Disability Discrimination Act 1995

[F5 14A Qualifications bodies: discrimination and harassment E+W+S

 

(1) It is unlawful for a qualifications body to discriminate against a disabled person—

(a) in the arrangements which it makes for the purpose of determining upon whom to confer a professional or trade qualification;

(b) in the terms on which it is prepared to confer a professional or trade qualification on him;

(c) by refusing or deliberately omitting to grant any application by him for such a qualification; or

(d) by withdrawing such a qualification from him or varying the terms on which he holds it.

(2) It is also unlawful for a qualifications body, in relation to a professional or trade qualification conferred by it, to subject to harassment a disabled person who holds or applies for such a qualification.

(3) In determining for the purposes of subsection (1) whether the application by a qualifications body of a competence standard to a disabled person constitutes discrimination within the meaning of section 3A, the application of the standard is justified for the purposes of section 3A(1)(b) if, but only if, the qualifications body can show that—

(a) the standard is, or would be, applied equally to persons who do not have his particular disability; and

(b) its application is a proportionate means of achieving a legitimate aim.

(4) For the purposes of subsection (3)—

(a) section 3A(2) (and (6)) does not apply; and

(b) section 3A(4) has effect as if the reference to section 3A(3) were a reference to subsection (3) of this section.

(5) In this section and section 14B—

• “qualifications body” means any authority or body which can confer a professional or trade qualification, but it does not include —

  (a)

  a responsible body (within the meaning of Chapter 1 or 2 of Part 4),

  (b)

  [F6 a local authority (as defined in section 579(1) of the Education Act 1996) when exercising education functions (as defined in that section),] or

  (c)

  an education authority (within the meaning of section 135(1) of the Education (Scotland) Act 1980);

• “confer“confer” includes renew or extend;

• “professional or trade qualification“professional or trade qualification” means an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular profession or trade;

• “competence standard“competence standard” means an academic, medical or other standard applied by or on behalf of a qualifications body for the purpose of determining whether or not a person has a particular level of competence or ability.]

Extent Information

E1 This section extends to England and Wales and Scotland only; a separate s. 14A exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F5 Ss. 13-14D and cross-headings substituted for ss. 13-15 (E.W.S.) (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), 13

F6 Words in s. 14A(5) substituted (5.5.2010) by The Local Education Authorities and Children?s Services Authorities (Integration of Functions) Order (S.I. 2010/1158), art. 1, Sch. 2 para. 40(2)

[F4 14A Qualifications bodies: discrimination and harassment N.I.

(1) It is unlawful for a qualifications body to discriminate against a disabled person –

(a) in the arrangements which it makes for the purpose of determining upon whom to confer a professional or trade qualification;

(b) in the terms on which it is prepared to confer a professional or trade qualification on him;

(c) by refusing or deliberately omitting to grant any application by him for such a qualification; or

(d) by withdrawing such a qualification from him or varying the terms on which he holds it.

(2) It is also unlawful for a qualifications body, in relation to a professional or trade qualification conferred by it, to subject to harassment a disabled person who holds or applies for such a qualification.

(3) In determining for the purposes of subsection (1) whether the application by a qualifications body of a competence standard to a disabled person constitutes discrimination within the meaning of section 3A, the application of the standard is justified for the purposes of section 3A(1)(b) if, but only if, the qualifications body can show that –

(a) the standard is, or would be, applied equally to persons who do not have his particular disability; and

(b) its application is a proportionate means of achieving a legitimate aim.

(4) For the purposes of subsection (3) –

(a) section 3A(2) (and (6)) does not apply; and

(b) section 3A(4) has effect as if the reference to section 3A(3) were a reference to subsection (3) of this section.

(5) In this section and section 14B –

• “qualifications body” means any authority or body which can confer a professional or trade qualification, but it does not include –

  (a)

  a board;

  (b)

  the Board of Governors of a grant-aided school;

  (c)

  the proprietor of an independent school;

  (d)

  the Council for Catholic Maintained Schools;

  (e)

  the governing body of a university;

  (f)

  the governing body of an instutution of further education;

  (g)

  the managers of a college of education;

  (h)

  the governing body of the College of Agriculture, Food and Rural Enterprise;

• “confer” includes renew or extend;

• “professional or trade qualification” means an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular profession or trade;

• “competence standard” means an academic, medical or other standard applied by or on behalf of a qualifications body for the purpose of determining whether or not a person has a particular level of competence or ability.

(6) Words and expressions used in the definition of “qualifications body”in subsection (5) to which a meaning is assigned by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 F7 have the same meaning as in that Order.]

Extent Information

E2 This section extends to Northern Ireland only; a separate s. 14A for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F7 Relevant amending Orders are S.I. 1989/2406 (N.I. 20), S.I. 1993/2810 (N.I. 12), S.I. 1996/274 (N.I. 1) and S.I. 1997/1772 (N.I. 15)