Soixante-treizième session du Comité régional de l’Europe: Astana, 24-26 octobre 2023: élaboration d’un projet de plan d’action mondial et de cadre de suivi pour la lutte anti-infectieuse, 2024-2030
Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act and Part III of the 2005 Order if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.
In this Act and Part III of the 2005 Order“disabled person” means a person who has a disability.
The provisions of this Part and Parts II , III and VAand Part III of the 2005 Order apply in relation to a person who has had a disability as they apply in relation to a person who has that disability.
Those provisions are subject to the modifications made by Schedule 2.
Any regulations or order made under this Act or Part III of the 2005 Order may include provision with respect to persons who have had a disability.
In any proceedings under Part II , III or VA of this Act or Part III of the 2005 Order, the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act or Part III of the 2005 Order in force when the act complained of was done had been in force at the relevant time.
The relevant time may be a time before the passing of this Act or (as the case may be) the making of the 2005 Order.
Without prejudice to the generality of subsection (A1), the Office may, in particular, issue guidance about the matters to be taken into account in determining—
whether an impairment has a substantial adverse effect on a person’s ability to carry out normal day-to-day activities; or
whether such an impairment has a long-term effect.
The Office may issue guidance about matters to be taken into account in determining whether a person is a disabled person.
Without prejudice to the generality of subsection (A1), guidance about the matters mentioned in subsection (1) may, among other things, give examples of—
effects which it would be reasonable, in relation to particular activities, to regard for purposes of this Act as substantial adverse effects;
effects which it would not be reasonable, in relation to particular activities, to regard for such purposes as substantial adverse effects;
substantial adverse effects which it would be reasonable to regard, for such purposes, as long-term;
substantial adverse effects which it would not be reasonable to regard, for such purposes, as long-term.
A tribunal or court determining, for any purpose of this Act or Part III of the 2005 Order , whether a person is a disabled person, shall take into account any guidance which appears to it to be relevant.
In preparing a draft of any guidance, the Department shall consult such persons as it considers appropriate.
Where the Department proposes to issue any guidance, the Department shall publish a draft of it, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations.
If the Department decides to proceed with any proposed guidance, the Department shall lay a draft of it before the Assembly.
If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed guidance.
If no such resolution is made within the statutory period, the Department shall issue the guidance in the form of its draft.
The guidance shall come into force on such date as the Department may by order appoint.
Subsection (7) does not prevent a new draft of the proposed guidance being laid before the Assembly.
The Department may—
from time to time revise the whole or any part of any guidance and re-issue it ;
by order revoke any guidance.
In this section—
“near relative” means a person’s spouse or civil partner, partner, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or by marriage or civil partnership)); and
“placement provider” means any person who provides a work placement to a person whom he does not employ.
“criminal investigation” has the meaning given in subsection (1A);
a public service vehicle for the purposes of the Public Passenger Vehicles Act 1981;
It is unlawful for an employer to discriminate against a disabled person –
in the arrangements which he makes for the purpose of determining to whom he should offer employment;
in the terms on which he offers that person employment; or
by refusing to offer, or deliberately not offering, him employment.
It is unlawful for an employer to discriminate against a disabled person whom he employs –
in the terms of employment which he affords him;
in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit;
by refusing to afford him, or deliberately not affording him, any such opportunity; or
by dismissing him, or subjecting him to any other detriment.
It is also unlawful for an employer, in relation to employment by him, to subject to harassment –
a disabled person whom he employs; or
a disabled person who has applied to him for employment.
the benefits relate to training.
Subsection (2) does not apply to benefits of any description if the employer is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless –
that provision differs in a material respect from the provision of the benefits by the employer to his employees;
the provision of the benefits to the employee in question is regulated by his contract of employment; or
the benefits relate to training.
The reference in subsection (2)(d) to the dismissal of a person includes a reference –
to the termination of that person’s employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms; and
to the termination of that person’s employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer.
This section applies only in relation to employment at an establishment in Northern Ireland.
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For the purposes of this Part, an employer discriminates against a disabled person if—
for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and
he cannot show that the treatment in question is justified.
For the purposes of this Part, an employer also discriminates against a disabled person if—
he fails to comply with a section 6 duty imposed on him in relation to the disabled person; and
he cannot show that his failure to comply with that duty is justified.
Subject to subsection (5), for the purposes of subsection (1) treatment is justified if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.
For the purposes of subsection (2), failure to comply with a section 6 duty is justified if, but only if, the reason for the failure is both material to the circumstances of the particular case and substantial.
If, in a case falling within subsection (1), the employer is under a section 6 duty in relation to the disabled person but fails without justification to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with the section 6 duty.
Regulations may make provision, for purposes of this section, as to circumstances in which—
treatment is to be taken to be justified;
failure to comply with a section 6 duty is to be taken to be justified;
treatment is to be taken not to be justified;
failure to comply with a section 6 duty is to be taken not to be justified.
Regulations under subsection (6) may, in particular—
make provision by reference to the cost of affording any benefit; and
in relation to benefits under occupational pension schemes, make provision with a view to enabling uniform rates of contributions to be maintained.
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Where— place the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the arrangements or feature having that effect.
any arrangements made by or on behalf of an employer, or
any physical feature of premises occupied by the employer,
Subsection (1)(a) applies only in relation to—
arrangements for determining to whom employment should be offered;
any term, condition or arrangements on which employment, promotion, a transfer, training or any other benefit is offered or afforded.
The following are examples of steps which an employer may have to take in relation to a disabled person in order to comply with subsection (1)—
making adjustments to premises;
allocating some of the disabled person’s duties to another person;
transferring him to fill an existing vacancy;
altering his working hours;
assigning him to a different place of work;
allowing him to be absent during working hours for rehabilitation, assessment or treatment;
giving him, or arranging for him to be given, training;
acquiring or modifying equipment;
modifying instructions or reference manuals;
modifying procedures for testing or assessment;
providing a reader or interpreter;
providing supervision.
In determining whether it is reasonable for an employer to have to take a particular step in order to comply with subsection (1), regard shall be had, in particular, to— This subsection is subject to any provision of regulations made under subsection (8).
the extent to which taking the step would prevent the effect in question;
the extent to which it is practicable for the employer to take the step;
the financial and other costs which would be incurred by the employer in taking the step and the extent to which taking it would disrupt any of his activities;
the extent of the employer’s financial and other resources;
the availability to the employer of financial or other assistance with respect to taking the step.
In this section, “the disabled person concerned” means—
in the case of arrangements for determining to whom employment should be offered, any disabled person who is, or has notified the employer that he may be, an applicant for that employment;
in any other case, a disabled person who is—
an applicant for the employment concerned; or
an employee of the employer concerned.
Nothing in this section imposes any duty on an employer in relation to a disabled person if the employer does not know, and could not reasonably be expected to know—
in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the employment; or
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
Subject to the provisions of this section, nothing in this Part is to be taken to require an employer to treat a disabled person more favourably than he treats or would treat others.
Regulations may make provision, for the purposes of subsection (1)—
as to circumstances in which arrangements are, or a physical feature is, to be taken to have the effect mentioned in that subsection;
as to circumstances in which arrangements are not, or a physical feature is not, to be taken to have that effect;
as to circumstances in which it is reasonable for an employer to have to take steps of a prescribed description;
as to steps which it is always reasonable for an employer to have to take;
as to circumstances in which it is not reasonable for an employer to have to take steps of a prescribed description;
as to steps which it is never reasonable for an employer to have to take;
as to things which are to be treated as physical features;
as to things which are not to be treated as such features.
Regulations made under subsection (8)(c), (d), (e) or (f) may, in particular, make provision by reference to the cost of taking the steps concerned.
Regulations may make provision adding to the duty imposed on employers by this section, including provision of a kind which may be made under subsection (8).
This section does not apply in relation to any benefit under an occupational pension scheme or any other benefit payable in money or money’s worth under a scheme or arrangement for the benefit of employees in respect of—
termination of service;
retirement, old age or death;
accident, injury, sickness or invalidity; or
any other prescribed matter.
This section imposes duties only for the purpose of determining whether an employer has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
Where – places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
a provision, criterion or practice applied by or on behalf of an employer, or
any physical feature of premises occupied by the employer,
In subsection (1), “the disabled person concerned” means –
in the case of a provision, criterion or practice for determining to whom employment should be offered, any disabled person who is, or has notified the employer that he may be, an applicant for that employment;
in any other case, a disabled person who is –
an applicant for the employment concerned, or
an employee of the employer concerned.
Nothing in this section imposes any duty on an employer in relation to a disabled person if the employer does not know, and could not reasonably be expected to know –
in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the employment; or
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
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Nothing in this Part applies in relation to an employer who has fewer than 20 employees.
The Secretary of State may by order amend subsection (1) by substituting a different number (not greater than 20) for the number for the time being specified there.
In this section—
The Commission may prepare and issue codes of practice giving practical guidance on how to avoid acts which are unlawful under Part II or III of this Act or Part III of the 2005 Order, or on any other matter relating to the operation of any provision of Part II or III of this Act or Part III of the 2005 Order, to—
employers;
service providers;
public authorities within the meaning given by section 21B;
associations to which section 21F applies;
bodies which are responsible bodies for the purposes of Chapter I or II of Part III of the 2005 Order; or
other persons to whom the provisions of Part II or III of this Act or Part III of the 2005 Order apply.
The Commission may also prepare and issue codes of practice giving practical guidance to any persons on any other matter with a view to— in any field of activity regulated by any provision of Part II or III of this Act or Part III of the 2005 Order.
promoting the equalisation of opportunities for disabled persons and persons who have had a disability; or
encouraging good practice in the way such persons are treated,
Neither subsection (1) nor (1A) applies in relation to any duty imposed by or under Article 17 or 18 of the 2005 Order.
The Commission may prepare and issue codes of practice giving practical guidance to persons subject to duties under section 49A on how to perform those duties.
The Commission may prepare and issue codes of practice giving practical guidance to landlords and tenants as to—
circumstances in which a tenant requires the consent of his landlord for making a relevant improvement to a dwelling house;
circumstances in which it is unreasonable to withhold such consent;
the application of the improvement provisions in relation to relevant improvements to dwelling houses.
In subsection (1D) the improvement provisions are—
Article 42(e) of the Rent (Northern Ireland) Order 1978 (NI 20);
Article 34 of the Housing (Northern Ireland) Order 1983 (NI 15);
Article 49C.
The Commission shall, when requested to do so by the Office, prepare a code of practice dealing with the matters specified in the request.
In preparing a code of practice the Commission shall carry out such consultations as it considers appropriate (which shall include the publication for public consultation of proposals relating to the code).
The Commission may not issue a code of practice unless—
a draft of it has been submitted to and approved by the Office and laid by the Office before the Assembly; and
the statutory period has elapsed without the Assembly resolving not to approve the draft.
If the Office does not approve a draft code of practice submitted to it the Office shall give the Commission a written statement of its reasons.
A code of practice issued by the Commission—
shall come into effect on such day as the Office may by order appoint;
may be revised in whole or part, and re-issued, by the Commission; and
may be revoked by an order made by the Office at the request of the Commission.
Where the Commission proposes to revise a code of practice—
it shall comply with subsection (3) in relation to the revisions; and
the other provisions of this section apply to the revised code of practice as they apply to a new code of practice.
Failure to observe any provision of a code of practice does not of itself make a person liable to any proceedings, but any provision of a code which appears to a court or tribunal to be relevant to any question arising in any proceedings under Part II , III or VA , or any proceedings relating to a relevant improvement, or Part III of the 2005 Order shall be taken into account in determining that question.
In this section—
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Before making any order under subsection (2), the Secretary of State shall conduct a review.
Unless he has already begun or completed a review under subsection (4), the Secretary of State shall begin to conduct a review immediately after the fourth anniversary.
Any review shall be completed within nine months.
In conducting any review, the Secretary of State shall consult—
such organisations representing the interests of employers as he considers appropriate; and
such organisations representing the interests of disabled persons in employment or seeking employment as he considers appropriate.
If, on completing a review, the Secretary of State decides to make an order under subsection (2), he shall make such an order to come into force not later than one year after the commencement of the review.
If, on completing a review, the Secretary of State decides not to make such an order, he shall not later than one year after the commencement of the review lay before Parliament a report—
summarising the results of the review; and
giving the reasons for his decision.
Any report made by the Secretary of State under subsection (9) shall include a summary of the views expressed to him in his consultations.
For the purposes of this Part, a person discriminates against a disabled person if—
for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply, and
he cannot show that the treatment in question is justified.
For the purposes of this Part, a person also discriminates against a disabled person if he fails to comply with a duty to make reasonable adjustments imposed on him in relation to the disabled person.
Treatment is justified for the purposes of subsection (1)(b) if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.
But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within subsection (5).
A person directly discriminates against a disabled person if, on the ground of the disabled person’s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person.
If, in a case falling within subsection (1), a person is under a duty to make reasonable adjustments in relation to a disabled person but fails to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with that duty.
For the purposes of this Part, a person subjects a disabled person to harassment where, for a reason which relates to the disabled person’s disability, he engages in unwanted conduct which has the purpose or effect of—
violating the disabled person’s dignity, or
creating an intimidating, hostile, degrading, humiliating or offensive environment for him.
Conduct shall be regarded as having the effect referred to in paragraph (a) or (b) of subsection (1) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect.
A complaint by any person that another person— may be presented to an employment tribunal.
has discriminated against him in a way which is unlawful under this Part, or
is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,
Where an employment tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—
making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
ordering the respondent to pay compensation to the complainant;
recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.
Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty.
For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head.
If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an employment tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—
increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or
make an order under subsection (2)(b).
Regulations may make provision—
for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and
specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.
Regulations may modify the operation of any order made under section 14 of the Employment Tribunals Act 1996 (power to make provision as to interest on sums payable in pursuance of employment tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).
Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
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Any term in a contract of employment or other agreement is void so far as it purports to—
require a person to do anything which would contravene any provision of, or made under, this Part;
exclude or limit the operation of any provision of this Part; or
prevent any person from presenting a complaint to an industrial tribunal under this Part.
Paragraphs (b) and (c) of subsection (1) do not apply to an agreement not to institute proceedings under section 8(1), or to an agreement not to continue such proceedings, if—
a conciliation officer has acted under paragraph 1 of Schedule 3 in relation to the matter; or
the conditions set out in subsection (3) are satisfied.
The conditions are that—
the complainant must have received independent legal advice from a qualified lawyer as to the terms and effect of the proposed agreement (and in particular its effect on his ability to pursue his complaint before an industrial tribunal);
when the adviser gave the advice there must have been in force a policy of insurance covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice; and
the agreement must be in writing, relate to the particular complaint, identify the adviser and state that the conditions are satisfied.
In this section—
“tenancy” means a tenancy created—
“passenger compartment” has such meaning as may be prescribed;
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For the purposes of subsection (4), any two persons are to be treated as connected if—
one is a company of which the other (directly or indirectly) has control, or
both are companies of which a third person (directly or indirectly) has control.
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Nothing in this Part—
affects any charitable instrument which provides for conferring benefits on one or more categories of person determined by reference to any physical or mental capacity; or
makes unlawful any act done by a charity or recognised body in pursuance of any of its charitable purposes, so far as those purposes are connected with persons so determined.
Nothing in this Part prevents—
a person who provides supported employment from treating members of a particular group of disabled persons more favourably than other persons in providing such employment; or
the Secretary of State from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.
In this section—
“regulated rail vehicle” means any rail vehicle to which provisions of rail vehicle accessibility regulations are expressed to apply; and
in the case of a regulated taxi,
“partner” means the other member of a couple consisting of a man and a woman who are not married to each other but are living together as husband and wife.
by a lease or sub-lease,
“offender” is to be construed accordingly.
by a tenancy agreement, or
In the application of this section to England and Wales, “charitable purposes” means purposes which are exclusively charitable according to the law of England and Wales.
In the application of this section to Scotland, “charitable purposes” shall be construed in the same way as if it were contained in the Income Tax Acts.
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This section applies where—
a disabled person has applied for employment with an employer;
the employer has refused to offer, or has deliberately not offered, him the employment;
the disabled person has presented a complaint under section 8 against the employer;
the employer has advertised the employment (whether before or after the disabled person applied for it); and
the advertisement indicated, or might reasonably be understood to have indicated, that any application for the advertised employment would, or might, be determined to any extent by reference to—
the successful applicant not having any disability or any category of disability which includes the disabled person’s disability; or
the employer’s reluctance to take any action of a kind mentioned in section 6.
The tribunal hearing the complaint shall assume, unless the contrary is shown, that the employer’s reason for refusing to offer, or deliberately not offering, the employment to the complainant was related to the complainant’s disability.
In this section “advertisement” includes every form of advertisement or notice, whether to the public or not.
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It is unlawful for a principal, in relation to contract work, to discriminate against a disabled person—
in the terms on which he allows him to do that work;
by not allowing him to do it or continue to do it;
in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or
by subjecting him to any other detriment.
Subsection (1) does not apply to benefits of any description if the principal is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the contract worker in question, unless that provision differs in a material respect from the provision of the benefits by the principal to contract workers.
The provisions of this Part (other than subsections (1) to (3) of section 4) apply to any principal, in relation to contract work, as if he were, or would be, the employer of the contract worker and as if any contract worker supplied to do work for him were an employee of his.
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.
This section applies only in relation to contract work done at an establishment in Great Britain (the provisions of section 68 about the meaning of “employment at an establishment in Great Britain” applying for the purposes of this subsection with the appropriate modifications).
In this section—
“member”, in relation to an occupational pension scheme, means any active, deferred or pensioner member;
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It is unlawful for a trade organisation to discriminate against a disabled person—
in the terms on which it is prepared to admit him to membership of the organisation; or
by refusing to accept, or deliberately not accepting, his application for membership.
It is unlawful for a trade organisation, in the case of a disabled person who is a member of the organisation, to discriminate against him—
in the way it affords him access to any benefits or by refusing or deliberately omitting to afford him access to them;
by depriving him of membership, or varying the terms on which he is a member; or
by subjecting him to any other detriment.
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.
In this section “trade organisation” means an organisation of workers, an organisation of employers or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.
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For the purposes of this Part, a trade organisation discriminates against a disabled person if—
for a reason which relates to the disabled person’s disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and
it cannot show that the treatment in question is justified.
For the purposes of this Part, a trade organisation also discriminates against a disabled person if—
it fails to comply with a section 15 duty imposed on it in relation to the disabled person; and
it cannot show that its failure to comply with that duty is justified.
Subject to subsection (5), for the purposes of subsection (1) treatment is justified if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.
For the purposes of subsection (2), failure to comply with a section 15 duty is justified if, but only if, the reason for the failure is both material to the circumstances of the particular case and substantial.
If, in a case falling within subsection (1), the trade organisation is under a section 15 duty in relation to the disabled person concerned but fails without justification to comply with that duty, its treatment of that person cannot be justified under subsection (3) unless the treatment would have been justified even if the organisation had complied with the section 15 duty.
Regulations may make provision, for purposes of this section, as to circumstances in which—
treatment is to be taken to be justified;
failure to comply with a section 15 duty is to be taken to be justified;
treatment is to be taken not to be justified;
failure to comply with a section 15 duty is to be taken not to be justified.
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Where— place the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the organisation to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the arrangements or feature having that effect.
any arrangements made by or on behalf of a trade organisation, or
any physical feature of premises occupied by the organisation,
Subsection (1)(a) applies only in relation to—
arrangements for determining who should become or remain a member of the organisation;
any term, condition or arrangements on which membership or any benefit is offered or afforded.
In determining whether it is reasonable for a trade organisation to have to take a particular step in order to comply with subsection (1), regard shall be had, in particular, to— This subsection is subject to any provision of regulations made under subsection (7).
the extent to which taking the step would prevent the effect in question;
the extent to which it is practicable for the organisation to take the step;
the financial and other costs which would be incurred by the organisation in taking the step and the extent to which taking it would disrupt any of its activities;
the extent of the organisation’s financial and other resources;
the availability to the organisation of financial or other assistance with respect to taking the step.
In this section “the disabled person concerned” means—
in the case of arrangements for determining to whom membership should be offered, any disabled person who is, or has notified the organisation that he may be, an applicant for membership;
in any other case, a disabled person who is—
an applicant for membership; or
a member of the organisation.
Nothing in this section imposes any duty on an organisation in relation to a disabled person if the organisation does not know, and could not reasonably be expected to know that the disabled person concerned—
is, or may be, an applicant for membership; or
has a disability and is likely to be affected in the way mentioned in subsection (1).
Subject to the provisions of this section, nothing in this Part is to be taken to require a trade organisation to treat a disabled person more favourably than it treats or would treat others.
Regulations may make provision for the purposes of subsection (1) as to any of the matters mentioned in paragraphs (a) to (h) of section 6(8) (the references in those paragraphs to an employer being read for these purposes as references to a trade organisation).
Subsection (9) of section 6 applies in relation to such regulations as it applies in relation to regulations made under section 6(8).
Regulations may make provision adding to the duty imposed on trade organisations by this section, including provision of a kind which may be made under subsection (7).
This section imposes duties only for the purpose of determining whether a trade organisation has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
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It is unlawful for a principal, in relation to contract work, to discriminate against a disabled person who is a contract worker (a “disabled contract worker”) –
in the terms on which he allows him to do that work;
by not allowing him to do it or continue to do it;
in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or
by subjecting him to any other detriment.
It is also unlawful for a principal, in relation to contract work, to subject a disabled contract worker to harassment.
Subsection (1) does not apply to benefits of any description if the principal is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the contract worker in question, unless that provision differs in a material respect from the provision of the benefits by the principal to contract workers.
This subsection applies to a disabled contract worker where, by virtue of – he is likely, on each occasion when he is supplied to a principal to do contract work, to be placed at a substantial disadvantage in comparison with persons who are not disabled which is the same or similar in each case.
a provision, criterion or practice applied by or on behalf of all or most of the principals to whom he is or might be supplied, or
a physical feature of premises occupied by such persons,
Where subsection (4) applies to a disabled contract worker, his employer must take such steps as he would have to take under section 4A if the provision, criterion or practice were applied by him or on his behalf or (as the case may be) if the premises were occupied by him.
Section 4A applies to any principal, in relation to contract work, as if he were, or would be, the employer of the disabled contract worker and as if any contract worker supplied to do work for him were an employee of his.
However, for the purposes of section 4A as applied by subsection (6), a principal is not required to take a step in relation to a disabled contract worker if under that section the disabled contract worker’s employer is required to take the step in relation to him.
This section applies only in relation to contract work done at an establishment in Northern Ireland (the provisions of section 68 about the meaning of “employment at an establishment in Northern Ireland” applying for the purposes of this subsection with the appropriate modifications).
In this section –
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This section applies where—
an employer or trade organisation (“the occupier”) occupies premises under a lease;
but for this section, the occupier would not be entitled to make a particular alteration to the premises; and
the alteration is one which the occupier proposes to make in order to comply with a section 6 duty or section 15 duty.
Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—
for the occupier to be entitled to make the alteration with the written consent of the lessor;
for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;
if such an application is made, for the lessor not to withhold his consent unreasonably; and
for the lessor to be entitled to make his consent subject to reasonable conditions.
In this section—
If the terms and conditions of a lease— the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.
impose conditions which are to apply if the occupier alters the premises, or
entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,
Part I of Schedule 4 supplements the provisions of this section.
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Subject to subsection (5), sections 4D and 4E apply to an office or post if –
no relevant provision of this Part applies in relation to an appointment to the office or post; and
one or more of the conditions specified in subsection (3) is satisfied.
The following are relevant provisions of this Part for the purposes of subsection (1)(a): section 4, section 4B, section 6A, section 7A , section 14C and section 15B(3)(b).
The conditions specified in this subsection are that –
the office or post is one to which persons are appointed to discharge functions personally under the direction of another person, and in respect of which they are entitled to remuneration;
the office or post is one to which appointments are made by a Minister of the Crown, a Northern Ireland Minister or a government department;
the office or post is one to which appointments are made on the recommendation of, or subject to the approval of, a body or person referred to in paragraph (b) or the Assembly.
For the purposes of subsection (3)(a) the holder of an office or post –
is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions;
is not to be regarded as entitled to remuneration merely because he is entitled to payments –
in respect of expenses incurred by him in carrying out the functions of the office or post, or
by way of compensation for the loss of income or benefits he would or might have received from any person had he not been carrying out the functions of the office or post.
Sections 4D and 4E do not apply to –
any office of the House of Commons held by a member of it;
a life peerage within the meaning of the Life Peerages Act 1958 , or any office of the House of Lords held by a member of it;
any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975;
any office of the Assembly held by a member of it;
any office of a district council held by a member of it; or
any office of a political party.
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It is unlawful for a relevant person, in relation to an appointment to an office or post to which this section applies, to discriminate against a disabled person –
in the arrangements which he makes for the purpose of determining who should be offered the appointment;
in the terms on which he offers him the appointment; or
by refusing to offer him the appointment.
It is unlawful for a relevant person, in relation to an appointment to an office or post to which this section applies and which satisfies the condition set out in section 4C(3)(c), to discriminate against a disabled person –
in the arrangements which he makes for the purpose of determining who should be recommended or approved in relation to the appointment; or
in making or refusing to make a recommendation, or giving or refusing to give an approval, in relation to the appointment.
It is unlawful for a relevant person, in relation to a disabled person who has been appointed to an office or post to which this section applies, to discriminate against him –
in the terms of the appointment;
in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit, or by refusing to afford him any such opportunity;
by terminating the appointment; or
by subjecting him to any other detriment in relation to the appointment.
It is also unlawful for a relevant person, in relation to an office or post to which this section applies, to subject to harassment a disabled person –
who has been appointed to the office or post;
who is seeking or being considered for appointment to the office or post; or
who is seeking or being considered for a recommendation or approval in relation to an appointment to an office or post satisfying the condition set out in section 4C(3)(c).
Subsection (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the disabled person belongs, unless –
that provision differs in a material respect from the provision of the benefits to persons appointed to offices or posts which are the same as, or not materially different from, that to which the disabled person has been appointed;
the provision of the benefits to the person appointed is regulated by the terms and conditions of his appointment; or
the benefits relate to training.
In subsection (3)(c) the reference to the termination of the appointment includes a reference –
to the termination of the appointment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the appointment is renewed on the same terms and conditions; and
to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment by reason of the conduct of the relevant person.
In this section –
references to making a recommendation include references to making a negative recommendation; and
references to refusal include references to deliberate omission.
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Where –
a provision, criterion or practice applied by or on behalf of a relevant person, or
any physical feature of premises – places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the relevant person to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
under the control of a relevant person, and
at or from which the functions of an office or post to which this section applies are performed,
In this section, “the disabled person concerned” means –
in the case of a provision, criterion or practice for determining who should be appointed to, or recommended or approved in relation to, an office or post to which this section applies, any disabled person who –
is, or has notified the relevant person that he may be, seeking appointment to, or (as the case may be) seeking a recommendation or approval in relation to, that office or post, or
is being considered for appointment to, or (as the case may be) for a recommendation or approval in relation to, that office or post;
in any other case, a disabled person –
who is seeking or being considered for appointment to, or a recommendation or approval in relation to, the office or post concerned, or
who has been appointed to the office or post concerned.
Nothing in this section imposes any duty on the relevant person in relation to a disabled person if the relevant person does not know, and could not reasonably be expected to know –
in the case of a person who is being considered for, or is or may be seeking, appointment to, or a recommendation or approval in relation to, an office or post, that the disabled person concerned –
is, or may be, seeking appointment to, or (as the case may be) seeking a recommendation or approval in relation to, that office or post, or
is being considered for appointment to, or (as the case may be) for a recommendation or approval in relation to, that office or post; or
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
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In sections 4C to 4E, appointment to an office or post does not include election to an office or post.
In sections 4D and 4E, “relevant person” means –
in a case relating to an appointment to an office or post, the person with power to make that appointment;
in a case relating to the making of a recommendation or the giving of an approval in relation to an appointment, a person or body referred to in section 4C(3)(b) with power to make that recommendation or (as the case may be) to give that approval;
in a case relating to a term of an appointment, the person with power to determine that term;
in a case relating to a working condition afforded in relation to an appointment –
the person with power to determine that working condition; or
where there is no such person, the person with power to make the appointment;
in a case relating to the termination of an appointment, the person with power to terminate the appointment;
in a case relating to the subjection of a disabled person to any other detriment or to harassment, any person or body falling within one or more of paragraphs (a) to (e) in relation to such cases as are there mentioned.
In subsection (2)(d), “working condition” includes –
any opportunity for promotion, a transfer, training or receiving any other benefit; and
any physical feature of premises at or from which the functions of an office or post are performed.
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Every occupational pension scheme shall be taken to include a provision (“a non-discrimination rule”)—
relating to the terms on which—
persons become members of the scheme; and
members of the scheme are treated; and
requiring the trustees or managers of the scheme to refrain from any act or omission which, if done in relation to a person by an employer, would amount to unlawful discrimination against that person for the purposes of this Part.
The other provisions of the scheme are to have effect subject to the non-discrimination rule.
Without prejudice to section 67, regulations under this Part may—
with respect to trustees or managers of occupational pension schemes make different provision from that made with respect to employers; or
make provision modifying the application to such trustees or managers of any regulations made under this Part, or of any provisions of this Part so far as they apply to employers.
In determining, for the purposes of this section, whether an act or omission would amount to unlawful discrimination if done by an employer, any provision made under subsection (3) shall be applied as if it applied in relation to the notional employer.
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This section applies where a provider of insurance services (“the insurer”) enters into arrangements with an employer under which the employer’s employees, or a class of his employees—
receive insurance services provided by the insurer; or
are given an opportunity to receive such services.
The insurer is to be taken, for the purposes of this Part, to discriminate unlawfully against a disabled person who is a relevant employee if he acts in relation to that employee in a way which would be unlawful discrimination for the purposes of Part III if—
he were providing the service in question to members of the public; and
the employee was provided with, or was trying to secure the provision of, that service as a member of the public.
In this section—
For the purposes of the definition of “relevant employee” in subsection (3), “employee”, in relation to an employer, includes a person who has applied for, or is contemplating applying for, employment by that employer or (as the case may be) employment by him in the class in question.
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Every occupational pension scheme shall be taken to include a provision (“the non-discrimination rule”) containing the following requirements –
a requirement that the trustees or managers of the scheme refrain from discriminating against a relevant disabled person in carrying out any of their functions in relation to the scheme (including in particular their functions relating to the admission of members to the scheme and the treatment of members of the scheme);
a requirement that the trustees or managers of the scheme do not subject a relevant disabled person to harassment in relation to the scheme.
The other provisions of the scheme are to have effect subject to the non-discrimination rule.
It is unlawful for the trustees or managers of an occupational pension scheme –
to discriminate against a relevant disabled person contrary to requirement (a) of the non-discrimination rule; or
to subject a relevant disabled person to harassment contrary to requirement (b) of the non-discrimination rule.
The non-discrimination rule does not apply in relation to rights accrued, or benefits payable, in respect of periods of service prior to the coming into operation of this section (but it does apply to communications with members or prospective members of the scheme in relation to such rights or benefits).
The trustees or managers of an occupational pension scheme may, if –
they do not (apart from this subsection) have power to make such alterations to the scheme as may be required to secure conformity with the non-discrimination rule, or
they have such power but the procedure for doing so – by resolution make such alterations to the scheme.
is liable to be unduly complex or protracted, or
involves the obtaining of consents which cannot be obtained, or can only be obtained with undue delay or difficulty,
The alterations referred to in subsection (5) may have effect in relation to a period before the alterations are made (but may not have effect in relation to a period before the coming into operation of this section).
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Where – places a relevant disabled person at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the trustees or managers to take such steps as it is reasonable, in all the circumstances of the case, for them to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
a provision, criterion or practice (including a scheme rule) applied by or on behalf of the trustees or managers of an occupational pension scheme, or
any physical feature of premises occupied by the trustees or managers,
The making of alterations to scheme rules is (in addition to the examples set out in section 18B(2)) an example of a step which trustees or managers may have to take in order to comply with the duty set out in subsection (1).
Nothing in subsection (1) imposes any duty on trustees or managers in relation to a disabled person if they do not know, and could not reasonably be expected to know –
that the disabled person is a relevant disabled person; or
that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
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Where under section 17A a relevant disabled person presents a complaint to an industrial tribunal that the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part, the employer in relation to that scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.
In this section, “employer”, in relation to an occupational pension scheme, has the meaning given by Article 121(1) of the Pensions (Northern Ireland) Order 1995 as at the date of coming into operation of this section.
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This section applies where –
under section 17A a relevant disabled person presents to an industrial tribunal a complaint that –
the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part; or
an employer has so acted in relation to him;
the complaint relates to –
the terms on which persons become members of an occupational pension scheme, or
the terms on which members of the scheme are treated;
the disabled person is not a pensioner member of the scheme; and
the tribunal finds that the complaint is well-founded.
The tribunal may, without prejudice to the generality of its power under section 17A(2)(a), make a declaration that the complainant has a right –
(where subsection (1)(b)(i) applies) to be admitted to the scheme in question; or
(where subsection (1)(b)(ii) applies) to membership of the scheme without discrimination.
A declaration under subsection (2) –
may be made in respect of such period as the declaration may specify (but may not be made in respect of any period before the coming into operation of this section);
may make such provision as the tribunal considers appropriate as to the terms upon which, or the capacity in which, the disabled person is to enjoy such admission or membership.
The tribunal may not award the disabled person any compensation under section 17A(2)(b) (whether in relation to arrears of benefits or otherwise) other than –
compensation for injury to feelings;
compensation pursuant to section 17A(5).
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In their application to communications, sections 4G to 4J apply in relation to a disabled person who is – as they apply in relation to a disabled person who is a pensioner member of the scheme.
entitled to the present payment of dependants' or survivors' benefits under an occupational pension scheme; or
a pension credit member of such a scheme,
In sections 4G to 4J and in this section –
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It is unlawful for a firm, in relation to a position as partner in the firm, to discriminate against a disabled person –
in the arrangements which they make for the purpose of determining who should be offered that position;
in the terms on which they offer him that position;
by refusing or deliberately omitting to offer him that position; or
in a case where the person already holds that position –
in the way they afford him access to any benefits or by refusing or deliberately omitting to afford him access to them; or
by expelling him from that position, or subjecting him to any other detriment.
It is also unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a disabled person who holds or has applied for that position.
Subsection (1) does not apply to benefits of any description if the firm are concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the partner in question, unless that provision differs in a material respect from the provision of the benefits to other partners.
The reference in subsection (1)(d)(ii) to the expulsion of a person from a position as partner includes a reference –
to the termination of that person’s partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and
to the termination of that person’s partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.
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Where – places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the firm to take such steps as it is reasonable, in all the circumstances of the case, for them to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
a provision, criterion or practice applied by or on behalf of a firm, or
any physical feature of premises occupied by the firm,
In this section, “the disabled person concerned” means –
in the case of a provision, criterion or practice for determining to whom the position of partner should be offered, any disabled person who is, or has notified the firm that he may be, a candidate for that position;
in any other case, a disabled person who is –
a partner, or
a candidate for the position of partner.
Nothing in this section imposes any duty on a firm in relation to a disabled person if the firm do not know, and could not reasonably be expected to know –
in the case of a candidate or potential candidate, that the disabled person concerned is, or may be, a candidate for the position of partner; or
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
Where a firm are required by this section to take any steps in relation to the disabled person concerned, the cost of taking those steps shall be treated as an expense of the firm; and the extent to which such cost should be borne by that person, where he is or becomes a partner in the firm, shall not exceed such amount as is reasonable, having regard in particular to the proportion in which he is entitled to share in the firm’s profits.
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Sections 6A(1)(a) to (c) and (2) and section 6B apply in relation to persons proposing to form themselves into a partnership as they apply in relation to a firm.
Sections 6A and 6B apply to a limited liability partnership as they apply to a firm; and, in the application of those sections to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.
In the case of a limited partnership, references in sections 6A and 6B to a partner shall be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907 .
In sections 6A and 6B and in this section, “firm” has the meaning given by section 4 of the Partnership Act 1890 .
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It is unlawful for a barrister, in relation to taking any person as his pupil, to discriminate against a disabled person –
in the arrangements which he makes for the purpose of determining whom he will take as his pupil;
in respect of any terms on which he offers to take the disabled person as his pupil; or
by refusing, or deliberately omitting, to take the disabled person as his pupil.
It is unlawful for a barrister, in relation to a disabled person who is a pupil, to discriminate against him –
in respect of any terms applicable to him as a pupil;
in the opportunities for training, or gaining experience, which are afforded or denied to him;
in the benefits which are afforded or denied to him;
by terminating the relationship or by subjecting him to any pressure to leave; or
by subjecting him to any other detriment.
It is unlawful for a barrister, in relation to taking any person as his pupil, to subject to harassment a disabled person who is, or has applied to be taken as, his pupil.
It is also unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against a disabled person or to subject him to harassment.
In this section and section 7B “pupil” has the meaning commonly associated with its use in the context of a person training as a barrister.
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Where – places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the barrister to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
a provision, criterion or practice applied by or on behalf of a barrister, or
any physical feature of premises occupied by, and under the control of, a barrister,
In this section, “the disabled person concerned” means –
in the case of a provision, criterion or practice for determining whom he will take as his pupil, any disabled person who has applied, or has notified the barrister that he may apply, to be taken as a pupil;
in any other case, a disabled person who is –
an applicant to be taken as the barrister’s pupil, or
a pupil.
Nothing in this section imposes any duty on a barrister in relation to a disabled person if he does not know, and could not reasonably be expected to know –
in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, applying to be taken as his pupil; or
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
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A complaint by any person that another person— may be presented to an industrial tribunal.
has discriminated against him in a way which is unlawful under this Part, or
is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,
Where an industrial tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—
making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
ordering the respondent to pay compensation to the complainant;
recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.
Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty.
For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head.
If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—
increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or
make an order under subsection (2)(b).
Regulations may make provision—
for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and
specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.
Regulations may modify the operation of any order made under paragraph 6A of Schedule 9 to the Employment Protection (consolidation)Act 1978 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).
Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
It is unlawful for a trade organisation to discriminate against a disabled person –
in the arrangements which it makes for the purpose of determining who should be offered membership of the organisation;
in the terms on which it is prepared to admit him to membership of the organisation; or
by refusing to accept, or deliberately not accepting, his application for membership.
It is unlawful for a trade organisation, in the case of a disabled person who is a member of the organisation, to discriminate against him –
in the way it affords him access to any benefits or by refusing or deliberately omitting to afford him access to them;
by depriving him of membership, or varying the terms on which he is a member; or
by subjecting him to any other detriment.
It is also unlawful for a trade organisation, in relation to membership of that organisation, to subject to harassment a disabled person who –
is a member of the organisation; or
has applied for membership of the organisation.
In this section and section 14 “trade organisation” means –
an organisation of workers;
an organisation of employers; or
any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.
Where – places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the organisation to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
a provision, criterion or practice applied by or on behalf of a trade organisation, or
any physical feature of premises occupied by the organisation,
In this section “the disabled person concerned” means –
in the case of a provision, criterion or practice for determining to whom membership should be offered, any disabled person who is, or has notified the organisation that he may be, an applicant for membership;
in any other case, a disabled person who is –
a member of the organisation; or
an applicant for membership of the organisation.
Nothing in this section imposes any duty on an organisation in relation to a disabled person if the organisation does not know, and could not reasonably be expected to know –
in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for membership of the organisation; or
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
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It is unlawful for a qualifications body to discriminate against a disabled person –
in the arrangements which it makes for the purpose of determining upon whom to confer a professional or trade qualification;
in the terms on which it is prepared to confer a professional or trade qualification on him;
by refusing or deliberately omitting to grant any application by him for such a qualification; or
by withdrawing such a qualification from him or varying the terms on which he holds it.
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.
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 –
the standard is, or would be, applied equally to persons who do not have his particular disability; and
its application is a proportionate means of achieving a legitimate aim.
For the purposes of subsection (3) –
section 3A(2) (and (6)) does not apply; and
section 3A(4) has effect as if the reference to section 3A(3) were a reference to subsection (3) of this section.
In this section and section 14B –
“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.
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 have the same meaning as in that Order.
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Where – places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the qualifications body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
a provision, criterion or practice, other than a competence standard, applied by or on behalf of a qualifications body; or
any physical feature of premises occupied by a qualifications body,
In this section “the disabled person concerned” means –
in the case of a provision, criterion or practice for determining on whom a professional or trade qualification is to be conferred, any disabled person who is, or has notified the qualifications body that he may be, an applicant for the conferment of that qualification;
in any other case, a disabled person who –
holds a professional or trade qualification conferred by the qualifications body, or
applies for a professional or trade qualification which it confers.
Nothing in this section imposes a duty on a qualifications body in relation to a disabled person if the body does not know, and could not reasonably be expected to know –
in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the conferment of a professional or trade qualification; or
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
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It is unlawful, in the case of a disabled person seeking or undertaking a work placement, for a placement provider to discriminate against him –
in the arrangements which he makes for the purpose of determining who should be offered a work placement;
in the terms on which he affords him access to any work placement or any facilities concerned with such a placement;
by refusing or deliberately omitting to afford him such access;
by terminating the placement; or
by subjecting him to any other detriment in relation to the placement.
It is also unlawful for a placement provider, in relation to a work placement, to subject to harassment –
a disabled person to whom he is providing a placement; or
a disabled person who has applied to him for a placement.
This section and section 14D do not apply—
to anything which is unlawful under any provision of section 4, sections 19 to 21A, sections 21F to 21J or Part 4; or
to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act.
In this section and section 14D –
This section and section 14D do not apply to a work placement undertaken in any of the naval, military and air forces of the Crown.
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Where – places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the placement provider to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
a provision, criterion or practice applied by or on behalf of a placement provider, or
any physical feature of premises occupied by the placement provider,
In this section, “the disabled person concerned” means –
in the case of a provision, criterion or practice for determining to whom a work placement should be offered, any disabled person who is, or has notified the placement provider that he may be, an applicant for that work placement;
in any other case, a disabled person who is –
an applicant for the work placement concerned, or
undertaking a work placement with the placement provider.
Nothing in this section imposes any duty on a placement provider in relation to the disabled person concerned if he does not know, and could not reasonably be expected to know –
in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the work placement; or
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
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In sections 15B and 15C “council” means a district council.
In relation to a member of a council, a reference in those sections to his carrying-out of official business is to his doing of anything—
as member of the council;
as member of any body to which he is appointed by, or is appointed following nomination by, the council or a group of bodies that includes the council; or
as member of any other body if it is a public body.
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It is unlawful for a council to discriminate against a disabled person who is a member of the council—
in the opportunities which it affords the disabled person to receive training, or any other facility, for his carrying-out of official business;
by refusing to afford, or deliberately not affording, the disabled person any such opportunities; or
by subjecting the disabled person to any other detriment in connection with his carrying-out of official business.
It is unlawful for a council to subject a disabled person who is a member of the council to harassment in connection with his carrying-out of official business.
A member of a council is not subjected to a detriment for the purposes of subsection (1)(c) by reason of—
his not being appointed or elected to an office of the council;
his not being appointed or elected to, or to an office of, a committee or sub-committee of the council; or
his not being appointed or nominated in exercise of any power of the council, or of a group of bodies that includes the council, to appoint, or nominate for appointment, to any body.
Regulations may make provision as to the circumstances in which treatment is to be taken to be justified, or is to be taken not to be justified, for the purposes of section 3A(1)(b) as it has effect for the interpretation of “discriminate” in subsection (1).
Regulations under subsection (4) may (in particular) provide for section 3A(3) to apply with prescribed modifications, or not to apply, for those purposes; but treatment of a disabled person cannot be justified under subsection (4) if it amounts to direct discrimination falling within section 3A(5).
If, in a case falling within section 3A(1) as it has effect for the interpretation of “discriminate” in subsection (1), a council is under a duty imposed by section 15C in relation to a disabled person but fails to comply with that duty, its treatment of that person cannot be justified under subsection (4) unless it would have been justified even if it had complied with that duty.
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Subsection (2) applies where— places a disabled person who is a member of the council at a substantial disadvantage, in comparison with members of the council who are not disabled persons, in connection with his carrying-out of official business.
a provision, criterion or practice applied by or on behalf of a council, or
any physical feature of premises occupied by, or under the control of, a council,
It is the duty of the council to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
Subsection (2) does not impose any duty on a council in relation to a member of the council who is a disabled person if the council does not know, and could not reasonably be expected to know, that the member—
has a disability; and
is likely to be affected in the way mentioned in subsection (1).
Regulations may make provision, for purposes of this section—
as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken to have the effect mentioned in subsection (1);
as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken not to have the effect mentioned in subsection (1);
as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a council to have to take steps of a prescribed description;
as to steps which it is always, or as to steps which it is never, reasonable for a council to have to take;
as to things which are, or as to things which are not, to be treated as physical features.
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This section applies where –
there has been a relevant relationship between a disabled person and another person (“the relevant person”), and
the relationship has come to an end.
In this section a “relevant relationship”is –
a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under any preceding provision of this Part , other than sections 15B and 15C; or
a relationship between a person providing employment services . . . and a person receiving such services.
It is unlawful for the relevant person – where the discrimination or harassment arises out of and is closely connected to the relevant relationship.
to discriminate against the disabled person by subjecting him to a detriment, or
to subject the disabled person to harassment,
This subsection applies where – places the disabled person at a substantial disadvantage in comparison with persons who are not disabled, but are in the same position as the disabled person in relation to the relevant person.
a provision, criterion or practice applied by the relevant person to the disabled person in relation to any matter arising out of the relevant relationship, or
a physical feature of premises which are occupied by the relevant person,
Where subsection (4) applies, it is the duty of the relevant person to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, practice or criterion, or feature, having that effect.
