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Disability Discrimination Act 1995

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  1. Introductory Text

  2. Part I Disability

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

    2. 2. Past disabilities.

    3. 3. Guidance.

  3. Part II Employment

    1. Discrimination by employers

      1. 4. Discrimination against applicants and employees.

      2. 5. Meaning of “discrimination”.

      3. 6. Duty of employer to make adjustments.

      4. 7. Exemption for small businesses.

    2. Enforcement etc.

      1. 8. Enforcement, remedies and procedure.

      2. 9. Validity of certain agreements.

      3. 10. Charities and support for particular groups of persons.

      4. 11. Advertisements suggesting that employers will discriminate against disabled persons.

    3. Discrimination by other persons

      1. 12. Discrimination against contract workers.

      2. 13. Discrimination by trade organisations.

      3. 14. Meaning of “discrimination” in relation to trade organisations.

      4. 15. Appeal against refusal of exemption certificate.

    4. Premises occupied under leases

      1. 16. Alterations to premises occupied under leases.

    5. Occupational pension schemes and insurance services

      1. 17. Occupational pension schemes.

      2. 18. Insurance services.

  4. PART III Discrimination in Other Areas

    1. Goods, facilities and services

      1. 19. Discrimination in relation to goods, facilities and services.

      2. 20. Meaning of “discrimination”.

      3. 21. Duty of providers of services to make adjustments.

    2. Premises

      1. 22. Discrimination in relation to premises.

      2. 23. Exemption for small dwellings.

      3. 24. Meaning of “discrimination” .

    3. Enforcement, etc.

      1. 25. Enforcement, remedies and procedure.

      2. 26. Validity and revision of certain agreements.

      3. 27. Alterations to premises occupied under leases.

      4. 28. Conciliation of disputes.

  5. Part IV Education

    1. Chapter 1 SCHOOLS

      1. Duties of responsible bodies

        1. 28A. Discrimination against disabled pupils and prospective pupils

        2. 28B. Meaning of “discrimination”

        3. 28C. Disabled pupils not to be substantially disadvantaged

        4. 28D. Accessibility strategies and plans

        5. 28E. Accessibility strategies and plans: procedure

      2. Residual duty of education authorities

        1. 28F. Duty of education authorities not to discriminate

        2. 28G. Residual duty: supplementary provisions

      3. Enforcement: England and Wales

        1. 28H.Tribunals

        2. 28I. Jurisdiction and powers of the Tribunal

        3. 28J. Procedure

        4. 28K. Admissions

        5. 28L. Exclusions

        6. 28M. Roles of the Secretary of State and the National Assembly

      4. Enforcement: Scotland

        1. 28N. Civil proceedings

      5. Agreements relating to enforcement

        1. 28P. Validity and revision of agreements of responsible bodies

      6. Interpretation of Chapter 1

        1. 28Q. Interpretation

    2. Chapter 2 FURTHER AND HIGHER EDUCATION

      1. Duties of responsible bodies

        1. 28R. Discrimination against disabled students and prospective students

        2. 28S. Meaning of “discrimination”

        3. 28T. Disabled students not to be substantially disadvantaged

      2. Other providers of further education or training facilities

        1. 28U. Further education etc. provided by local education authorities and schools

      3. Enforcement, etc.

        1. 28V. Enforcement, remedies and procedure

        2. 28W. Occupation of premises by educational institutions

        3. 28X. Validity and revision of agreements

        4. 29.Education of disabled persons.

      4. Duties of funding councils

        1. 30. Further and higher education of disabled persons. 1992 c.13.

        2. 31. Further and higher education of disabled persons: Scotland. 1992 c. 37.

      5. Interpretation of Chapter 2

        1. 31A. Interpretation

    3. Chapter 3 SUPPLEMENTARY

      1. 31B. Conciliation for disputes

      2. 31C. Application to Isles of Scilly

  6. Part V Public Transport

    1. Taxis

      1. 32. Taxi accessibility regulations.

      2. 33. Designated transport facilities.

      3. 34. New licences conditional on compliance with taxi accessibility regulations.

      4. 35. Exemption from taxi accessibility regulations.

      5. 36. Carrying of passengers in wheelchairs.

      6. 37. Carrying of guide dogs and hearing dogs.

      7. 37A. Carrying of assistance dogs in private hire vehicles

      8. 38. Appeal against refusal of exemption certificate.

