xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

E+W+S+N.I.

Disability Discrimination Act 1995

1995 CHAPTER 50

An Act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council.

[8th November 1995]

F1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Extent Information

E1Act extends to Northern Ireland subject to modifications: see s. 70(6), Sch. 8.

Amendments (Textual)

F1Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1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)

Modifications etc. (not altering text)

C1Act restricted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 21, 46 (with s. 38)

Act restricted (8.8.1998) by S.I. 1996/1919 (N.I. 16), art. 160(1)(b) (as substituted (8.8.1998) by S.I. 1998/1265 (N.I. 8), arts. 1(2), 15(3); S.R. 1998/274, art. 2(1), Sch. 1 (with savings and transitional provisions in art. 3))

Act: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 8(a), Sch. 6 Pt. I

Act (except ss. 8, 9(4)(d), 10(2)(b)): transfer of certain functions (N.I.)(1.12.1999) by S.R. 1999/481, art. 4(a), Sch. 2 Pt. I

C3Act: applied (with modifications) (S.) (3.11.2008) by The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations (S.S.I. 2008/356), {regs. 2, 33(1)}

C4Act applied (N.I.) (10.12.2015) by Children's Services Co-operation Act (Northern Ireland) 2015 (c. 10 (N.I.)), ss. 9(3)(b), 10(1)

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

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

[F2(1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act [F3and 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 [F3and Part III of the 2005 Order]disabled person” means a person who has a disability.]

Annotations:

Amendments (Textual)

F2Act 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)

F3Words 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.E+W+S+N.I.

[F4(1)The provisions of this Part and Parts II [F5, III and VA][F6and 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 [F7or 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 [F8, III or VA] of this Act [F9or 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 [F9or 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 [F10or (as the case may be) the making of the 2005 Order].]

Annotations:

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 does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

Amendments (Textual)

F4Act 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)

F6Words 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.

F7Words 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.

F9Words 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.

F10Words 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.E+W+S+N.I.

[F11[F12(A1)The Office may issue guidance about matters to be taken into account in determining whether a person is a disabled person.]

(1)[F13Without 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)[F14Without 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 [F15or Part III of the 2005 Order] , whether [F16a person is a disabled person], shall take into account any guidance which appears to it to be relevant.

[F17(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—

Annotations:

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 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.

Amendments (Textual)

F11Act 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)

F15Words 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.

F17S. 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 IIE+W+S+N.I.[F18THE EMPLOYMENT FIELD][F19 AND DISTRICT COUNCILS] [F20and members of locally-electable authorities]

Annotations:

Amendments (Textual)

F18Pt. 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)

F19Pt. 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)

F20Pt 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)

[F21Meaning of “discrimination” and “harassment”E+W+S+N.I.

Annotations:

Amendments (Textual)

F21Ss. 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”E+W+S+N.I.

[F22

(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.]

Annotations:

Amendments (Textual)

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)

3BMeaning of “harassment”E+W+S+N.I.

[F23

(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.]]

Annotations:

Amendments (Textual)

F23Act 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)

[F24Employment]E+W+S+N.I.

Annotations:

Amendments (Textual)

F24Ss. 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

[F254 Discrimination against applicants and employees.E+W+S+N.I.

[F26(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.]]

Annotations:

Extent Information

E4Following 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.

Amendments (Textual)

F25Ss. 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

F26Act 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)

[F274AEmployers: duty to make adjustmentsE+W+S

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E5This 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 .

Amendments (Textual)

F27Ss. 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

F28Act 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)

[F7824AEmployers: 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).]

Annotations:

Extent Information

E191This section extends to Northern Ireland only; a separate s. 4A exists for England, Wales and Scotland only until 1.10.2010.

Amendments (Textual)

F782Ss. 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)}

F295 Meaning of “discrimination”E+W+S+N.I.

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F29Ss. 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)

F316 Duty of employer to make adjustments.E+W+S+N.I.

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

Annotations:

Amendments (Textual)

F31Ss. 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.E+W+S+N.I.

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F33S. 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}

F34[F35Contract workers]E+W+S+N.I.

Annotations:

Amendments (Textual)

F34Ss. 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)

F35Ss. 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)

[F364BContract workersE+W+S

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

Annotations:

Extent Information

E6This 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.

Amendments (Textual)

F36Ss. 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)

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)

[F7834BContract 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 –

Annotations:

Extent Information

E192This section extends to Northern Ireland only; a separate s. 4B exists for England, Wales and Scotland only until 1.10.2010.