Nothing in subsection (5) imposes any duty on the relevant person if he does not know, and could not reasonably be expected to know, that the disabled person has a disability and is likely to be affected in the way mentioned in that subsection.
In subsection (2), reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before the commencement of this section, reference to such an act which would, after the commencement of this section, be unlawful.
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It is unlawful for a person to publish or cause to be published an advertisement which—
invites applications for a relevant appointment or benefit; and
indicates, or might reasonably be understood to indicate, that an application will or may be determined to any extent by reference to—
the applicant not having any disability, or any particular disability,
the applicant not having had any disability, or any particular disability, or
any reluctance of the person determining the application to comply with a duty to make reasonable adjustments or (in relation to employment services) with the duty imposed by section 21(1) as modified by section 21A(6).
Subsection (1) does not apply where it would not in fact be unlawful under this Part or, to the extent that it relates to the provision of employment services, Part III for an application to be determined in the manner indicated (or understood to be indicated) in the advertisement.
A person who publishes an advertisement of the kind described in subsection (1) shall not be subject to any liability under subsection (1) in respect of the publication of the advertisement if he proves—
that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful; and
that it was reasonable for him to rely on the statement.
A person who knowingly or recklessly makes a statement such as is mentioned in subsection (2A)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Subsection (1) does not apply in relation to an advertisement so far as it invites persons to apply in their capacity as members of a district council, for a relevant appointment or benefit which the council is intending to make or confer.
In this section, “relevant appointment or benefit” means –
any employment, promotion or transfer of employment;
membership of, or a benefit under, an occupational pension scheme;
an appointment to any office or post to which section 4D applies;
any partnership in a firm (within the meaning of section 6A);
any pupillage (within the meaning of section 7A);
any membership of a trade organisation (within the meaning of section 13);
any professional or trade qualification (within the meaning of section 14A);
any work placement (within the meaning of section 14C);
any employment services . . . .
In this section, “advertisement” includes every form of advertisement or notice, whether to the public or not.
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It is unlawful for a person – to instruct him to do any act which is unlawful under this Part or, to the extent that it relates to the provision of employment services, Part III, or to procure or attempt to procure the doing by him of any such act.
who has authority over another person, or
in accordance with whose wishes that other person is accustomed to act,
It is also unlawful to induce, or attempt to induce, a person to do any act which contravenes this Part or, to the extent that it relates to the provision of employment services, Part III by –
providing or offering to provide him with any benefit, or
subjecting or threatening to subject him to any detriment.
An attempted inducement is not prevented from falling within subsection (2) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.
A complaint by any person that another person— may be presented to an industrial tribunal.
has discriminated against him , or subjected him to harassment, in a way which is unlawful under this Part, or
is, by virtue of section 57 or 58, to be treated as having done so,
Subsection (1) does not apply to a complaint under section 14A(1) or (2) about an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment.
Where, on the hearing of a complaint under subsection (1), the complainant proves facts from which the tribunal could, apart from this subsection, conclude in the absence of an adequate explanation that the respondent has acted in a way which is unlawful under this Part, the tribunal shall uphold the complaint unless the respondent proves that he did not so act.
Where an industrial tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable—
making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
ordering the respondent to pay compensation to the complainant;
recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.
Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort for breach of statutory duty.
For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head.
If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so—
increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or
make an order under subsection (2)(b).
Regulations may make provision—
for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and
specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.
Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b).
Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
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Only the Commission may bring proceedings in respect of a contravention of section 16B(1) (discriminatory advertisements) or section 16C (instructions and pressure to discriminate).
The Commission shall bring any such proceedings in accordance with subsection (3) or (4).
The Commission may present to an industrial tribunal a complaint that a person has done an act which is unlawful under section 16B(1) or 16C; and if the tribunal finds that the complaint is well-founded it shall make a declaration to that effect.
Where – the Commission may apply to a county court for an injunction restraining him from doing such an act; and the court, if satisfied that the application is well-founded, may grant the injunction in the terms applied for or in more limited terms.
a tribunal has made a finding pursuant to subsection (3) that a person has done an act which is unlawful under section 16B(1) or 16C,
that finding has become final, and
it appears to the Commission that, unless restrained, he is likely to do a further act which is unlawful under section 16B(1) or (as the case may be) section 16C,
A finding of a tribunal under subsection (3) in respect of any act shall, if it has become final, be treated as conclusive by a county court upon an application under subsection (4).
A finding of a tribunal becomes final for the purposes of this section when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.
An industrial tribunal shall not consider a complaint under subsection (3) unless it is presented before the end of the period of six months beginning when the act to which it relates was done; and a county court shall not consider an application under subsection (4) unless it is made before the end of the period of five years so beginning.
A court or tribunal may consider any such complaint or application which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
The provisions of paragraph 3(3) and (4) of Schedule 3 apply for the purposes of subsection (7) as they apply for the purposes of paragraph 3(1) of that Schedule.
In this section “the Commission” means the Equality Commission for Northern Ireland.
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Schedule 3A shall have effect.
This section applies where—
a person to whom a duty to make reasonable adjustments applies(“the occupier”) occupies premises under a lease;
but for this section, the occupier would not be entitled to make a particular alteration to the premises; and
the alteration is one which the occupier proposes to make in order to comply with that duty.
Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—
for the occupier to be entitled to make the alteration with the written consent of the lessor;
for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;
if such an application is made, for the lessor not to withhold his consent unreasonably; and
for the lessor to be entitled to make his consent subject to reasonable conditions.
Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided—
for the lessee to have to make a written application to the lessor for consent to the alteration;
if such an application is made, for the lessor not to withhold his consent unreasonably; and
for the lessor to be entitled to make his consent subject to reasonable conditions.
In this section—
If the terms and conditions of a lease— the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.
impose conditions which are to apply if the occupier alters the premises, or
entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,
Part I of Schedule 4 supplements the provisions of this section.
In determining whether it is reasonable for a person to have to take a particular step in order to comply with a duty to make reasonable adjustments, regard shall be had, in particular, to—
the extent to which taking the step would prevent the effect in relation to which the duty is imposed;
the extent to which it is practicable for him to take the step;
the financial and other costs which would be incurred by him in taking the step and the extent to which taking it would disrupt any of his activities;
the extent of his financial and other resources;
the availability to him of financial or other assistance with respect to taking the step;
the nature of his activities and the size of his undertaking;
where the step would be taken in relation to a private household, the extent to which taking it would—
disrupt that household, or
disturb any person residing there.
The following are examples of steps which a person may need to take in relation to a disabled person in order to comply with a duty to make reasonable adjustments—
making adjustments to premises;
allocating some of the disabled person’s duties to another person;
transferring him to fill an existing vacancy;
altering his hours of working or training;
assigning him to a different place of work or training;
allowing him to be absent during working or training hours for rehabilitation, assessment or treatment;
giving, or arranging for, training or mentoring (whether for the disabled person or any other person);
acquiring or modifying equipment;
modifying instructions or reference manuals;
modifying procedures for testing or assessment;
providing a reader or interpreter;
providing supervision or other support.
For the purposes of a duty to make reasonable adjustments, where under any binding obligation a person is required to obtain the consent of another person to any alteration of the premises occupied by him—
it is always reasonable for him to have to take steps to obtain that consent; and
it is never reasonable for him to have to make that alteration before that consent is obtained.
The steps referred to in subsection (3)(a) shall not be taken to include an application to a court or tribunal.
In subsection (3), “binding obligation” means a legally binding obligation (not contained in a lease (within the meaning of section 18A(3)) in relation to the premises, whether arising from an agreement or otherwise.
A provision of this Part imposing a duty to make reasonable adjustments applies only for the purpose of determining whether a person has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
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Nothing in this Part –
affects any charitable instrument which provides for conferring benefits on one or more categories of person determined by reference to any physical or mental capacity; or
makes unlawful any act done by a charity in pursuance of any of its charitable purposes, so far as those purposes are connected with persons so determined.
Nothing in this Part prevents –
a person who provides supported employment from treating members of a particular group of disabled persons more favourably than other persons in providing such employment; or
the Department for Communities from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.
In this section –
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“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 , 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 (subject to any provision under section 15C(4)(e)) any of the following (whether permanent or temporary) – any feature arising from the design or construction of a building on the premises, any feature on the premises of any approach to, exit from or access to such a building, any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises, any other physical element or quality of any land comprised in the premises; “provision, criterion or practice” includes any arrangements.
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.
In this Part –
This Part does not apply in relation to the provision, otherwise than in the course of a Part 2 relationship, of premises by the regulated party to the other party.
For the purposes of subsection (1)—
“Part 2 relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and
in relation to a Part 2 relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.
It is unlawful for a provider of services to discriminate against a disabled person—
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;
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;
in the standard of service which he provides to the disabled person or the manner in which he provides it to him; or
in the terms on which he provides a service to the disabled person.
For the purposes of this section and sections 20 to 21ZA—
the provision of services includes the provision of any goods or facilities;
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
it is irrelevant whether a service is provided on payment or without payment.
The following are examples of services to which this section and sections 20 and 21 apply—
access to and use of any place which members of the public are permitted to enter;
access to and use of means of communication;
access to and use of information services;
accommodation in a hotel, boarding house or other similar establishment;
facilities by way of banking or insurance or for grants, loans, credit or finance;
facilities for entertainment, recreation or refreshment;
facilities provided by employment agencies or under sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950;
the services of any profession or trade, or any local or other public authority.
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.
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.
education which is funded, or secured, by a relevant body or provided at—
an establishment which is funded by such a body or by a Minister of the Crown; or
any other establishment which is a school as defined in section 14(5) of the Further and Higher Education Act 1992 or section 135(1) of the Education (Scotland) Act 1980;
any service so far as it consists of the use of any means of transport; or
such other services as may be prescribed.
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.
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.
a local education authority in England and Wales;
an education authority in Scotland;
the Funding Agency for Schools;
the Schools Funding Council for Wales;
the Further Education Funding Council for England;
the Further Education Funding Council for Wales;
the Higher Education Funding Council for England;
the Scottish Higher Education Funding Council;
the Higher Education Funding Council for Wales;
the Teacher Training Agency;
a voluntary organisation; or
a body of a prescribed kind.
For the purposes of section 19, a provider of services discriminates against a disabled person if —
for a reason which relates to the disabled person's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and
he cannot show that the treatment in question is justified.
For the purposes of section 19, a provider of services also discriminates against a disabled person if —
he fails to comply with a section 21 duty imposed on him in relation to the disabled person; and
he cannot show that his failure to comply with that duty is justified.
For the purposes of this section, treatment is justified only if—
in the opinion of the provider of services, one or more of the conditions mentioned in subsection (4) are satisfied; and
it is reasonable, in all the circumstances of the case, for him to hold that opinion.
The conditions are that—
in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);
in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case;
in a case falling within section 19(1)(a), the treatment is necessary because the provider of services would otherwise be unable to provide the service to members of the public;
in a case falling within section 19(1)(c) or (d), the treatment is necessary in order for the provider of services to be able to provide the service to the disabled person or to other members of the public;
in a case falling within section 19(1)(d), the difference in the terms on which the service is provided to the disabled person and those on which it is provided to other members of the public reflects the greater cost to the provider of services in providing the service to the disabled person.
Any increase in the cost of providing a service to a disabled person which results from compliance by a provider of services with a section 21 duty shall be disregarded for the purposes of subsection (4)(e).
Regulations may make provision, for purposes of this section, as to circumstances in which—
it is reasonable for a provider of services to hold the opinion mentioned in subsection (3)(a);
it is not reasonable for a provider of services to hold that opinion.
Regulations may make provision for subsection (4)(b) not to apply in prescribed circumstances where—
a person is acting for a disabled person under a power of attorney;
functions conferred by or under the Mental Capacity Act 2005 are exercisable in relation to a disabled person's property or affairs; or
powers are exercisable in relation to a disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor.
Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (4)) in which treatment is to be taken to be justified.
In subsections (3), (4) and (8) “treatment” includes failure to comply with a section 21 duty.
Where a provider of services has a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled persons to make use of a service which he provides, or is prepared to provide, to other members of the public, it is his duty to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change that practice, policy or procedure so that it no longer has that effect.
Where a physical feature (for example, one arising from the design or construction of a building or the approach or access to premises) makes it impossible or unreasonably difficult for disabled persons to make use of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to—
remove the feature;
alter it so that it no longer has that effect;
provide a reasonable means of avoiding the feature; or
provide a reasonable alternative method of making the service in question available to disabled persons.
Regulations may prescribe—
matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection (2)(c) or (d) is reasonable; and
categories of providers of services to whom subsection (2) does not apply.
Where an auxiliary aid or service (for example, the provision of information on audio tape or of a sign language interpreter) would— it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to provide that auxiliary aid or service.
enable disabled persons to make use of a service which a provider of services provides, or is prepared to provide, to members of the public, or
facilitate the use by disabled persons of such a service,
Regulations may make provision, for the purposes of this section—
as to circumstances in which it is reasonable for a provider of services to have to take steps of a prescribed description;
as to circumstances in which it is not reasonable for a provider of services to have to take steps of a prescribed description;
as to what is to be included within the meaning of “practice, policy or procedure”;
as to what is not to be included within the meaning of that expression;
as to things which are to be treated as physical features;
as to things which are not to be treated as such features;
as to things which are to be treated as auxiliary aids or services;
as to things which are not to be treated as auxiliary aids or services.
Nothing in this section requires a provider of services to take any steps which would fundamentally alter the nature of the service in question or the nature of his trade, profession or business.
Nothing in this section requires a provider of services to take any steps which would cause him to incur expenditure exceeding the prescribed maximum.
Regulations under subsection (7) may provide for the prescribed maximum to be calculated by reference to—
aggregate amounts of expenditure incurred in relation to different cases;
prescribed periods;
services of a prescribed description;
premises of a prescribed description; or
such other criteria as may be prescribed.
Regulations may provide, for the purposes of subsection (7), for expenditure incurred by one provider of services to be treated as incurred by another.
This section imposes duties only for the purpose of determining whether a provider of services has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
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Section 19(1)(a), (c) and (d) do not apply in relation to a case where the service is a transport service and, as provider of that service, the provider of services discriminates against a disabled person—
in not providing, or in providing, him with a vehicle; or
in not providing, or in providing, him with services when he is travelling in a vehicle provided in the course of the transport service.
For the purposes of section 21(1), (2) and (4), it is never reasonable for a provider of services, as a provider of a transport service—
to have to take steps which would involve the alteration or removal of a physical feature of a vehicle used in providing the service;
to have to take steps which would—
affect whether vehicles are provided in the course of the service or what vehicles are so provided, or
where a vehicle is provided in the course of the service, affect what happens in the vehicle while someone is travelling in it.
Regulations may provide for subsection (1) or (2) not to apply, or to apply only to a prescribed extent, in relation to vehicles of a prescribed description.
In this section—
In this Act , “employment services” means—
vocational guidance;
vocational training; or
services to assist a person to obtain or retain employment, or to establish himself as self-employed.
It is unlawful for a provider of employment services, in relation to such services, to subject to harassment a disabled person— and section 3B (meaning of “harassment”) applies for the purposes of this subsection as it applies for the purposes of Part II.
to whom he is providing such services, or
who has requested him to provide such services;
In their application to employment services, the preceding provisions of this Part have effect as follows.
Section 19 has effect as if—
after subsection (1)(a), there were inserted the following paragraph—;
in subsection (1)(b), for “section 21” there were substituted “ subsection (2) or (4) of section 21 ”;
in subsection (2), for “sections 20 to 21ZA” there were substituted sections 20 to 21A.
Section 20 has effect as if—
after subsection (1), there were inserted the following subsection—;
in subsection (2)(a), for “a section 21 duty imposed” there were substituted “ a duty imposed by subsection (2) or (4) of section 21 ”;
after subsection (3), there were inserted the following subsection—.
Section 21 has effect as if—
in subsection (1), for “makes it impossible or unreasonably difficult for disabled persons to make use of” there were substituted places disabled persons at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of;
after subsection (1), there were inserted the following subsection—.
It is unlawful for a person with power to dispose of any premises to discriminate against a disabled person—
in the terms on which he offers to dispose of those premises to the disabled person;
by refusing to dispose of those premises to the disabled person; or
in his treatment of the disabled person in relation to any list of persons in need of premises of that description.
Subsection (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless, for the purpose of disposing of the premises, he—
uses the services of an estate agent, or
publishes an advertisement or causes an advertisement to be published.
It is unlawful for a person managing any premises to discriminate against a disabled person occupying those premises—
in the way he permits the disabled person to make use of any benefits or facilities;
by refusing or deliberately omitting to permit the disabled person to make use of any benefits or facilities; or
by evicting the disabled person, or subjecting him to any other detriment.
It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in, or (in Scotland) the subject of, a tenancy to discriminate against a disabled person by withholding his licence or consent for the disposal of the premises to the disabled person.
Regulations may make provision, for purposes of subsection (3)—
as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises;
as to who is to be treated as being, or as to who is to be treated as not being, a person occupying premises.
Subsection (4) applies to tenancies created before as well as after the passing of this Act.
In this section—
“advertisement” includes every form of advertisement or notice, whether to the public or not;
“occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;
“charitable purposes” means purposes which are exclusively charitable according to the law of Northern Ireland;
is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to carry passengers for hire (but not to stand or ply for hire).
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.
This section applies only in relation to premises in the United Kingdom.
Where the conditions mentioned in subsection (2) are satisfied, subsection (1), (3) or (as the case may be) (4) of section 22 does not apply.
The conditions are that—
the relevant occupier resides, and intends to continue to reside, on the premises;
the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household;
the shared accommodation is not storage accommodation or a means of access; and
the premises are small premises.
For the purposes of this section, premises are “small premises” if they fall within subsection (4) or (5).
Premises fall within this subsection if—
only the relevant occupier and members of his household reside in the accommodation occupied by him;
the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one other household;
the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and
there are not normally more than two such other households.
Premises fall within this subsection if there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household.
For the purposes of this section “the relevant occupier” means—
in a case falling within section 22(1), the person with power to dispose of the premises, or a near relative of his;
in a case falling within section 22(4), the person whose licence or consent is required for the disposal of the premises, or a near relative of his.
in a case falling within section 22(3), the person managing the premises, or a near relative of his;
For the purposes of this section—
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For the purposes of section 22 sections 22 and 22A, a person (“A”) discriminates against a disabled person if—
for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and
he cannot show that the treatment in question is justified.
For the purposes of this section, treatment is justified only if—
in A’s opinion, one or more of the conditions mentioned in subsection (3) are satisfied; and
it is reasonable, in all the circumstances of the case, for him to hold that opinion.
The conditions are that—
in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);
in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case;
in a case falling within section 22(3)(a), the treatment is necessary in order for the disabled person or the occupiers of other premises forming part of the building to make use of the benefit or facility;
in a case falling within section 22(3)(b), the treatment is necessary in order for the occupiers of other premises forming part of the building to make use of the benefit or facility.
in a case to which subsection (3A) applies, the terms are less favourable in order to recover costs which—
as a result of the disabled person having a disability, are incurred in connection with the disposal of the premises, and
are not costs incurred in connection with taking steps to avoid liability under section 24G(1);
in a case to which subsection (3B) applies, the disabled person is subjected to the detriment in order to recover costs which—
as a result of the disabled person having a disability, are incurred in connection with the management of the premises, and
are not costs incurred in connection with taking steps to avoid liability under section 24A(1) or 24G(1).
Regulations may make provision, for purposes of this section, as to circumstances in which—
it is reasonable for a person to hold the opinion mentioned in subsection 2(a);
it is not reasonable for a person to hold that opinion.
This subsection applies to a case if—
the case falls within section 22(1)(a);
the premises are to let;
the person with power to dispose of the premises is a controller of them; and
the proposed disposal of the premises would involve the disabled person becoming a person to whom they are let.
Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (3)) in which treatment is to be taken to be justified.
This subsection applies to a case if—
the case falls within section 22(3)(c);
the detriment is not eviction;
the premises are let premises;
the person managing the premises is a controller of them; and
the disabled person is a person to whom the premises are let or, although not a person to whom they are let, is lawfully under the letting an occupier of them.
Section 24G(3) and (4) apply for the purposes of subsection (3A) as for those of section 24G; and section 24A(3) and (4) apply for the purposes of subsection (3B) as for those of section 24A.
Regulations may make provision for the condition specified in subsection (3)(b) not to apply in prescribed circumstances.
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It is unlawful for a controller of let premises to discriminate against a disabled person—
who is a person to whom the premises are let; or
who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.
For the purposes of subsection (1), a controller of let premises discriminates against a disabled person if—
he fails to comply with a duty under section 24C or 24D imposed on him by reference to the disabled person; and
he cannot show that failure to comply with the duty is justified (see section 24K).
For the purposes of this section and sections 24B to 24F, a person is a controller of let premises if he is—
a person by whom the premises are let; or
a person who manages the premises.
For the purposes of this section and sections 24B to 24F—
“let” includes sub-let; and
premises shall be treated as let by a person to another where a person has granted another a contractual licence to occupy them.
This section applies only in relation to premises in the United Kingdom.
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Section 24A(1) does not apply if—
the premises are, or have at any time been, the only or principal home of an individual who is a person by whom they are let; and
since entering into the letting— used for the purpose of managing the premises the services of a person who, by profession or trade, manages let premises.
the individual has not, and
where he is not the sole person by whom the premises are let, no other person by whom they are let has,
Section 24A(1) does not apply if the premises are of a prescribed description.
Where the conditions mentioned in section 23(2) are satisfied, section 24A(1) does not apply.
For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24A(1), a controller of the let premises, or a near relative of his; and “near relative” has here the same meaning as in section 23.
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Subsection (2) applies where—
a controller of let premises receives a request made by or on behalf of a person to whom the premises are let;
it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service; and
either the first condition, or the second condition, is satisfied.
It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to provide the auxiliary aid or service (but see section 24E(1)).
The first condition is that—
the auxiliary aid or service—
would enable a relevant disabled person to enjoy, or facilitate such a person's enjoyment of, the premises, but
would be of little or no practical use to the relevant disabled person concerned if he were neither a person to whom the premises are let nor an occupier of them; and
it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person concerned to enjoy the premises.
The second condition is that—
the auxiliary aid or service—
would enable a relevant disabled person to make use, or facilitate such a person's making use, of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use, but
would be of little or no practical use to the relevant disabled person concerned if he were neither a person to whom the premises are let nor an occupier of them; and
it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person concerned to make use of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use.
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Subsection (3) applies where— and (in either case) the conditions specified in subsection (2) are satisfied.
a controller of let premises has a practice, policy or procedure which has the effect of making it impossible, or unreasonably difficult, for a relevant disabled person—
to enjoy the premises, or
to make use of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use, or
a term of the letting has that effect,
Those conditions are—
that the practice, policy, procedure or term would not have that effect if the relevant disabled person concerned did not have a disability;
that the controller receives a request made by or on behalf of a person to whom the premises are let; and
that it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy, procedure or term so as to stop it having that effect.
