The Disability Discrimination (Exemption for Small Employers) Order 1998

Statutory Instruments

1998 No. 2618

DISABLED PERSONS

The Disability Discrimination (Exemption for Small Employers) Order 1998

Made

19th October 1998

Laid before Parliament

22nd October 1998

Coming into force

1st December 1998

Whereas, before making this Order, the Secretary of State conducted a review of the effect of section 7 of the Disability Discrimination Act 1995(1):

And whereas the review was commenced on the 3rd day of December 1997 and was completed on the 1st day of September 1998:

And whereas in conducting the review the Secretary of State consulted–

(a) such organisations representing the interests of employers as he considered appropriate; and

(b) such organisations representing the interests of disabled persons in employment or seeking employment as he considered appropriate:

And whereas, unless the will of Parliament determines otherwise, this Order will come into effect not later than one year after the commencement of the review:

Now, therefore, in exercise of the powers conferred on the Secretary of State by sections 7(2) and 67 of the Disability Discrimination Act 1995, and of all other powers enabling him in that behalf, the Secretary of State for Education and Employment hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Disability Discrimination (Exemption for Small Employers) Order 1998 and shall come into force on 1st December 1998.

Amendment of section 7

2.  Subsection (1) of section 7 of the Disability Discrimination Act 1995 (which exempts an employer with fewer than 20 employees from the application of Part II of the Act) is amended by the substitution of the number “15” for the number “20”.

Signed by authority of the Secretary of State.

Margaret Hodge

Parliamentary Under Secretary of State,

Department for Education and Employment

19th October 1998

Explanatory Note

(This note is not part of the Order)

This Order amends section 7(1) of the Disability Discrimination Act 1995 (which exempts employers with fewer than 20 employees from the application of Part II of the Act) by substituting the number “15” for the number “20”.

The amendment takes effect from 1st December 1998. From that date only employers who have fewer than 15 employees will be exempt from the application of Part II of the Act by reason of their size.

A Regulatory Impact Assessment of the costs and benefits of this amendment is available from Disability Policy Division, Department for Education and Employment, Level 4, Caxton House, 6–12 Tothill Street, London SW1H 9NF.

(1)

1995 c. 50.