Amendments (Textual)

F783Ss. 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)

F34[F35Office-holders]E+W+S+N.I.

[F354COffice-holders: introductoryE+W+S

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

Annotations:

Extent Information

E7This 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

Amendments (Textual)

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)

[F7844COffice-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 [F785, 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 F786, 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.]

Annotations:

Extent Information

E193This section extends to Northern Ireland only; a separate s. 4C existed for England, Wales and Scotland only until 1.10.2010.

Amendments (Textual)

F784Ss. 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)

F785Words 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)

[F354DOffice-holders: discrimination and harassmentE+W+S

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

Annotations:

Extent Information

E8This 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

Amendments (Textual)

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)

[F7844DOffice-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.]

Annotations:

Extent Information

E194This section extends to Northern Ireland only; a separate s. 4D existed for England, Wales and Scotland only until 1.10.2010.

Amendments (Textual)

F784Ss. 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)

[F354EOffice-holders: duty to make adjustmentsE+W+S

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

Annotations:

Extent Information

E9This 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

Amendments (Textual)

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)

[F7844EOffice-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).]

Annotations:

Extent Information

E195This section extends to Northern Ireland only; a separate s. 4E existed for England, Wales and Scotland only until 1.10.2010.

Amendments (Textual)

F784Ss. 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)

[F354FOffice-holders: supplementaryE+W+S

F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E10This 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

Amendments (Textual)

F41Act 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)

[F7844FOffice-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.]

Annotations:

Extent Information

E196This section extends to Northern Ireland only; a separate s. 4F existed for England, Wales and Scotland only until 1.10.2010.

Amendments (Textual)

F784Ss. 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)

F34[F35Occupational pension schemes]E+W+S+N.I.

[F424GOccupational pension schemes: non-discrimination ruleE+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

F42Ss. 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)

[F344GOccupational 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).]

Annotations:

Extent Information

E197This section extends to Northern Ireland only; a separate s. 4G for England, Wales and Scotland only repealed (1.10.2010).

[F424H Occupational pension schemes: duty to make adjustmentsE+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

F42Ss. 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)

[F344HOccupational 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).]

Annotations:

Extent Information

E198This section extends to Northern Ireland only; a separate s. 4H for England, Wales and Scotland only repealed (1.10.2010).

[F424I Occupational pension schemes: procedureE+W+S

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

Annotations:

Extent Information

E13This section extended to England, Wales and Scotland only; a separate s. 4I exists for Northern Ireland only.

Amendments (Textual)

F42Ss. 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)

[F344IOccupational 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 F787 as at the date of coming into operation of this section.]

Annotations:

Extent Information

E199This section extends to Northern Ireland only; a separate s. 4I for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

[F424J Occupational pension schemes: remediesE+W+S

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

Annotations:

Extent Information

E14This version of this provision extended to England, Wales and Scotland only; a separate version exists for Northern Ireland only .

Amendments (Textual)

F42Ss. 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)

[F344JOccupational 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).]

Annotations:

Extent Information

E200This section extends to Northern Ireland only; a separate s. 4J for England, Wales and Scotland only repealed (1.10.2010).

[F424K Occupational pension schemes: supplementaryE+W+S

F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E15This section extended to England, Wales and Scotland only; a separate s. 4K exists for Northern Ireland only.

Amendments (Textual)

F42Ss. 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}

F47Act 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)

[F344KOccupational 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 –

Annotations:

Extent Information

E201This section extends to Northern Ireland only; a separate s. 4K for England, Wales and Scotland only repealed (1.10.2010).

F48[F49Partnerships]E+W+S+N.I.

Annotations:

Amendments (Textual)

F48Ss. 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

F49Ss. 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}

[F496APartnerships: discrimination and harassmentE+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

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)

[F486APartnerships: 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.]

Annotations:

Extent Information

E202This section extends to Northern Ireland only; a separate s. 6A for England, Wales and Scotland only repealed (1.10.2010).

[F496BPartnerships: duty to make adjustmentsE+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

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)

[F486BPartnerships: 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.]

Annotations:

Extent Information

E203This section extends to Northern Ireland only; a separate s. 6B for England, Wales and Scotland only repealed (1.10.2010).

[F496CPartnerships: supplementaryE+W+S

F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E18This section extended to England, Wales and Scotland only; a separate s. 6C exists for Northern Ireland only.

Amendments (Textual)

F52Act 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)

[F486CPartnerships: 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 F788.