      9. 39. Requirements as to disabled passengers in Scotland.

    2. Public service vehicles

      1. 40. PSV accessibility regulations.

      2. 41. Accessibility certificates.

      3. 42. Approval certificates.

      4. 43. Special authorisations.

      5. 44. Reviews and appeals.

      6. 45. Fees.

    3. Rail vehicles

      1. 46. Rail vehicle accessibility regulations.

      2. 47. Exemption from rail vehicle accessibility regulations.

    4. Supplemental

      1. 48. Offences by bodies corporate etc.

      2. 49. Forgery and false statements.

  7. Part VI The National Disability Council

    1. 50. The National Disability Council.

    2. 51. Codes of practice prepared by the Council.

    3. 52. Further provision about codes issued under section 51.

  8. Part VII Supplemental

    1. 53A. Codes of practice.

    2. 54A. Codes of practice.

    3. 53. Codes of practice prepared by the Secretary of State.

    4. 54. Further provision about codes issued under section 53.

    5. 55. Victimisation.

    6. 56. Help for persons suffering discrimination.

    7. 57. Aiding unlawful acts.

    8. 58. Liability of employers and principals.

    9. 59. Statutory authority and national security etc.

  9. Part VIII Miscellaneous

    1. 60. Appointment by Secretary of State of advisers.

    2. 61. Amendment of Disabled Persons (Employment) Act 1944.

    3. 62. Restriction of publicity: industrial tribunals.

    4. 63. Restriction of publicity: Employment Appeal Tribunal.

    5. 64. Application to Crown etc.

    6. 65. Application to Parliament.

    7. 66. Government appointments outside Part II.

    8. 67. Regulations and orders.

    9. 68. Interpretation.

    10. 69. Financial provisions.

    11. 70. Short title, commencement, extent etc.

  10. SCHEDULES

    1. SCHEDULE 1

      Provisions Supplementing Section 1

      1. Impairment

        1. 1.(1) “Mental impairment” includes an impairment resulting from or consisting...

      2. Long-term effects

        1. 2.(1) The effect of an impairment is a long-term effect...

      3. Severe disfigurement

        1. 3.(1) An impairment which consists of a severe disfigurement is...

      4. Normal day-to-day activities

        1. 4.(1) An impairment is to be taken to affect the...

      5. Substantial adverse effects

        1. 5.Regulations may make provision for the purposes of this Act—...

      6. Effect of medical treatment

        1. 6.(1) An impairment which would be likely to have a...

      7. Persons deemed to be disabled

        1. 7.(1) Sub-paragraph (2) applies to any person whose name is,...

      8. Progressive conditions

        1. 8.(1) Where— (a) a person has a progressive condition (such...

    2. SCHEDULE 2

      Past Disabilities

      1. 1.The modifications referred to in section 2 are as follows....

      2. 2.References in Parts II to 4 to a disabled person...

      3. 2A.References in Chapter 1 of Part 4 to a disabled...

      4. 2B.References in Chapter 2 of Part 4 to a disabled...

      5. 3.In section 6(1), after “not disabled” insert “ and who...

      6. 4.In section 6(6), for “has” substitute “ has had”.

      7. 4A.In section 28B(3)(a) and (4), after “disabled” insert “or that...

      8. 4B.In section 28C(1), in paragraphs (a) and (b), after “not...

      9. 4C.In section 28S(3)(a) and (4), after “disabled” insert “or that...

      10. 4D.In subsection (1) of section 28T, after “not disabled” insert...

      11. 4E.In that subsection as substituted by paragraphs 2 and 6...

      12. 5.For paragraph 2(1) to (3) of Schedule 1, substitute—

    3. SCHEDULE 3

      Enforcement and Procedure

      1. Part I Employment

        1. Conciliation

          1. 1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        2. Restriction on proceedings for breach of Part II

          1. 2.(1) Except as provided by section 8, no civil or...

        3. Period within which proceedings must be brought

          1. 3.(1) An employment tribunal shall not consider a complaint under...

        4. Evidence

          1. 4.(1) In any proceedings under section 8, a certificate signed...

      2. Part II Discrimination in Other Areas

        1. Restriction on proceedings for breach of Part III

          1. 5.(1) Except as provided by section 25 no civil or...

        2. Period within which proceedings must be brought

          1. 6.(1) A county court or a sheriff court shall not...