It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change the practice, policy, procedure or term so as to stop it having that effect (but see section 24E(1)).
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For the purposes of sections 24C and 24D, it is never reasonable for a controller of let premises to have to take steps consisting of or including the removal or alteration of a physical feature.
Sections 24C and 24D impose duties only for the purpose of determining whether a person has, for the purposes of section 24A, discriminated against another; and accordingly a breach of any such duty is not actionable as such.
In sections 24C and 24D “relevant disabled person”, in relation to let premises, means a particular disabled person—
who is a person to whom the premises are let; or
who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.
For the purposes of section 24C and 24D, the terms of a letting of premises include the terms of any agreement which relates to the letting of the premises.
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Where a duty under section 24C or 24D is imposed on a controller of let premises by reference to a person who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises, it is unlawful for a controller of the let premises to discriminate against a person to whom the premises are let.
For the purposes of subsection (1), a controller of the let premises discriminates against a person to whom the premises are let if—
the controller treats that person (“T”) less favourably than he treats or would treat other persons whose circumstances are the same as T's; and
he does so because of costs incurred in connection with taking steps to avoid liability under section 24A(1) for failure to comply with the duty.
In comparing T's circumstances with those of any other person for the purposes of subsection (2)(a), the following (as well as the costs' having been incurred) shall be disregarded—
the making of the request that gave rise to the imposition of the duty; and
the disability of each person who—
is a disabled person or a person who has had a disability, and
is a person to whom the premises are let or, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.
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Where— it is unlawful for a controller of the premises to discriminate against the disabled person.
a person has premises to let, and
a disabled person is considering taking a letting of the premises,
For the purposes of subsection (1), a controller of premises that are to let discriminates against a disabled person if—
he fails to comply with a duty under section 24J imposed on him by reference to the disabled person; and
he cannot show that failure to comply with the duty is justified (see section 24K).
For the purposes of this section and sections 24H and 24J, a person is a controller of premises that are to let if he is—
a person who has the premises to let; or
a person who manages the premises.
For the purposes of this section and sections 24H and 24J— and references to a person considering taking a letting of premises shall be construed accordingly.
“let” includes sub-let;
premises shall be treated as to let by a person to another where a person proposes to grant another a contractual licence to occupy them;
This section applies only in relation to premises in the United Kingdom.
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Section 24G(1) does not apply in relation to premises that are to let if the premises are, or have at any time been, the only or principal home of an individual who is a person who has them to let and— the services of an estate agent (within the meaning given by section 22(6)) for the purposes of letting the premises.
the individual does not use, and
where he is not the sole person who has the premises to let, no other person who has the premises to let uses,
Section 24G(1) does not apply if the premises are of a prescribed description.
Where the conditions mentioned in section 23(2) are satisfied, section 24G(1) does not apply.
For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24G(1), a controller of the premises that are to let, or a near relative of his; and “near relative” has here the same meaning as in section 23.
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Subsection (2) applies where—
a controller of premises that are to let receives a request made by or on behalf of a relevant disabled person;
it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service;
the auxiliary aid or service—
would enable the relevant disabled person to become, or facilitate his becoming, a person to whom the premises are let, but
would be of little or no practical use to him if he were not considering taking a letting of the premises; and
it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person to become a person to whom the premises are let.
It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for the controller to have to take in order to provide the auxiliary aid or service (but see subsection (5)).
Subsection (4) applies where—
a controller of premises that are to let has a practice, policy or procedure which has the effect of making it impossible, or unreasonably difficult, for a relevant disabled person to become a person to whom the premises are let;
the practice, policy or procedure would not have that effect if the relevant disabled person did not have a disability;
the controller receives a request made by or on behalf of the relevant disabled person; and
it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy or procedure so as to stop it having that effect.
It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change the practice, policy or procedure so as to stop it having that effect (but see subsection (5)).
For the purposes of this section, it is never reasonable for a controller of premises that are to let to have to take steps consisting of or including the removal or alteration of a physical feature.
In this section “relevant disabled person”, in relation to premises that are to let, means a particular disabled person who is considering taking a letting of the premises.
This section imposes duties only for the purpose of determining whether a person has, for the purposes of section 24G, discriminated against another; and accordingly a breach of any such duty is not actionable as such.
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For the purposes of sections 24A(2) and 24G(2), a person's failure to comply with a duty is justified only if—
in his opinion, a condition mentioned in subsection (2) is satisfied; and
it is reasonable, in all the circumstances of the case, for him to hold that opinion.
The conditions are—
that it is necessary to refrain from complying with the duty in order not to endanger the health or safety of any person (which may include that of the disabled person concerned);
that the disabled person concerned is incapable of entering into an enforceable agreement, or of giving informed consent, and for that reason the failure is reasonable.
Regulations may—
make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a person to hold the opinion mentioned in subsection (1)(a);
amend or omit a condition specified in subsection (2) or make provision for it not to apply in prescribed circumstances;
make provision, for purposes of this section, as to circumstances (other than any for the time being mentioned in subsection (2)) in which a failure is to be taken to be justified.
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Regulations may make provision, for purposes of sections 24(3A) and (3B) and 24A to 24K—
as to circumstances in which premises are to be treated as let to a person;
as to circumstances in which premises are to be treated as not let to a person;
as to circumstances in which premises are to be treated as being, or as not being, to let;
as to who is to be treated as being, or as to who is to be treated as not being, a person who, although not a person to whom let premises are let, is lawfully under the letting an occupier of the premises;
as to who is to be treated as being, or as to who is to be treated as not being, a person by whom premises are let;
as to who is to be treated as having, or as to who is to be treated as not having, premises to let;
as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises;
as to things which are, or as to things which are not, to be treated as auxiliary aids or services;
as to what is, or as to what is not, to be included within the meaning of “practice, policy or procedure”;
as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a person to have to take steps of a prescribed description;
as to steps which it is always, or as to steps which it is never, reasonable for a person to have to take;
as to circumstances in which it is, or as to circumstances in which it is not, reasonable to regard a request as being of a particular kind;
as to things which are, or as to things which are not, to be treated as physical features;
as to things which are, or as to things which are not, to be treated as alterations of physical features.
The powers under subsections (1)(j) and (k) are subject to sections 24E(1) and 24J(5).
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Sections 22 to 24L do not apply—
in relation to the provision of premises by a provider of services where he provides the premises in providing services to members of the public;
in relation to the provision, in the course of a Part II relationship, of premises by the regulated party to the other party;
in relation to the provision of premises to a student or prospective student—
by a responsible body within the meaning of Chapter I or II of Part III of the 2005 Order, or
by an authority in discharging any functions mentioned in Article 19(1) of the 2005 Order; or
to anything which is unlawful under section 21F or which would be unlawful under that section but for the operation of any provision in or made under this Act.
Subsection (1)(a) has effect subject to any prescribed exceptions.
In subsection (1)(a) “provider of services”, and providing services, have the same meaning as in section 19.
For the purposes of subsection (1)(b)—
“Part II relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and
in relation to a Part II relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.
In subsection (1)(c) “student” includes pupil.
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It is unlawful for a public authority to discriminate against a disabled person in carrying out its functions.
In this section, and sections 21D and 21E, “public authority”—
includes any person certain of whose functions are functions of a public nature; but
does not include any person mentioned in subsection (3).
The persons are—
either House of Parliament;
a person exercising functions in connection with proceedings in Parliament;
the Assembly;
a person exercising functions in connection with proceedings in the Assembly;
the Security Service;
the Secret Intelligence Service;
the Government Communications Headquarters; and
a unit, or part of a unit, of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.
In relation to a particular act, a person is not a public authority by virtue only of subsection (2)(a) if the nature of the act is private.
Regulations may provide for a person of a prescribed description to be treated as not being a public authority for the purposes of this section and sections 21D and 21E.
In the case of an act which constitutes discrimination by virtue of section 55, subsection (1) also applies to discrimination against a person who is not disabled.
Subsection (1)—
does not apply to anything which is unlawful under any provision of this Act other than subsection (1) or under any provision of the 2005 Order;
does not, subject to subsections (8) and (9), apply to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act or that Order.
Subsection (1) does apply in relation to a public authority's function of appointing a person to, and in relation to a public authority's functions with respect to a person as the holder of, an office or post if—
none of the conditions specified in section 4C(3) is satisfied in relation to the office or post; and
sections 4D and 4E would apply in relation to an appointment to the office or post if any of those conditions was satisfied.
Subsection (1) does apply in relation to a public authority's functions with respect to a person as candidate or prospective candidate for election to, and in relation to a public authority's functions with respect to a person as elected holder of, an office or post if—
the office or post is not membership of a House of Parliament, the Assembly or a district council;
none of the conditions specified in section 4C(3) is satisfied in relation to the office or post; and
sections 4D and 4E would apply in relation to an appointment to the office or post if—
any of those conditions was satisfied, and
section 4F(1) (but not section 4C(5)) was omitted.
Subsections (8) and (9)—
shall not be taken to prejudice the generality of subsection (1); but
are subject to section 21C(5).
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Section 21B(1) does not apply to—
a judicial act (whether done by a court, tribunal or other person); or
an act done on the instructions, or on behalf, of a person acting in a judicial capacity.
Section 21B(1) does not apply to any act of, or relating to, making, confirming or approving an enactment.
Section 21B(1) does not apply to any act of, or relating to, imposing conditions or requirements of a kind falling within section 59(1)(c).
Section 21B(1) does not apply to—
a decision not to institute criminal proceedings;
where such a decision is made, an act done for the purpose of enabling the decision to be made;
a decision not to continue criminal proceedings; or
where such a decision is made—
an act done for the purpose of enabling the decision to be made; or
an act done for the purpose of securing that the proceedings are not continued.
Section 21B(1) does not apply to an act of a prescribed description.
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For the purposes of section 21B(1), a public authority discriminates against a disabled person if—
for a reason which relates to the disabled person's disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and
it cannot show that the treatment in question is justified under subsection (3), (5) or (7)(c).
For the purposes of section 21B(1), a public authority also discriminates against a disabled person if—
it fails to comply with a duty imposed on it by section 21E in circumstances in which the effect of that failure is to make it— by the carrying-out of a function by the authority; and
impossible or unreasonably difficult for the disabled person to receive any benefit that is or may be conferred, or
unreasonably adverse for the disabled person to experience being subjected to any detriment to which a person is or may be subjected,
it cannot show that its failure to comply with that duty is justified under subsection (3), (5) or (7)(c).
Treatment, or failure to comply with a duty, is justified under this subsection if —
in the opinion of the public authority, one or more of the conditions specified in subsection (4) are satisfied; and
it is reasonable, in all the circumstances of the case, for it to hold that opinion.
The conditions are—
that the treatment, or non-compliance with the duty, is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);
that the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment, or non-compliance with the duty, is reasonable in the particular case;
that, in the case of treatment mentioned in subsection (1), treating the disabled person equally favourably would in the particular case involve substantial extra costs and, having regard to resources, the extra costs in that particular case would be too great;
that the treatment, or non-compliance with the duty, is necessary for the protection of the rights and freedoms of other persons.
Treatment, or a failure to comply with a duty, is justified under this subsection if the acts of the public authority which give rise to the treatment or failure are a proportionate means of achieving a legitimate aim.
Regulations may make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a public authority to hold the opinion mentioned in subsection (3)(a).
Regulations may—
amend or omit a condition specified in subsection (4) or make provision for it not to apply in prescribed circumstances;
amend or omit subsection (5) or make provision for it not to apply in prescribed circumstances;
make provision for purposes of this section (in addition to any provision for the time being made by subsections (3) to (5)) as to circumstances in which treatment, or a failure to comply with a duty, is to be taken to be justified.
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Subsection (2) applies where a public authority has a practice, policy or procedure which makes it— by the carrying-out of a function by the authority.
impossible or unreasonably difficult for disabled persons to receive any benefit that is or may be conferred, or
unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,
It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority to have to take in order to change that practice, policy or procedure so that it no longer has that effect.
Subsection (4) applies where a physical feature makes it— by the carrying-out of a function by a public authority.
impossible or unreasonably difficult for disabled persons to receive any benefit that is or may be conferred, or
unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,
It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority to have to take in order to—
remove the feature;
alter it so that it no longer has that effect;
provide a reasonable means of avoiding the feature; or
adopt a reasonable alternative method of carrying out the function.
Regulations may prescribe—
matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection (4)(c) or (d) is reasonable;
categories of public authorities to whom subsection (4) does not apply.
Subsection (7) applies where an auxiliary aid or service would— by the carrying-out of a function by a public authority.
enable disabled persons to receive, or facilitate the receiving by disabled persons of, any benefit that is or may be conferred, or
reduce the extent to which it is adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,
It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority to have to take in order to provide that auxiliary aid or service.
Regulations may make provision, for purposes of this section—
as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a public authority to have to take steps of a prescribed description;
as to steps which it is always, or as to steps which it is never, reasonable for a public authority to have to take;
as to what is, or as to what is not, to be included within the meaning of “practice, policy or procedure”;
as to things which are, or as to things which are not, to be treated as physical features;
as to things which are, or as to things which are not, to be treated as auxiliary aids or services.
Nothing in this section requires a public authority to take any steps which, apart from this section, it has no power to take.
This section imposes duties only for the purposes of determining whether a public authority has, for the purposes of section 21B(1), discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
A claim by any person that another person— may be made the subject of civil proceedings in the same way as any other claim in tort . . . for breach of statutory duty.
has discriminated against him in a way which is unlawful under this Part; or
is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way,
For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not they include compensation under any other head.
Proceedings in Northern Ireland shall be brought only in a county court.
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The remedies available in such proceedings are those which are available in the High Court . . . .
Part II of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
Subsection (1) does not apply in relation to a claim by a person that another person—
has discriminated against him in relation to the provision under a group insurance arrangement of facilities by way of insurance; or
is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision under such an arrangement of such facilities.
Subsection (1) does not apply in relation to a claim by a person that another person—
has discriminated against him in relation to the provision of employment services; or
is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision of employment services.
A claim—
of the kind referred to in subsection (6A) or (7); or
by a person that another— may be presented as a complaint to an industrial tribunal.
has subjected him to harassment in a way which is unlawful under section 21A(2), or
is by virtue of section 57 or 58 to be treated as having subjected him to harassment in such a way,
Section 17A(1A) to (7) and paragraphs 3 and 4 of Schedule 3 apply in relation to a complaint under subsection (8) as if it were a complaint under section 17A(1) (and paragraphs 6 to 8 of Schedule 3 do not apply in relation to such a complaint).
Any term in a contract for the provision of goods, facilities or services or in any other agreement is void so far as it purports to—
require a person to do anything which would contravene any provision of, or made under, this Part,
exclude or limit the operation of any provision of this Part, or
prevent any person from making a claim under this Part.
Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim to which section 25 applies.
Subsection (1) does not apply to—
any term in a contract for the provision of employment services;
any term in a contract which is a group insurance arrangement; or
a term which—
is in an agreement which is not a contract of either of those kinds, and
relates to the provision of employment services or the provision under a group insurance arrangement of facilities by way of insurance.
On the application of any person interested in an agreement to which subsection (1) applies, a county court or a sheriff court may make such order as it thinks just for modifying the agreement to take account of the effect of subsection (1).
No such order shall be made unless all persons affected have been—
given notice of the application; and
afforded an opportunity to make representations to the court.
Subsection (4) applies subject to any rules of court providing for that notice to be dispensed with.
An order under subsection (3) may include provision as respects any period before the making of the order.
This section applies where—
a provider of services , a public authority (within the meaning given by section 21B) or an association to which section 21F applies(“the occupier”) occupies premises under a lease;
but for this section, the occupier would not be entitled to make a particular alteration to the premises; and
the alteration is one which the occupier proposes to make in order to comply with a section 21 duty or a duty imposed under section 21E or 21H.
Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—
for the occupier to be entitled to make the alteration with the written consent of the lessor;
for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;
if such an application is made, for the lessor not to withhold his consent unreasonably; and
for the lessor to be entitled to make his consent subject to reasonable conditions.
In this section—
in pursuance of any enactment.
If the terms and conditions of a lease— the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.
impose conditions which are to apply if the occupier alters the premises, or
entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,
Part II of Schedule 4 supplements the provisions of this section.
“the Commission” means the Equality Commission for Northern Ireland; and “conciliation services” means advice and assistance provided by a conciliator to the parties to a dispute with a view to promoting its settlement otherwise than through the courts.
The Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to disputes arising under this Part.
In deciding what arrangements (if any) to make, the Commission shall have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes arising under this Part which the parties may wish to refer to conciliation.
No member or employee of the Commission may provide conciliation services in relation to disputes arising under this Part.
The Commission shall ensure that any arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by a person in connection with the provision of conciliation services in pursuance of the arrangements.
Subsection (4) does not apply to information relating to a dispute which is disclosed with the consent of the parties to that dispute.
Subsection (4) does not apply to information which—
is not identifiable with a particular dispute or a particular person; and
is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned.
Anything communicated to a person while providing conciliation services in pursuance of any arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it to that person.
In this section—
This section applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if—
it has twenty-five or more members;
admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of section 19(2); and
it is not an organisation to which section 13 applies.
It is unlawful for an association to which this section applies, in the case of a disabled person who is not a member of the association, to discriminate against him—
in the terms on which it is prepared to admit him to membership; or
by refusing or deliberately omitting to accept his application for membership.
It is unlawful for an association to which this section applies, in the case of a disabled person who is a member, or associate, of the association, to discriminate against him—
in the way it affords him access to a benefit, facility or service;
by refusing or deliberately omitting to afford him access to a benefit, facility or service;
in the case of a member—
by depriving him of membership, or
by varying the terms on which he is a member;
in the case of an associate—
by depriving him of his rights as an associate, or
by varying those rights; or
in either case, by subjecting him to any other detriment.
It is unlawful for an association to which this section applies to discriminate against a disabled person— in his capacity as a guest of the association.
in the way it affords him access to a benefit, facility or service,
by refusing or deliberately omitting to afford him access to a benefit, facility or service, or
by subjecting him to any other detriment,
It is unlawful for an association to which this section applies to discriminate against a disabled person—
in the terms on which it is prepared to invite him, or permit a member or associate to invite him, to be a guest of the association;
by refusing or deliberately omitting to invite him to be a guest of the association; or
by not permitting a member or associate to invite him to be a guest of the association.
It is unlawful for an association to which this section applies to discriminate against a disabled person in failing in prescribed circumstances to comply with a duty imposed on it under section 21H.
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.
For the purposes of section 21F, an association discriminates against a disabled person if—
for a reason which relates to the disabled person’s disability, the association treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and
it cannot show that the treatment in question is justified.
For the purposes of subsection (1), treatment is justified only if—
in the opinion of the association, one or more of the conditions mentioned in subsection (3) are satisfied; and
it is reasonable, in all the circumstances, for it to hold that opinion.
The conditions are that—
the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);
the disabled person is incapable of entering into an enforceable agreement, or giving an informed consent, and for that reason the treatment is reasonable in that case;
in a case falling within section 21F(2)(a), (3)(a), (c)(ii), (d)(ii) or (e), (4)(a) or (c) or (5)(a), the treatment is necessary in order for the association to be able to afford members, associates or guests of the association, or the disabled person, access to a benefit, facility or service;
in a case falling within section 21F(2)(b), (3)(b), (c)(i) or (d)(i), (4)(b) or (5)(b) or (c), the treatment is necessary because the association would otherwise be unable to afford members, associates or guests of the association access to a benefit, facility or service;
in a case falling within section 21F(2)(a), the difference between— reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;
the terms on which membership is offered to the disabled person, and
those on which it is offered to other persons,
in a case falling within section 21F(3)(a), (c)(ii) or (d)(ii) or (4)(a), the difference between— reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;
the association’s treatment of the disabled person, and
its treatment of other members or (as the case may be) other associates or other guests of the association,
in a case falling within section 21F(5)(a), the difference between— reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service.
the terms on which the disabled person is invited, or permitted to be invited, to be a guest of the association, and
those on which other persons are invited, or permitted to be invited, to be guests of the association,
Any increase in the cost of affording a disabled person access to a benefit, facility or service which results from compliance with a duty under section 21H shall be disregarded for the purposes of subsection (3)(e), (f) and (g).
Regulations may—
make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for an association to hold the opinion mentioned in subsection (2)(a);
amend or omit a condition specified in subsection (3) or make provision for it not to apply in prescribed circumstances;
make provision as to circumstances (other than any for the time being mentioned in subsection (3)) in which treatment is to be taken to be justified for the purposes of subsection (1).
For the purposes of section 21F, an association also discriminates against a disabled person if—
it fails to comply with a duty under section 21H imposed on it in relation to the disabled person; and
it cannot show that its failure to comply with that duty is justified.
Regulations may make provision as to circumstances in which failure to comply with a duty under section 21H is to be taken to be justified for the purposes of subsection (6).
Regulations may make provision imposing on an association to which section 21F applies—
a duty to take steps for a purpose relating to a policy, practice or procedure of the association, or a physical feature, which adversely affects disabled persons who—
are, or might wish to become, members or associates of the association, or
are, or are likely to become, guests of the association;
a duty to take steps for the purpose of making an auxiliary aid or service available to any such disabled persons.
Regulations under subsection (1) may (in particular)—
make provision as to the cases in which a duty is imposed;
make provision as to the steps which a duty requires to be taken;
make provision as to the purpose for which a duty requires steps to be taken.
Any duty imposed under this section is imposed only for the purpose of determining whether an association has, for the purposes of section 21F, discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
For the purposes of sections 21F to 21H and this section—
a person is a member of an association to which section 21F applies if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association), and references to membership of an association shall be construed accordingly;
a person is an associate of an association to which section 21F applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases).
References in sections 21F to 21H to a guest of an association include a person who is a guest of the association by virtue of an invitation issued by a member or associate of the association and permitted by the association.
Regulations may make provision, for purposes of sections 21F to 21H, as to circumstances in which a person is to be treated as being, or as to circumstances in which a person is to be treated as not being, a guest of an association.
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In section 161(5) of the Education Act 1993 (information relating to pupils with special educational needs to be included in annual report), omit the words from “and in this subsection” to the end.
After section 161(5) of that Act insert—
In section 1 of the Education Act 1994 (establishment of the Teacher Training Agency) add, at the end—
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The Further and Higher Education Act 1992 is amended as set out in subsections (2) to (6).
In section 5 (administration of funds by further education funding councils), in subsection (6)(b), after “may” insert “, subject to subsection (7A) below,”.
After section 5(7) insert—
In section 8 (supplementary functions) add, at the end—
In section 62 (establishment of higher education funding councils), after subsection (7) insert—
In section 65 (administration of funds by higher education funding councils), after subsection (4) insert—
The Education Act 1944 is amended as set out in subsections (8) and (9).
