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Disability Discrimination Act 1995

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[F4[F518DInterpretation of Part 2E+W+S

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Extent Information

E1This section extended to England, Wales and Scotland only; a separate s. 18D exists for Northern Ireland only.

Textual Amendments

F4Cross-heading "Supplementary and General" inserted (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. 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), 17(1); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004

(S.R. 2004/55), regs. 1(2)(3), {17(1)}

F5S. 18D inserted (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), 18

F6Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F4[F718DInterpretation of Part IIN.I.

(1)Subject to any duty to make reasonable adjustments, nothing in this Part is to be taken to require a person to treat a disabled person more favourably than he treats or would treat others.

(2)In this Part –

  • “benefits”, except in sections 4G to 4K, includes facilities and services;

  • “detriment”, except in section 16C(2)(b), does not include conduct of the nature referred to in section 3B (harassment);

  • discriminate”, “discrimination” and other related expressions are to be construed in accordance with section 3A;

  • duty to make reasonable adjustments” means a duty imposed by or under section 4A, 4B(5) or (6), 4E, 4H, 6B, 7B, 14, 14B, 14D [F8, 15C] or 16A(5);

  • employer” includes a person who has no employees but is seeking to employ another person;

  • harassment” is to be construed in accordance with section 3B;

  • physical feature”, in relation to any premises, includes [F9(subject to any provision under section 15C(4)(e))] any of the following (whether permanent or temporary) –

    (a)

    any feature arising from the design or construction of a building on the premises,

    (b)

    any feature on the premises of any approach to, exit from or access to such a building,

    (c)

    any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises,

    (d)

    any other physical element or quality of any land comprised in the premises;

  • provision, criterion or practice” includes any arrangements.]]

Extent Information

E2This section extends to Northern Ireland only; a separate s. 18D for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F818D(2): word in definition of "duty to make reasonable adjustments" inserted (31.12.2007) by Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 10(a); S.R. 2007/466, art. 2(2)(l)

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