SCHEDULES
E10C1SCHEDULE 1 Provisions Supplementing Section 1
S. 1, Sch. 1 applied (N.I.) (6.4.2005) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), {art. 2(3)}
Impairment
I11
F11
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Regulations may make provision, for the purposes of this Act—
a
for conditions of a prescribed description to be treated as amounting to impairments;
b
for conditions of a prescribed description to be treated as not amounting to impairments.
3
Regulations made under sub-paragraph (2) may make provision as to the meaning of “condition” for the purposes of those regulations.
Long-term effects
E1I22
F31
The effect of an impairment is a long-term effect if—
a
it has lasted at least 12 months;
b
the period for which it lasts is likely to be at least 12 months; or
c
it is likely to last for the rest of the life of the person affected.
2
Where an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur.
3
For the purposes of sub-paragraph (2), the likelihood of an effect recurring shall be disregarded in prescribed circumstances.
4
Regulations may prescribe circumstances in which, for the purposes of this Act—
a
an effect which would not otherwise be a long-term effect is to be treated as such an effect; or
b
an effect which would otherwise be a long-term effect is to be treated as not being such an effect.
Severe disfigurement
E2I33
F41
An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities.
2
Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect.
3
Regulations under sub-paragraph (2) may, in particular, make provision with respect to deliberately acquired disfigurements.
Normal day-to-day activities
I4E34
F51
An impairment is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities only if it affects one of the following—
a
mobility;
b
manual dexterity;
c
physical co-ordination;
d
continence;
e
ability to lift, carry or otherwise move everyday objects;
f
speech, hearing or eyesight;
g
memory or ability to concentrate, learn or understand; or
h
perception of the risk of physical danger.
F6i
taking part in normal social interaction; or
j
forming social relationships
2
Regulations may prescribe—
a
circumstances in which an impairment which does not have an effect falling within sub-paragraph (1) is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities;
b
circumstances in which an impairment which has an effect falling within sub-paragraph (1) is to be taken not to affect the ability of the person concerned to carry out normal day-to-day activities.
Substantial adverse effects
E4I55
F7Regulations may make provision for the purposes of this Act—
a
for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as a substantial adverse effect;
b
for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as not being a substantial adverse effect.
Effect of medical treatment
E5I66
F81
An impairment which would be likely to have a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities, but for the fact that measures are being taken to treat or correct it, is to be treated as having that effect.
2
In sub-paragraph (1) “measures” includes, in particular, medical treatment and the use of a prosthesis or other aid.
3
Sub-paragraph (1) does not apply—
a
in relation to the impairment of a person’s sight, to the extent that the impairment is, in his case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; or
b
in relation to such other impairments as may be prescribed, in such circumstances as may be prescribed.
Persons deemed to be disabled
F12E66A
F91
Subject to sub-paragraph (2), a person who has cancer, HIV infection or multiple sclerosis is to be deemed to have a disability, and hence to be a disabled person.
2
Regulations may provide for sub-paragraph (1) not to apply in the case of a person who has cancer if he has cancer of a prescribed description.
3
A description of cancer prescribed under sub-paragraph (2) may (in particular) be framed by reference to consequences for a person of his having it.
E77
F101
Sub-paragraph (2) applies to any person whose name is, both on 12th January 1995 and on the date when this paragraph comes into force, in the register of disabled persons maintained under section 6 of the M1Disabled Persons (Employment) Act 1944.
2
That person is to be deemed—
a
during the initial period, to have a disability, and hence to be a disabled person; and
b
afterwards, to have had a disability and hence to have been a disabled person during that period.
3
A certificate of registration shall be conclusive evidence, in relation to the person with respect to whom it was issued, of the matters certified.
4
Unless the contrary is shown, any document purporting to be a certificate of registration shall be taken to be such a certificate and to have been validly issued.
5
Regulations may provide for prescribed descriptions of person to be deemed to have disabilities, and hence to be disabled persons, for the purposes of this Act.
F115A
The generality of sub-paragraph (5) shall not be taken to be prejudiced by the other provisions of this Schedule.
6
Regulations may prescribe circumstances in which a person who has been deemed to be a disabled person by the provisions of sub-paragraph (1) or regulations made under sub-paragraph (5) is to be treated as no longer being deemed to be such a person.
7
In this paragraph—
“certificate of registration” means a certificate issued under regulations made under section 6 of the Act of 1944; and“initial period” means the period of three years beginning with the date on which this paragraph comes into force.
Progressive conditions
E8I78
F131
Where—
a
a person has a progressive condition (such as cancer, multiple sclerosis or muscular dystrophy or F14HIV infection),
b
as a result of that condition, he has an impairment which has (or had) an effect on his ability to carry out normal day-to-day activities, but
c
that effect is not (or was not) a substantial adverse effect,
he shall be taken to have an impairment which has such a substantial adverse effect if the condition is likely to result in his having such an impairment.
2
Regulations may make provision, for the purposes of this paragraph—
a
for conditions of a prescribed description to be treated as being progressive;
b
for conditions of a prescribed description to be treated as not being progressive.
F16Interpretation
Sch. 1 para. 9 and cross-heading inserted (E.W.S.) (30.6.2005 for certain purposes, otherwise 5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. {18(5)}, 20(3)-(6); S.I. 2005/1676, { art. 2(2)(f)}; S.I. 2005/2774, art. 3(i) and said Sch. 1 para. 9 and cross-heading inserted (N.I.) (3.7.2006 for certain purposes, otherwise 31.10.2007) by The Disability Discrimination (Northern Ireland) Order (S.I. 2006/312 (N.I. 1)), {art. 18(5)}; S.R. 2006/289, art. 2(2)(e); S.R. 2007/430, art. 2(a)
E99
F15In this Schedule, “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.
SCHEDULE 2 Past Disabilities
E11I81
F17The modifications referred to in section 2 are as follows.
E12I92
E142A
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52E132A
In section 3A(5), after “not having that particular disability” insert “
and who has not had that particular disability
”
.
2B
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F532C
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24E15I103
F25In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) F26, 15C(1) and 16A(4), section 21A(4)(a)
(in the words to be read as section 19(1)(aa)) and section 21A(6)(a)
(in the words to be substituted in section 21(1)), after “not disabled”
(in each place it occurs) insert “
and who have not had a disability
”.
