Disabled Persons (Employment) Act 1944

9 Obligations as to employment of quota of registered persons in substantial staffs. E+W+S

(1) It shall be the duty of a person who has a substantial number of employees to give employment to persons registered as handicapped by disablement to the number that is his quota as ascertained in accordance with the next succeeding section, and, where he is not already doing so at times when vacancies occur, to allocate vacancies for that purpose; and the said duty shall be enforceable to the extent and in manner hereinafter in this section provided in the case of a person to whom this section applies, that is to say, a person who for the time being has, or in accordance with his normal practice and apart from transitory circumstances would have, in his employment persons to the number of not less than twenty (or such lower number as may be specified by an order made by the Minister for the time being in force).

(2) Subject to the provisions of the two next succeeding subsections, a person to whom this section applies shall not at any time take, or offer to take, into his employment any person other than a person registered as handicapped by disablement, if immediately after the taking in of that person the number of persons so registered in the employment of the person to whom this section applies (excluding persons employed by him in an employment of a class then designated under section twelve of this Act) would be less than his quota.

(3) Subsection (2) of this section shall not apply to a person’s taking, or offering to take, into his employment at any time a person whom apart from that subsection it would have been his duty to take into his employment at that time either—

(a) by virtue of any Act, whether passed before or after the passing of this Act; or

(b) by virtue of an agreement to reinstate him in his employment entered into before the date appointed for the coming into operation of subsection (2) of this section.

(4) Subsection (2) of this section shall not apply to a person’s taking, or offering to take, into his employment any person in accordance with a permit issued by the Minister under the subsequent provisions of this Act in that behalf.

(5) A person to whom this section applies who for the time being has in his employment a person registered as handicapped by disablement shall not, unless he has reasonable cause for doing so, discontinue the employment of that person, if immediately after the discontinuance the number of persons so registered in the employment of the person to whom this section applies (excluding persons employed by him in an employment of a class then designated under section twelve of this Act) would be less than his quota;

Provided that this subsection shall not have effect if immediately after the discontinuance the employer would no longer be a person to whom this section applies.

(6) Any person who contravenes subsection (2) or subsection (5) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F1 level 3 on the standard scale]or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.

(7) A prosecution for a contravention of subsection (5) of this section shall not be instituted against any person unless—

(a) the matter has been referred to a district advisory committee;

(b) the committee, before considering the matter, has notified that person so as to give him an opportunity of making within a period not shorter than seven days from the sending or giving of the notification to him such representations to the committee as he may desire, either orally or in writing as he may desire; and

(c) the committee has made a report to the Minister.

On any such prosecution it shall not be necessary to prove compliance with the preceding provisions of this subsection unless the defendant so requires, and, if he so requires, a certificate purporting to be signed by or on behalf of the chairman of a district advisory committee that the matter in question has been referred to the committee under this subsection and that a notification and report has been made by them as therein provided shall be sufficient evidence of the facts stated therein until the contrary is shown.

Textual Amendments

F1 Words substituted by virtue of (E. W. ) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S. ) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G