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The Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises) (Revocation) Order 2006

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Statutory Instruments

2006 No. 1966

DISABLED PERSONS

The Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises) (Revocation) Order 2006

Made

20th July 2006

Laid before Parliament

24th July 2006

Coming into force

4th December 2006

The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 53A(6)(c) and 67(3)(a) of the Disability Discrimination Act 1995(1) and at the request of the Disability Rights Commission, makes the following Order:

Citation and commencement

1.  This Order may be cited as the Disability Discrimination Code of Practice (Goods, Facilities, Services and Premises) (Revocation) Order 2006 and shall come into force on 4th December 2006.

Revocation

2.  Subject to article 3, the Disability Discrimination Act 1995 Code of Practice on Rights of Access Goods, Facilities, Services and Premises (ISBN 0117028606) is revoked.

Transitional provision

3.  The Code of Practice referred to in article 2 is to continue to have effect for the purposes of section 53A(8A) of the Disability Discrimination Act 1995(2) in relation to any proceedings (whenever commenced) arising from a complaint alleging that a person has, before 4th December 2006, committed an act which is unlawful discrimination for the purposes of any provision of Part 3 of that Act.

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

20th July 2006

Explanatory Note

(This note is not part of the Order)

This Order revokes, with effect from 4th December 2006, the Disability Discrimination Act 1995 Code of Practice on Rights of Access Goods, Facilities, Services and Premises (ISBN 0117028606) which was issued by the Disability Rights Commission under section 53A(1) of the Disability Discrimination Act 1995, and came into effect on 27th May 2002 (S.I. 2002/720).

Article 3 of the Order provides for the Code to continue to have effect in the case of proceedings relating to an alleged act of unlawful discrimination which took place before 4th December 2006. This is for the purposes of section 53A(8A) of the Disability Discrimination Act 1995, which requires a court or tribunal to take into account any provision of a code of practice which appears to it to be relevant.

A new Code of Practice was issued by the Disability Rights Commission on 18th July 2006 entitled “Rights of Access: services to the public, public authority functions, private clubs and premises” (ISBN 0117036951) and is to come into effect on 4th December 2006 (S.I. 2006/1967).

A regulatory impact assessment has not been prepared for this Order as it has no impact on the costs of business, charities or the voluntary sector.

(1)

1995 c. 50. Section 53A was inserted by the Disability Rights Commission Act 1999 (c. 17), section 9(1). Section 67(3) was amended by the Disability Discrimination Act 2005 (c. 13), Schedule 1, paragraphs 1 and 33(1) and (3).

(2)

Section 53A(8A) was inserted by the Special Educational Needs and Disability Act 2001 (c. 10), section 36(1) and (8), and amended by the Disability Discrimination Act 2005, Schedule 1, paragraphs 1 and 28(1) and (6).

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