(4)In sections 6A and 6B and in this section, “firm” has the meaning given by section 4 of the Partnership Act 1890 F789.]

Annotations:

Extent Information

E204This section extends to Northern Ireland only; a separate s. 6C for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

[F53Barristers and advocates][F54Barristers]E+W+S+N.I.

Annotations:

Amendments (Textual)

F53Ss. 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.

F54Ss. 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

[F537ABarristers: discrimination and harassmentE+W

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

Annotations:

Extent Information

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

Amendments (Textual)

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)

[F547ABarristers: 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.]

Annotations:

Extent Information

E205This section extends to Northern Ireland only; a separate s. 7A for England, Wales and Scotland only repealed (1.10.2010).

[F537BBarristers: duty to make adjustmentsE+W+S

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

Annotations:

Extent Information

E20This section extended to England and Wales only; a separate s. 7B exists for Northern Ireland only from 21.2.2004 .

Amendments (Textual)

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)

[F547BBarristers: 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).]

Annotations:

Extent Information

E206This section extends to Northern Ireland only; a separate s. 7B for England, Wales and Scotland only repealed (1.10.2010).

[F537CAdvocates: discrimination and harassmentS

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

Annotations:

Amendments (Textual)

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)

[F537DAdvocates: duty to make adjustmentsS

F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Amendments (Textual)

F58Act 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)

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

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7908 Enforcement, remedies and procedure.N.I.

Annotations:

Extent Information

E207This 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).

Amendments (Textual)

F790S. 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)

C56S. 8: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 4(b), Sch. 2 Pt. II

Commencement Information

I53S. 8 wholly in force at 2.12.1996; s. 8 not in force at Royal Assent see s. 70(3); s. 8(6)(7) in force at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 8(1)-(5)(8) in force at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

9 Validity of certain agreements.E+W+S+N.I.

Annotations:

Amendments (Textual)

F64S. 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 F65 Charities and support for particular groups of persons.E+W+S+N.I.

Annotations:

Amendments (Textual)

F65S. 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 personsE+W+S+N.I.

Annotations:

Amendments (Textual)

F67S. 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 personsE+W+S+N.I.

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

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

Annotations:

Amendments (Textual)

F68S. 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.E+W+S+N.I.

F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F69Ss. 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

F70[F71Trade and professional bodies]E+W+S+N.I.

Annotations:

Amendments (Textual)

F70Ss. 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

F71Ss. 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

[F71X113Trade organisations: discrimination and harassmentE+W+S

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

Annotations:

Extent Information

E22This 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"

Amendments (Textual)

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)

[F70X313Trade 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.]

Annotations:

Extent Information

E208This 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"

[F71X214Trade organisations: duty to make adjustmentsE+W+S

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

Annotations:

Extent Information

E23This 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"

Amendments (Textual)

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)

[F70X414Trade 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).]

Annotations:

Extent Information

E209This 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"

[F7114AQualifications bodies: discrimination and harassmentE+W+S

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

Annotations:

Extent Information

E24This section extends to England and Wales and Scotland only; a separate s. 14A exists for Northern Ireland only from 21.2.2004.

Amendments (Textual)

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)

[F7014AQualifications 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 F791 have the same meaning as in that Order.]

Annotations:

Extent Information

E210This section extends to Northern Ireland only; a separate s. 14A for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F791Relevant 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)

[F7114BQualifications bodies: duty to make adjustmentsE+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

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)

[F7014BQualifications 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).]

Annotations:

Extent Information

E211This section extends to Northern Ireland only; a separate s. 14B for England, Wales and Scotland only repealed (1.10.2010).

F70[F71Practical work experience]E+W+S+N.I.

[F7114CPractical work experience: discrimination and harassmentE+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

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)

[F7014CPractical 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.

[F792(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.]

Annotations:

Extent Information

E212This section extends to Northern Ireland only; a separate s. 14C for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F792S. 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)

[F7114DPractical work experience: duty to make adjustmentsE+W+S

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E27This section extended to England, Wales and Scotland only; a separate s. 14D exists for Northern Ireland only.

Amendments (Textual)

F77Act 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)

[F7014DPractical 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).]

Annotations:

Extent Information

E213This section extends to Northern Ireland only; a separate s. 14D for England, Wales and Scotland only repealed (1.10.2010).

[F78Relationships between locally-electable authorities and their members][F79Relationships between district councils and their members]E+W+S+N.I.

