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Disability Discrimination Act 1995

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68 Interpretation.E+W+S

(1)In this Act—

  • accessibility certificate” means a certificate issued under section 41(1)(a);

  • act” includes a deliberate omission;

  • approval certificate” means a certificate issued under section 42(4);

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • conciliation officer” means a person designated under section 211 of the M1Trade Union and Labour Relations (Consolidation) Act 1992;

  • [F2“criminal investigation” has the meaning given in subsection (1A);]

  • [F3criminal proceedings” includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006);]

  • employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do any work, and related expressions are to be construed accordingly;

  • [F4employment at an establishment in Great Britain” is to be construed in accordance with subsections (2) to (4A)]

  • [F5“employment services” has the meaning given in section 21A(1);]

  • enactment” includes subordinate legislation and any Order in Council [F6, and F7. . . includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament];

  • [F8Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain]

  • [F9“group insurance arrangement” means an arrangement between an employer and another for the provision by the other of facilities by way of insurance to the employer’s employees or to any class of those employees;]

  • licensing authority[F10, except in [F11sections 36, 36A, 37A and 38],] means—

    (a)

    in relation to the area to which the M2Metropolitan Public Carriage Act 1869 applies, the Secretary of State or the holder of any office for the time being designated by the Secretary of State; or

    (b)

    in relation to any other area in England and Wales, the authority responsible for licensing taxis in that area;

  • F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F13Minister of the Crown” includes the Treasury and the Defence Council;]

  • occupational pension scheme” has the same meaning as in the M3Pension Schemes Act 1993;

  • premises” includes land of any description;

  • prescribed” means prescribed by regulations [F14, except in section 28D (where it has the meaning given by section 28D(17))];

  • profession” includes any vocation or occupation;

  • provider of services” has the meaning given in section 19(2)(b);

  • [F15“public investigator functions” has the meaning given in subsection (1B);]

  • 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 regulations made by the Secretary of State [F16, except in sections 2(3), 28D, 28L(6), 28Q(7), 33, 49D F17. . . and 67 (provisions where the meaning of “regulations ”is apparent)];

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • section 21 duty” means any duty imposed by or under section 21;

  • subordinate legislation” has the same meaning as in section 21 of the M4Interpretation Act 1978;

  • 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 examiner appointed under section 66A of the M5Road Traffic Act 1988.

[F18(1A)In this Act “criminal investigation” means—

(a)any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with, or in Scotland prosecuted for, an offence, or whether a person charged with or prosecuted for an offence is guilty of it;

(b)any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct; or

(c)any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to make a report to the procurator fiscal for the purpose of enabling him to determine whether criminal proceedings should be instituted.

(1B)In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.

(1C)In subsections (1A) and (1B)—

  • “offence” includes [F19any service offence within the meaning of the Armed Forces Act 2006], and

  • “offender” is to be construed accordingly.]

[F20(2)Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Great Britain if the employee—

(a)does his work wholly or partly in Great Britain; or

(b)does his work wholly outside Great Britain and subsection (2A) applies.

(2A)This subsection applies if—

(a)the employer has a place of business at an establishment in Great Britain;

(b)the work is for the purposes of the business carried on at the establishment; and

(c)the employee is ordinarily resident in Great Britain—

(i)at the time when he applies for or is offered the employment, or

(ii)at any time during the course of the employment.

(2B)This subsection applies to a ship if—

(a)it is registered at a port of registry in Great Britain; or

(b)it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2C)This subsection applies to an aircraft or hovercraft if—

(a)it is—

(i)registered in the United Kingdom, and

(ii)operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain; or

(b)it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2D)The following are not to be regarded as being employment at an establishment in Great Britain—

(a)employment on board a ship to which subsection (2B) does not apply;

(b)employment on an aircraft or hovercraft to which subsection (2C) does not apply.]

(4)Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in Great Britain.

[F21(4A)For the purposes of determining if employment concerned with the exploration of the sea bed or sub-soil or the exploitation of their natural resources is outside Great Britain, subsections (2)(a) and (b), (2A) and (2C) of this section each have effect as if “Great Britain” had the same meaning as that given to the last reference to Great Britain in section 10(1) of the Sex Discrimination Act 1975 F22 by section 10(5) of that Act read with the Sex Discrimination and Equal Pay (Offshore Employment) Order 1987 F23.]