F27E16I114
F554ZA
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4ZB
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32E194A
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54E174A
In section 24(3)(e)(i) and (f)(i), after “having” insert had.
E20F344B
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54E184B
In sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute had not had.
F37F364C
F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F394D
F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F414E
F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E21I125
F43For paragraph 2(1) to (3) of Schedule 1, substitute—
1
The effect of an impairment is a long-term effect if it has lasted for at least 12 months.
2
Where an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect recurs.
3
For the purposes of sub-paragraph (2), the recurrence of an effect shall be disregarded in prescribed circumstances.
F56F446
References in Chapter I of Part III of the 2005 Order to a disabled pupil are to be read as references to a pupil who has had a disability.
F457
References in Chapter II of Part III of the 2005 Order to a disabled student are to be read as references to a student who has had a disability.
F468
In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “
or that he had had a disability
”
.
F479
In Article 16(1) of the 2005 Order, in sub-paragraphs (a) and (b), after “not disabled” insert “
and who have not had a disability
”
.
F4810
1
In Article 29 of the 2005 Order in paragraph (3)(a), after “disabled” insert “
or that he had had a disability
”
;
2
in paragraph (6)(a) of that Article, after “who do not have” insert “
and have not had
”
; and
3
in paragraph (10) of that Article, for “that particular disability” substitute “
and who has not had that particular disability and
”
.
F4911
In Articles 30(1)(c), (1A)(d), (1B)(c), (1C) and (1D) and 37(1)(d), 2(c) and (3) of the 2005 Order, after “not disabled” insert “
and who have not had a disability
”
.
F5012
In Article 35(8) of the 2005 Order after “not having that particular disability” insert “
and who has not had that particular disability
”
.
F5113
In Article 37(4)(b) of the 2005 Order for “has” substitute “
has had
”
.
E33SCHEDULE 3Sections F10717A(8) and 25(6)F108, 31ADA Enforcement and Procedure
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)
Sch. 3: word in side note substituted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(2)(a) and same word substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(2)(a)
Sch. 3: word in sidenote inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), 4(2)
Part I Employment
Conciliation
F571
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on proceedings for breach of Part II
E222
F58F591
Except as provided by Part 2, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under that Part.
2
Sub-paragraph (1) does not prevent the making of an application for judicial review F60 or the investigation or determination of any matter in accordance with Part 10 (investigations) of the Pension Schemes Act 1993 F61 by the Pensions Ombudsman”F62
or the investigation or determination of any matter in accordance with the Part X (investigations: the Pensions Ombudsman) of the Pension Schemes (Northern Ireland) Act 1993 F63 by the Pensions Ombudsman.
F643
Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 16B(2B).
Period within which proceedings must be brought
E233
F681
F3081A
Article 249B of the Employment Rights (Northern Ireland) Order 1996 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a).
1B
Sub-paragraphs (1) and (1A) shall be treated as provisions of the Employment Rights (Northern Ireland) Order 1996 for the purposes of Article 249B of that Order.
2
A tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
3
For the purposes of sub-paragraph (1)—
a
where an unlawful act F67. . . is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;
b
any act extending over a period shall be treated as done at the end of that period; and
c
a deliberate omission shall be treated as done when the person in question decided upon it.
4
In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—
a
when he does an act inconsistent with doing the omitted act; or
b
if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
Evidence
E244
F691
In any proceedings under F70section 17A or 25(8), a certificate signed by or on behalf of a Minister of the Crown and certifying—
a
that any conditions or requirements specified in the certificate were imposed by a Minister of the Crown and were in operation at a time or throughout a time so specified, F71. . .
F71b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be conclusive evidence of the matters certified.
F721A
In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of the Scottish Ministers and certifying that any conditions or requirements specified in the certificate—
a
were imposed by a member of the Scottish Executive, and
b
were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.
1B
In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of the F73Welsh Ministers and certifying that any conditions or requirements specified in the certificate—
a
were imposed by the F74National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, and
b
were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.
2
A document purporting to be such a certificate F75as is mentioned in sub-paragraph (1), (1A) or (1B) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
Part II Discrimination in Other Areas
Restriction on proceedings for breach of Part III
E255
F761
Except as provided by section 25 no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part III.
2
Sub-paragraph (1) does not prevent the making of an application for judicial review.
Period within which proceedings must be brought
E266
F771
A county court or a sheriff court shall not consider a claim under section 25 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.
F782
Where, in relation to proceedings or prospective proceedings under section 25, the dispute concerned is referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by three months.
3
A court may consider any claim under section 25 which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
4
For the purposes of sub-paragraph (1)—
a
where an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;
b
any act extending over a period shall be treated as done at the end of that period; and
c
a deliberate omission shall be treated as done when the person in question decided upon it.
5
In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—
a
when he does an act inconsistent with doing the omitted act; or
b
if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
F87Staying or sisting proceedings on section 21B claim affecting criminal mattersF86Staying proceedings on section 21B claim affecting criminal matters
Sch. 3 paras. 6A, 6B and cross-headings inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(5); S.I. 2005/2774, art. 4
Sch. 3 paras. 6A, 6B inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 29(3); S.R. 2007/466, art. 2(2)(l)
F87E296A
F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86E276A
1
Sub-paragraph (2) applies where a party to proceedings under section 25 which have arisen by virtue of section 21B(1) has applied for a stay of those proceedings on the grounds of prejudice to—
a
particular criminal proceedings;
b
a criminal investigation; or
c
a decision to institute criminal proceedings.
2
The court shall grant the stay unless it is satisfied that the continuance of the proceedings under section 25 would not result in the prejudice alleged.
F86F87Restriction of remedies for section 21B claim relating to criminal matters
F87E306B
F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86E286B
1
Sub-paragraph (2) applies to a remedy other than—
a
damages; or
b
a declaration.
2
In proceedings under section 25, the remedy shall be obtainable in respect of a relevant discriminatory act only if the court is satisfied that—
a
no criminal investigation,
b
no decision to institute criminal proceedings, and
c
no criminal proceedings,
would be prejudiced by the remedy.
3
In sub-paragraph (2) “relevant discriminatory act” means an act—
a
which is done, or by virtue of section 57 or 58 is treated as done by a person—
i
in carrying out public investigator functions, or
ii
in carrying out functions as a public prosecutor; and
b
which is unlawful by virtue of section 21B(1).