Annotations:

Amendments (Textual)

F78Ss. 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)

F79Ss. 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)}

[F7815AInterpretation of sections 15B and 15CE+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

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)

[F7915AInterpretation 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.]

Annotations:

Extent Information

E214This section extends to Northern Ireland only; a separate s. 15A for England, Wales and Scotland only repealed (1.10.2010).

[F7815BAuthorities and their members: discrimination and harassmentE+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

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)

[F7915BCouncils 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.]

Annotations:

Extent Information

E215This section extends to Northern Ireland only; a separate s. 15B for England, Wales and Scotland only repealed (1.10.2010).

[F7815CAuthorities and their members: duty to make adjustmentsE+W+S

F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E30This section extended to England, Wales and Scotland only; a separate s. 15C exists for Northern Ireland only.

Amendments (Textual)

F82Act 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)

[F7915CCouncils 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.]

Annotations:

Extent Information

E216This section extends to Northern Ireland only; a separate s. 15C for England, Wales and Scotland only repealed (1.10.2010).

F83. . . E+W+S+N.I.

Annotations:

Amendments (Textual)

F83Cross-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.E+W+S+N.I.

F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F84S. 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)

F85[F86Other unlawful acts]E+W+S+N.I.

Annotations:

Amendments (Textual)

F85Ss. 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

F86Ss. 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)

[F8616ARelationships which have come to an endE+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

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)

[F8516ARelationships 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 [F793, other than sections 15B and 15C]; or

(b)a relationship between a person providing employment services F794. . . 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.]

Annotations:

Extent Information

E217This section extends to Northern Ireland only; a separate s. 16A for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F793Words 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)

F794Words 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)

[F8616BDiscriminatory advertisementsE+W+S

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

Annotations:

Extent Information

E32This section extended to England, Wales and Scotland only; a separate s. 16B exists for Northern Ireland only.

Amendments (Textual)

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)

[F8516BDiscriminatory advertisementsN.I.

[F795(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.

[F796(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.]

[F797(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 [F798this 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 F799. . . .

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

Annotations:

Extent Information

E218This section extends to Northern Ireland only; a separate s. 16B for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F795S. 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)

F796S. 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)

F797S. 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)

F798Words 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)

F799Words 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)

[F8616CInstructions and pressure to discriminateE+W+S

F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E33This section extends to Northern Ireland only; a separate s. 16C for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F89Act 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)

[F8516CInstructions 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.]

Annotations:

Extent Information

E219This section extends to Northern Ireland only; a separate s. 16C for England, Wales and Scotland only repealed (1.10.2010).

F90. . . E+W+S+N.I.

Annotations:

Amendments (Textual)

F90Cross-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.E+W+S+N.I.

F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F91S. 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)}

[F92 Enforcement etc.]E+W+S+N.I.

Annotations:

Amendments (Textual)

[F9317A Enforcement, remedies and procedure.E+W+S+N.I.

[F94(1)A complaint by any person that another person—

(a)has discriminated against him [F95, 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 [F96done so],

may be presented to an industrial tribunal.

[F97(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.

[F98(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.

[F99(7)Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 F100 (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.]]

Annotations:

Extent Information

E34E 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.

Amendments (Textual)

F93S. 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)

F94Act 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)

F95Words 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)

F96Words 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)

F98S. 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)

F99S. 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

[F10117BEnforcement of sections [F10216B(1)] and 16CE+W+S

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

Annotations:

Amendments (Textual)

F101Ss. 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)

[F80017BEnforcement of sections [F80116B(1)] and 16CN.I.

(1)Only the Commission may bring proceedings in respect of a contravention of section [F80116B(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 [F80116B(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 [F80116B(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 [F802section 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.]

Annotations:

Extent Information

E220This section extends to Northern Ireland only; a separate s. 17B for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F800Ss. 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)

F801Word 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)

[F10117CValidity of contracts, collective agreements and rules of undertakingsE+W+S

F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E35This section extended to England, Wales and Scotland only; a separate s. 17C exists for Northern Ireland only.

Amendments (Textual)

F101Ss. 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)

F104Act 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)

[F80017CValidity of contracts, collective agreements and rules of undertakingsN.I.

Schedule 3A shall have effect.]

Annotations:

Extent Information

E221This section extends to Northern Ireland only; a separate s. 17C for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F800Ss. 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)

[F105Supplementary and generalE+W+S+N.I.

Annotations:

Amendments (Textual)

F105Cross-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.E+W+S+N.I.

F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F106S. 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)

[F10718A Alterations to premises occupied under leases.E+W+S+N.I.

