PART III Discrimination in Other Areas

Goods, facilities and services

I1E119 Discrimination in relation to goods, facilities and services.

F11

It is unlawful for a provider of services to discriminate against a disabled person—

a

in refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public;

b

in failing to comply with any duty imposed on him by section 21 in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service;

c

in the standard of service which he provides to the disabled person or the manner in which he provides it to him; or

d

in the terms on which he provides a service to the disabled person.

2

For the purposes of this section and sections 20 F2to 21ZA

a

the provision of services includes the provision of any goods or facilities;

b

a person is “a provider of services” if he is concerned with the provision, in the United Kingdom, of services to the public or to a section of the public; and

c

it is irrelevant whether a service is provided on payment or without payment.

3

The following are examples of services to which this section and sections 20 and 21 apply—

a

access to and use of any place which members of the public are permitted to enter;

b

access to and use of means of communication;

c

access to and use of information services;

d

accommodation in a hotel, boarding house or other similar establishment;

e

facilities by way of banking or insurance or for grants, loans, credit or finance;

f

facilities for entertainment, recreation or refreshment;

g

facilities provided by employment agencies or under F3sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950;

h

the services of any profession or trade, or any local or other public authority.

4

In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

F44A

Subsection (1) does not apply to anything that is governed by Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

F55

Regulations may provide for subsection (1) and section 21(1), (2) and (4) not to apply, or to apply only to a prescribed extent, in relation to a service of a prescribed description.

F66

Nothing in this section or sections 20 to 21A applies to the provision of a service in relation to which discrimination is unlawful under Part III of the 2005 Order.