Compensation for injury to feelings
E317
F81In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.
Evidence
E328
F821
In any proceedings under section 25, a certificate signed by or on behalf of a Minister of the Crown and certifying—
a
that any conditions or requirements specified in the certificate were imposed by a Minister of the Crown and were in operation at a time or throughout a time so specified, or
b
that an act specified in the certificate was done for the purpose of safeguarding national security,
shall be conclusive evidence of the matters certified.
2
A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
F833
In any proceedings under section 25, a certificate signed by or on behalf of the Scottish Ministers and certifying that any conditions or requirements specified in the certificate—
a
were imposed by a member of the Scottish Executive, and
b
were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.
4
In any proceedings under section 25, a certificate signed by or on behalf of the F84Welsh Ministers and certifying that any conditions or requirements specified in the certificate—
a
were imposed by the F85National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, and
b
were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.
5
A document purporting to be such a certificate as is mentioned in sub-paragraph (3) or (4) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
F94Part 3 DISCRIMINATION IN SCHOOLS
Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F889Restriction on proceedings for breach of Part 4, Chapter 1
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9010Period within which proceedings must be brought
F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9211Evidence
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103Part 4 DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS
Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), Sch. 3 para. 2 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F9512Restriction on proceedings for breach of Part 4, Chapter 2
F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9713Period within which proceedings must be brought
F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9914Compensation for injury to feelings
F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10115Evidence
F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F109Part 5Discrimination in General Qualifications Bodies
Sch. 3 Pt. 5 (paras. 16-18 and cross-headings) inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), 4(3) (with reg. 14)
Restriction on proceedings for breach of Part 4, Chapter 2A
16
F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Period within which proceedings must be brought
17
F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidence
18
F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F298SCHEDULE 3AVALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS
Sch. 3A inserted (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), reg. 16(2), {Sch.}
PART Ivalidity and revision of contracts
1
1
A term of a contract is void where –
a
the making of the contract is, by reason of the inclusion of the term, unlawful by virtue of this Part of this Act;
b
it is included in furtherance of an act which is unlawful by virtue of this Part of this Act; or
c
it provides for the doing of an act which is unlawful by virtue of this Part of this Act.
2
Sub-paragraph (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against, or harassment of, a party to the contract, but the term shall be unenforceable against that party.
3
A term in a contract which purports to exclude or limit any provision of this Part of this Act is unenforceable by any person in whose favour the term would operate apart from this paragraph.
4
Sub-paragraphs (1), (2) and (3) apply whether the contract was entered into before or after the date on which this Schedule comes into operation; but in the case of a contract made before that date, those sub-paragraphs do not apply in relation to any period before that date.
2
1
Paragraph 1(3) does not apply –
a
to a contract settling a complaint to which section 17A(1) or 25(8) applies where the contract is made with the assistance of the Agency; or
b
to a contract settling a complaint to which section 17A(1) or 25(8) applies if the conditions regulating compromise contracts under this Schedule are satisfied in relation to the contract.
2
The conditions regulating compromise contracts under this Schedule are that –
a
the contract must be in writing;
b
the contract must relate to the particular complaint;
c
the complainant must have received advice from a relevant independent adviser as to the terms and effect of the proposed contract and in particular its effect on his ability to pursue a complaint before an industrial tribunal;
d
there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice;
e
the contract must identify the adviser; and
f
the contract must state that the conditions regulating compromise contracts under this Schedule are satisfied.
3
A person is a relevant independent adviser for the purposes of sub-paragraph (2)(c) –
a
if he is a qualified lawyer;
b
if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union; F110. . .
c
if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre.F111; or
d
if he is a person of a description specified in an order made by the Office.
4
But a person is not a relevant independent adviser for the purposes of sub-paragraph (2)(c) in relation to the complainant –
a
if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party;
b
in the case of a person within sub-paragraph (3)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party; or
c
in the case of a person within sub-paragraph (3)(c), if the complainant makes a payment for the advice received from him.
5
In sub-paragraph (3)(a) “qualified lawyer” means a barrister (whether in practice as such or employed to give legal advice) or a solicitor who holds a practising certificate.
6
In sub-paragraph (3)(b) “independent trade union” has the same meaning as in the Industrial Relations (Northern Ireland) Order 1992 F112.
7
For the purposes of sub-paragraph (4)(a) any two persons are to be treated as connected –
a
if one is a company of which the other (directly or indirectly) has control; or
b
if both are companies of which a third person (directly or indirectly) has control.
8
An agreement under which the parties agree to submit a dispute to arbitration –
a
shall be regarded for the purposes of sub-paragraph (1)(a) and (b) as being a contract settling a complaint if –
i
the dispute is covered by a scheme having effect by virtue of an order under Article 84A of the Industrial Relations (Northern Ireland) Order 1992 F113, and
ii
the agreement is to submit it to arbitration in accordance with the scheme; but
b
shall be regarded as neither being nor including such a contract in any other case.
3
1
On the application of a disabled person interested in a contract to which paragraph 1(1) or (2) applies, a county court may make such order as it thinks fit for –
a
removing or modifying any term rendered void by paragraph 1(1), or
b
removing or modifying any term made unenforceable by paragraph 1(2);
but such an order shall not be made unless all persons affected have been given notice in writing of the application (except where under county court rules notice may be dispensed with) and have been afforded an opportunity to make representations to the court.
2
An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into operation of this Schedule).
PART IIcollective agreements and rules of undertakings
4
1
This Part of this Schedule applies to –
a
any term of a collective agreement, including an agreement which was not intended, or is presumed not to have been intended, to be a legally enforceable contract;
b
any rule made by an employer for application to all or any of the persons who are employed by him or who apply to be, or are, considered by him for employment;
c
any rule made by a trade organisation (within the meaning of section 13) or a qualifications body (within the meaning of section 14A) for application to –
i
all or any of its members or prospective members; or
ii
all or any of the persons on whom it has conferred authorisations or qualifications or who are seeking the authorisations or qualifications which it has power to confer.
2
Any term or rule to which this Part of this Schedule applies is void where –
a
the making of the collective agreement is, by reason of the inclusion of the term, unlawful by virtue of this Part of this Act;
b
the term or rule is included in furtherance of an act which is unlawful by virtue of this Part of this Act; or
c
the term or rule provides for the doing of an act which is unlawful by virtue of this Part of this Act.