        3. Compensation for injury to feelings

          1. 7.In any proceedings under section 25, the amount of any...

        4. Evidence

          1. 8.(1) In any proceedings under section 25, a certificate signed...

      3. Part 3 DISCRIMINATION IN SCHOOLS

        1. 9.Restriction on proceedings for breach of Part 4, Chapter 1

        2. 10.Period within which proceedings must be brought

        3. 11.Evidence

      4. Part 4 DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS

        1. 12.Restriction on proceedings for breach of Part 4, Chapter 2

        2. 13.Period within which proceedings must be brought

        3. 14.Compensation for injury to feelings

        4. 15.Evidence

    4. SCHEDULE 4

      Premises Occupied Under Leases

      1. Part I Occupation by Employer or Trade Organisation

        1. Failure to obtain consent to alteration

          1. 1.If any question arises as to whether the occupier has...

        2. Joining lessors in proceedings under section 8

          1. 2.(1) In any proceedings under section 8, in a case...

        3. Regulations

          1. 3.Regulations may make provision as to circumstances in which—

        4. Sub-leases etc.

          1. 4.The Secretary of State may by regulations make provision supplementing,...

      2. Part II Occupation by Provider of Services

        1. Failure to obtain consent to alteration

          1. 5.If any question arises as to whether the occupier has...

        2. Reference to court

          1. 6.(1) If the occupier has applied in writing to the...

        3. Joining lessors in proceedings under section 25

          1. 7.(1) In any proceedings on a claim under section 25,...

        4. Regulations

          1. 8.Regulations may make provision as to circumstances in which—

        5. Sub-leases etc.

          1. 9.The Secretary of State may by regulations make provision supplementing,...

      3. Part 3 OCCUPATION BY EDUCATIONAL INSTITUTIONS

        1. 10.Failure to obtain consent

        2. 11.Reference to court

        3. 12.Joining lessors in proceedings under section 28V

        4. 13.Regulations

        5. 14.Sub-leases etc.

    5. SCHEDULE 4A

      RESPONSIBLE BODIES FOR SCHOOLS

      1. 1.(1) The bodies responsible for schools in England and Wales...

      2. 2.(1) The bodies responsible for schools in Scotland are set...

    6. SCHEDULE 4B

      RESPONSIBLE BODIES FOR EDUCATIONAL INSTITUTIONS

      1. 1.(1) The bodies responsible for educational institutions in England and...

      2. 2.(1) The bodies responsible for relevant institutions in Scotland are...

    7. SCHEDULE 4C

      MODIFICATIONS OF CHAPTER 2 OF PART 4

      1. Part 1 MODIFICATIONS FOR ENGLAND AND WALES

        1. 1.For section 28R, substitute— Further education etc. provided by local...

        2. 2.For subsection (1) of section 28T, substitute—

        3. 3.In section 28W(1)(a) for “by an educational institution” substitute “...

        4. 4.Omit section 31A.

      2. Part 2 MODIFICATIONS FOR SCOTLAND

        1. 5.For section 28R, substitute— Further education etc. provided by education...

        2. 6.For subsection (1) of section 28T, substitute— :

        3. 7.In section 28W(1)(a) for “by an educational institution” substitute “by...

        4. 8.Omit section 31A.

    8. SCHEDULE 5

      The National Disability Council

      1. Status

        1. 1.(1) The Council shall be a body corporate.

      2. Procedure

        1. 2.The Council has power to regulate its own procedure (including...

      3. Membership

        1. 3.(1) The Council shall consist of at least 10, but...

      4. Term of office of members

        1. 4.(1) Each member shall be appointed for a term which...

      5. Remuneration

        1. 5.(1) The Secretary of State may pay such remuneration or...

      6. Staff

        1. 6.The Secretary of State shall provide the Council with such...

      7. Supplementary regulation-making power

        1. 7.The Secretary of State may by regulations make provision—

      8. Annual report

        1. 8.(1) As soon as is practicable after the end of...

    9. SCHEDULE 6

      Consequential Amendments

      1. Employment and Training Act 1973 (c. 50)

        1. 1.In section 12(1) of the Employment and Training Act 1973...

      2. Employment Protection (Consolidation) Act 1978 (c. 44)

        1. 2.In section 136(1) of the Employment Protection (Consolidation) Act 1978...