In section 41 (functions of local education authorities in respect of further education), after subsection (2) insert—
In section 41(7), (8) and (11), for “this section” substitute “subsections (1) and (6) above”.
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The Further and Higher Education (Scotland) Act 1992 is amended as follows.
In section 37 (establishment of Scottish Higher Education Funding Council) after subsection (4) insert—
In section 40 (administration of funds by the Council), after subsection (4) insert—
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The Department of the Environment may make regulations (“taxi accessibility regulations”) for the purpose of securing that it is possible—
for disabled persons—
to get into and out of taxis in safety;
to be carried in taxis in safety and in reasonable comfort; and
for disabled persons in wheelchairs—
to be conveyed in safety into and out of taxis while remaining in their wheelchairs; and
to be carried in taxis in safety and in reasonable comfort while remaining in their wheelchairs.
Taxi accessibility regulations may, in particular—
require any regulated taxi to conform with provisions of the regulations as to—
the size of any door opening which is for the use of passengers;
the floor area of the passenger compartment;
the amount of headroom in the passenger compartment;
the fitting of restraining devices designed to ensure the stability of a wheelchair while the taxi is moving;
require the driver of any regulated taxi which is plying for hire, or which has been hired, to comply with provisions of the regulations as to the carrying of ramps or other devices designed to facilitate the loading and unloading of wheelchairs;
require the driver of any regulated taxi in which a disabled person who is in a wheelchair is being carried (while remaining in his wheelchair) to comply with provisions of the regulations as to the position in which the wheelchair is to be secured.
The driver of a regulated taxi which is plying for hire, or which has been hired, is guilty of an offence if—
he fails to comply with any requirement imposed on him by the regulations; or
the taxi fails to conform with any provision of the regulations with which it is required to conform.
A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
In this section—
the erection of a wireless or television aerial, and
Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to— any reference in this section to the Office shall be read as a reference to the Department of Education.
any matter relating to the operation of any provision of Chapter I or III of Part III of the 2005 Order; or
any field of activity regulated by any such provision,
Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to— any reference in this section to the Office shall be read as a reference to the Department for the Economy.
any matter relating to the operation of any provision of Chapter II of Part III of the 2005 Order; or
any field of activity regulated by any such provision,
Practical guidance which but for this subsection would fall to be contained in separate codes of practice by virtue of subsections (10) and (11) may be contained in a single code of practice; and in relation to any such code of practice any reference in this section to the Office shall be read as a reference to the Department of Education and the Department for the Economy, acting jointly.
any addition or alteration connected with the provision of services to the premises,
In this section “a franchise agreement” means a contract entered into by the operator of a designated transport facility for the provision by the other party to the contract of hire car services—
for members of the public using any part of the transport facility; and
which involve vehicles entering any part of that facility.
The appropriate national authority may by regulations provide for the application of any taxi provision in relation to—
vehicles used for the provision of services under a franchise agreement; or
the drivers of such vehicles.
Any regulations under subsection (2) may apply any taxi provision with such modifications as the authority making the regulations considers appropriate.
In this section— appropriate national authority means— in relation to transport facilities in England and Wales, the Secretary of State, and in relation to transport facilities in Scotland, the Scottish Ministers (but see subsection (5)); “designated” means designated for the purposes of this section by an order made by the appropriate national authority; “hire car” has such meaning as may be specified by regulations made by the appropriate national authority; “operator”, in relation to a transport facility, means any person who is concerned with the management or operation of the facility; “taxi provision” means any provision of— this Act, or regulations made in pursuance of section 20(2A) of the Civic Government (Scotland) Act 1982, which applies in relation to taxis or the drivers of taxis; and “transport facility” means any premises which form part of any port, airport, railway station or bus station.
“employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (4)
The Secretary of State may, for the purposes mentioned in section 2(2) of the European Communities Act 1972 (implementation of Community obligations etc. of the United Kingdom), exercise the powers conferred by this section on the Scottish Ministers.
No licensing authority shall grant a licence for a taxi to ply for hire unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.
The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed
Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.
The Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order
Separate orders may be made under subsection (3) with respect to different areas or localities.
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The Secretary of State may make regulations (“exemption regulations”) for the purpose of enabling any relevant licensing authority to apply to him for an order (an “exemption order”) exempting the authority from the requirements of section 34.
Exemption regulations may, in particular, make provision requiring a licensing authority proposing to apply for an exemption order—
to carry out such consultations as may be prescribed;
to publish the proposal in the prescribed manner;
to consider any representations made to it about the proposal, before applying for the order;
to make its application in the prescribed form.
A licensing authority may apply for an exemption order only if it is satisfied—
that, having regard to the circumstances prevailing in its area, it would be inappropriate for the requirements of section 34 to apply; and
that the application of section 34 would result in an unacceptable reduction in the number of taxis in its area.
After considering any application for an exemption order and consulting the Disabled Persons Transport Advisory Committee and such other persons as he considers appropriate, the Secretary of State may—
make an exemption order in the terms of the application;
make an exemption order in such other terms as he considers appropriate; or
refuse to make an exemption order.
The Secretary of State may by regulations (“swivel seat regulations”) make provision requiring any exempt taxi plying for hire in an area in respect of which an exemption order is in force to conform with provisions of the regulations as to the fitting and use of swivel seats.
The Secretary of State may by regulations make provision with respect to swivel seat regulations similar to that made by section 34 with respect to taxi accessibility regulations.
In this section—
This section imposes duties on the driver of a regulated taxi which has been hired—
by or for a disabled person who is in a wheelchair; or
by a person who wishes such a disabled person to accompany him in the vehicle.
In this section—
This section also imposes duties on the driver of a designated vehicle other than a regulated taxi if—
the designated vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and
a person falling within paragraph (a) or (b) of subsection (1) has indicated to the driver that he wishes to travel on the service.
The duties are—
to carry the passenger while he remains in his wheelchair;
not to make any additional charge for doing so;
if the passenger chooses to sit in a passenger seat, to carry the wheelchair;
to take such steps as are necessary to ensure that the passenger is carried in safety and in reasonable comfort;
to give such assistance as may be reasonably required—
to enable the passenger to get into or out of the vehicle;
if the passenger wishes to remain in his wheelchair, to enable him to be conveyed into and out of the vehicle while in his wheelchair;
to load the passenger’s luggage into or out of the vehicle;
if the passenger does not wish to remain in his wheelchair, to load the wheelchair into or out of the vehicle.
Nothing in this section is to be taken to require the driver of any vehicle—
except in the case of a vehicle of a prescribed description, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey; or
to carry any person in circumstances in which it would otherwise be lawful for him to refuse to carry that person.
A driver of a regulated taxi or designated vehicle who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
If the licensing authority is satisfied that it is appropriate to exempt a person from the duties imposed by this section— it shall issue him with a certificate of exemption.
on medical grounds, or
on the ground that his physical condition makes it impossible or unreasonably difficult for him to comply with the duties imposed on drivers by this section,
A certificate of exemption shall be issued for such period as may be specified in the certificate.
The driver of a regulated taxi is exempt from the duties imposed by this section if—
a certificate of exemption issued to him under this section is in force; and
the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner.
The driver of a designated vehicle is exempt from the duties imposed by this section if—
a certificate of exemption issued to him under this section is in force; and
he is carrying the certificate on the vehicle.
The driver of a designated vehicle who is exempt under subsection (10) must show the certificate, on request, to a person falling within paragraph (a) or (b) of subsection (1).
In this section—
This section imposes duties on the driver of a taxi which has been hired—
by or for a disabled person who is accompanied by his guide dog or hearing dog, or
by a person who wishes such a disabled person to accompany him in the taxi.
The disabled person is referred to in this section as “the passenger”.
The duties are—
to carry the passenger’s dog and allow it to remain with the passenger; and
not to make any additional charge for doing so.
A driver of a taxi who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
If the licensing authority is satisfied that it is appropriate on medical grounds to exempt a person from the duties imposed by this section, it shall issue him with a certificate of exemption.
In determining whether to issue a certificate of exemption, the licensing authority shall, in particular, have regard to the physical characteristics of the taxi which the applicant drives or those of any kind of taxi in relation to which he requires the certificate.
A certificate of exemption shall be issued—
with respect to a specified taxi or a specified kind of taxi; and
for such period as may be specified in the certificate.
The driver of a taxi is exempt from the duties imposed by this section if—
a certificate of exemption issued to him under this section is in force with respect to the taxi; and
the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner.
The Secretary of State may, for the purposes of this section, prescribe any other category of dog trained to assist a disabled person who has a disability of a prescribed kind.
This section applies in relation to any such prescribed category of dog as it applies in relation to guide dogs.
In this section—
“guide dog” means a dog which has been trained to guide a blind person; and
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Any person who is aggrieved by the refusal of the Department of the Environment to issue an exemption certificate under section 36, 37 or 37A may appeal to a magistrates' court , a court of summary jurisdictionor, in Scotland, the sheriff court before the end of the period of 28 days beginning with the date of the refusal.
On an appeal to it under subsection (1)this section, the court may direct the Department of the Environment to issue the appropriate certificate of exemption to have effect for such period as may be specified in the direction.
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Any person who is aggrieved by the decision of a licensing authority to include a vehicle on a list maintained under section 36A may appeal to a magistrates' court or, in Scotland, the sheriff court before the end of the period of 28 days beginning with the date of the inclusion.
In this section “licensing authority” has the meaning given by section 36A.
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Part II of the Civic Government (Scotland) Act 1982 (licensing and regulation) is amended as follows.
In subsection (4) of section 10 (suitability of vehicle for use as taxi)—
after “authority” insert “— (a)”; and
at the end add ; and
In section 20 (regulations relating to taxis etc.) after subsection (2) insert—
It is an offence for the operator of a taxi to fail or refuse to accept a booking for a taxi—
if the booking is requested by or on behalf of a disabled person, or a person who wishes a disabled person to accompany him; and
the reason for the failure or refusal is that the disabled person will be accompanied by his assistance dog.
It is an offence for the operator of a taxi to make an additional charge for carrying an assistance dog which is accompanying a disabled person.
It is an offence for the driver of a taxi to fail or refuse to carry out a booking accepted by the operator of the vehicle—
if the booking was made by or on behalf of a disabled person, or a person who wishes a disabled person to accompany him; and
the reason for the failure or refusal is that the disabled person is accompanied by his assistance dog.
A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
If the Department of the Environment is satisfied that it is appropriate on medical grounds to issue a certificate of exemption to a driver in respect of subsection (3) it must do so.
In determining whether to issue a certificate of exemption, the Department of the Environment shall, in particular, have regard to the physical characteristics of the taxi which the applicant drives or those of any kind of taxi in relation to which he requires the certificate.
A certificate of exemption shall be issued—
with respect to a specified taxi or a specified kind of taxi; and
for such period as may be specified in the certificate.
No offence is committed by a driver under subsection (3) if—
a certificate of exemption issued to him under this section is in force with respect to the taxi; and
the prescribed notice is exhibited on the taxi in the prescribed manner.
In this section—
The Secretary of State may make regulations (“PSV accessibility regulations”) for the purpose of securing that it is possible for disabled persons—
to get on to and off regulated public service vehicles in safety and without unreasonable difficulty (and, in the case of disabled persons in wheelchairs, to do so while remaining in their wheelchairs); and
to be carried in such vehicles in safety and in reasonable comfort.
PSV accessibility regulations may, in particular, make provision as to the construction, use and maintenance of regulated public service vehicles including provision as to—
the fitting of equipment to vehicles;
equipment to be carried by vehicles;
the design of equipment to be fitted to, or carried by, vehicles;
the fitting and use of restraining devices designed to ensure the stability of wheelchairs while vehicles are moving;
the position in which wheelchairs are to be secured while vehicles are moving.
Any person who— is guilty of an offence.
contravenes or fails to comply with any provision of the PSV accessibility regulations,
uses on a road a regulated public service vehicle which does not conform with any provision of the regulations with which it is required to conform, or
causes or permits to be used on a road such a regulated public service vehicle,
A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
In this section—
Different provision may be made in regulations under this section—
as respects different classes or descriptions of vehicle;
as respects the same class or description of vehicle in different circumstances.
Before making any regulations under this section or section 41 or 42 the Secretary of State shall consult the Disabled Persons Transport Advisory Committee and such other representative organisations as he thinks fit.
A regulated public service vehicle shall not be used on a road unless—
a vehicle examiner has issued a certificate (an “accessibility certificate”) that such provisions of the PSV accessibility regulations as may be prescribed are satisfied in respect of the vehicle; or
an approval certificate has been issued under section 42 in respect of the vehicle.
The Secretary of State may make regulations—
with respect to applications for, and the issue of, accessibility certificates;
providing for the examination of vehicles in respect of which applications have been made;
with respect to the issue of copies of accessibility certificates in place of certificates which have been lost or destroyed.
If a regulated public service vehicle is used in contravention of this section, the operator of the vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In this section “operator” has the same meaning as in the Public Passenger Vehicles Act 1981.
Where the Secretary of State is satisfied that such provisions of the PSV accessibility regulations as may be prescribed for the purposes of section 41 are satisfied in respect of a particular vehicle he may approve the vehicle for the purposes of this section.
A vehicle which has been so approved is referred to in this section as a “type vehicle”.
Subsection (4) applies where a declaration in the prescribed form has been made by an authorised person that a particular vehicle conforms in design, construction and equipment with a type vehicle.
A vehicle examiner may, after examining (if he thinks fit) the vehicle to which the declaration applies, issue a certificate in the prescribed form (“an approval certificate”) that it conforms to the type vehicle.
The Secretary of State may make regulations—
with respect to applications for, and grants of, approval under subsection (1);
with respect to applications for, and the issue of, approval certificates;
providing for the examination of vehicles in respect of which applications have been made;
with respect to the issue of copies of approval certificates in place of certificates which have been lost or destroyed.
The Secretary of State may at any time withdraw his approval of a type vehicle.
Where an approval is withdrawn—
no further approval certificates shall be issued by reference to the type vehicle; but
any approval certificate issued by reference to the type vehicle before the withdrawal shall continue to have effect for the purposes of section 41.
In subsection (3) “authorised person” means a person authorised by the Secretary of State for the purposes of that subsection.
The Secretary of State may by order authorise the use on roads of— and nothing in section 40, 41 or 42 prevents the use of any vehicle in accordance with the order.
any regulated public service vehicle of a class or description specified by the order, or
any regulated public service vehicle which is so specified,
Any such authorisation may be given subject to such restrictions and conditions as may be specified by or under the order.
The Secretary of State may by order make provision for the purpose of securing that, subject to such restrictions and conditions as may be specified by or under the order, provisions of the PSV accessibility regulations apply to regulated public service vehicles of a description specified by the order subject to such modifications or exceptions as may be specified by the order.
Subsection (2) applies where—
the Secretary of State refuses an application for the approval of a vehicle under section 42(1); and
before the end of the prescribed period, the applicant asks the Secretary of State to review the decision and pays any fee fixed under section 45.
The Secretary of State shall—
review the decision; and
in doing so, consider any representations made to him in writing, before the end of the prescribed period, by the applicant.
A person applying for an accessibility certificate or an approval certificate may appeal to the Secretary of State against the refusal of a vehicle examiner to issue such a certificate.
An appeal must be made within the prescribed time and in the prescribed manner.
Regulations may make provision as to the procedure to be followed in connection with appeals.
On the determination of an appeal, the Secretary of State may—
confirm, vary or reverse the decision appealed against;
give such directions as he thinks fit to the vehicle examiner for giving effect to his decision.
Such fees, payable at such times, as may be prescribed may be charged by the Secretary of State in respect of—
applications for, and grants of, approval under section 42(1);
applications for, and the issue of, accessibility certificates and approval certificates;
copies of such certificates;
reviews and appeals under section 44.
Any such fees received by the Secretary of State shall be paid by him into the Consolidated Fund.
Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed.
Before making any regulations under subsection (1) the Secretary of State shall consult such representative organisations as he thinks fit.
The Department of the Environment may make regulations (“rail vehicle accessibility regulations”) for the purpose of securing that it is possible—
for disabled persons—
to get on to and off regulated rail vehicles in safety and without unreasonable difficulty;
to be carried in such vehicles in safety and in reasonable comfort; and
for disabled persons in wheelchairs—
to get on to and off such vehicles in safety and without unreasonable difficulty while remaining in their wheelchairs, and
to be carried in such vehicles in safety and in reasonable comfort while remaining in their wheelchairs.
Rail vehicle accessibility regulations may, in particular, make provision as to the construction, use and maintenance of regulated rail vehicles including provision as to—
the fitting of equipment to vehicles;
equipment to be carried by vehicles;
the design of equipment to be fitted to, or carried by, vehicles;
the use of equipment fitted to, or carried by, vehicles;
the toilet facilities to be provided in vehicles;
the location and floor area of the wheelchair accommodation to be provided in vehicles;
assistance to be given to disabled persons.
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Different provision may be made in rail vehicle accessibility regulations—
as respects different classes or descriptions of rail vehicle;
as respects the same class or description of rail vehicle in different circumstances;
as respects different networks.
The Department for Regional Development shall exercise the power to make rail vehicle accessibility regulations so as to secure that on and after 1st January 2020 every rail vehicle is a regulated rail vehicle, but this does not affect the powers conferred by subsection (5) or section 47(1) or 67(2).
In this section—
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the taxi conformed with those provisions of the taxi accessibility regulations with which it was required to conform, it would not have been possible for the wheelchair in question to be carried in safety in the vehicle.
in the case of a designated vehicle, the vehicle conformed to the accessibility requirements which applied to it,
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Before making any regulations under subsection (1) or section 47 the Department of the Environment shall consult such representative organisations as it thinks fit.
The Department for Regional Development may by order (an “exemption order”)—
authorise the use for carriage of a regulated rail vehicle even though the vehicle does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform;
authorise a regulated rail vehicle to be used for carriage otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which use of the vehicle is required to conform.
Regulations may make provision with respect to exemption orders including, in particular, provision as to—
the persons by whom applications for exemption orders may be made;
the form in which such applications are to be made;
information to be supplied in connection with such applications;
the period for which exemption orders are to continue in force;
the revocation of exemption orders.
Authority under subsection (1)(a) or (b) may be for—
any regulated rail vehicle that is specified or is of a specified description; or
use in specified circumstances of—
any regulated rail vehicle, or
any regulated rail vehicle that is specified or is of a specified description.
After considering any application for an exemption order and consulting such persons as it considers appropriate, the Department of the Environment may—
make an exemption order in the terms of the application;
make an exemption order in such other terms as it considers appropriate;
refuse to make an exemption order.
An exemption order may be made subject to such restrictions and conditions as may be specified.
In this section “specified” means specified in an exemption order.
A regulated rail vehicle to which this subsection applies shall not be used for carriage unless a rail vehicle accessibility compliance certificate is in force for the vehicle.
Subsection (1) applies to a regulated rail vehicle if the vehicle—
is prescribed; or
is of a prescribed class or description.
A rail vehicle accessibility compliance certificate is a certificate that the Secretary of State is satisfied that the regulated rail vehicle conforms with those provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.
A rail vehicle accessibility compliance certificate may provide that it is subject to conditions specified in the certificate.
Subsection (6) applies where—
the Secretary of State refuses an application for the issue of a rail vehicle accessibility compliance certificate for a regulated rail vehicle; and
before the end of the prescribed period, the applicant asks the Secretary of State to review the decision and pays any fee fixed under section 47C.
The Secretary of State shall—
review the decision; and
in doing so, consider any representations made to him in writing, before the end of the prescribed period, by the applicant.
A regulated rail vehicle to which this subsection applies shall not be used for carriage unless a rail vehicle accessibility compliance certificate is in force for the vehicle.
Subsection (1) applies to a regulated rail vehicle if the vehicle—
is prescribed; or
is of a prescribed class or description.
A rail vehicle accessibility compliance certificate is a certificate that the Department for Regional Development is satisfied that the regulated rail vehicle conforms with those provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.
A rail vehicle accessibility compliance certificate may provide that it is subject to conditions specified in the certificate.
Subsection (6) applies where—
the Department for Regional Development refuses an application for the issue of a rail vehicle accessibility compliance certificate for a regulated rail vehicle; and
before the end of the prescribed period, the applicant asks the Department for Regional Development to review the decision and pays any fee fixed under section 47C.
The Department for Regional Development shall—
review the decision; and
in doing so, consider any representations made to it in writing, before the end of the prescribed period, by the applicant.
Regulations may make provision with respect to rail vehicle accessibility compliance certificates.
The provision that may be made under subsection (1) includes (in particular)—
provision for certificates to be issued on application;
provision specifying conditions to which certificates are subject;
provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force;
provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject;
provision for the withdrawal of certificates issued in error;
provision for the correction of errors in certificates;
provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed;
provision for the examination of a rail vehicle before a certificate is issued in respect of it.
In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—
make provision as to the persons by whom applications may be made;
make provision as to the form in which applications are to be made;
make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment.
For the purposes of this section, a “compliance assessment” is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.
In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and may (in particular) require that the assessment be one carried out by a person who has been appointed by the Secretary of State to carry out compliance assessments (an “appointed assessor”).
For the purposes of any provisions in regulations under subsection (1) with respect to the supply of reports of compliance assessments carried out by appointed assessors, regulations under that subsection—
may make provision about appointments of appointed assessors, including (in particular)—
provision for an appointment to be on application or otherwise than on application;
provision as to who may be appointed;
provision as to the form of applications for appointment;
provision as to information to be supplied with applications for appointment;
provision as to terms and conditions, or the period or termination, of an appointment; and
provision for terms and conditions of an appointment, including any as to its period or termination, to be as agreed by the Secretary of State when making the appointment;
may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its carrying-out of a compliance assessment, including (in particular)—
provision restricting the amount of a fee;
provision authorising fees that contain a profit element; and
provision for advance payment of fees;
may make provision requiring an appointed assessor to carry out a compliance assessment, and to do so in accordance with any procedures that may be prescribed, if prescribed conditions, which may include conditions as to the payment of fees to the assessor, are satisfied;
shall make provision for the referral to the Secretary of State of disputes between— relating to which provisions of rail vehicle accessibility regulations the vehicle is to be assessed against or to what amounts to conformity with any of those provisions.
an appointed assessor carrying out a compliance assessment, and
the person who requested the assessment,
In subsection (6)(b) to (d) “compliance assessment” includes pre-assessment activities (for example, a consideration of how the outcome of a compliance assessment would be affected by the carrying-out of particular proposed work).
Regulations may make provision with respect to rail vehicle accessibility compliance certificates.
The provision that may be made under subsection (1) includes (in particular)—
provision for certificates to be issued on application;
provision specifying conditions to which certificates are subject;
provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force;
provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject;
provision for the withdrawal of certificates issued in error;
provision for the correction of errors in certificates;
provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed;
provision for the examination of a rail vehicle before a certificate is issued in respect of it.
In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—
make provision as to the persons by whom applications may be made;
make provision as to the form in which applications are to be made;
make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment.