3
Sub-paragraph (2) applies whether the agreement was entered into, or the rule made, before or after the date on which this Schedule comes into operation; but in the case of an agreement entered into, or a rule made, before the date on which this Schedule comes into operation, that sub-paragraph does not apply in relation to any period before that date.
5
A disabled person to whom this paragraph applies may present a complaint to an industrial tribunal that a term or rule is void by virtue of paragraph 4 if he has reason to believe –
a
that the term or rule may at some future time have effect in relation to him; and
b
where he alleges that it is void by virtue of paragraph 4(2)(c), that –
i
an act for the doing of which it provides, may at some such time be done in relation to him, and
ii
the act would be unlawful by virtue of this Part of this Act if done in relation to him in present circumstances.
6
In the case of a complaint about –
a
a term of a collective agreement made by or on behalf of –
i
an employer,
ii
an organisation of employers of which an employer is a member, or
iii
an association of such organisations of one of which an employer is a member, or
b
a rule made by an employer within the meaning of paragraph 4(1)(b),
paragraph 5 applies to any disabled person who is, or is genuinely and actively seeking to become, one of his employees.
7
In the case of a complaint about a rule made by an organisation or body to which paragraph 4(1)(c) applies, paragraph 5 applies to any disabled person –
a
who is, or is genuinely and actively seeking to become, a member of the organisation or body;
b
on whom the organisation or body has conferred an authorisation or qualification; or
c
who is genuinely and actively seeking an authorisation or qualification which the organisation or body has power to confer.
8
1
When an industrial tribunal finds that a complaint presented to it under paragraph 5 is well-founded the tribunal shall make an order declaring that the term or rule is void.
2
An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into operation of this Schedule).
9
The avoidance by virtue of paragraph 4(2) of any term or rule which provides for any person to be discriminated against shall be without prejudice to the following rights (except in so far as they enable any person to require another person to be treated less favourably than himself), namely –
a
such of the rights of the person to be discriminated against, and
b
such of the rights of any person who will be treated more favourably in direct or indirect consequence of the discrimination,
as are conferred by or in respect of a contract made or modified wholly or partly in pursuance of, or by reference to, that term or rule.
PART IIIinterpretation
10
In this Schedule “collective agreement” means any agreement relating to one or more of the matters mentioned in Article 96(1) of the Industrial Relations (Northern Ireland) Order 1992 (meaning of trade dispute), being an agreement made by or on behalf of one or more employers or one or more organisations of employers or associations of such organisations with one or more organisations of workers or associations of such organisations.
F114C211
Any reference in this Schedule to this Part of this Act shall be taken to include a reference to Part III of this Act, to the extent that it relates to—
a
the provision of employment services; or
b
the provision under a group insurance arrangement of facilities by way of insurance.
F11512
Where a term to which section 26(1A)(c) applies is a term in an agreement which is not a contract, Part I of this Schedule shall have effect as if the agreement were a contract.
F299SCHEDULE 3AVALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS
Sch. 3A inserted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 16(2), Sch.
Part 1VALIDITY AND REVISION OF CONTRACTS
E341
F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E352
F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E363
F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS
E374
F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E385
F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E396
F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E407
F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E418
F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E429
F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 3INTERPRETATION
E4310
F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E4411
F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E4512
F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E57SCHEDULE 4 Premises Occupied Under Leases
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)
Sch. 4 : word in side note substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(a) and said words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(a)
Sch. 4: words in shoulder note inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), {6(2)}
C6Part I Occupation by F140EMPLOYER etc
Sch. 4 Pt. 1: words in heading substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(b) and said words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(b)
Pt. 1 modified (E.W.S.) (1.10.2004) by The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations 2004 (S.I. 2004/153), regs. 4-9 and said Part 1 modified (N.I.) (1.10.2004) by the Disability Discrimination (Employment Field) (Leasehold Premises) Regulations (Northern Ireland) 2004 (S.R. 2004/374), regs. 4-9
Failure to obtain consent to alteration
E46C31
F128If any question arises as to whether the occupier has failed to comply with F129any duty to make reasonable adjustments, by failing to make a particular alteration to the premises, any constraint attributable to the fact that he occupies the premises under a lease is to be ignored unless he has applied to the lessor in writing for consent to the making of the alteration.
Joining lessors in proceedings under F134section 17A F135. . .
Sch. 4: words in cross-heading preceding para. 2 substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(d) and same words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(d)
Sch. 4 para. 2: words in heading omitted (E.W.S.) (5.12.2005) by virtue of Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(2)(a); S.I. 2005/2774, art. 3(j) and same words omitted (N.I.) (31.12.2007) by virtue of The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(2)(a); S.R. 2007/466, art. 2(2)(l)
E47C42
F1301
2
The request shall be granted if it is made before the hearing of the complaint begins.
3
The tribunal may refuse the request if it is made after the hearing of the complaint begins.
4
The request may not be granted if it is made after the tribunal has determined the complaint.
5
Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine—
a
whether the lessor has—
i
refused consent to the alteration, or
ii
consented subject to one or more conditions, and
b
if so, whether the refusal or any of the conditions was unreasonable,
6
If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—
a
make such declaration as it considers appropriate;
b
make an order authorising the occupier to make the alteration specified in the order;
c
order the lessor to pay compensation to the complainant.
7
An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.
8
Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under F133section 17A(2).
9
If the tribunal orders the lessor to pay compensation it may not make an order under F133section 17A(2) ordering the occupier to do so.
Regulations
E48I13C53
F136Regulations may make provision as to circumstances in which—
a
a lessor is to be taken, for the purposes of F137section 18A and this Part of this Schedule to have—
i
withheld his consent;
ii
withheld his consent unreasonably;
iii
acted reasonably in withholding his consent;
b
a condition subject to which a lessor has given his consent is to be taken to be reasonable;
c
a condition subject to which a lessor has given his consent is to be taken to be unreasonable.
Sub-leases etc.
