Disability Discrimination Act 1995 (c. 50)

Part II U.K. [F1 THE EMPLOYMENT FIELD][F2 AND DISTRICT COUNCILS] [F3 and members of locally-electable authorities]

Textual Amendments

F1 Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)

F2 Pt. II heading: words inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 4}; S.R. 2007/466, art. 2(2)(l)

F3 Pt 2 heading: words inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 4; S.I 2005/2774, {art. 3(j)}

Modifications etc. (not altering text)

C1 Pt. II applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(b); S.I. 2013/1682, art. 3(k)

[F4 Barristers and advocates][F5 Barristers] U.K.

Textual Amendments

F4 Ss. 7A-7D and cross-heading inserted (E.W. for ss. 7A, 7B, S. for ss. 7C, 7D) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 8 - see also s. 70(5A)(5B) of this Act.

F5 Ss. 7A, 7B and cross-heading inserted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 8

[F4 7B Barristers: duty to make adjustments E+W

 

(1) Where—

(a) a provision, criterion or practice applied by or on behalf of a barrister or barrister’s clerk, or

(b) any physical feature of premises occupied by a barrister or a barrister’s clerk,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the barrister or barrister’s clerk to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

(2) In a case where subsection (1) applies in relation to two or more barristers in a set of chambers, the duty in that subsection is a duty on each of them to take such steps as it is reasonable, in all of the circumstances of the case, for him to have to take.

(3) In this section, “the disabled person concerned” means—

(a) in the case of a provision, criterion or practice for determining to whom a pupillage or tenancy should be offered, any disabled person who is, or has notified the barrister or the barrister’s clerk concerned that he may be, an applicant for a pupillage or tenancy;

(b) in any other case, a disabled person who is—

(i) a tenant;

(ii) a pupil; or

(iii) an applicant for a pupillage or tenancy.

(4) Nothing in this section imposes any duty on a barrister or a barrister’s clerk in relation to a disabled person if he does not know, and could not reasonably be expected to know—

(a) in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for a pupillage or tenancy; or

(b) in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).]

Extent Information

E1 This section extends to England only; a separate s. 7B exists for Northern Ireland only from 21.2.2004.