For the purposes of this section, a compliance assessment is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.
In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and may (in particular) require that the assessment be one carried out by a person who has been appointed by the Department for Regional Development to carry out compliance assessments (an “appointed assessor”).
For the purposes of any provisions in regulations under subsection (1) with respect to the supply of reports of compliance assessments carried out by appointed assessors, regulations under that subsection—
may make provision about appointments of appointed assessors, including (in particular)—
provision for an appointment to be on application or otherwise than on application;
provision as to who may be appointed;
provision as to the form of applications for appointment;
provision as to information to be supplied with applications for appointment;
provision as to terms and conditions, or the period or termination, of an appointment; and
provision for terms and conditions of an appointment, including any as to its period or termination, to be as agreed by the Department for Regional Development when making the appointment;
may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its carrying-out of a compliance assessment, including (in particular)—
provision restricting the amount of a fee;
provision authorising fees that contain a profit element; and
provision for advance payment of fees;
may make provision requiring an appointed assessor to carry out a compliance assessment, and to do so in accordance with any procedures that may be prescribed, if prescribed conditions, which may include conditions as to the payment of fees to the assessor, are satisfied;
shall make provision for the referral to the Department for Regional Development of disputes between— relating to which provisions of rail vehicle accessibility regulations the vehicle is to be assessed against or to what amounts to conformity with any of those provisions.
an appointed assessor carrying out a compliance assessment, and
the person who requested the assessment,
In subsection (6)(b) to (d) “compliance assessment” includes pre-assessment activities (for example, a consideration of how the outcome of a compliance assessment would be affected by the carrying-out of particular proposed work).
Such fees, payable at such times, as may be prescribed may be charged by the Secretary of State in respect of—
applications for, and the issue of, rail vehicle accessibility compliance certificates;
copies of such certificates;
reviews under section 47A;
referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1).
Any such fees received by the Secretary of State shall be paid by him into the Consolidated Fund.
Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed.
Before making any regulations under subsection (1) the Secretary of State shall consult such representative organisations as he thinks fit.
Such fees, payable at such times, as may be prescribed may be charged by the Department for Regional Development in respect of—
applications for, and the issue of, rail vehicle accessibility compliance certificates;
copies of such certificates;
reviews under section 47A;
referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1).
Any such fees received by the Department for Regional Development shall be paid by it into the Consolidated Fund.
Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed.
Before making any regulations under subsection (1) the Department for Regional Development shall consult such representative organisations as it thinks fit.
If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Secretary of State may require the operator of the vehicle to pay a penalty.
If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Department for Regional Development may require the operator of the vehicle to pay a penalty.
Where it appears to the Secretary of State that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—
identifying the vehicle, the provision and how the vehicle fails to conform with the provision; and
specifying the improvement deadline.
The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
Subsection (4) applies where—
the Secretary of State has given a notice under subsection (1);
the improvement deadline specified in the notice has passed; and
it appears to the Secretary of State that the vehicle still does not conform with the provision identified in the notice.
The Secretary of State may give to the operator a further notice—
identifying the vehicle, the provision and how the vehicle fails to conform to the provision; and
specifying the final deadline.
The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
If— the Secretary of State may require the operator to pay a penalty.
the Secretary of State has given a notice under subsection (4) to the operator of a regulated rail vehicle, and
the vehicle is used for carriage at a time after the final deadline when the vehicle does not conform with the provision identified in the notice,
Where it appears to the Department for Regional Development that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, that Department may give to the operator of the vehicle a notice—
identifying the vehicle, the provision and how the vehicle fails to conform with the provision; and
specifying the improvement deadline.
The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
Subsection (4) applies where—
the Department for Regional Development has given a notice under subsection (1);
the improvement deadline specified in the notice has passed; and
it appears to the Department for Regional Development that the vehicle still does not conform with the provision identified in the notice.
The Department for Regional Development may give to the operator a further notice—
identifying the vehicle, the provision and how the vehicle fails to conform to the provision; and
specifying the final deadline.
The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
If— the Department for Regional Development may require the operator to pay a penalty.
the Department for Regional Development has given a notice under subsection (4) to the operator of a regulated rail vehicle, and
the vehicle is used for carriage at a time after the final deadline when the vehicle does not conform with the provision identified in the notice,
Where it appears to the Secretary of State that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which use of the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice—
identifying the provision and how it was breached;
identifying which of the regulated rail vehicles operated by the operator is or are covered by the notice; and
specifying the improvement deadline.
The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
Subsection (4) applies where—
the Secretary of State has given a notice under subsection (1);
the improvement deadline specified in the notice has passed; and
it appears to the Secretary of State that a vehicle covered by the notice has after that deadline been used for carriage otherwise than in conformity with the provision identified in the notice.
The Secretary of State may give to the operator a further notice—
identifying the provision and how it was breached;
identifying which of the regulated rail vehicles covered by the notice under subsection (1) is or are covered by the further notice; and
specifying the final deadline.
The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
If— the Secretary of State may require the operator of the vehicle to pay a penalty.
the Secretary of State has given a notice under subsection (4), and
a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice,
For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.
Where it appears to the Department for Regional Development that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which use of the vehicle is required to conform, that Department may give to the operator of the vehicle a notice—
identifying the provision and how it was breached;
identifying which of the regulated rail vehicles operated by the operator is or are covered by the notice; and
specifying the improvement deadline.
The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
Subsection (4) applies where—
the Department for Regional Development has given a notice under subsection (1);
the improvement deadline specified in the notice has passed; and
it appears to that Department that a vehicle covered by the notice has after that deadline been used for carriage otherwise than in conformity with the provision identified in the notice.
The Department for Regional Development may give to the operator a further notice—
identifying the provision and how it was breached;
identifying which of the regulated rail vehicles covered by the notice under subsection (1) is or are covered by the further notice; and
specifying the final deadline.
The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
If— that Department may require the operator of the vehicle to pay a penalty.
the Department for Regional Development has given a notice under subsection (4), and
a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice,
For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.
Where the Secretary of State has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by the Secretary of State—
may inspect the vehicle for conformity with the provisions;
for the purpose of exercising his power under paragraph (a)—
may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and
may enter the vehicle; and
for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised.
Where the Secretary of State has given a notice under section 47E(1) or (4), a person authorised by the Secretary of State—
may inspect the vehicle concerned for conformity with the provision specified in the notice;
for the purpose of exercising his power under paragraph (a)—
may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and
may enter the vehicle; and
for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised.
A person exercising power under subsection (1) or (2) shall, if required to do so, produce evidence of his authority to exercise the power.
Where a person obstructs the exercise of power under subsection (1), the Secretary of State may, for purposes of section 47E(1) or 47F(1), draw such inferences from the obstruction as appear proper.
Where— the Secretary of State may treat section 47E(3)(c) as satisfied in the case concerned.
a person obstructs the exercise of power under subsection (2), and
the obstruction occurs before a notice under section 47E(4) is given in respect of the vehicle concerned,
Where a person obstructs the exercise of power under subsection (2) and the obstruction occurs— the Secretary of State may require the operator of the vehicle to pay a penalty.
after a notice under section 47E(4) has been given in respect of the vehicle concerned, and
as a result of the operator, or a person who acts on his behalf, behaving in a particular way with the intention of obstructing the exercise of the power,
In this section “inspect” includes test.
Where the Department for Regional Development has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by that Department—
may inspect the vehicle for conformity with the provisions;
for the purpose of exercising his power under paragraph (a)—
may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and
may enter the vehicle; and
for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person's control as are necessary to enable the power to be exercised.
Where the Department for Regional Development has given a notice under section 47E(1) or (4), a person authorised by that Department—
may inspect the vehicle concerned for conformity with the provision specified in the notice;
for the purpose of exercising his power under paragraph (a)—
may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and
may enter the vehicle; and
for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person's control as are necessary to enable the power to be exercised.
A person exercising power under subsection (1) or (2) shall, if required to do so, produce evidence of his authority to exercise the power.
Where a person obstructs the exercise of power under subsection (1), the Department for Regional Development may, for purposes of section 47E(1) or 47F(1), draw such inferences from the obstruction as appear proper.
Where a person— the Department for Regional Development may treat section 47E(3)(c) as satisfied in the case concerned.
obstructs the exercise of power under subsection (2), and
the obstruction occurs before a notice under section 47E(4) is given in respect of the vehicle concerned,
Where a person obstructs the exercise of power under subsection (2) and the obstruction occurs— the Department for Regional Development may require the operator of the vehicle to pay a penalty.
after a notice under section 47E(4) has been given in respect of the vehicle concerned, and
as a result of the operator, or a person who acts on his behalf, behaving in a particular way with the intention of obstructing the exercise of the power,
In this section “inspect” includes test.
For the purposes of section 47E, the Secretary of State may give notice to a person requiring the person to supply the Secretary of State, by a time specified in the notice, with a vehicle number or other identifier for a rail vehicle—
of which that person is the operator; and
which is described in the notice.
The time specified in a notice given to a person under subsection (1) may not be earlier than the end of 14 days beginning with the day when the notice is given to the person.
If a person to whom a notice is given under subsection (1) does not comply with the notice by the time specified in the notice, the Secretary of State may require the person to pay a penalty.
Where the Secretary of State has given a notice to a person under section 47E(1) or (4) or 47F(1) or (4), the Secretary of State may request that person to supply the Secretary of State, by a time specified in the request, with a statement detailing the steps taken in response to the notice.
The time specified in a request under subsection (4) must—
if the request relates to a notice under section 47E(1) or 47F(1), be no earlier than the improvement deadline; and
if the request relates to a notice under section 47E(4) or 47F(4), be no earlier than the final deadline.
Where a request under subsection (4)— the Secretary of State may treat section 47E(3)(c) or (as the case may be) section 47F(3)(c) as being satisfied in the case concerned.
relates to a notice under section 47E(1) or 47F(1), and
is not complied with by the time specified in the request,
For the purposes of section 47E, the Department for Regional Development may give notice to a person requiring the person to supply the Department for Regional Development, by a time specified in the notice, with a vehicle number or other identifier for a rail vehicle—
of which that person is the operator; and
which is described in the notice.
The time specified in a notice given to a person under subsection (1) may not be earlier than the end of 14 days beginning with the day when the notice is given to the person.
If a person to whom a notice is given under subsection (1) does not comply with the notice by the time specified in the notice, the Department for Regional Development may require the person to pay a penalty.
Where the Department for Regional Development has given a notice to a person under section 47E(1) or (4) or 47F(1) or (4), that Department may request that person to supply that Department, by a time specified in the request, with a statement detailing the steps taken in response to the notice.
The time specified in a request under subsection (4) must—
if the request relates to a notice under section 47E(1) or 47F(1), be no earlier than the improvement deadline; and
if the request relates to a notice under section 47E(4) or 47F(4), be no earlier than the final deadline.
Where a request under subsection (4)— the Department for Regional Development may treat section 47E(3)(c) or (as the case may be) section 47F(3)(c) as being satisfied in the case concerned.
relates to a notice under section 47E(1) or 47F(1), and
is not complied with by the time specified in the request,
In this section “penalty” means a penalty under any of sections 47D to 47H.
The amount of a penalty—
must not exceed the maximum prescribed for the purposes of this subsection; and
must not exceed 10 per cent of the turnover of the person on whom it is imposed.
For the purposes of subsection (2)(b), a person’s turnover shall be determined in accordance with regulations.
A penalty must be paid to the Secretary of State before the end of the prescribed period.
Any sum payable to the Secretary of State as a penalty may be recovered by the Secretary of State as a debt due to him.
In proceedings under subsection (5) for enforcement of a penalty, no question may be raised as to—
liability to the imposition of the penalty; or
its amount.
Any sum paid to the Secretary of State as a penalty shall be paid by him into the Consolidated Fund.
The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty.
The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.
Before issuing the first or a revised version of the code, the Secretary of State shall lay a draft of that version before Parliament.
After laying the draft of a version of the code before Parliament, the Secretary of State may bring that version of the code into operation by order.
The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)—
when imposing a penalty; and
when considering under section 47K(6) a notice of objection under section 47K(4).
In this section “penalty” means a penalty under any of sections 47D to 47H.
The amount of a penalty—
must not exceed the maximum prescribed for the purposes of this subsection; and
must not exceed 10 per cent of the turnover of the person on whom it is imposed.
For the purposes of subsection (2)(b), a person's turnover shall be determined in accordance with regulations.
A penalty must be paid to the Department for Regional Development before the end of the prescribed period.
Any sum payable to the Department for Regional Development as a penalty may be recovered by that Department as a debt due to it.
In proceedings under subsection (5) for enforcement of a penalty, no question may be raised as to—
liability to the imposition of the penalty; or
its amount.
Any sum paid to the Department for Regional Development as a penalty shall be paid by it into the Consolidated Fund.
The Department for Regional Development shall issue a code of practice specifying matters to be considered in determining the amount of a penalty.
The Department for Regional Development may from time to time revise the whole or any part of the code and issue the code as revised.
Before issuing the first or a revised version of the code, the Department for Regional Development shall lay a draft of that version before the Assembly.
After laying the draft of a version of the code before the Assembly, the Department for Regional Development may bring that version of the code into operation by order.
The Department for Regional Development shall have regard to the code (in addition to any other matters it thinks relevant)—
when imposing a penalty; and
when considering under section 47K(6) a notice of objection under section 47K(4).
In this section “penalty” means a penalty under any of sections 47D to 47H.
If the Secretary of State decides that a person is liable to a penalty, the Secretary of State must notify the person of the decision.
A notification under subsection (2) must—
state the Secretary of State’s reasons for deciding that the person is liable to the penalty;
state the amount of the penalty;
specify the date before which, and the manner in which, the penalty must be paid; and
include an explanation of the steps that the person may take if he objects to the penalty.
Where a person to whom a notification under subsection (2) is issued objects on the ground that— the person may give a notice of objection to the Secretary of State.
he is not liable to the imposition of a penalty, or
the amount of the penalty is too high,
A notice of objection must—
be in writing;
give the objector’s reasons; and
be given before the end of the prescribed period.
Where the Secretary of State receives a notice of objection to a penalty in accordance with this section, he shall consider it and—
cancel the penalty;
reduce the penalty; or
determine to do neither of those things.
Where the Secretary of State considers under subsection (6) a notice of objection under subsection (4), he shall—
inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector; and
if he reduces the penalty, notify the objector of the reduced amount.
In this section “penalty” means a penalty under any of sections 47D to 47H.
If the Department for Regional Development decides that a person is liable to a penalty, that Department must notify the person of the decision.
A notification under subsection (2) must—
state that Department's reasons for deciding that the person is liable to the penalty;
state the amount of the penalty;
specify the date before which, and the manner in which, the penalty must be paid; and
include an explanation of the steps that the person may take if he objects to the penalty.
Where a person to whom a notification under subsection (2) is issued objects on the ground that— the person may give a notice of objection to the Department for Regional Development.
he is not liable to the imposition of a penalty, or
the amount of the penalty is too high,
A notice of objection must—
be in writing;
give the objector's reasons; and
be given before the end of the prescribed period.
Where the Department for Regional Development receives a notice of objection to a penalty in accordance with this section, that Department shall consider it and—
cancel the penalty;
reduce the penalty; or
determine to do neither of those things.
Where the Department for Regional Development considers under subsection (6) a notice of objection under subsection (4), it shall—
inform the objector of its decision before the end of the prescribed period or such longer period as it may agree with the objector; and
if it reduces the penalty, notify the objector of the reduced amount.
A person may appeal to the court against a penalty imposed on him under any of sections 47D to 47H on the ground that—
he is not liable to the imposition of a penalty; or
the amount of the penalty is too high.
On an appeal under this section, the court may—
allow the appeal and cancel the penalty;
allow the appeal and reduce the penalty; or
dismiss the appeal.
An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty, and shall be determined having regard to—
any code of practice under section 47J which has effect at the time of the appeal; and
any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).
An appeal may be brought by a person under this section against a penalty whether or not—
he has given notice of objection under section 47K(4); or
the penalty has been reduced under section 47K(6).
A reference in this section to “the court” is a reference—
in England and Wales, to a county court; and
in Scotland, to the sheriff.
The sheriff may transfer proceedings under this section to the Court of Session.
Where the sheriff has made a determination under subsection (2), any party to the proceedings may appeal on a point of law, either to the Sheriff Principal or to the Court of Session, against that determination.
A person may appeal to the county court against a penalty imposed on him under any of sections 47D to 47H on the ground that—
he is not liable to the imposition of a penalty; or
the amount of the penalty is too high.
On an appeal under this section, the county court may—
allow the appeal and cancel the penalty;
allow the appeal and reduce the penalty; or
dismiss the appeal.
An appeal under this section shall be a re-hearing of the decision of the Department for Regional Development to impose a penalty, and shall be determined having regard to—
any code of practice under section 47J which has effect at the time of the appeal; and
any other matters which the county court thinks relevant (which may include matters of which the Department for Regional Development was unaware).
An appeal may be brought by a person under this section against a penalty whether or not—
he has given notice of objection under section 47K(4); or
the penalty has been reduced under section 47K(6).
In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle.
For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.
Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle’s case, include that provision.
In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle.
For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.
Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle's case, include that provision.
Where an offence under section 40 or 46 committed by a body corporate is committed with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, he as well as the body corporate is guilty of the offence.
In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
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In this section “relevant document” means—
a certificate of exemption issued under section section 36, 37 or 37A;
a notice of a kind mentioned in section 36(9)(b), 37(8)(b) or 37A(8)(b);
an accessibility certificate; or
an approval certificate.
A person is guilty of an offence if, with intent to deceive, he—
forges, alters or uses a relevant document;
lends a relevant document to any other person;
allows a relevant document to be used by any other person; or
makes or has in his possession any document which closely resembles a relevant document.
A person who is guilty of an offence under subsection (2) is liable—
on summary conviction, to a fine not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
A person who knowingly makes a false statement for the purpose of obtaining an accessibility certificate or an approval certificate is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
There shall be a body to be known as the National Disability Council (but in this Act referred to as “the Council”).
It shall be the duty of the Council to advise the Secretary of State, either on its own initiative or when asked to do so by the Secretary of State—
on matters relevant to the elimination of discrimination against disabled persons and persons who have had a disability;
on measures which are likely to reduce or eliminate such discrimination; and
on matters related to the operation of this Act or of provisions made under this Act.
The Secretary of State may by order confer additional functions on the Council.
The power conferred by subsection (3) does not include power to confer on the Council any functions with respect to the investigation of any complaint which may be the subject of proceedings under this Act.
In discharging its duties under this section, the Council shall in particular have regard to—
the extent and nature of the benefits which would be likely to result from the implementation of any recommendation which it makes; and
the likely cost of implementing any such recommendation.
Where the Council makes any recommendation in the discharge of any of its functions under this section it shall, if it is reasonably practicable to do so, make an assessment of—
the likely cost of implementing the recommendation; and
the likely financial benefits which would result from implementing it.
Where the Council proposes to give the Secretary of State advice on a matter, it shall before doing so—
consult any body—
established by any enactment or by a Minister of the Crown for the purpose of giving advice in relation to disability, or any aspect of disability; and
having functions in relation to the matter to which the advice relates;
consult such other persons as it considers appropriate; and
have regard to any representations made to it as a result of any such consultations.
Schedule 5 makes further provision with respect to the Council, including provision about its membership.
The power conferred on the Council by subsection (2) to give advice on its own initiative does not include power to give advice—
by virtue of paragraph (a) or (b), in respect of any matter which relates to the operation of any provision of or arrangements made under—
the Disabled Persons (Employment) Acts 1944 and 1958;
the Employment and Training Act 1973;
the Employment Protection (Consolidation) Act 1978; or
section 2(3) of the Enterprise and New Towns (Scotland) Act 1990; or
by virtue of paragraph (c), in respect of any matter arising under Part II or section 53, 54, 56 or 61.
Subsection (9) shall not have effect at any time when there is neither a national advisory council established under section 17(1)(a) of the Disabled Persons (Employment) Act 1944 nor any person appointed to act generally under section 60(1) of this Act.
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to prepare proposals for a code of practice dealing with the matters to which the Secretary of State’s request relates; or
to review a code and, if it considers it appropriate, propose alterations.
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A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.
A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, or a county court.
If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.
In this section and section 52 “code” means a code issued by a Northern Ireland department under this section and includes a code which has been altered and re-issued.
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In this section “proposal” means a proposal made by the Council to the Secretary of State under section 51.
In preparing any proposal, the Council shall consult—
such persons (if any) as the Secretary of State has specified in making his request to the Council; and
such other persons (if any) as the Council considers appropriate.
Before making any proposal, the Council shall publish a draft, consider any representations made to it about the draft and, if it thinks it appropriate, modify its proposal in the light of any of those representations.
Where the Council makes any proposal, the Secretary of State may—
approve it;
approve it subject to such modifications as he considers appropriate; or
refuse to approve it.
Where the Secretary of State approves any proposal (with or without modifications), he shall prepare a draft of the proposed code and lay it before each House of Parliament.
If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed code.
If no such resolution is made within the 40-day period, the Secretary of State shall issue the code in the form of his draft.
The code shall come into force on such date as the Secretary of State may appoint by order.
Subsection (6) does not prevent a new draft of the proposed code from being laid before Parliament.
If the Secretary of State refuses to approve a proposal, he shall give the Council a written statement of his reasons for not approving it.
The Secretary of State may by order revoke a code.
In this section “40-day period”, in relation to the draft of a proposed code, means— no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
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Every public authority shall in carrying out its functions have due regard to—
the need to promote positive attitudes towards disabled persons; and
the need to encourage participation by disabled persons in public life.
Subsection (1) does not apply to—
the functions of the Director of Public Prosecutions for Northern Ireland relating to the prosecution of offences; or
any act of a description prescribed by regulations.
Subsection (1) is without prejudice to any obligation of a public authority to comply with any other statutory provision (including any other provision of this Act).
The Commission shall—
keep under review the effectiveness of the duty imposed by this section;
offer advice to public authorities and others in connection with that duty.
Not later than 3 years after the appointed day, the Commission shall prepare and publish a report on the effectiveness of the duty imposed by this section.
In this section—
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A public authority to which this subsection applies shall prepare and submit to the Commission a plan showing how the public authority proposes to fulfil the duty imposed by section 49A in relation to the relevant functions.
Any other public authority shall prepare and submit to the Commission such a plan if requested to do so by the Commission.
A public authority—
may at any time revise its plan and submit the revised plan to the Commission;
shall, if requested to do so by the Commission, revise its plan and submit the revised plan to the Commission.
A plan (or revised plan) shall—
conform to any guidelines as to form or content which are issued by the Commission with the approval of the Office;
specify a timetable for measures proposed in the plan;
include details of how it will be published.
Subsection (1) applies to any public authority except one which is notified in writing by the Commission that that subsection does not apply to it.
