribunal in any such proceedings—

(i)that the respondent deliberately, and without reasonable excuse, omitted to reply within the period of eight weeks beginning with the day on which the question was served on him, 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 committed an unlawful act.

(4)The Office may by order—

(a)prescribe the period within which questions must be duly served in order to be admissible under subsection (3)(a); and

(b)prescribe the manner in which a question, and any reply by the respondent, may be duly served.

(5)County court rules may enable a court entertaining a claim under section 25 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not.

(6)In proceedings in respect of a section 21B claim, subsection (3)(b) does not apply in relation to a failure to reply, or a particular reply, if the following conditions are met—

(a)that at the time of doing any relevant act, the respondent was carrying out public investigator functions or was a public prosecutor; and

(b)that the respondent reasonably believes that a reply or (as the case may be) a different reply would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings or any criminal proceedings or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings.

(7)The Office may by regulations provide for this section not to have effect, or to have effect with prescribed modifications, in relation to section 21B claims of a prescribed description.

(8)This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court or industrial tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

(9)In this section “section 21B claim” means a claim under section 25 by virtue of section 21B.]]

Extent Information

E112Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F393S. 56 substituted (N.I.) (3.7.2006 for certain purposes and 31.12.2007 insofar as not already in force) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 17; S.R. 2006/289, art. 2(2)(d); S.R. 2007/466, art. 2(2)(k)

F394Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Commencement Information

I29S. 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.U.K.

[F395(1)A person who knowingly aids another person to do an [F396unlawful act][F396act made unlawful by this 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.

[F397(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.]]

Extent Information

E113Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F395Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F396S. 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

F397S. 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

58 Liability of employers and principals.U.K.

[F398(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.]

Extent Information

E114Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F398Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Modifications etc. (not altering text)

59 Statutory authority and national security etc.U.K.

[F399(1)Nothing in this Act makes unlawful any act done—

(a)in pursuance of any enactment; or

[F400(b)in pursuance of any instrument made under any enactment by—

(i)a Minister of the Crown,

(ii)a member of the Scottish Executive, F401. . .

(iii)the National Assembly for Wales [F402constituted by the Government of Wales Act 1998, or

(iv)the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.]

or

(c)to comply with any condition or requirement—

(i)imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment,

(ii)imposed by a member of the Scottish Executive (whether before or after the coming into force of this sub-paragraph) by virtue of any enactment, F403. . .

(iii)imposed by the National Assembly for Wales [F404constituted by the Government of Wales Act 1998](whether before or after the coming into force of this sub-paragraph) by virtue of any enactment[F405 or

(iv)imposed by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.]]

(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.

[F406(2A)Nothing in –

(a)Part II, or

(b)Part III to the extent that it relates to the provision of employment services,

makes unlawful any act done for the purpose of safeguarding national security if the doing of the act was justified by that purpose.]

[F407(2A)Nothing in—

(a)Part 2 of this Act, or

(b)Part 3 of this Act to the extent that it relates to the provision of employment services,

makes unlawful any act done for the purpose of safeguarding national security if the doing of the act was justified by that purpose.]

(3)Nothing in [F408any other provision of] this Act makes unlawful any act done for the purpose of safeguarding national security.]

Extent Information

E115Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 40; see s. 70(6)

Textual Amendments

F399Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F401Word in s. 59(1)(b)(ii) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 61(2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F402S. 59(1)(b)(iv) and preceding words inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 61(3), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F403Word in s. 59(1)(c)(ii) omitted by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 61(4), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(4) of the Government of Wales Act 2006.

F404Words in s. 59(1)(c)(iii) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 61(5), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F405S. 59(1)(c)(iv) and preceding word inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 61(6)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F406S. 59(2A) inserted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 23(a)

F407S. 59(2A) inserted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 23(a)

F408Words in s. 59(3) inserted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 23(b) and said words inserted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 23(b)

Commencement Information

I30S. 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)

[F40959ANational securityU.K.