E49I144
C7C8Part II Occupation by F149persons subject to a duty under section 21, 21E or 21H
Sch. 4 Pt. 2: words in heading substituted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(3); S.I. 2005/2774, art. 4(f) and said words substituted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(3); S.R. 2007/466, art. 2(l)
Sch. 4 Pt. II modified (1.10.2004) by S.I. 2001/3253, reg. 9
Failure to obtain consent to alteration
E505
F141If any question arises as to whether the occupier has failed to comply with the section 21 duty F142or the duty imposed under section 21E or 21H, by failing to make a particular alteration to premises, any constraint attributable to the fact that he occupies the premises under a lease is to be ignored unless he has applied to the lessor in writing for consent to the making of the alteration.
Reference to court
E516
F1431
If the occupier has applied in writing to the lessor for consent to the alteration and—
a
that consent has been refused, or
b
the lessor has made his consent subject to one or more conditions,
the occupier or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.
2
In the following provisions of this Schedule “court” includes “sheriff”.
3
On such a reference the court shall determine whether the lessor’s refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.
4
If the court determines—
a
that the lessor’s refusal was unreasonable, or
b
that the condition is, or any of the conditions are, unreasonable,
it may make such declaration as it considers appropriate or an order authorising the occupier to make the alteration specified in the order.
5
An order under sub-paragraph (4) may require the occupier to comply with conditions specified in the order.
Joining lessors in proceedings under section 25
E527
F1441
In any proceedings on a claim F145under section 25 in a case to which section 27 applies, other than a claim presented as a complaint under section 25(8), the plaintiff, the pursuer or the occupier concerned may ask the court to direct that the lessor be joined or sisted as a party to the proceedings.
2
The request shall be granted if it is made before the hearing of the claim begins.
3
The court may refuse the request if it is made after the hearing of the claim begins.
4
The request may not be granted if it is made after the court has determined the claim.
5
Where a lessor has been so joined or sisted as a party to the proceedings, the court may determine—
a
whether the lessor has—
i
refused consent to the alteration, or
ii
consented subject to one or more conditions, and
b
if so, whether the refusal or any of the conditions was unreasonable.
6
If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—
a
make such declaration as it considers appropriate;
b
make an order authorising the occupier to make the alteration specified in the order;
c
order the lessor to pay compensation to the complainant.
7
An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.
8
If the court orders the lessor to pay compensation it may not order the occupier to do so.
F151F150Joining lessors in proceedings relating to group insurance or employment services
Sch. 4 para. 7A and cross-heading inserted ((N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(6); S.R. 2007/466, art. 2(2)(l)
Sch. 4 para. 7A and cross-heading inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(6); S.I. 2005/2774, art. 3(j)
F150E537A
F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F151E547A
1
In any proceedings on a complaint under section 25(8) in a case to which section 27 applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined as a party to the proceedings.
2
The request shall be granted if it is made before the hearing of the complaint begins.
3
The tribunal may refuse the request if it is made after the hearing of the complaint begins.
4
The request may not be granted if it is made after the tribunal has determined the complaint.
5
Where a lessor has been so joined as a party to the proceedings, the tribunal may determine—
a
whether the lessor has—
i
refused consent to the alteration, or
ii
consented subject to one or more conditions; and
b
if so, whether the refusal or any of the conditions was unreasonable.
6
If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—
a
make such declaration as it considers appropriate;
b
make an order authorising the occupier to make the alteration specified in the order;
c
order the lessor to pay compensation to the complainant.
7
An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.
8
Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 17A(2).
9
If the tribunal orders the lessor to pay compensation it may not make an order under section 17A(2) ordering the occupier to do so.
Regulations
E55I158
F147Regulations may make provision as to circumstances in which—
a
a lessor is to be taken, for the purposes of section 27 and this Part of this Schedule to have—
i
withheld his consent;
ii
withheld his consent unreasonably;
iii
acted reasonably in withholding his consent;
b
a condition subject to which a lessor has given his consent is to be taken to be reasonable;
c
a condition subject to which a lessor has given his consent is to be taken to be unreasonable.
Sub-leases etc.
E56I169
F148The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 27 or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.
F162C9C10Part 3 OCCUPATION BY EDUCATIONAL INSTITUTIONS
Sch. 4 Pt. 3 (paras. 10-14) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 31(2), Sch. 6 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
Sch. 4 Pt. 3 (paras. 10-14) modified (28.6.2002) by S.I. 2002/1458, reg. 7 (which Regulations were revoked (1.5.2005) by S.I. 2005/1070, reg. 8)
Sch. 4 Pt. 3 modified (1.5.2005) by The Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulations 2005, {reg. 7}
F15210Failure to obtain consent
F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15411Reference to court
F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15612Joining lessors in proceedings under section 28V
F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15813Regulations
F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16014Sub-leases etc.
F161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F168PART 4Occupation by General Qualifications Bodies
Sch. 4 Pt. 4 inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), 6(3) (with regs. 8-13)
Failure to obtain consent to alteration
15
F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reference to court
16
F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Joining lessors in proceedings under section 31ADA
17
F165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F171SCHEDULE 4A RESPONSIBLE BODIES FOR SCHOOLS
Sch. 4A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(2), Sch. 2 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
1
F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F176SCHEDULE 4B RESPONSIBLE BODIES FOR EDUCATIONAL INSTITUTIONS
Sch. 4B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 26(2), Sch. 4 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F1721
F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1742
F175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F300SCHEDULE 4CMODIFICATIONS OF CHAPTER 2 OF PART 4
Sch. 4C substituted (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1(2)(3), 21
Part 1Modifications for England and Wales – Further Education, etc Provided by F182Local Authorities
Words in Sch. 4C Part. 1 heading substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 40(10)
1
F177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 1AModifications for England and Wales – Further Education Provided by Schools, etc
6
F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
F189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2Modifications for Scotland – Further Education
13
F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
F191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
F192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
F193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
F194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2AModifications for Scotland – Recreational or Training Facilities
18
F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
F198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22
F199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
F200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24
F201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F218F219SCHEDULE 5 The National Disability Council
Sch. 5 repealed (E.W.S.)(25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix
Sch. 5 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch.
F203 Status
Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix and Sch. 5 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch.
1
F202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F205 Procedure
Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix and Sch. 5 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch.
2
F204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F207 Membership
Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix and Sch. 5 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch.
3
F206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F209 Term of office of members
Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix and Sch. 5 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch.
4
F208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F211 Remuneration
Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix and Sch. 5 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch.
5
F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213 Staff
Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix and Sch. 5 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch.
6
F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F215 Supplementary regulation-making power
Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix and Sch. 5 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch.