(5)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Amendments (Textual)

F1S. 68(1): definition of "benefits", "section 6 duty" and "section 15 duty" omitted (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), 27(a)(i)

F2S. 68(1): definition of "criminal investigation" inserted (E.W.S.) ( 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(2); S.I. 2005/2774, art. 4(f)

F3S. 68(1): definition of "criminal proceedings" substituted (28.3.2009 for certain puposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 134(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4S. 68(1): definition of "employment at an establishment in Great Britain" 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), 27(a)(ii)

F5S. 68(1): definition of "employment services" inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(2); S.I. 2005/2774, art. 3(j)

F6S. 68(1): Words in the definition of “enactment” inserted (27.7.2000) by S.I. 2000/2040, arts. 1(1), 2(1), Sch. Pt. I para. 18 (with saving in art. 3)

F7S. 68(1): words in definition of "enactment" repealed (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(3), Sch. 2; S.I. 2005/2774, art. 3(j)(k)(i)

F8S. 68(1): definition of "Great Britain" 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), 27(a)(iii)

F9S. 68(1): definition of "group insurance arrangement" inserted (E.W.S.) (5.12.2005 by Disability Discrimination Act 2005 (c. 13), ss. {11(3)}, 20(3)-(6); S.I. 2005/2774, art. 3

F10S. 68(1): Words in the definition of "licensing authority" inserted (31.12.2003 for E.W. for specified purposes and 31.3.2004 for E.W.for all other purposes) by 2002 c. 37, ss. 5, 6(2); S.I. 2003/3123, art. 2

F11S. 68(1): words in definition of "licensing authority" substituted (E.W.S.) (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 56(8), 134(2)

F12S. 68(1): definition of "mental impairment" repealed (3.11.2008) by The Mental Health Act 2007 (Consequential Amendments) Order (S.I. 2008/2828), {art. 4}

F13S. 68(1): definition of "Minister of the Crown" 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), 27(a)(iv)

F14S. 68(1): words in definition of "prescribed" inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(1)(5); S.I. 2005/1676, art. 2(1)(c)

F15S. 68(1): definition of "public investigator functions" inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(2); S.I. 2005/2774, art. 4(f)

F16S. 68(1): words in definition of "regulations" inserted (E.W.S.) (10.10.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 34(6); S.I. 2005/2774, art. 2(2)

F17S. 68(1): words in definition of "regulations" repealed (E.W.S.)(1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 54, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

F19S. 68(1C): words in definition of "offence" substituted (28.3.2009 for certain puposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 134(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F20S. 68(2)-(2D) substituted (E.W.S.) for s. 68(2)(3) (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), 27(b)

F21S. 68(4A) 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), 27(c)

F221975 c. 65. Section 10(1) was amended by the Equal Opportunities (Employment Legislation) (Territorial Limits) Regulations 1999, S.I. 1999/3163, reg. 2(1), (2).

F24S. 68(5) 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), 27(d)

Modifications etc. (not altering text)

C1S. 68(1) modified (24.4.2009 for certain purposes and 31.10.2009 insofar as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order (S.I. 2009/1059), arts. 1, 205, {Sch. 1 para. 36(1)}

C2S. 68(1C) modified (24.4.2009 for certain purposes and 31.10.2009 insofar as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order (S.I. 2009/1059), arts. 1, 205, {Sch. 1 para. 36(2)}

Commencement Information

I1S. 68 wholly in force at 2.12.1996; s. 68 not in force at Royal Assent see s. 70(3); s. 68(1) in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(j); s. 68(1) in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(i); s. 68(2)-(5) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III ; s. 68(2)-(5) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

Marginal Citations

68 Interpretation.N.I.

[F25(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;

  • F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F27criminal investigation” has the meaning given in subsection (1A);]

  • [F3criminal proceedings” includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006);]

  • 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;

  • [F28employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (4)]

  • [F29employment services” has the meaning given in section 21A(1);]

  • enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954 [F30, and (except in section 56(5)) includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament];

  • government department” means a Northern Ireland department or a department of the Government of the United Kingdom;

  • [F31group insurance arrangement” means an arrangement between an employer and another for the provision by the other of facilities by way of insurance to the employer's employees or to any class of those employees;]