If a public authority— the Commission shall lay before the Assembly a report of that failure containing such comments and other material as appear to the Commission to be appropriate to bring to the attention of the Assembly.
fails to submit a plan under subsection (1) before the end of the period of 6 months beginning with the appointed day or, if later, the establishment of the authority,
fails to submit a plan under subsection (2) before the end of the period of 6 months beginning with the date of the request under that subsection,
fails to submit a revised plan under subsection (3)(b) before the end of the period of 3 months beginning with the date of the request under that paragraph, or
submits to the Commission under paragraph (3)(a) or (b) a revised plan which in the opinion of the Commission fails to comply with subsection (4),
A public authority—
shall review its current plan under this section—
in the case of an authority in relation to which there is a scheme under Schedule 9 to the Northern Ireland Act 1998, at the same time as the authority reviews its current scheme under paragraph 8(3) of that Schedule;
in the case of any other authority, at such times as the Commission may request; and
inform the Commission of the outcome of the review.
In this section—
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eliminating discrimination in the field of employment against disabled persons and persons who have had a disability; or
encouraging good practice in relation to the employment of disabled persons and persons who have had a disability.
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the circumstances in which it would be reasonable, having regard in particular to the costs involved, for a person to be expected to make adjustments in favour of a disabled person or a person who has had a disability; or
what steps it is reasonably practicable for employers to take for the purpose of preventing their employees from doing, in the course of their employment, anything which is made unlawful by this Act.
A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.
A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, or a county court.
If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question.
In this section and section 54 “code” means a code issued by the Department of Economic Development under this section and includes a code which has been revised and re-issued.
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if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and
in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,
or the purposes of Part II or Part III (other than sections 24A to 24L), a person (“A”) discriminates against another person (“B”) if—
he treats B less favourably than he treats or would treat other persons whose circumstances are the same as B’s; and
he does so for a reason mentioned in subsection (2).
The reasons are that—
B has—
brought proceedings against A or any other person under this Act or Part III of the 2005 Order ; or
given evidence or information in connection with such proceedings brought by any person; or
otherwise done anything under , or by reference to, this Act or Part III of the 2005 Order in relation to A or any other person; or
alleged that A or any other person has (whether or not the allegation so states) contravened this Act or Part III of the 2005 Order ; or
A believes or suspects that B has done or intends to do any of those things.
Where B is a disabled person, or a person who has had a disability, the disability in question shall be disregarded in comparing his circumstances with those of any other person for the purposes of subsection (1)(a).
Subsection (1) does not apply to treatment of a person because of an allegation made by him if the allegation was false and not made in good faith.
For the purposes of Chapter I of Part III of the 2005 Order—
references in subsection (2) to B include references to—
a person who is, for the purposes of that Chapter, B's parent; and
a sibling of B; and
references in that subsection to this Act or Part III of the 2005 Order are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), to be read as references to that Chapter.
In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, 4G, 6A, 7A, 13, 14A, 14C , 15B and 16A also apply to discrimination against a person who is not disabled.
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For the purposes of this section—
a person who considers that he may have been— is referred to as “the person aggrieved”; and
discriminated against in contravention of Part II or III, or
subjected to harassment in contravention of Part II or section 21A(2),
a person against whom the person aggrieved may decide to institute, or has instituted, proceedings in respect of such discrimination or harassment is referred to as “the respondent”.
With a view to helping the person aggrieved decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the Office shall by order prescribe—
forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and
forms by which the respondent may if he so wishes reply to any questions.
Where the person aggrieved questions the respondent in accordance with forms prescribed by an order under subsection (2)—
the question, and any reply by the respondent (whether in accordance with such an order or not), shall be admissible as evidence in any proceedings under Part II or III;
if it appears to the court or tribunal in any such proceedings— it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent committed an unlawful act.
that the respondent deliberately, and without reasonable excuse, omitted to reply within the period of eight weeks beginning with the day on which the question was served on him, or
that the respondent's reply is evasive or equivocal,
The Office may by order—
prescribe the period within which questions must be duly served in order to be admissible under subsection (3)(a); and
prescribe the manner in which a question, and any reply by the respondent, may be duly served.
County court rules may enable a court entertaining a claim under section 25 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not.
In proceedings in respect of a section 21B claim, subsection (3)(b) does not apply in relation to a failure to reply, or a particular reply, if the following conditions are met—
that at the time of doing any relevant act, the respondent was carrying out public investigator functions or was a public prosecutor; and
that the respondent reasonably believes that a reply or (as the case may be) a different reply would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings or any criminal proceedings or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings.
The Office may by regulations provide for this section not to have effect, or to have effect with prescribed modifications, in relation to section 21B claims of a prescribed description.
This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court or industrial tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.
In this section “section 21B claim” means a claim under section 25 by virtue of section 21B.
A person who knowingly aids another person to do an unlawful actact made unlawful by this Act is to be treated for the purposes of this Act as himself doing the same kind of unlawful act.
For the purposes of subsection (1), an employee or agent for whose act the employer or principal is liable under section 58 (or would be so liable but for section 58(5)) shall be taken to have aided the employer or principal to do the act.
For the purposes of this section, a person does not knowingly aid another to do an unlawful act if—
he acts in reliance on a statement made to him by that other person that, because of any provision of this Act, the act would not be unlawful; and
it is reasonable for him to rely on the statement.
A person who knowingly or recklessly makes such a statement which is false or misleading in a material respect is guilty of an offence.
Any person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
“Unlawful act” means an act made unlawful by any provision of this Act other than a provision contained in Chapter 1 of Part 4.
Anything done by a person in the course of his employment shall be treated for the purposes of this Act as also done by his employer, whether or not it was done with the employer’s knowledge or approval.
Anything done by a person as agent for another person with the authority of that other person shall be treated for the purposes of this Act as also done by that other person.
Subsection (2) applies whether the authority was—
express or implied; or
given before or after the act in question was done.
Subsections (1) and (2) do not apply in relation to an offence under section 57(4).
In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of his, it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from—
doing that act; or
doing, in the course of his employment, acts of that description.
Nothing in this Act makes unlawful any act done—
in pursuance of any enactment; or
in pursuance of any instrument made under any enactment by— or
a Minister of the Crown,
a member of the Scottish Executive, . . .
the National Assembly for Wales constituted by the Government of Wales Act 1998, or
the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
to comply with any condition or requirement—
imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment,
imposed by a member of the Scottish Executive (whether before or after the coming into force of this sub-paragraph) by virtue of any enactment, . . .
imposed by the National Assembly for Wales constituted by the Government of Wales Act 1998(whether before or after the coming into force of this sub-paragraph) by virtue of any enactment or
imposed by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
In subsection (1) “enactment” includes one passed or made after the date on which this Act is passed and “instrument” includes one made after that date.
Nothing in any other provision of this Act makes unlawful any act done for the purpose of safeguarding national security.
Nothing in – makes unlawful any act done for the purpose of safeguarding national security if the doing of the act was justified by that purpose.
Part II, or
Part III to the extent that it relates to the provision of employment services,
Nothing in— makes unlawful any act done for the purpose of safeguarding national security if the doing of the act was justified by that purpose.
Part 2 of this Act, or
Part 3 of this Act to the extent that it relates to the provision of employment services,
Rules of court may make provision for enabling a county court or sheriff court in which a claim is brought in respect of alleged discrimination contrary to this Act (including anything treated by virtue of this Act as amounting to discrimination contrary to this Act), where the court considers it expedient in the interests of national security—
to exclude from all or part of the proceedings—
the claimant;
the claimant's representatives;
any assessors;
to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;
to take steps to keep secret all or part of the reasons for the court's decision in the proceedings.
The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, proceedings from which the claimant or his representatives are excluded by virtue of subsection (1).
A person may be appointed under subsection (2) only—
in relation to proceedings in England and Wales, if he has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)), or
in relation to proceedings in Scotland, if he is—
an advocate, or
qualified to practice as a solicitor in Scotland.
A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.
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This section applies in relation to a lease of a dwelling house if—
the tenancy is not a secure tenancy or a regulated tenancy;
the tenant or any other person who lawfully occupies or is intended lawfully to occupy the premises is a disabled person;
the person mentioned in paragraph (b) occupies or is intended to occupy the premises as his only or principal home;
the tenant is entitled under the lease to make improvements to the premises with the consent of the landlord; and
the tenant applies to the landlord for his consent to make a relevant improvement.
If the consent of the landlord is unreasonably withheld it must be taken to have been given.
Where the tenant applies in writing for the consent—
if the landlord refuses to give consent, he must give the tenant a written statement of the reason why the consent was withheld;
if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been withheld.
If the landlord gives consent to the making of an improvement subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.
In any question as to whether— it is for the landlord to show that it was not.
the consent of the landlord was unreasonably withheld, or
a condition imposed by the landlord is unreasonable,
If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of his tenancy.
An improvement to premises is a relevant improvement if, having regard to the disability which the disabled person mentioned in subsection (1)(b) has, it is likely to facilitate his enjoyment of the premises.
Subsections (2) to (6) apply to a lease only to the extent that provision of a like nature is not made by the lease.
In this section—
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The Equality Commission for Northern Ireland may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to a dispute of any description concerning the question whether it is unreasonable for a landlord to withhold consent to the making of a relevant improvement to a dwelling house.
Subsections (2) to (8) of section 28 apply for the purposes of this section as they apply for the purposes of that section and for that purpose a reference in that section to—
a dispute arising under Part III must be construed as a reference to a dispute mentioned in subsection (1);
arrangements under that section must be construed as a reference to arrangements under this section.
“Relevant improvement” has the same meaning as in section 49C.
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The Secretary of State may appoint such persons as he thinks fit to advise or assist him in connection with matters relating to the employment of disabled persons and persons who have had a disability.
Persons may be appointed by the Secretary of State to act generally or in relation to a particular area or locality.
The Secretary of State may pay to any person appointed under this section such allowances and compensation for loss of earnings as he considers appropriate.
The approval of the Treasury is required for any payment under this section.
In subsection (1) “employment” includes self-employment.
The Secretary of State may by order—
provide for section 17 of, and Schedule 2 to, the Disabled Persons (Employment) Act 1944 (national advisory council and district advisory committees) to cease to have effect—
so far as concerns the national advisory council; or
so far as concerns district advisory committees; or
repeal that section and Schedule.
At any time before the coming into force of an order under paragraph (b) of subsection (6), section 17 of the Act of 1944 shall have effect as if in subsection (1), after “disabled persons” in each case there were inserted “, and persons who have had a disability,” and as if at the end of the section there were added—
At any time before the coming into force of an order under paragraph (a)(i) or (b) of subsection (6), section 16 of the Chronically Sick and Disabled Persons Act 1970 (which extends the functions of the national advisory council) shall have effect as if after “disabled persons” in each case there were inserted “ , and persons who have had a disability, ” and as if at the end of the section there were added—
Section 15 of the Disabled Persons (Employment) Act 1944 (which gives the Secretary of State power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5).
In subsection (1)—
for “persons registered as handicapped by disablement” substitute “ disabled persons ”;
for “their disablement” substitute “ their disability ”; and
for “are not subject to disablement” substitute “ do not have a disability ”.
In subsection (2), for the words from “any of one or more companies” to “so required and prohibited” substitute “ any company, association or body ”.
After subsection (2) insert—
After subsection (5) insert—
The provisions of section 16 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert—and whose disability is due to that service.
The following provisions of the Act of 1944 shall cease to have effect—
section 1 (definition of “disabled person”);
sections 6 to 8 (the register of disabled persons);
sections 9 to 11 (obligations on employers with substantial staffs to employ a quota of registered persons);
section 12 (the designated employment scheme for persons registered as handicapped by disablement);
section 13 (interpretation of provisions repealed by this Act);
section 14 (records to be kept by employers);
section 19 (proceedings in relation to offences); and
section 21 (application as respects place of employment, and nationality).
Any provision of subordinate legislation in which “disabled person” is defined by reference to the Act of 1944 shall be construed as if that expression had the same meaning as in this Act.
Subsection (8) does not prevent the further amendment of any such provision by subordinate legislation.
This section applies to proceedings on a complaint under section 8 in which evidence of a personal nature is likely to be heard by the industrial tribunal hearing the complaint.
The power of the Secretary of State to make regulations with respect to the procedure of industrial tribunals includes power to make provision in relation to proceedings to which this section applies for—
enabling an industrial tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the tribunal’s decision; and
where a restricted reporting order is made in relation to a complaint which is being dealt with by the tribunal together with any other proceedings, enabling the tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the tribunal may direct.
If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—
in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,
in the case of publication in any other form, the person publishing the matter, and
in the case of matter included in a relevant programme— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
any body corporate engaged in providing the service in which the programme is included, and
any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
Where a person is charged with an offence under subsection (3), it is a defence to prove that at the time of the alleged offence— that the publication or programme in question was of, or included, the matter in question.
he was not aware, and
he neither suspected nor had reason to suspect,
Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
a director, manager, secretary or other similar officer of the body corporate, or
a person purporting to act in any such capacity,
In relation to a body corporate whose affairs are managed by its members “director”, in subsection (5), means a member of the body corporate.
In this section—
the governing body of a university;
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This section applies to proceedings—
on an appeal against a decision of an industrial tribunal to make, or not to make, a restricted reporting order, or
on an appeal against any interlocutory decision of an industrial tribunal in proceedings in which the industrial tribunal has made a restricted reporting order which it has not revoked.
The power of the Lord Chancellor to make rules with respect to the procedure of the Employment Appeal Tribunal includes power to make provision in relation to proceedings to which this section applies for—
enabling the Tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the Tribunal’s decision; and
where a restricted reporting order is made in relation to an appeal which is being dealt with by the Tribunal together with any other proceedings, enabling the Tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the Tribunal may direct.
Subsections (3) to (6) of section 62 apply in relation to a restricted reporting order made by the Tribunal as they apply in relation to one made by an industrial tribunal.
In subsection (1), “restricted reporting order” means an order which is a restricted reporting order for the purposes of section 62.
In subsection (2), “restricted reporting order” means an order—
made in exercise of the power conferred by rules made by virtue of this section; and
prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain.
In this section—
This Act , other than the provisions mentioned in paragraphs (a) and (b) of subsection (A1), applies— as it applies to an act done by a private person.
to an act done by or for purposes of a Minister of the Crown or government department, or
to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,
The following provisions bind the Crown— and sections 57 and 58 shall apply for purposes of provisions mentioned in paragraph (a) as if service as a Crown servant were employment by the Crown.
sections 21B to 21E and Part 5A, and
the other provisions of this Act so far as applying for the purposes of provisions mentioned in paragraph (a);
. . . Part II applies to service— as it applies to employment by a private person.
for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, or
on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body,
The provisions of Parts II to IV of the 1947 Act apply to proceedings against the Crown under this Act as they apply to Crown proceedings in England and Wales . . . .
The provisions of Part V of the 1947 Act apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which by virtue of that Part are treated as civil proceedings by or against the Crown; but the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) does not apply.
Subsections (A1) to(2) have effect subject to section 64A and section 64B.
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as a member of the Ministry of Defence Police, the British Transport Police, the Royal Parks Constabulary or the United Kingdom Atomic Energy Authority Constabulary;
as a prison officer; or
for purposes of a Minister of the Crown or government department having functions with respect to defence as a person who is or may be required by his terms of service to engage in fire fighting.
Subsections (A1) to(2) have effect subject to section 64A.
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. . . Part II does not apply to service in any of the naval, military or air forces of the Crown.
In this section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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This Act applies to an act done by or for purposes of the House of Lords or the House of Commons as it applies to an act done by a private person.
For the purposes of the application of Part II in relation to the House of Commons, the Corporate Officer of that House shall be treated as the employer of a person who is (or would be) a relevant member of the House of Commons staff for the purposes of section 139 of the Employment Protection (Consolidation) Act 1978.
Except as provided in subsection (4), for the purposes of the application of sections 19 to 21, the provider of services is—
as respects the House of Lords, the Corporate Officer of that House; and
as respects the House of Commons, the Corporate Officer of that House.
Where the service in question is access to and use of any place in the Palace of Westminster which members of the public are permitted to enter, the Corporate Officers of both Houses jointly are the provider of that service.
Nothing in any rule of law or the law or practice of Parliament prevents proceedings being instituted before an industrial tribunal under Part II or before any court under Part III.
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Subject to regulations under subsection (3), this section applies to any appointment made by a Minister of the Crown or government department to an office or post where Part II does not apply in relation to the appointment.
In making the appointment, and in making arrangements for determining to whom the office or post should be offered, the Minister of the Crown or government department shall not act in a way which would contravene Part II if he or the department were the employer for the purposes of this Act.
Regulations may provide for this section not to apply to such appointments as may be prescribed.
For the purposes of Part II, the holding of the office of constable as a police officer shall be treated as employment –
by the Chief Constable as respects any act done by him in relation to that office or a holder of it;
by the Policing Board as respects any act done by it in relation to that office or the holder of it.
For the purposes of section 58 –
the holding of the office of constable as a police officer shall be treated as employment by the Chief Constable (and as not being employment by any other person); and
anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.
There shall be paid out of funds put at the disposal of the Chief Constable under section 10(5) of the Police (Northern Ireland) Act 2000 –
any compensation, damages or costs awarded against the Chief Constable in any proceedings brought against him under Part II or III, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and
any sum required by the Chief Constable for the settlement of any claim made against him under Part II or III if the settlement is approved by the Policing Board.
The Chief Constable may, in such cases and to such extent as appear to him to be appropriate, pay –
any compensation, damages or costs awarded in proceedings under Part II or III against a police officer;
any costs incurred and not recovered by a police officer in such proceedings; and
any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings if the settlement is approved by the Policing Board.
The Chief Constable may make arrangements for the legal representation of a police officer in any proceedings mentioned in subsection (4).
This section –
applies in relation to a person serving with the Police Service of Northern Ireland by virtue of section 98 of the Police Act 1996 or section 23 or 24 of the Serious Organised Crime and Police Act 2005 as it applies in relation to a police officer;
applies in relation to a police officer who by virtue of paragraph 7(2)(a) or 8(4)(a) of Schedule 3 to the Police (Northern Ireland) Act 1998 is under the direction and control of the Police Ombudsman for Northern Ireland as if –
in subsection (1) the reference to the Chief Constable included a reference to the Ombudsman;
in subsections (2), (4) and (5) the references to the Chief Constable were references to the Ombudsman.
Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities.
Any such power, includes power—
to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and
to provide for a person to exercise a discretion in dealing with any matter.
Subsection (4A) applies to—
the first regulations to be made under section 21H(1);
regulations under section 47J(3);
regulations under section 67A(3);
regulations under paragraph 6A(2) of Schedule 1.
Where regulations under section 21D(7)(b) provide for the omission of section 21D(5), the provision that may be made by the regulations in exercise of the power conferred by subsection (3)(a) includes provision amending section 21D for the purpose of omitting references to section 21D(5).
Any other order made under this Act, other than an order under section 3(9), 54A(6)(a) or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
The provision that may be made by regulations under section 21G(5)(b) in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing section 21G(4).
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.
Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule.
No regulations to which this subsection applies shall be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
An order under section 47(1), if made without a draft having been laid before and approved by a resolution of, the Assembly shall be subject to annulment in pursuance of a resolution of the Assembly; but the exercise of the discretion conferred by this subsection is subject to section 67A.
Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).
For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment –
by the chief officer of police as respects any act done by him in relation to that office or a holder of it;
by the police authority as respects any act done by it in relation to that office or the holder of it;
For the purposes of section 58 –
the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and
anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.
There shall be paid out of the police fund –
any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under Part II or III, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and
any sum required by a chief officer of police for the settlement of any claim made against him under Part II if the settlement is approved by the police authority.
A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund –
any compensation, damages or costs awarded in proceedings under Part II or III against a person under the direction and control of the chief officer of police;
any costs incurred and not recovered by such a person in such proceedings; and
any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in subsection (4).
Subject to subsection (8), in this section in relation to any body of constables—
“chief officer of police” means the person who has the direction and control of the body;
“police authority” means the authority by which the members of the body are paid; and
“police fund” means money provided by that authority.
Nothing in subsections (3) to (6) applies in relation to the police.
In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.
In this Act—
Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Northern Ireland if the employee –
does his work wholly or partly in Northern Ireland; or,
does his work wholly outside Northern Ireland and subsection (2A) applies.
In this Act “criminal investigation” means—
any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with or prosecuted for an offence is guilty of it; or
any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct.
Except in prescribed cases, employment on board a ship, aircraft or hovercraft is to be regarded as not being employment at an establishment in Great Britain.
In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders.
Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in Northern Ireland.
In subsections (1A) and (1B)—
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at the establishment from which it is done; or
where it is not done from any establishment, at the establishment with which it has the closest connection.
This subsection applies if –
the employer has a place of business at an establishment in Northern Ireland;
the work is for the purposes of the business carried on at the establishment; and
the employee is ordinarily resident in Northern Ireland –
at the time when he applies for or is offered the employment, or
at any time during the course of the employment.
This subsection applies to a ship if –
it is registered at a port of registry in Northern Ireland; or
it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.
This subsection applies to an aircraft or hovercraft if –
it is –
registered in the United Kingdom, and
operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland; or
it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom.
The following are not to be regarded as being employment at an establishment in Northern Ireland –
employment on board a ship to which subsection (2B) does not apply;
employment on an aircraft or hovercraft to which subsection (2C) does not apply.
There shall be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown under this Act;
any increase attributable to this Act in the sums payable out of money so provided under or by virtue of any other enactment.
This Act may be cited as the Disability Discrimination Act 1995.
This section (apart from subsections (4), (5) and (7)) comes into force on the passing of this Act.
The other provisions of this Act come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different purposes.
The following provisions of this Act— come into force 2 months after the passing of the Local Transport Act 2008.
section 36 so far as it applies to designated vehicles,
section 36A, and
section 38 (which has already been brought in force in England and Wales by an order under subsection (3)) so far as it extends to Scotland,
Schedule 6 makes consequential amendments.
The repeals set out in Schedule 7 shall have effect.
Subject to subsections (5A) and (5B), this Act extends to England and Wales, Scotland and Northern Ireland; but in their application to Northern Ireland the provisions of this Act mentioned in Schedule 8 shall have effect subject to the modifications set out in that Schedule.
The National Disability Council. The Northern Ireland Disability Council
Sections 7A 7B and 49G extend to England and Wales only.
Consultations which are required by any provision of this Act to be held by the Secretary of State may be held by him before the coming into force of that provision.
Sections 7C and 7D extend to Scotland only.
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Before the Department for Regional Development decides which of the Assembly procedures available under section 67(4B) is to be adopted in connection with the making of any particular order under section 47(1), it must consult such persons as it thinks appropriate.
An order under section 47(1) may be made without a draft of the order having been laid before, and approved by a resolution of, the Assembly only if—
regulations under subsection (3) are in force; and
the making of the order without such laying and approval is in accordance with the regulations
Regulations may set out the basis on which the Department for Regional Development, when it comes to make an order under section 47(1), will decide which of the Assembly procedures available under section 67(4B) is to be adopted in connection with the making of the order.