[F410(1)Rules of court may make provision for enabling a county court or sheriff court in which a claim is brought in respect of alleged discrimination contrary to this Act (including anything treated by virtue of this Act as amounting to discrimination contrary to this Act), where the court considers it expedient in the interests of national security—

(a)to exclude from all or part of the proceedings—

(i)the claimant;

(ii)the claimant's representatives;

(iii)any assessors;

(b)to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;

(c)to take steps to keep secret all or part of the reasons for the court's decision in the proceedings.

(2)The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, proceedings from which the claimant or his representatives are excluded by virtue of subsection (1).

(3)A person may be appointed under subsection (2) only—

(a)in relation to proceedings in England and Wales, if he has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)), or

(b)in relation to proceedings in Scotland, if he is—

(i)an advocate, or

(ii)qualified to practice as a solicitor in Scotland.

(4)A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.]]

Extent Information

E116Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F409S. 59A inserted (18.4.2006) by Equality Act 2006 (c. 3), ss. 89, 93, (with s. 92); S.I. 2006/1082, art. 2(j)

F410Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Part VIIIU.K. Miscellaneous

60 Appointment by Secretary of State of advisers.U.K.

[F411(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 M4Disabled 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 M5Disability 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 M6Chronically 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.]

Extent Information

E117Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 40; see s. 70(6)

Textual Amendments

F411Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Marginal Citations

61 Amendment of Disabled Persons (Employment) Act 1944.U.K.

[F412(1)Section 15 of the M7Disabled 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.]

Extent Information

E118Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 41; see s. 70(6)

Textual Amendments

F412Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Commencement Information

I31S. 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

F41362. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F413S. 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. 1996/1921 (N.I. 18), art. 28, Sch. 3 (with Sch. 2)

63 Restriction of publicity: Employment Appeal Tribunal.U.K.

F414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E119In the application of this Act to Northern Ireland, this section is omitted; see s. 70(6), Sch. 8 para. 43

Textual Amendments

F414S. 63 repealed (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)

64 Application to Crown etc.U.K.

[F415[F416(A1)The following provisions bind the Crown—

(a)sections 21B to 21E and Part 5A, and

(b)the other provisions of this Act so far as applying for the purposes of provisions mentioned in paragraph (a);

and sections 57 and 58 shall apply for purposes of provisions mentioned in paragraph (a) as if service as a Crown servant were employment by the Crown.]

(1)This Act [F417, other than the provisions mentioned in paragraphs (a) and (b) of subsection (A1),] 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)F418. . . 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.

[F419(2A)Subsections [F420(A1) to](2) have effect subject to section 64A and section 64B.]

[F421(2A)Subsections [F422(A1) to](2) have effect subject to section 64A.]

(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 F423. . . .

(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)F424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F425. . . Part II does not apply to service in any of the naval, military or air forces of the Crown.

(8)In this section—

F430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E120Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 44; see s. 70(6)

Textual Amendments

F415Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F418Words in s. 64(2) omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(a) and said words omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(a)

F419S. 64(2A) inserted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(b)

F421S. 64(2A) inserted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(b)

F422In s. 64(2A) words substituted (E.W.S.) (5.12.2005 for certain purposes and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 31(4); S.I. 2005/2774, arts. 3(j), 4(f)

F424S. 64(5)(6) omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004 ) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(c) and said subsections omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(c)

F425Words in s. 64(7) omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(d) and said words omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(d)

F426S. 64(8): definition of "British Transport Police" omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e)

S. 64(8): definition of "British Transport Police" ceases to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4 (with s. 72); S.I. 2004/1572, art. 3(jjj)

F427S. 64(8): definitions of "fire brigade", "Ministry of Defence Police" and "prison officer" omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e) and said definitions omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(e)

F428S. 64(8): definition of "Royal Parks Constabulary" omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e)

F429S. 64(8): definition of "United Kingdom Atomic Energy Authority Constabulary" (and the preceding word "and") omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e) and said word "and" omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(e)

F430S. 64(8): definition of "United Kingdom Atomic Energy Authority Constabulary" (and the preceding word "and") omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 24(e) and said word "and" omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 24(e)

Marginal Citations

[F43164APoliceE+W+S

F432. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E121This section extended to England, Wales and Scotland only; a separate s. 64A exists for Northern Ireland only.