        2. 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. Companies Act 1985 (c. 6)

        1. 4.In paragraph 9 of Schedule 7 to the Companies Act...

      4. Local Government and Housing Act 1989 (c. 42)

        1. 5.In section 7 of the Local Government and Housing Act...

      5. Enterprise and New Towns (Scotland) Act 1990 (c. 35)

        1. 6.In section 16 of the Enterprise and New Towns (Scotland)...

    10. SCHEDULE 7

      Repeals

    11. SCHEDULE 8

      Modifications of this Act in its application to Northern Ireland

      1. 1.In its application to Northern Ireland this Act shall have...

      2. 2.(1) In section 3(1) for “Secretary of State” substitute “...

      3. 3.In section 4(6) for “Great Britain” substitute “ Northern Ireland”....

      4. 4.(1) In section 7(2) for “Secretary of State” substitute “...

      5. 5.(1) In section 8(3) omit “or (in Scotland) in reparation”....

      6. 6.(1) In section 9(2)(a) for “a conciliation officer” substitute “...

      7. 7.(1) In section 10(1)(b) omit “or recognised body”.

      8. 8.— In section 12(5) for “Great Britain” where it twice...

      9. 9.(1) In section 19(3)(g) for “section 2 of the Employment...

      10. 10.In section 20(7) for paragraphs (b) and (c) substitute ;...

      11. 11.In section 22(4) and (6) omit “or (in Scotland) the...

      12. 12.(1) In section 25(1) omit “or (in Scotland) in reparation”....

      13. 13.In section 26(3) omit “or a sheriff court”.

      14. 14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      15. 15.Omit sections 29, 30 and 31.

      16. 16.(1) In section 32(1) for “Secretary of State” substitute “...

      17. 17.In section 33, for “Secretary of State”, wherever it occurs,...

      18. 18.For section 34 substitute— New licences conditional on compliance with...

      19. 19.Omit section 35.

      20. 20.In section 36(7) for “licensing authority” substitute “ Department of...

      21. 21.(1) In section 37(5) and (6) for “licensing authority” substitute...

      22. 21A.(1) In section 37A(5) and (6) for “licensing authority” substitute...

      23. 22.(1) In section 38(1) for “a licensing authority” substitute “...

      24. 23.Omit section 39.

      25. 24.(1) In section 40 for “Secretary of State” wherever it...

      26. 25.(1) In section 41(2) for “Secretary of State” substitute “...

      27. 26.(1) In section 42 for “Secretary of State” wherever it...

      28. 27.In section 43 for “Secretary of State” wherever it occurs...

      29. 28.(1) In section 44 for “Secretary of State” wherever it...

      30. 29.(1) In section 45 for “Secretary of State” wherever it...

      31. 30.(1) In section 46 for “Secretary of State” wherever it...

      32. 31.(1) In section 47 for “Secretary of State” wherever it...

      33. 32.Omit section 48(3).

      34. 33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      35. 34.(1) In section 51(1) for “the Secretary of State” substitute...

      36. 35.For section 52 substitute— Further provisions about codes issued under...

      37. 36.(1) In section 53 for “Secretary of State” wherever it...

      38. 37.For section 54 substitute— Further provisions about codes issued under...

      39. 38.In section 56(2) and (4) for “Secretary of State” substitute...

      40. 39.In section 59(1) after “Crown” where it twice occurs insert...

      41. 40.(1) In section 60(1) to (3) for “Secretary of State”...

      42. 41.For section 61 substitute— Amendments of Disabled Persons (Employment) Act...

      43. 42.(1) In section 62(2) for “Secretary of State” substitute “...

      44. 43.Omit section 63.

      45. 44.(1) In section 64(3) for “England and Wales” substitute “...

      46. 45.Omit section 65.

      47. 46.For section 67 substitute— Regulations and orders etc. (1) Any power under this Act to make regulations or...

      48. 47.(1) For section 68(1) substitute— (1) In this Act— “accessibility...

      49. 48.(1) In section 70(3) for “Secretary of State” substitute “...

      50. 49.(1) In Schedule 1 in paragraph 7(1) for “Act 1944”...

      51. 50.(1) In Schedule 3 in paragraph 1—

      52. 51.(1) In Schedule 4 in paragraphs 2(1) and (5) and...

      53. 52.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      54. 53.For Schedules 6 and 7 substitute— SCHEDULE 6 Consequential Amendments...

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