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Disability Discrimination Act 1995

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This is the original version (as it was originally enacted).

53Codes of practice prepared by the Secretary of State

(1)The Secretary of State may issue codes of practice containing such practical guidance as he considers appropriate with a view to—

(a)eliminating discrimination in the field of employment against disabled persons and persons who have had a disability; or

(b)encouraging good practice in relation to the employment of disabled persons and persons who have had a disability.

(2)The Secretary of State may from time to time revise the whole or any part of a code and re-issue it.

(3)Without prejudice to subsection (1), a code may include practical guidance as to—

(a)the circumstances in which it would be reasonable, having regard in particular to the costs involved, for a person to be expected to make adjustments in favour of a disabled person or a person who has had a disability; or

(b)what steps it is reasonably practicable for employers to take for the purpose of preventing their employees from doing, in the course of their employment, anything which is made unlawful by this Act.

(4)A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.

(5)A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, a county court or a sheriff court.

(6)If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.

(7)In this section and section 54 “code” means a code issued by the Secretary of State under this section and includes a code which has been revised and re-issued.

(8)In subsection (1)(a), “discrimination in the field of employment” includes discrimination of a kind mentioned in section 12 or 13.

(9)In subsections (1)(b) and (3), “employment” includes contract work (as defined by section 12(6)).

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