Before making regulations under subsection (3), the Department for Regional Development must consult such persons as it considers appropriate.
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The Department for Regional Development must after each 31st December prepare, in respect of the year that ended with that day, a report on—
the exercise in that year of the power to make orders under section 47(1); and
the exercise in that year of the discretion under section 67(4B).
A report under subsection (1) must (in particular) contain—
details of each order made under section 47(1) in the year in respect of which the report is made; and
details of consultation carried out under sections 47(3) and 67A(1) in connection with orders made in that year under section 47(1).
The Department for Regional Development must lay before the Assembly each report that it prepares under this section.
Section 1(1).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations may make provision, for the purposes of this Act— Regulations made under sub-paragraph (2) may make provision as to the meaning of “condition” for the purposes of those regulations.
The effect of an impairment is a long-term effect if— Where an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur. For the purposes of sub-paragraph (2), the likelihood of an effect recurring shall be disregarded in prescribed circumstances. Regulations may prescribe circumstances in which, for the purposes of this Act—
An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities. Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect. Regulations under sub-paragraph (2) may, in particular, make provision with respect to deliberately acquired disfigurements.
An impairment is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities only if it affects one of the following— Regulations may prescribe—
Regulations may make provision for the purposes of this Act—
for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as a substantial adverse effect;
for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as not being a substantial adverse effect.
An impairment which would be likely to have a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities, but for the fact that measures are being taken to treat or correct it, is to be treated as having that effect. In sub-paragraph (1) “measures” includes, in particular, medical treatment and the use of a prosthesis or other aid. Sub-paragraph (1) does not apply—
Sub-paragraph (2) applies to any person whose name is, both on 12th January 1995 and on the date when this paragraph comes into force, in the register of disabled persons maintained under section 6 of the Disabled Persons (Employment) Act 1944. That person is to be deemed— A certificate of registration shall be conclusive evidence, in relation to the person with respect to whom it was issued, of the matters certified. Unless the contrary is shown, any document purporting to be a certificate of registration shall be taken to be such a certificate and to have been validly issued. Regulations may provide for prescribed descriptions of person to be deemed to have disabilities, and hence to be disabled persons, for the purposes of this Act. The generality of sub-paragraph (5) shall not be taken to be prejudiced by the other provisions of this Schedule. Regulations may prescribe circumstances in which a person who has been deemed to be a disabled person by the provisions of sub-paragraph (1) or regulations made under sub-paragraph (5) is to be treated as no longer being deemed to be such a person. In this paragraph—
Subject to sub-paragraph (2), a person who has cancer, HIV infection or multiple sclerosis is to be deemed to have a disability, and hence to be a disabled person. Regulations may provide for sub-paragraph (1) not to apply in the case of a person who has cancer if he has cancer of a prescribed description. A description of cancer prescribed under sub-paragraph (2) may (in particular) be framed by reference to consequences for a person of his having it.
Where— he shall be taken to have an impairment which has such a substantial adverse effect if the condition is likely to result in his having such an impairment. Regulations may make provision, for the purposes of this paragraph—
In this Schedule, “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.
Section 2(2).
The modifications referred to in section 2 are as follows.
References in Parts II , III and VAand Part III of the 2005 Order to a disabled person are to be read as references to a person who has had a disability.
In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) , 15C(1) and 16A(4), section 21A(4)(a) (in the words to be read as section 19(1)(aa)) and section 21A(6)(a) (in the words to be substituted in section 21(1)), after “not disabled” (in each place it occurs) insert “ and who have not had a disability ”.
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In sections 4A(3)(b), 4E(3)(b), 4H(3)(b), 6B(3)(b), 7B(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) , 15C(3)(a) and 16A(6), for “has” (in each place it occurs) substitute “ has had ”.
In section 3A(5), after “not having that particular disability” insert “ and who has not had that particular disability ”.
The effect of an impairment is a long-term effect if it has lasted for at least 12 months. Where an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect recurs. For the purposes of sub-paragraph (2), the recurrence of an effect shall be disregarded in prescribed circumstances.
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In section 24(3)(e)(i) and (f)(i), after “having” insert had.
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In sections 24D(2)(a) and 24J(3)(b), for “did not have” substitute had not had.
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References in Chapter I of Part III of the 2005 Order to a disabled pupil are to be read as references to a pupil who has had a disability.
References in Chapter II of Part III of the 2005 Order to a disabled student are to be read as references to a student who has had a disability.
In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.
In Article 16(1) of the 2005 Order, in sub-paragraphs (a) and (b), after “not disabled” insert “ and who have not had a disability ”.
In Article 29 of the 2005 Order in paragraph (3)(a), after “disabled” insert “ or that he had had a disability ”; in paragraph (6)(a) of that Article, after “who do not have” insert “ and have not had ”; and in paragraph (10) of that Article, for “that particular disability” substitute “ and who has not had that particular disability and ”.
In Articles 30(1)(c), (1A)(d), (1B)(c), (1C) and (1D) and 37(1)(d), 2(c) and (3) of the 2005 Order, after “not disabled” insert “ and who have not had a disability ”.
In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”.
In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.
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Except as provided by Part 2, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under that Part. Sub-paragraph (1) does not prevent the making of an application for judicial review or the investigation or determination of any matter in accordance with Part 10 (investigations) of the Pension Schemes Act 1993 by the Pensions Ombudsman” or the investigation or determination of any matter in accordance with the Part X (investigations: the Pensions Ombudsman) of the Pension Schemes (Northern Ireland) Act 1993 by the Pensions Ombudsman. Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 16B(2B).
An employment tribunal shall not consider a complaint under section 17A or 25(8) unless it is presented before the end of the period of three months beginning when the act complained of was done. Article 249B of the Employment Rights (Northern Ireland) Order 1996 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a). Sub-paragraphs (1) and (1A) shall be treated as provisions of the Employment Rights (Northern Ireland) Order 1996 for the purposes of Article 249B of that Order. A tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so. For the purposes of sub-paragraph (1)— In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—
In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of a Minister of the Crown and certifying— shall be conclusive evidence of the matters certified. In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of the Scottish Ministers and certifying that any conditions or requirements specified in the certificate— shall be conclusive evidence of the matters certified. In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of the Welsh Ministers and certifying that any conditions or requirements specified in the certificate— shall be conclusive evidence of the matters certified. A document purporting to be such a certificate as is mentioned in sub-paragraph (1), (1A) or (1B) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
Except as provided by section 25 no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part III. Sub-paragraph (1) does not prevent the making of an application for judicial review.
A county court or a sheriff court shall not consider a claim under section 25 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done. Where, in relation to proceedings or prospective proceedings under section 25, the dispute concerned is referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by three months. A court may consider any claim under section 25 which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so. For the purposes of sub-paragraph (1)— In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—
In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.
In any proceedings under section 25, a certificate signed by or on behalf of a Minister of the Crown and certifying— shall be conclusive evidence of the matters certified. A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
Sections 16(5) and 27(5).
If any question arises as to whether the occupier has failed to comply with the section 6 or section 15 duty, by failing to make a particular alteration to the premises, any constraint attributable to the fact that he occupies the premises under a lease is to be ignored unless he has applied to the lessor in writing for consent to the making of the alteration.
In any proceedings under section 8, in a case to which section 16 applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined or sisted as a party to the proceedings. The request shall be granted if it is made before the hearing of the complaint begins. The tribunal may refuse the request if it is made after the hearing of the complaint begins. The request may not be granted if it is made after the tribunal has determined the complaint. Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine— If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps— An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order. Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 8(2). If the tribunal orders the lessor to pay compensation it may not make an order under section 8(2) ordering the occupier to do so.
Regulations may make provision as to circumstances in which—
a lessor is to be taken, for the purposes of section 16 and this Part of this Schedule to have—
withheld his consent;
withheld his consent unreasonably;
acted reasonably in withholding his consent;
a condition subject to which a lessor has given his consent is to be taken to be reasonable;
a condition subject to which a lessor has given his consent is to be taken to be unreasonable.
The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 16 or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.
If any question arises as to whether the occupier has failed to comply with the section 21 duty, by failing to make a particular alteration to premises, any constraint attributable to the fact that he occupies the premises under a lease is to be ignored unless he has applied to the lessor in writing for consent to the making of the alteration.
If the occupier has applied in writing to the lessor for consent to the alteration and— the occupier or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff. In the following provisions of this Schedule “court” includes “sheriff”. On such a reference the court shall determine whether the lessor’s refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable. If the court determines— it may make such declaration as it considers appropriate or an order authorising the occupier to make the alteration specified in the order. An order under sub-paragraph (4) may require the occupier to comply with conditions specified in the order.
In any proceedings on a claim under section 25, in a case to which this Part of this Schedule applies, the plaintiff, the pursuer or the occupier concerned may ask the court to direct that the lessor be joined or sisted as a party to the proceedings. The request shall be granted if it is made before the hearing of the claim begins. The court may refuse the request if it is made after the hearing of the claim begins. The request may not be granted if it is made after the court has determined the claim. Where a lessor has been so joined or sisted as a party to the proceedings, the court may determine— If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps— An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order. If the court orders the lessor to pay compensation it may not order the occupier to do so.
Regulations may make provision as to circumstances in which—
a lessor is to be taken, for the purposes of section 27 and this Part of this Schedule to have—
withheld his consent;
withheld his consent unreasonably;
acted reasonably in withholding his consent;
a condition subject to which a lessor has given his consent is to be taken to be reasonable;
a condition subject to which a lessor has given his consent is to be taken to be unreasonable.
The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 27 or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.
Section 50(8).
The Council shall be a body corporate. The Council is not the servant or agent of the Crown and does not enjoy any status, immunity or privilege of the Crown.
The Council has power to regulate its own procedure (including power to determine its quorum).
The Council shall consist of at least 10, but not more than 20, members. In this Schedule “member”, except in sub-paragraph (5)(b), means a member of the Council. Each member shall be appointed by the Secretary of State. The Secretary of State shall appoint one member to be chairman of the Council and another member to be its deputy chairman. The members shall be appointed from among persons who, in the opinion of the Secretary of State— Before appointing any member, the Secretary of State shall consult such persons as he considers appropriate. In exercising his powers of appointment, the Secretary of State shall try to secure that at all times at least half the membership of the Council consists of disabled persons, persons who have had a disability or the parents or guardians of disabled persons.
Each member shall be appointed for a term which does not exceed five years but shall otherwise hold and vacate his office in accordance with the terms of his appointment. A person shall not be prevented from being appointed as a member merely because he has previously been a member. Any member may at any time resign his office by written notice given to the Secretary of State. Regulations may make provision for the Secretary of State to remove a member from his office in such circumstances as may be prescribed.
The Secretary of State may pay such remuneration or expenses to any member as he considers appropriate. The approval of the Treasury is required for any payment made under this paragraph.
The Secretary of State shall provide the Council with such staff as he considers appropriate.
The Secretary of State may by regulations make provision—
as to the provision of information to the Council by the Secretary of State;
as to the commissioning by the Secretary of State of research to be undertaken on behalf of the Council;
as to the circumstances in which and conditions subject to which the Council may appoint any person as an adviser;
as to the payment by the Secretary of State, with the approval of the Treasury, of expenses incurred by the Council.
As soon as is practicable after the end of each financial year, the Council shall report to the Secretary of State on its activities during the financial year to which the report relates. The Secretary of State shall lay a copy of every annual report of the Council before each House of Parliament and shall arrange for such further publication of the report as he considers appropriate.
Section 70(4).
In section 12(1) of the Employment and Training Act 1973 (duty of Secretary of State to give preference to ex-service men and women in exercising certain powers in respect of disabled persons)—
for “persons registered as handicapped by disablement” substitute “disabled persons”; and
for the words after ““disabled person”” substitute “has the same meaning as in the Disability Discrimination Act 1995.”
In section 136(1) of the Employment Protection (Consolidation) Act 1978 (appeals to Employment Appeal Tribunal), at the end insert—
In paragraph 20 of Schedule 13 to that Act (reinstatement or re-engagement of dismissed employees), in sub-paragraph (3)—
in the definition of “relevant complaint of dismissal”, omit “or” and at the end insert “or a complaint under section 8 of the Disability Discrimination Act 1995 arising out of a dismissal”;
in the definition of “relevant conciliation powers”, omit “or” and at the end insert “or paragraph 1 of Schedule 3 to the Disability Discrimination Act 1995”; and
in the definition of “relevant compromise contract” for “or section” substitute “section” and at the end insert “or section 9(2) of the Disability Discrimination Act 1995”.
In paragraph 9 of Schedule 7 to the Companies Act 1985 (disclosure in directors' report of company policy in relation to disabled persons), in the definition of “disabled person” in sub-paragraph (4)(b), for “Disabled Persons (Employment) Act 1944” substitute “Disability Discrimination Act 1995”.
In section 7 of the Local Government and Housing Act 1989 (all staff of a local authority etc. to be appointed on merit), in subsection (2)—
paragraph (a) shall be omitted;
the word “and” at the end of paragraph (d) shall be omitted; and
after paragraph (e) insert—; and
In section 16 of the Enterprise and New Towns (Scotland) Act 1990 (duty of certain Scottish bodies to give preference to ex-service men and women in exercising powers to select disabled persons for training), in subsection (2), for “said Act of 1944” substitute “Disability Discrimination Act 1995”.
Section 70(5). Chapter Short title Extent of repeal 7 & 8 Geo. 6 c. 10. The Disabled Persons (Employment) Act 1944. Section 1. Sections 6 to 14. Section 19. Section 21. Section 22(4). 6 & 7 Eliz. 2 c. 33. The Disabled Persons (Employment) Act 1958. Section 2. 1970 c. 44. The Chronically Sick and Disabled Persons Act 1970. Section 16. 1978 c. 44. The Employment Protection (Consolidation) Act 1978. In Schedule 13, in paragraph 20(3), the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”. 1989 c. 42. The Local Government and Housing Act 1989. In section 7(2), paragraph (a) and the word “and” at the end of paragraph (d). 1993 c. 62. The Education Act 1993. In section 161(5), the words from “and in this subsection” to the end.
Section 70(6).
In its application to Northern Ireland this Act shall have effect subject to the following modifications.
In section 3(1) for “Secretary of State” substitute “Department”. In section 3 for subsections (4) to (12) substitute—
In section 4(6) for “Great Britain” substitute “Northern Ireland”.
In section 7(2) for “Secretary of State” substitute “Department of Economic Development”. In section 7(4) to (10) for “Secretary of State” wherever it occurs substitute “Department of Economic Development”, for “he” and “him” wherever they occur substitute “it” and for “his” wherever it occurs substitute “its”. In section 7(9) for “Parliament” substitute “the Assembly”.
In section 8(3) omit “or (in Scotland) in reparation”. In section 8(7) for “paragraph 6A of Schedule 9 to the Employment Protection (Consolidation) Act 1978” substitute “Article 61(3) of the Industrial Relations (Northern Ireland) Order 1976”.
In section 9(2)(a) for “a conciliation officer” substitute “the Agency”. In section 9(4) in the definition of “qualified lawyer” for the words from “means” to the end substitute “means a barrister (whether in practice as such or employed to give legal advice) or a solicitor of the Supreme Court who holds a practising certificate.”.
In section 10(1)(b) omit “or recognised body”. In section 10(2)(b) for “Secretary of State” substitute “Department of Economic Development”. In section 10(3) in the definition of “charity” for “1993” substitute “(Northern Ireland) 1964”, omit the definition of “recognised body” and in the definition of “supported employment” for “Act 1944” substitute “Act (Northern Ireland) 1945”. In section 10(4) for “England and Wales”where it twice occurs substitute “Northern Ireland”. Omit section 10(5).
— In section 12(5) for “Great Britain” where it twice occurs substitute “Northern Ireland”.
In section 19(3)(g) for “section 2 of the Employment and Training Act 1973” substitute “sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950”. In section 19(5) for paragraph (a) substitute—. For section 19(6) substitute—.
In section 20(7) for paragraphs (b) and (c) substitute ; or.
In section 22(4) and (6) omit “or (in Scotland) the subject of”.
In section 25(1) omit “or (in Scotland) in reparation”. In section 25(3) for “England and Wales” substitute “Northern Ireland”. Omit section 25(4). In section 25(5) omit the words from “or” to the end.
In section 26(3) omit “or a sheriff court”.
In section 28 for “Secretary of State” wherever it occurs substitute “Department of Health and Social Services”. In section 28(3) and (4) for “he” substitute “it”. In section 28(5) for “Treasury” substitute “Department of Finance and Personnel in Northern Ireland”.
Omit sections 29, 30 and 31.
In section 32(1) for “Secretary of State” substitute “Department of the Environment”. “taxi” means a vehicle which—
In section 33, for “Secretary of State”, wherever it occurs, substitute “Department of the Environment”.
For section 34 substitute—.
Omit section 35.
In section 36(7) for “licensing authority” substitute “Department of the Environment”.
In section 37(5) and (6) for “licensing authority” substitute “Department of the Environment”. In section 37(9) for “Secretary of State” substitute “Department of the Environment”.
In section 38(1) for “a licensing authority” substitute “the Department of the Environment”. In section 38(2) for “licensing authority concerned” substitute “Department of the Environment”. In section 38(3) for the words from “the magistrates' court” to the end substitute “a court of summary jurisdiction acting for the petty sessions district in which the aggrieved person resides”.
Omit section 39.
In section 40 for “Secretary of State” wherever it occurs substitute “Department of the Environment”. “public service vehicle” means a vehicle which— In section 40(7) for the words from “the Disabled” to the end substitute “such representative organisations as it thinks fit”.
In section 41(2) for “Secretary of State” substitute “Department of the Environment”. In section 41 for subsections (3) and (4) substitute—.
In section 42 for “Secretary of State” wherever it occurs substitute “Department of the Environment”. In section 42(1) for “he” substitute “it”. In section 42(6) for “his” substitute “its”.
In section 43 for “Secretary of State” wherever it occurs substitute “Department of the Environment”.
In section 44 for “Secretary of State” wherever it occurs substitute “Department of the Environment”. In section 44(2) for “him” substitute “it”. In section 44(6) for “he” substitute “it” and for “his” substitute “its”.
In section 45 for “Secretary of State” wherever it occurs substitute “Department of the Environment”. In section 45(2) for “him” substitute “it” and at the end add “of Northern Ireland”. In section 45(4) for “he” substitute “it”.
In section 46 for “Secretary of State” wherever it occurs substitute “Department of the Environment”. In section 46(6) in the definition of “rail vehicle” for the words “on any railway, tramway or prescribed system” substitute “by rail”. Omit section 46(7). In section 46(11) for the words from “the Disabled” to the end substitute “such representative organisations as it thinks fit”.
In section 47 for “Secretary of State” wherever it occurs substitute “Department of the Environment”. In section 47(3) for the words “the Disabled Persons Transport Advisory Committee and such other persons as he” substitute “such persons as it” and for “he” substitute “it”.
Omit section 48(3).
In the heading to Part VI of this Act and in section 50(1) for “National Disability Council” substitute “Northern Ireland Disability Council”. In section 50(2) for “the Secretary of State” in the first place where it occurs substitute “a Northern Ireland department” and in the other place where it occurs substitute “that department”. In section 50(3) for “Secretary of State” substitute “Department of Health and Social Services”. In section 50(7) for “the Secretary of State” substitute “a Northern Ireland department” and after “Crown” insert “or a Northern Ireland department”. In section 50(9)(a) for sub-paragraphs (i) to (iv) substitute—. In section 50(10) for the words from “time when” to the end substitute time when—.
In section 51(1) for “the Secretary of State” substitute “any Northern Ireland department” and for “the Secretary of State's” substitute “that department's”. In section 51(2) for “The Secretary of State” substitute “A Northern Ireland department”. In section 51(4) for “a county court or a sheriff court” substitute “or a county court”. In section 51(6) for “the Secretary of State” substitute “a Northern Ireland department”.
For section 52 substitute—.
In section 53 for “Secretary of State” wherever it occurs substitute “Department of Economic Development”. In section 53(1) for “he” substitute “it”. In section 53(5) for “a county court or a sheriff court” substitute “or a county court”.
For section 54 substitute—.
In section 56(2) and (4) for “Secretary of State” substitute “Department of Economic Development”.
In section 59(1) after “Crown” where it twice occurs insert “or a Northern Ireland department”.
In section 60(1) to (3) for “Secretary of State” wherever it occurs substitute “Department of Economic Development” and for “he” and “him” wherever they occur substitute “it”. In section 60(4) for “Treasury” substitute “Department of Finance and Personnel in Northern Ireland”. For section 60(6) substitute—. In section 60(7) omit “paragraph (b) of”, for “1944” substitute “1945” and omit “in each case”. In section 60, omit subsection (8).
For section 61 substitute—.
In section 62(2) for “Secretary of State” substitute “Department of Economic Development”. In section 62(7) for “Great Britain” where it twice occurs substitute “Northern Ireland”.
Omit section 63.
In section 64(3) for “England and Wales” substitute “Northern Ireland”. Omit section 64(4). In section 64(5)(a) omit the words from “, the British” to the end. In section 64(8)—
Omit section 65.
For section 67 substitute—
For section 68(1) substitute—. In section 68(2) to (4) for “Great Britain” wherever it occurs substitute “Northern Ireland”.
In section 70(3) for “Secretary of State” substitute “Department of Health and Social Services”. In section 70(8) for “the Secretary of State” substitute “a Northern Ireland department” and for “him” substitute “it”.
In Schedule 1 in paragraph 7(1) for “Act 1944” substitute “Act (Northern Ireland) 1945”. In Schedule 1 in paragraph 7(7) for “1944” substitute “1945”.
In Schedule 3 in paragraph 1— In any proceedings under section 8— shall be conclusive evidence of the matters certified. In Schedule 3 in paragraph 6(1) omit “or a sheriff court”. In any proceedings under section 25— shall be conclusive evidence of the matters certified.
In Schedule 4 in paragraphs 2(1) and (5) and 7(1) and (5) omit “or sisted”. In Schedule 4 in paragraph 4 for “Secretary of State” substitute “Department of Economic Development”. In Schedule 4 in paragraph 6(1) omit “or, in Scotland, to the sheriff”. In Schedule 4 omit paragraph 6(2). In Schedule 4 in paragraph 9 for “Secretary of State” substitute “Department of Health and Social Services”.
In Schedule 5 in the heading for “National” substitute “Northern Ireland”. In Schedule 5 for “Secretary of State” wherever it occurs substitute “Department of Health and Social Services”. In Schedule 5 in paragraphs 3(6), 5(1), 6 and 8(2) for “he” substitute “it” and in paragraph 3(7) for “his” substitute “its”. In Schedule 5 in paragraphs 5(2) and 7(d) for “Treasury” substitute “Department of Finance and Personnel in Northern Ireland”. In Schedule 5 in paragraph 8(2) for “each House of Parliament” substitute “the Assembly”.
For Schedules 6 and 7 substitute—.