[F108(1)This section applies where—

(a)[F109a 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 [F110that 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.

[F111(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.]

Annotations:

Amendments (Textual)

F107S. 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)

F108Act 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)

F109Words 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)}

F110Words 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)

C8S. 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

[F11218BReasonable adjustments: supplementaryE+W+S+N.I.

[F113

(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.]]

Annotations:

Extent Information

E36Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Amendments (Textual)

F113Act 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)

[F11418C Charities and support for particular groups of persons.E+W+S

F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

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

Amendments (Textual)

F114S. 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

F115Act 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)

[F105[F80318CCharities 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 [F804Department for Communities] from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.

(3)In this section –

Annotations:

Extent Information

E222This section extends to Northern Ireland only; a separate s. 18C for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F803S. 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)}

[F11618DInterpretation of Part 2E+W+S

F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E38This section extended to England, Wales and Scotland only; a separate s. 18D exists for Northern Ireland only.

Amendments (Textual)

F116S. 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

F117Act 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)

[F105[F80718DInterpretation 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 –

Annotations:

Extent Information

E223This section extends to Northern Ireland only; a separate s. 18D for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F80818D(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)

[F11818EPremises provided otherwise than in course of a Part 2 relationshipE+W+S+N.I.

[F119(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.]]]

Annotations:

Amendments (Textual)

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)

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

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

19 Discrimination in relation to goods, facilities and services.E+W+S+N.I.

[F120(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 [F121to 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 [F122sections 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.

[F123(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.]

[F124(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.]

[F125(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.]]

Annotations:

Extent Information

E39E 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.

Amendments (Textual)

F120Act 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)

F122Words in s. 19(3)(g) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 9(1) of this Act

F123S. 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}

F125S. 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”E+W+S+N.I.

[F126(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 [F127the Mental Capacity Act 2005] are exercisable in relation to a disabled person's property or affairs; or

[F128(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.]

Annotations:

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. It is subject to the variations for N.I. set out in Sch. 8 of the Act.

Amendments (Textual)

F126Act 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)

F127Words 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.E+W+S+N.I.

[F129(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.]

Annotations:

Extent Information

E41Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Amendments (Textual)

F129Act 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)

C11S. 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

C13S. 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)

[F13021ZAApplication of sections 19 to 21 to transport vehiclesE+W+S

F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E42This section extended to England, Wales and Scotland only; a separate s. 21ZA exists for Northern Ireland.

Amendments (Textual)

F131Act 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)

[F81021ZAApplication 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—

Annotations:

Extent Information

E224This section extends to Northern Ireland only; a separate s. 21ZA for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

Modifications etc. (not altering text)

[F13221AEmployment servicesE+W+S+N.I.

[F133

(1)In [F134this 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 ”;

[F135(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..]]

Annotations:

Extent Information

E43E 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.

Amendments (Textual)

F132S. 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

F133Act 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)

F136[F137Public authorities]E+W+S+N.I.

Annotations:

Amendments (Textual)

F136Ss. 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)

F137Ss. 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)

[F13721BDiscrimination by public authoritiesE+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

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)

[F13621BDiscrimination 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).]

Annotations:

Extent Information

E225This section extends to Northern Ireland only; a separate s. 21B for England, Wales and Scotland only repealed (1.10.2010).

[F13721CExceptions from section 21B(1)E+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

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)

[F13621CExceptions 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.]

Annotations:

Extent Information

E226This section extends to Northern Ireland only; a separate s. 21C for England, Wales and Scotland only repealed (1.10.2010).

[F13721DMeaning of “discrimination” in section 21BE+W+S

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

Annotations:

Extent Information

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

Amendments (Textual)

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)

[F13621DMeaning 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.]

Annotations:

Extent Information

E227This 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)

[F13721EDuties for purposes of section 21D(2) to make adjustmentsE+W+S

F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E47This section extended to England, Wales and Scotland only; a separate s. 21E exists for Northern Ireland only.

Amendments (Textual)

F141Act 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)

[F13621EDuty 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.]

Annotations:

Extent Information

E228This section extends to Northern Ireland only; a separate s. 21E for England, Wales and Scotland only repealed (1.10.2010).

[F142Private clubs etc.E+W+S+N.I.

Annotations:

Amendments (Textual)

F142Ss. 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.E+W+S+N.I.

[F143(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.]

Annotations:

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.

Amendments (Textual)

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)

21GMeaning of “discrimination”E+W+S+N.I.

