The Disability Discrimination (Questions and Replies) Order 2005

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Disability Discrimination (Questions and Replies) Order 2005 and shall come into force on 5th December 2005.

(2) In this Order—

“the Act” means the Disability Discrimination Act 1995;

“court” means a county court or, in Scotland, the sheriff court.

Forms for 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 for the purposes of section 56 of the Act for cases falling within Part 3 of the Act (discrimination in other areas), other than section 21A (employment services)(1) and sections 19 to 21 (discrimination in relation to services and duty to make adjustments) in so far as sections 19 to 21 relate to a group insurance arrangement(2), as forms—

(a) by which the person aggrieved 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 so wishes reply to any questions,

and articles 3 and 4 of this Order shall apply to such cases.

Period for service of questions

3.  In proceedings before a court, a question shall, for the purposes of section 56(3) of the Act, only be admissible as evidence in any proceedings under Part 3 of the Act, other than section 21A (employment services) and sections 19 to 21 in so far as sections 19 to 21 relate to a group insurance arrangement—

(a) where proceedings have not commenced—

(i) if it was served within the period of six months beginning on the date of the act complained of; or

(ii) where the dispute has been referred by the Disability Rights Commission for conciliation in pursuance of arrangements under section 28(3) of the Act, if it was served within the period of eight months beginning on the date of the act complained of;

(b) where proceedings have commenced, only if it is served with leave of the court and within the period specified by it.

Manner of service of questions and replies

4.  A question or, as the case may be, a reply may be duly served—

(a) where the person to be served is the respondent, by delivering the question to him, or by sending it by post to him at his usual or last known residence or place of business; or

(b) where the person to be served is the person aggrieved, by delivering the reply to him, or sending it by post to him at his address for reply as stated by him in the document containing the questions or, if no address is so stated, at his usual or last known residence; or

(c) 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(4), by delivering it to the secretary or clerk of the body, union or association at its registered or principal office or by sending it by post to the secretary or clerk at that office; or

(d) 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.

Amendment of the Disability Discrimination (Questions and Replies) Order 2004

5.—(1) Amend the Disability Discrimination (Questions and Replies) Order 2004(5) as follows.

(2) In article 3—

(a) after “the purposes of section 56 of the Act” insert “for cases falling within Part 2 of the Act (the employment field and members of locally-electable authorities) and, in relation to Part 3 of the Act (discrimination in other areas), for cases falling within section 21A (employment services) and sections 19 to 21 of the Act (discrimination in relation to services and duty to make adjustments) in so far as sections 19 to 21 relate to a group insurance arrangement”(6);

(b) in paragraph (a), for “complainant” substitute “person aggrieved”.

(3) In article 5(b), for “complainant” substitute “person aggrieved”.

(4) In Schedule 1—

(a) for “complainant” (in each place) substitute “person aggrieved”;

(b) in paragraph 1—

(i) for “the Disability Discrimination Act 1995 (“the Act”) by” substitute “Part 2 of the Disability Discrimination Act 1995 (“the Act”) or Part 3 of that Act so far as it relates to employment services or a group insurance arrangement by”;

(ii) in sub-paragraph (a)(i), after “against me”, insert “(not applicable in a group insurance case)”;

(iii) after “harassment contrary to the Act” insert “(not applicable in a group insurance case)”;

(c) in the Notes—

(i) for paragraph (1) substitute the following paragraph—

“(1) Under section 56(3) of the Act (as substituted by the Disability Discrimination Act 2005), this questionnaire and any reply are admissible in evidence in employment tribunal proceedings brought under Part 2 of the Act or under section 21A (employment services) and sections 19 to 21 (discrimination in relation to services and duty to make adjustments) in so far as sections 19 to 21 relate to a group insurance arrangement, of Part 3 of the Act.”.

(ii) in paragraph (2), for “a failure,” substitute “a deliberate failure,” and for “Part 3 if the case concerns employment services” substitute “the provisions of Part 3 mentioned in paragraph (1).”.

(5) In Schedule 2—

(a) for “(name of complainant)” substitute “(name of person aggrieved)”;

(b) in paragraph 3 for “(Include any reasons which in your view explain or justify your treatment of the complainant or explain any failure on your part to comply with a duty to make a reasonable adjustment).” substitute “(Include any reasons which in your view explain or justify your treatment of the person aggrieved or which explain, or in a group insurance case justify, any failure on your part to comply with a duty to make a reasonable adjustment).”.

Signed by authority of the Secretary of State for Work and Pensions

Anne C. McGuire

Parliamentary Under Secretary of State

Department for Work and Pensions

28th September 2005