  • [F32Minister of the Crown” includes the Treasury and the Defence Council]

  • 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;

  • [F33the Office” means the Office of the First Minister and deputy First Minister;]

  • 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);

  • [F34public investigator functions” has the meaning given in subsection (1B);]

  • 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)

    [F35in section 17A, regulations made by the Department for Employment and Learning;]

    (b)

    in Part V of this Act, regulations made by the Department of the Environment;

    (c)

    [F36in any other provision of this Act, regulations made by the Office of the First Minister and deputy First Minister:]

  • F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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;

  • [F37“the 2005 Order” means the Special Educational Needs and Disability (Northern Ireland) Order 2005;]

  • vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42.]

[F38(1A)In this Act “criminal investigation” means—

(a)any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with or prosecuted for an offence is guilty of it; or

(b)any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct.

(1B)In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.

(1C)In subsections (1A) and (1B)—

  • offence” includes [F19any service offence within the meaning of the Armed Forces Act 2006], and

  • offender” is to be construed accordingly.]

[F39(2)Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Northern Ireland if the employee –

(a)does his work wholly or partly in Northern Ireland; or,

(b)does his work wholly outside Northern Ireland and subsection (2A) applies.

(2A)This subsection applies if –

(a)the employer has a place of business at an establishment in Northern Ireland;

(b)the work is for the purposes of the business carried on at the establishment; and

(c)the employee is ordinarily resident in Northern Ireland –

(i)at the time when he applies for or is offered the employment, or

(ii)at any time during the course of the employment.

(2B)This subsection applies to a ship if –

(a)it is registered at a port of registry in Northern Ireland; or

(b)it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2C)This subsection applies to an aircraft or hovercraft if –

(a)it is –

(i)registered in the United Kingdom, and

(ii)operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland; or

(b)it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.

(2D)The following are not to be regarded as being employment at an establishment in Northern Ireland –

(a)employment on board a ship to which subsection (2B) does not apply;

(b)employment on an aircraft or hovercraft to which subsection (2C) does not apply.]

(4)Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in [F40Northern Ireland].

(5)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to Northern Ireland only as it has effect by virtue of s. 70(6), Sch. 8 paras. 1, 47 and any subsequent amendments; a separate version has been created for England and Wales and Scotland only

Amendments (Textual)

F3S. 68(1): definition of "criminal proceedings" substituted (28.3.2009 for certain puposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 134(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F19S. 68(1C): words in definition of "offence" substituted (28.3.2009 for certain puposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 134(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F25S. 68(1) substituted (N.I.) by virtue of s. 70(6), Sch. 8 paras. 1, 47(1) of this Act.

F26S. 68(1): definition of "benefits", "section 6 duty" and "section 15 duty" omitted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(i)

F28S. 68(1): definition of "employment at an establishment in Northern Ireland" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(ii)

F30S. 68(1): words in the definition of “enactment” inserted (27.7.2000) by S.I. 2000/2040, arts. 1(1), 2(1), Sch. Pt. I para. 18 (with saving in art. 3)

F32S. 68(1): definition of "Minister of the Crown" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(iii)

F35S. 68(1): para. (a) in definition of "regulations" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(iv)(aa)

F36S. 68(1): para. (c) in definition of "regulations" substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(a)(iv)(bb)

F37S. 68(1): definition of "the 2005 Order" 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, 48(11); 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.

F39S. 68(2)-(2D) substituted for s. 68(2)(3) (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 27(b)

F40Words in s. 68(2)-(4) substituted (N.I.) by virtue of s. 70(6), Sch. 8 paras. 1, 47(1) of this Act.

Modifications etc. (not altering text)

C3S. 68(1) modified (24.4.2009 for certain purposes and 31.10.2009 insofar as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order (S.I. 2009/1059), arts. 1, 205, {Sch. 1 para. 36(1)}

C4S. 68(1C) modified (24.4.2009 for certain purposes and 31.10.2009 insofar as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order (S.I. 2009/1059), arts. 1, 205, {Sch. 1 para. 36(2)}

Commencement Information

I2S. 68 wholly in force at 2.12.1996; s. 68 not in force at Royal Assent see s. 70(3); s. 68(1) in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(j); s. 68(1) in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(i); s. 68(2)-(5) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 68(2)-(5) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II

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