The Equality Act 2010 (Guidance on the Definition of Disability) Appointed Day Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints 1st May 2011 as the day for the coming into force of the Guidance on matters to be taken into account in determining questions relating to the definition of disability issued by the Secretary of State on 7th April 2011 under paragraph 14(3) of Schedule 1 to the Equality Act 2010 (“the 2010 Act”).

The Guidance provides practical guidance on matters to be taken into account when considering whether a person is a disabled person for the purposes of the 2010 Act and replaces guidance on the same matters (ISBN 978-0-11-703686-4) which was issued by the Secretary of State under the now repealed Disability Discrimination Act 1995 on 29th March 2006.

Paragraph 12(1) of Schedule 1 to the 2010 Act requires an adjudicating body to take account of such guidance as it thinks is relevant.

The Equality Act repealed the Disability Discrimination Act 1995. The provisions of the Disability Discrimination Act 1995 were substantially re-enacted by the Equality Act. The Guidance reflects that paragraph 4 of Schedule 1 (classification of normal day to day activities by reference to a list of capacities) to the Disability Discrimination Act 1995 was not re-enacted in the 2010 Act. The Guidance also reflects developments in relevant case law since the guidance (ISBN 978-0-11-703686-4) issued by the Secretary of State under the now repealed Disability Discrimination Act 1995 on 29th March 2006.

Article 3 of this Order makes transitional provision in relation to proceedings arising from a complaint to an adjudicating body, whenever presented, under Part 9 of the 2010 Act concerning an alleged act of discrimination or harassment committed before 1st May 2011 or an alleged course of conduct amounting to discrimination or harassment that was commenced before 1st May 2011. The Guidance is not to have effect for the purposes of paragraph 12(1) of Schedule 1 to the 2010 Act in relation to such proceedings. The Guidance issued by the Secretary of State (ISBN 978-0-11-703686-4) under section 3 of the Disability Discrimination Act 1995 on 29th March 2006 is to continue to have effect in relation to such proceedings. Section 3(3) of the Disability Discrimination Act 1995 requires an adjudicating body to take into account any guidance which appears to it to be relevant.

A copy of the Guidance may be downloaded free of charge from the websites of the Equalities and Human Rights Commission (http://www.equalityhumanrights.com/), the Government Equalities Office (http://equalities.gov.uk/) and the Office for Disability Issues ( http://odi.dwp.gov.uk/ ).

An impact assessment has not been prepared for this Order as it has no direct impact on the costs of the private sector and civil society organisations.

However, an impact assessment of the changes made by the removal of the classification of normal day to day activities by reference to a list of capacities, and the effect these changes would have on the costs of business was included in the full impact assessment for the 2010 Act. A copy of that impact assessment was published in April 2010. It is available in the libraries of both Houses of Parliament and can be downloaded free of charge from the Government Equalities Office website:http://equalities.gov.uk/pdf/Equality%20Act%20Impact.pdf