Textual Amendments

F431S. 64A inserted (E.W.S.) (3.7.2003 for certain purposes, otherwise1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 25

F432Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F43364APolice Service of Northern Ireland and the Police Service of Northern Ireland ReserveN.I.

(1)For the purposes of Part II, the holding of the office of constable as a police officer shall be treated as employment –

(a)by the Chief Constable as respects any act done by him in relation to that office or a holder of it;

(b)by the Policing Board as respects any act done by it in relation to that office or the holder of it.

(2)For the purposes of section 58 –

(a)the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and

(b)anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.

(3)There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000 F507

(a)any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under Part II [F508or III], and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b)any sum required by the Chief Constable for the settlement of any claim made against him under Part II [F508or III] if the settlement is approved by the Policing Board.

(4)The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay –

(a)any compensation, damages or costs awarded in proceedings under Part II [F508or III] against a police officer;

(b)any costs incurred and not recovered by a police officer in such proceedings; and

(c)any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings if the settlement is approved by the Policing Board.

(5)The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in subsection (4).

(6)This section –

(a)applies in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 F509or [F510section 23 or 24 of the Serious Organised Crime and Police Act 2005] as it applies in relation to a police officer;

(b)applies in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998 F511 is under the direction and control of the Police Ombudsman for Northern Ireland as if –

(i)in subsection (1) the reference to the Chief Constable included a reference to the Ombudsman;

(ii)in subsections (2), (4) and (5) the references to the Chief Constable were references to the Ombudsman.]

Extent Information

E179This section extends to Northern Ireland only; a separate s. 64A for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F433S. 64A, 64B inserted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 25

[F43364BOther police bodiesN.I.

(1)For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment –

(a)by the chief officer of police as respects any act done by him in relation to that office or a holder of it;

(b)by the police authority as respects any act done by it in relation to that office or the holder of it;

(2)For the purposes of section 58 –

(a)the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and

(b)anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.

(3)There shall be paid out of the police fund –

(a)any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under Part II [F434or III], and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b)any sum required by a chief officer of police for the settlement of any claim made against him under Part II if the settlement is approved by the police authority.

(4)A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund –

(a)any compensation, damages or costs awarded in proceedings under Part II [F434or III] against a person under the direction and control of the chief officer of police;

(b)any costs incurred and not recovered by such a person in such proceedings; and

(c)any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

(5)A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in subsection (4).

[F435(6)Subject to subsection (8), in this section in relation to any body of constables—

(a)chief officer of police” means the person who has the direction and control of the body;

(b)police authority” means the authority by which the members of the body are paid; and

(c)police fund” means money provided by that authority.]

(7)Nothing in subsections (3) to (6) applies in relation to the police.

(8)In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.]

65 Application to Parliament.U.K.

F436. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E122In the application of this Act to Northern Ireland, this section is omitted: see s. 70(6), Sch. 8 para. 45

Textual Amendments

F436Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

66 Government appointments outside Part II.U.K.

F437. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F437S. 66 omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 26 and said section repealed (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1, 26

67Regulations and orders.U.K.

[F438(1)Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(2)Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.

(3)Any such power, includes power—

(a)to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and

(b)to provide for a person to exercise a discretion in dealing with any matter.

[F439(3A)Where regulations under section 21D(7)(b) provide for the omission of section 21D(5), the provision that may be made by the regulations in exercise of the power conferred by subsection (3)(a) includes provision amending section 21D for the purpose of omitting references to section 21D(5).

(3B)The provision that may be made by regulations under section 21G(5)(b) in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing section 21G(4).]

[F440(4)Subsection (4A) applies to—

(a)the first regulations to be made under section 21H(1);

(b)regulations under section 47J(3);

(c)regulations under section 67A(3);

(d)regulations under paragraph 6A(2) of Schedule 1.