7
F214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F217 Annual report
Sch. 5 repealed (E.W.S.) (25.4.2000) by 1999 c. 17, s. 14(2), Sch. 5 (with s. 15); S.I. 2000/880, art. 2, Sch. 2 Appendix and Sch. 5 repealed (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with art. 17); S.R. 2000/140, art. 2, Sch.
8
F216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E64SCHEDULE 6 Consequential Amendments
In its application to Northern Ireland, this Schedule has effect as substituted by Sch. 8 para. 53, and the Schedule is amended (N.I.) (24.9.1996) by S.I. 1996/1919 (N.I. 16), art. 257, Sch. 3 (with Sch. 2)
Employment and Training Act 1973 (c. 50)
E581
F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment Protection (Consolidation) Act 1978 (c. 44)
E592
F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F222E603
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Companies Act 1985 (c. 6)
E614
F223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government and Housing Act 1989 (c. 42)
E625
F224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enterprise and New Towns (Scotland) Act 1990 (c. 35)
E636
F225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I17E65SCHEDULE 7 Repeals
Sch. 7 not in force at Royal Assent see s. 70(3); Sch. 7 in force for specified purposes (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2 (3), Sch. Pt. III (with art. 3); Sch. 7 in force for specified purposes (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II (with art. 3)
In its application to Northern Ireland, this Schedule has effect as substituted by Sch. 8 para. 53; see s. 70(6)
Act 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)
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E67SCHEDULE 8 Modifications of this Act in its application to Northern Ireland
Sch. 8 extends to the United Kingdom but the operation of Sch. 8 is limited by application as mentioned in s. 70(6).
1
F227In its application to Northern Ireland this Act shall have effect subject to the following modifications.
2
F2281
F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In section 3 for subsections (4) to (12) substitute—
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—
“the Department” means the Department of Economic Development;
“guidance” means guidance issued by the Department under this section and includes guidance which has been revised and re-issued;
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.
3
4
F2311
F302. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2322
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2323
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
6
F2331
F304. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2357
F236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2378
F305. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F2381
In section 19(3)(g) for “section 2 of the Employment and Training Act 1973” substitute “
sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950
”.
2
F239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F240In section 20(7) for paragraphs (b) and (c) substitute
; or
b
functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986 are exercisable in relation to a disabled person’s property or affairs.
11
F241In section 22(4) and (6) omit “or (in Scotland) the subject of”.
12
F2421
In section 25(1) omit “or (in Scotland) in reparation”.
2
In section 25(3) for “England and Wales” substitute “
Northern Ireland
”.
3
Omit section 25(4).
4
In section 25(5) omit the words from“or” to the end.
13
F243In section 26(3) omit “or a sheriff court”.
F244F24514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
F246Omit sections 29, 30 and 31.
16
F2471
In section 32(1) for “Secretary of State” substitute “
Department of the Environment
”.
2
In section 32(5) for the definition of “taxi” substitute—
“taxi” means a vehicle which—
a
is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to stand or ply for hire; and
b
seats not more than 8 passengers in addition to the driver
17
F248In section 33, for “Secretary of State”, wherever it occurs, substitute “
Department of the Environment
”.
18
F249For section 34 substitute—
34New licences conditional on compliance with accessibility taxi regulations
1
The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.
2
Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.
3
The Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order.
19
F250Omit section 35.
20
F251In section 36(7) for “licensing authority” substitute “
Department of the Environment
”.
21
F2521
In section 37(5) and (6) for “licensing authority” substitute “
Department of the Environment
”.
2
In section 37(9) for “Secretary of State” substitute “
Department of the Environment
”.
F25321A
F2541
In section 37A(5) and (6) for “licensing authority” substitute “Department of the Environment”.
2
In section 37A(9) for the definitions of “driver”, “licensing authority”, “operator” and “private hire vehicle” substitute—
“
“driver” means a person who holds a taxi driver’s licence under Article 79A of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1));“operator” means a person who in the course of a business makes provision for the invitation or acceptance of bookings for a private hire vehicle;“private hire vehicle” means a vehicle which—- a
seats not more than 8 passengers in addition to the driver; and - b
is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to carry passengers for hire (but not to stand or ply for hire). ”.
- a
22
F2551
In section 38(1) for “a licensing authority” substitute “
the Department of the Environment
”.
2
In section 38(2) for “licensing authority concerned” substitute “
Department of the Environment
”.
3
F256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
F257Omit section 39.
24
F2581
In section 40 for “Secretary of State” wherever it occurs substitute “
Department of the Environment
”.
2
In section 40(5) for the definition of “public service vehicle” substitute—
“public service vehicle” means a vehicle which—
a
seats more than 8 passengers in addition to the driver; and
b
is a public service vehicle for the purposes of the Road Traffic (Northern Ireland) Order 1981;
3
In section 40(7) for the words from “the Disabled” to the end substitute “
such representative organisations as it thinks fit
”.
25
F2591
In section 41(2) for “Secretary of State” substitute “
Department of the Environment
”.
2
In section 41 for subsections (3) and (4) substitute—
3
Any person who uses a regulated public service vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
26
F2601
In section 42 for “Secretary of State” wherever it occurs substitute “
Department of the Environment
”.
2
In section 42(1) for “he” substitute “
it
”.
3
In section 42(6) for “his” substitute “
its
”.
27
F261In section 43 for “Secretary of State” wherever it occurs substitute “
Department of the Environment
”.
28
F2621
In section 44 for “Secretary of State” wherever it occurs substitute “
Department of the Environment
”.
2
In section 44(2) for “him” substitute “
it
”.
3
In section 44(6) for “he” substitute “
it
” and for “his” substitute “
its
”.
29
F2631
In section 45 for “Secretary of State” wherever it occurs substitute “
Department of the Environment
”.
2
In section 45(2) for “him” substitute “
it
” and at the end add “
of Northern Ireland
”.
3
In section 45(4) for “he” substitute “
it
”.
30
F2641
In section 46 for “Secretary of State” wherever it occurs substitute “
Department of the Environment
”.
2
In section 46(6) in the definition of “rail vehicle” for the words “on any railway, tramway or prescribed system” substitute “
by rail
”.
3
Omit section 46(7).
4
In section 46(11) for the words from “the Disabled” to the end substitute “
such representative organisations as it thinks fit
”.
