The Disability Discrimination (Questions and Replies) Order 1996

Statutory Instruments

1996 No. 2793

DISABLED PERSONS

The Disability Discrimination (Questions and Replies) Order 1996

Made

5th November 1996

Laid before Parliament

7th November 1996

Coming into force

2nd December 1996

In exercise of the powers conferred on the Secretary of State by sections 56(2) and (4) and section 67(3) of the Disability Discrimination Act 1995(1) and after consulting the Council on Tribunals the Secretary of State for Education and Employment hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Disability Discrimination (Questions and Replies) Order 1996 and shall come into force on 2nd December 1996.

(2) In this Order—

“the Act” means the Disability Discrimination Act 1995;

“tribunal” means an industrial tribunal.

Questions and replies

2.  The forms respectively set out in Schedules 1 and 2 to this Order or forms to the like effect with such variation as the circumstances may require are, respectively, hereby prescribed as forms—

(a) by which the complainant may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and

(b) by which the respondent may if he wishes reply to any questions.

Period for service of questions

3.  In proceedings before a tribunal, a question shall only be admissible as evidence in pursuance of section 56(3) of the Act—

(a) where it was served before a complaint had been presented to a tribunal, if it was so served within the period of three months beginning when the act complained of was done;

(b) where it was served after a complaint had been presented to a tribunal—

(i) if it was served within the period of twenty one days beginning with the day on which the complaint was presented, or

(ii) if it was served with the leave of a tribunal, within the period specified by that tribunal.

Manner of service of questions and replies

4.  A question to the respondent may be served on him—

(a) by delivering it to him; or

(b) by sending it by post to him at his usual or last known residence or place of business; or

(c) where the person to be served is acting by a solicitor, by delivering it at, or by sending it by post to, the solicitor’s address for service.

(d) where the person to be served is a body corporate or is a trade union or employers' association within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992(2) by delivering it to the secretary or clerk of the body, union or association at its registration or principal office or by sending it by post to the secretary or clerk at that office.

5.  The respondent may serve the reply on the complainant by delivering the reply, or sending it by post, to him at the address for reply as stated in the document containing the questions.

SCHEDULE 1 THE DISABILITY DISCRIMINATION ACT 1995 s56 (2)(a). QUESTIONNAIRE OF COMPLAINANT

SCHEDULE 2 THE DISABILITY DISCRIMINATION ACT 1995 s56 (2)(b). REPLY BY THE RESPONDENT

Henley

Minister of State

Department for Education and Employment

5th November 1996

Explanatory Note

(This note is not part of the Order)

This Order prescribes the form of a questionnaire which may be used by people who consider they may have been discriminated against by employers or others contrary to any provision in Part II of the Disability Discrimination Act 1995. A form for the respondent’s reply is also prescribed.

The Order also specifies the periods within which the questions must be served in order to be admissible in proceedings before an industrial tribunal.

(1)

1995 c. 50.

(2)

1992 c. 52.