(4A)No regulations to which this subsection applies shall be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(4B)An order under section 47(1), if made without a draft having been laid before and approved by a resolution of, the Assembly shall be subject to annulment in pursuance of a resolution of the Assembly; but the exercise of the discretion conferred by this subsection is subject to section 67A.]

(5)Any other order made under this Act, other than an order under section 3(9), [F44154A(6)(a)] or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

(6)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.

(7)Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule.

(8)Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).]

Extent Information

E123Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It incorporates the N.I. modifications set out in Sch. 8 para. 46. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F438Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F440S. 67(4)-(4B) substituted (N.I.) for s. 67(4) (3.7.2006 for certain purposes and 31.12.2007 insofar as not already in force) by virtue of The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 25(3); S.R. 2006/289, art. 2(2)(f); S.R. 2007/466, art. 2(2)(m)

F441Words in s. 67(5) substituted (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 15 (with art. 17); S.R. 2000/140, art.2, Sch.

Commencement Information

I32S. 67 wholly in force at 30.5.1996; s. 67 not in force at Royal Assent see s. 70(3); s. 67 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(i); s. 67 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(h)

[F44267AExercise of discretion under section 67(5A)E+W+S

F443. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E124This section extended to England, Wales and Scotland only; a separate s. 67A exists for Northern Ireland only.

Textual Amendments

F442S. 67A inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {6(4)}, 20(3)-(6); S.I. 2005/2774, art. 3(d)

F443Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F51267AExercise of discretion under section 67(4B)N.I.

(1)Before the Department for Regional Development decides which of the Assembly procedures available under section 67(4B) is to be adopted in connection with the making of any particular order under section 47(1), it must consult such persons as it thinks appropriate.

(2)An order under section 47(1) may be made without a draft of the order having been laid before, and approved by a resolution of, the Assembly only if—

(a)regulations under subsection (3) are in force; and

(b)the making of the order without such laying and approval is in accordance with the regulations

(3)Regulations may set out the basis on which the Department for Regional Development, when it comes to make an order under section 47(1), will decide which of the Assembly procedures available under section 67(4B) is to be adopted in connection with the making of the order.

(4)Before making regulations under subsection (3), the Department for Regional Development must consult such persons as it considers appropriate.]

Extent Information

E180This section extends to Northern Ireland only; a separate s. 67A for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

[F44467BAnnual report on rail vehicle exemption ordersE+W+S

F445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E125This section extended to England, Wales and Scotland only; a separate s. 67B exists for Northern Ireland only.

Textual Amendments

F444S. 67B inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {6(5)}, 20(3)-(6); S.I. 2005/2774, art. 3(d)

F445Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F51267BAnnual report on rail exemption ordersN.I.

(1)The Department for Regional Development must after each 31st December prepare, in respect of the year that ended with that day, a report on—

(a)the exercise in that year of the power to make orders under section 47(1); and

(b)the exercise in that year of the discretion under section 67(4B).

(2)A report under subsection (1) must (in particular) contain—

(a)details of each order made under section 47(1) in the year in respect of which the report is made; and

(b)details of consultation carried out under sections 47(3) and 67A(1) in connection with orders made in that year under section 47(1).

(3)The Department for Regional Development must lay before the Assembly each report that it prepares under this section.]

Extent Information

E181This section extends to Northern Ireland only; a separate s. 67B for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

68 Interpretation.U.K.

[F446[F447(1)In this Act—

[F461(1A)In this Act “criminal investigation” means—

(a)any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with or prosecuted for an offence is guilty of it; or

(b)any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct.

(1B)In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.

(1C)In subsections (1A) and (1B)—

[F463(2)Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Northern Ireland if the employee –

(a)does his work wholly or partly in Northern Ireland; or,

(b)does his work wholly outside Northern Ireland and subsection (2A) applies.

(2A)This subsection applies if –

(a)the employer has a place of business at an establishment in Northern Ireland;

(b)the work is for the purposes of the business carried on at the establishment; and

(c)the employee is ordinarily resident in Northern Ireland –

(i)at the time when he applies for or is offered the employment, or

(ii)at any time during the course of the employment.