31
F2651
In section 47 for “Secretary of State” wherever it occurs substitute “
Department of the Environment
”.
2
In section 47(3) for the words “the Disabled Persons Transport Advisory Committee and such other persons as he” substitute “
such persons as it
” and for “he” substitute “
it
”.
32
F266Omit section 48(3).
F267F26833
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26934
F270F2691
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2692
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In section 51(4) for “a county court or a sheriff court” substitute “
or a county court
”.
4
In section 51(6) for “the Secretary of State” substitute “
a Northern Ireland department
”.
F27135
F272For section 52 substitute—
52Further provisions about codes issued under section 51.
1
In this section—
“proposal” means a proposal made byF273the Equality Commission for Northern Irelandto a Northern Ireland department under section 51;
“responsible department”—
- a
in relation to a proposal, means the Northern Ireland department to which the proposal is made,- b
in relation to a code, means the Northern Ireland department by which the code is issued; and
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.
2
In preparing any proposal,F273the Equality Commission for Northern Irelandshall consult—
a
such persons (if any) as the responsible department has specified in making its request toF273the Equality Commission for Northern Ireland; and
b
such other persons (if any) asF273the Equality Commission for Northern Irelandconsiders appropriate.
3
Before making any proposalF273the Equality Commission for Northern Irelandshall publish a draft, consider any representations made to it about the draft and, if it thinks it appropriate, modify its proposal in the light of any of those representations.
4
WhereF273the Equality Commission for Northern Irelandmakes any proposal, the responsible department may—
a
approve it;
b
approve it subject to such modifications as that department thinks appropriate; or
c
refuse to approve it.
5
Where the responsible department approves any proposal (with or without modifications) that department shall prepare a draft of the proposed code and lay it before the Assembly.
6
If, within the statutory period, the Assembly resolves not to approve the draft, the responsible department shall take no further steps in relation to the proposed code.
7
If no such resolution is made within the statutory period, the responsible department shall issue the code in the form of its draft.
8
The code shall come into force on such date as the responsible department may appoint by order.
9
Subsection (6) does not prevent a new draft of the proposed code from being laid before the Assembly.
10
If the responsible department refuses to approve a proposal, that department shall giveF273the Equality Commission for Northern Irelanda written statement of the department’s reasons for not approving it.
11
The responsible department may by order revoke a code.
36
F2741
In section 53 for “Secretary of State” wherever it occurs substitute “
Department of Economic Development
”.
2
In section 53(1) for “he” substitute “it”.
3
In section 53(5) for “a county court or a sheriff court” substitute “
or a county court
”.
37
F275For section 54 substitute—
54Further provisions about codes issued under section 53.
1
In preparing a draft of any code under section 53, the Department shall consult such organisations representing the interests of employers or of disabled persons in, or seeking, employment as the Department considers appropriate.
2
Where the Department proposes to issue a code, the Department shall publish a draft of the code, 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.
3
If the Department decides to proceed with the code, the Department shall lay a draft of it before the Assembly.
4
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 code.
5
If no such resolution is made within the statutory period, the Department shall issue the code in the form of its draft.
6
The code shall come into force on such date as the Department may appoint by order.
7
Subsection (4) does not prevent a new draft of the proposed code from being laid before the Assembly.
8
The Department may by order revoke a code.
9
In this section—
“the Department” means the Department of Economic Development; and
“statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.
38
F276In section 56(2) and (4) for “Secretary of State” substitute “
Department of Economic Development
”.
39
F277In section 59(1) after “Crown” where it twice occurs insert “
or a Northern Ireland department
”.
40
F2781
In section 60(1) to (3) for “Secretary of State” wherever it occurs substitute “
Department of Economic Development
” and for “he” and “him” wherever they occur substitute “
it
”.
2
In section 60(4) for “Treasury” substitute “
Department of Finance and Personnel in Northern Ireland
”.
3
For section 60(6) substitute—
6
The Department of Economic Development may by order repeal section 17 of, and Schedule 2 to, the Disabled Persons (Employment) Act (Northern Ireland) 1945 (district advisory committees).
4
In section 60(7) omit “paragraph (b) of”, for “1944” substitute “
1945
”and omit “in each case”.
5
In section 60, omit subsection (8).
41
F279For section 61 substitute—
61Amendments of Disabled Persons (Employment) Act (Northern Ireland) 1945.
1
Section 15 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 (which gives the Department of Economic Development power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5).
2
In subsection (1)—
a
for “persons registered as handicapped by disablement” substitute“ disabled persons ”;
b
for “their disablement” substitute“ their disability ”; and
c
for “are not subject to disablement” substitute“ do not have a disability ”.
3
In subsection (2) for the words from “any of one or more companies” to “so required and prohibited” substitute“ any company, association or body ”.
4
After subsection (2) insert—
2A
The only kind of company which the Department itself may form in exercising its powers under this section is a company which is—
a
required by its constitution to apply its profits, if any, or other income in promoting its objects; and
b
prohibited by its constitution from paying any dividend to its members.
5
After subsection (5) insert—
5A
For the purposes of this section—
a
a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and
b
“disability” has the same meaning as in that Act.
6
The provisions of section 16 of the Act of 1945 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert—
and whose disability is due to that service.
2
or the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.
7
The following provisions of the Act of 1945 shall cease to have effect—
a
section 1 (definition of “disabled person”);
b
sections 2 to 4 (training for disabled persons);
c
sections 6 to 8 (the register of disabled persons);
d
sections 9 to 11 (obligations on employers with substantial staffs to employ quota of registered persons);
e
section 12 (the designated employment scheme for persons registered as handicapped by disablement);
f
section 13 (interpretation of provisions repealed by this Act);
g
section 14 (records to be kept by employer);
h
section 19 (proceedings in relation to offences);
j
sections 21 and 22 (supplementary).
8
Any statutory provision in which “disabled person” is defined by reference to the Act of 1945 shall be construed as if that expression had the same meaning as in this Act.
42
F2801
In section 62(2) for “Secretary of State” substitute “
Department of Economic Development
”.
F2812
In section 62(7) for “Great Britain” where it twice occurs substitute “
Northern Ireland
”.
43
F282Omit section 63.
44
F2831
In section 64(3) for “England and Wales” substitute “
Northern Ireland
”.
2
Omit section 64(4).