[F144(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).]

Annotations:

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.

Amendments (Textual)

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)

Modifications etc. (not altering text)

C15S. 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 adjustmentsE+W+S+N.I.

[F145(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.]

Annotations:

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.

Amendments (Textual)

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)

21J“Member”, “associate” and “guest”E+W+S+N.I.

[F146(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.]]

Annotations:

Extent Information

E51Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Amendments (Textual)

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)

PremisesE+W+S+N.I.

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

[F147(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.

[F148(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.]

Annotations:

Extent Information

E52Following 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)

Amendments (Textual)

F147Act 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)

[F14922ACommonholdsE+W+S

F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Amendments (Textual)

F149S. 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)}

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)

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

[F151(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;

[F152(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—

Annotations:

Amendments (Textual)

F151Act 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)

F153Words 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)

F154Words 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)

F155S. 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” .E+W+S+N.I.

[F156(1)For the purposes of [F157sections 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.

[F158(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).]

[F159(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.

[F160(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.]

Annotations:

Extent Information

E53Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Amendments (Textual)

F156Act 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)

F157S. 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

[F161F16224ALet premises: discrimination in failing to comply with dutyE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E54This section extended to England, Wales and Scotland only; a separate s. 24A exists for Northern Ireland only.

Amendments (Textual)

F161S. 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)

[F81124ALet 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.]

Annotations:

Extent Information

E229This section extends to Northern Ireland only; a separate s. 24A for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F811Ss. 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)

[F16124BExceptions to section 24A(1)E+W+S

F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E55This section extended to England, Wales and Scotland only; a separate s. 24B exists for Northern Ireland only.

Amendments (Textual)

F161S. 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)

[F81124BExceptions 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.]

Annotations:

Extent Information

E230This section extends to Northern Ireland only; a separate s. 24B for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F811Ss. 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)

[F16124CDuty for purposes of section 24A(2) to provide auxiliary aid or serviceE+W+S

F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E56This section extended to England, Wales and Scotland only; a separate s. 24C exists for Northern Ireland only.

Amendments (Textual)

F161S. 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)

[F81124CDuties 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.]

Annotations:

Extent Information

E231This section extends to Northern Ireland only; a separate s. 24C for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F811Ss. 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)

[F16124DDuty for purposes of section 24A(2) to change practices, terms etcE+W+S

F165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E57This section extended to England, Wales and Scotland only; a separate s. 24D exists for Northern Ireland only.

Amendments (Textual)

F161S. 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)

[F81124DDuty 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)).]

Annotations:

Extent Information

E232This section extends to Northern Ireland only; a separate s. 24D for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F811Ss. 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)

[F16124ESections 24C and 24D: supplementary and interpretationE+W+S

F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E58This section extended to England, Wales and Scotland only; a separate s. 24E exists for Northern Ireland only.

Amendments (Textual)

F161S. 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)

[F81124ESections 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.]

Annotations:

Extent Information

E233This section extends to Northern Ireland only; a separate s. 24E for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F811Ss. 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)

[F16124FLet premises: victimisation of persons to whom premises are letE+W+S

F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E59This section extended to England, Wales and Scotland only; a separate s. 24F exists for Northern Ireland only.

Amendments (Textual)

F161S. 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)

[F81124FLet 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.]

Annotations:

Extent Information

E234This section extends to Northern Ireland only; a separate s. 24F for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F811Ss. 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)

[F16124GPremises that are to let: discrimination in failing to comply with dutyE+W+S

F168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E60This section extended to England, Wales and Scotland only; a separate s. 24G exists for Northern Ireland only.

Amendments (Textual)

F161S. 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)

[F81124GPremises 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.]

Annotations:

Extent Information

E235This section extends to Northern Ireland only; a separate s. 24G for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F811Ss. 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)

[F16124HExceptions to section 24G(1)E+W+S

F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E61This section extended to England, Wales and Scotland only; a separate s. 24H exists for Northern Ireland only.

Amendments (Textual)

F161S. 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)

[F81124HExceptions 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.]

Annotations:

Extent Information

E236This section extends to Northern Ireland only; a separate s. 24H for England, Wales and Scotland only repealed (1.10.2010).

Amendments (Textual)

F811Ss. 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)

[F16124JDuties for purposes of section 24G(2)E+W+S

F170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E62This section extended to England, Wales and Scotland only; a separate s. 24J exists for Northern Ireland only.

Amendments (Textual)

F161S. 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)

[F81124JDuties 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 pe