(2B)This subsection applies to a ship if –

(a)it is registered at a port of registry in Northern Ireland; or

(b)it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2C)This subsection applies to an aircraft or hovercraft if –

(a)it is –

(i)registered in the United Kingdom, and

(ii)operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland; or

(b)it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2D)The following are not to be regarded as being employment at an establishment in Northern Ireland –

(a)employment on board a ship to which subsection (2B) does not apply;

(b)employment on an aircraft or hovercraft to which subsection (2C) does not apply.]

(4)Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in [F464Northern Ireland].

(5)F465. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E126Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal and incorporates the N.I. modifications set out in Sch. 8 para. 47. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Textual Amendments

F446Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F447S. 68(1) substituted (N.I.) by virtue of s. 70(6), Sch. 8 paras. 1, 47(1) of this Act.

F448S. 68(1): definition of "benefits", "section 6 duty" and "section 15 duty" omitted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(i)

F450S. 68(1): definition of "criminal proceedings" substituted (28.3.2009 for certain puposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 134(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F451S. 68(1): definition of "employment at an establishment in Northern Ireland" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(ii)

F453S. 68(1): words in the definition of “enactment” inserted (27.7.2000) by S.I. 2000/2040, arts. 1(1), 2(1), Sch. Pt. I para. 18 (with saving in art. 3)

F455S. 68(1): definition of "Minister of the Crown" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(iii)

F458S. 68(1): para. (a) in definition of "regulations" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(iv)(aa)

F459S. 68(1): para. (c) in definition of "regulations" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(iv)(bb)

F460S. 68(1): definition of "the 2005 Order" inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 48(11); S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

F462S. 68(1C): words in definition of "offence" substituted (28.3.2009 for certain puposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 134(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F463S. 68(2)-(2D) substituted for s. 68(2)(3) (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(b)

F464Words in s. 68(2) substituted (N.I.) by virtue of s. 70(6), Sch. 8 paras. 1, 47(1) of this Act.

Modifications etc. (not altering text)

C38S. 68(1) modified (24.4.2009 for certain purposes and 31.10.2009 insofar as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order (S.I. 2009/1059), arts. 1, 205, {Sch. 1 para. 36(1)}

C39S. 68(1C) modified (24.4.2009 for certain purposes and 31.10.2009 insofar as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order (S.I. 2009/1059), arts. 1, 205, {Sch. 1 para. 36(2)}

Commencement Information

I33S. 68 wholly in force at 2.12.1996; s. 68 not in force at Royal Assent see s. 70(3); s. 68(1) in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(j); s. 68(1) in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(i); s. 68(2)-(5) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 68(2)-(5) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

69 Financial provisions.U.K.

[F466There shall be paid out of money provided by Parliament—

(a)any expenditure incurred by a Minister of the Crown under this Act;

(b)any increase attributable to this Act in the sums payable out of money so provided under or by virtue of any other enactment.]

Extent Information

E127Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Textual Amendments

F466Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Commencement Information

I34S. 69 wholly in force at 30.5.1996; s. 69 not in force at Royal Assent see. s. 70(3); s. 69 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(k); s. 69 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(j)

70 Short title, commencement, extent etc.U.K.

[F467(1)This Act may be cited as the Disability Discrimination Act 1995.

(2)This section (apart from subsections (4), (5) and (7)) comes into force on the passing of this Act.

[F468(2A)The following provisions of this Act—

(a)section 36 so far as it applies to designated vehicles,

(b)section 36A, and

(c)section 38 (which has already been brought in force in England and Wales by an order under subsection (3)) so far as it extends to Scotland,

come into force 2 months after the passing of the Local Transport Act 2008.]

(3)The other provisions of this Act come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different purposes.

(4)Schedule 6 makes consequential amendments.

(5)The repeals set out in Schedule 7 shall have effect.

[F469(5A)Sections 7A [F4707B and 49G] extend to England and Wales only.