3
F306. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In section 64(8)—
a
omit the definitions of “British Transport Police”, “Royal Parks Constabulary” and “United Kingdom Atomic Energy Authority Constabulary”;
b
in the definition of “the 1947 Act” at the end add “
as it applies both in relation to the Crown in right of Her Majesty’s Government in Northern Ireland and in relation to the Crown in right of Her Majesty’s Government in the United Kingdom
”;
c
F307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
F307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
in the definition of “service for purposes of a Minister of the Crown or government department” at the end add “
or service as the head of a Northern Ireland department
”.
45
F284Omit section 65.
46
F285For section 67 substitute—
67Regulations and orders etc.
1
Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
2
Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.
3
Any such power, includes power—
a
to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and
b
to provide for a person to exercise a discretion in dealing with any matter.
4
F286. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Any other order made under this Act, other than an order under section 3(9),F28754A(6)(a)or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
6
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.
7
Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule.
8
Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).
47
F2881
For section 68(1) substitute—
1
In this Act—
“accessibility certificate” means a certificate issued under section 41(1)(a);
“act” includes a deliberate omission;
“the Agency” means the Labour Relations Agency;
“approval certificate” means a certificate issued under section 42(4);
“the Assembly” means the Northern Ireland Assembly;
“benefits”, in Part II, has the meaning given in section 4(4);
“the Department of Economic Development” means the Department of Economic Development in Northern Ireland;
“the Department of the Environment” means the Department of the Environment for Northern Ireland;
“the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland;
“employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly;
“employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (5);
“enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954;
“government department” means a Northern Ireland department or a department of the Government of the United Kingdom;
“Minister of the Crown” includes the Treasury;
“Northern Ireland department” includes (except in sections 51 and 52) the head of a Northern Ireland department;
“occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;
“premises”, includes land of any description;
“prescribed” means prescribed by regulations;
“profession” includes any vocation or occupation;
“provider of services” has the meaning given in section 19(2)(b);
“public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;
“PSV accessibility regulations” means regulations made under section 40(1);
“rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;
“rail vehicle accessibility regulations” means regulations made under section 46(1);
“regulations” means—
- a
in Parts I and II of this Act, section 66, the definition of “employment” above and subsections (3) and (4) below, regulations made by the Department of Economic Development;- b
in Part V of this Act, regulations made by the Department of the Environment;- c
in any other provision of this Act, regulations made by the Department of Health and Social Services.
“section 6 duty” means any duty imposed by or under section 6;
“section 15 duty” means any duty imposed by or under section 15;
“section 21 duty” means any duty imposed by or under section 21;
“taxi” and “regulated taxi” have the meaning given in section 32;
“taxi accessibility regulations” means regulations made under section 32(1);
“trade” includes any business;
“trade organisation” has the meaning given in section 13;
“vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42.
F2892
In section 68—
a
for subsection (2) substitute—
“
2
Where an employee does his work wholly outside Northern Ireland, his employment is not to be treated as being work at an establishment in Northern Ireland. ”; and
b
in subsections (3) and (4) for “Great Britain” wherever it occurs substitute “Northern Ireland”.
48
F2901
In section 70(3) for “Secretary of State” substitute “
Department of Health and Social Services
”.
2
In section 70(8) for “the Secretary of State” substitute “
a Northern Ireland department
” and for “him” substitute “
it
”.
49
F2911
In Schedule 1 in paragraph 7(1) for “Act 1944” substitute “
Act (Northern Ireland) 1945
”.
2
In Schedule 1 in paragraph 7(7) for “1944” substitute “
1945
”.
50
F2921
In Schedule 3 in paragraph 1—
a
for “a conciliation officer” wherever it occurs substitute “
the Agency
”;
b
in sub-paragraphs (1) and (4) for “he” substitute “
it
”;
c
in sub-paragraph (3) for “the conciliation officer” substitute “
the Agency
”.
2
In Schedule 3 for paragraph 4(1) substitute—
1
In any proceedings under section 8—
a
a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or
b
a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,
shall be conclusive evidence of the matters certified.
3
In Schedule 3 in paragraph 6(1) omit “or a sheriff court”.
4
In Schedule 3 for paragraph 8(1) substitute—
1
In any proceedings under section 25—
a
a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or
b
a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,
shall be conclusive evidence of the matters certified.
51
F2931
In Schedule 4 in paragraphs 2(1) and (5) and 7(1) and (5) omit “or sisted”.
2
In Schedule 4 in paragraph 4 for “Secretary of State” substitute “
Department of Economic Development
”.
3
In Schedule 4 in paragraph 6(1) omit “or, in Scotland, to the sheriff”.
4
In Schedule 4 omit paragraph 6(2).
5
In Schedule 4 in paragraph 9 for “Secretary of State” substitute “
Department of Health and Social Services
”.
F294F29552
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53
F296For Schedules 6 and 7 substitute—
SCHEDULE 6Consequential Amendments
The Industrial Relations (Northern Ireland) Order 1976 (NI 16)
1
In Article 68(6) of the Industrial Relations (Northern Ireland) Order 1976 (reinstatement or re-engagement of dismissed employees)—
a
in the definition of “relevant complaint of dismissal”, omit “or” and at the end insert“ or a complaint under section 8 of the Disability Discrimination Act 1995 arising out of a dismissal ”;
b
in the definition of “relevant conciliation powers”, omit “or” and at the end insert“ or paragraph 1 of Schedule 3 to the Disability Discrimination Act 1995 ”;
c
in the definition of “relevant compromise contract” for “or Article” substitute“ Article ”and at the end insert“ or section 9(2) of the Disability Discrimination Act 1995 ”.
The Companies (Northern Ireland) Order 1986 (NI 6)
3
F297. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7Repeals
Chapter
Short title
Extent of repeal
1945 c. 6 (N.I.)
The Disabled Persons (Employment) Act (Northern Ireland) 1945.
Sections 1 to 4.
Sections 6 to 14.
In section 16 the words “vocational training and industrial rehabilitation courses and”, the words “courses and” and the words from “and in selecting” to “engagement”.
Section 19.
Section 21.
Section 22.
1960 c. 4 (N.I.)
The Disabled Persons (Employment) Act (Northern Ireland) 1960.
The whole Act.
1976 NI16
The Industrial Relations (Northern Ireland) Order 1976.
In Article 68(6) the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”.
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)