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Disability Discrimination Act 1995

Status:

This is the original version (as it was originally enacted).

19Discrimination in relation to goods, facilities and services

(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 and 21—

(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 section 2 of the [1973 c. 50.] Employment and Training Act 1973;

(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.

(5)Except in such circumstances as may be prescribed, this section and sections 20 and 21 do not apply to—

(a)education which is funded, or secured, by a relevant body or provided at—

(i)an establishment which is funded by such a body or by a Minister of the Crown; or

(ii)any other establishment which is a school as defined in section 14(5) of the [1992 c. 13.] Further and Higher Education Act 1992 or section 135(1) of the [1980 c. 44.] Education (Scotland) Act 1980;

(b)any service so far as it consists of the use of any means of transport; or

(c)such other services as may be prescribed.

(6)In subsection (5) “relevant body” means—

(a)a local education authority in England and Wales;

(b)an education authority in Scotland;

(c)the Funding Agency for Schools;

(d)the Schools Funding Council for Wales;

(e)the Further Education Funding Council for England;

(f)the Further Education Funding Council for Wales;

(g)the Higher Education Funding Council for England;

(h)the Scottish Higher Education Funding Council;

(i)the Higher Education Funding Council for Wales;

(j)the Teacher Training Agency;

(k)a voluntary organisation; or

(l)a body of a prescribed kind.

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