(5B)Sections 7C and 7D extend to Scotland only.]

(6)[F471Subject to subsections (5A) and (5B), this Act extends to England and Wales, Scotland and Northern Ireland;] but in their application to Northern Ireland the provisions of this Act mentioned in Schedule 8 shall have effect subject to the modifications set out in that Schedule.

[F472(7)In Part II of Schedule 1 to the M10House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the M11Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) in each case insert at the appropriate places—

[F473The National Disability Council.]

The Northern Ireland Disability Council]

(8)Consultations which are required by any provision of this Act to be held by the Secretary of State may be held by him before the coming into force of that provision.]

Extent Information

E128Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 48 see s. 70(6)

Subordinate Legislation Made

P2S. 70(3) power partly exercised: 1.1.1996 appointed day for specified provisions by S.I. 1995/3330, art. 2

S. 70(3) power partly exercised: 2.1.1996 appointed day for specified provisions by S.R. 1996/1, art. 2

S. 70(3) power partly exercised: 17.5.1996 appointed day for specified provisions by S.I. 1996/1336, art. 3

S. 70(3) power partly exercised: 30.5.1996 appointed day for specified provisions by S.R. 1996/219, art. 3

S. 70(3) power partly exercised: different days appointed for specified provisions by S.I. 1996/1474, art. 2

S. 70(3) power partly exercised: different days appointed for specified provisions by S.R. 1996/280, art. 2

S. 70(3) power partly exercised: 2.12.1996 appointed day for specified provision by S.R. 1996/580, art. 2

S. 70(3) power partly exercised: different dates appointed for specified provisions by S.I. 1999/1190, arts. 2-5

S. 70(3) power partly exercised: different days appointed for specified provisions by S.R. 1999/196, arts. 2-4

S. 70(3) power partly exercised: 13.5.1998 appointed day for specified provisions by S.R. 1998/183, art. 2

S. 70(3) power partly exercised: 30.8.2000 appointed for specified provisions by S.I. 2000/1969, art. 2

S. 70(3) power partly execised: different dates appointed for specified provisions and purposes by S.I. 2000/2989, arts. 2, 3

S. 70(3) power partly exercised: different dates appointed for specified provisions and purposes by S.R. 2001/163, art. 2

S. 70(3) power partly exercised: different dates appointed for specified provisions by S.I. 2001/2030, arts. 2, 3

S. 70(3) power partly exercised: different dates appointed for specified purposes by S.R. 2001/439, art. 2(1)

s. 70(3) power partly exercised: 21.1.2003 appointed day for specified provisions by S.R. 2003/24, art. 2

s. 70(3) power partly exercised: 5.2.2003 appointed day for specified provision by S.I. 2003/215, art. 2

s. 70(3) power partly exercised: 6.4.2005 appointed day for specified provision by S.I. 2005/1122, art. 2

s. 70(3) power partly exercised: 3.6.2008 appointed day for specified provision by S.R. 2008/236, art. 2

Textual Amendments

F467Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F468S. 70(2A) inserted (E.W.S.) (26.1.2009) by Local Transport Act 2008 (c. 26), ss. {56(9)}, 134

F469S. 70(5A)(5B) inserted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 28(a)

F470Words in s. 70(5A) substituted (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 55 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F471Words in s. 70(6) substituted (E.W.S.) for words "This Act extends to Northern Ireland," (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 28(b)

F472S. 70(7) 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

F473Words in s. 70(7) 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

Modifications etc. (not altering text)

C40S. 70(3) applied (1.11.1996) by 1996 c. 56, s. 583(2)(5)(b) (with ss. 1(4), 561, 562, Sch. 39)

Commencement Information

I35S. 70 partly in force at Royal Assent see s. 70(2)(3); S. 70(7) in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(l); s. 70(7) in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(k); s. 70(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 70(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 70(5) in force (E.W.S.) for specified purposes at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III (with s. 3); s. 70(5) in force for specified purposes (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II (with art. 3)

Marginal Citations