Dredf logo Image: Three adult wheelchair users, October 2000. Image: Blind woman from Africa speaking at the DREDF international conference. Image: 10 year old boy with cerebral palsy and his six year-old sister

 


 

Since 2000, the Disability Rights Education and Defense Fund has collected country-based laws that protect the rights of individuals with disabilities. DREDF is providing this collection of laws and summaries in order to foster sharing of information and encourage the international dialogue on disability anti-discrimination. We have made every effort to collect up-to-date and accurate information based on existing written and Internet sources, but we make no guarantee, undertaking or warranty regarding the accuracy, completeness or currency of the materials published herein. In all cases, users are referred to official legislative and parliamentary publications for the original legal texts and language. Go to the complete collection.

 


 


 

Extract (Attention ! This is a scanned text. It may contain errors or deviate from the original)
 

Disability Discrimination Act

1995

CHAPTER 50

ARRANGEMENT OF SECTIONS

PART I

Disability

Section

1. Meaning of "disability" and "disabled person".

2. Past disabilities.

3. Guidance.

PART II

EMPLOYMENT

Discrimination by employers

4. Discrimination against applicants and employees.

5. Meaning of "discrimination".

6. Duty of employer to make adjustments.

7. Exemption for small businesses.

Enforcement etc.

8. Enforcement, remedies and procedure.

9. Validity of certain agreements. I

10. Charities and support for particular groups of persons.

I 1. Advertisements suggesting that employers will discriminate

against disabled persons.

Discrimination by other persons

12. Discrimination against contract workers.

13. Discrimination by trade organisations.

14. Meaning of "discontinuation" in relation to trade organisations.

I5. Duty of trade organisation to make adjustments.

Premises occupied under leases

16. Alterations to premises occupied under leases.

Occupational pension schemes and insurance services

Section

17. Occupational pension schemes.

18. Insurance services.

PART III

DISCRIMNATION IN OTHER AREAS

Goods, facilities and services

19. Discrimination in relation to goods, facilities and services.

20. Meaning of "discrimination".

21. Duty of providers of services to make adjustments.

Premises

22. Discrimination in relation to premises.

23. Exemption for small dwellings.

24. Meaning of "discrimination".

Enforcement, etc.

25. Enforcement, remedies and procedure.

26. Validity and revision of certain agreements.

27. Alterations to premises occupied under leases.

28. Advice and assistance.

PART IV

EDUCATION

29. Education of disabled persons.

30. Further and higher education of disabled persons.

31. Further and higher education of disabled persons: Scotland.

PART V

PUBLIC TRANSPORT

Taxis

32. Taxi accessibility regulations.

33. Designated transport facilities.

34. New licences conditional on compliance with taxi accessibility

regulations.

35. Exemption from taxi accessibility regulations.

36. Carrying of passengers in wheelchairs.

37. Carrying of guide dogs and hearing dogs.

38. Appeal against refusal of exemption certificate.

39. Requirements as to disabled passengers in Scotland.

Public service vehicles

40. PSV accessibility regulations.

41. Accessibility certificates.

42. Approval certificates.

43. Special authorisations.

44. Reviews and appeals.

45. Fees.

Rail vehicles

Section

46. Rail vehicle accessibility regulations.

47. Exemption from rail vehicle accessibility regulations.

Supplemental

48. Offences by bodies corporate etc.

49. Forgery and false statements.

PART VI

THE NATIONAL DISABILITY COUNCIL

50. The National Disability Council.

51. Codes of practice prepared by the Council.

52. Further provision about codes issued under section 51.

PART VII

SUPPLEMIENTAL

53. Codes of practice prepared by the Secretary of State.

54. Further provision about codes issued under section 53.

55. Victimisation.

56. Help for persons suffering discrimination.

57. Aiding unlawful acts.

58. Liability of employers and principals.

59. Statutory authority and national security etc.

PART VIII

MISCELLANEOUS

60. Appointment by Secretary of State of advisers.

61. Amendment of Disabled Persons (Employment) Act 1944.

62. Restriction of publicity: industrial tribunals.

63. Restriction of publicity: Employment Appeal Tribunal.

64. Application to Crown etc.

65. Application to Parliament.

66. Government appointments outside Part II.

67. Regulations and orders.

68. Interpretation.

69. Financial provisions.

70. Short title, commencement, extent etc.


SCHEDULES:

Schedule 1-Provisions Supplementing Section 1.

Schedule 2-Past Disabilities.

Schedule 3-Enforcement and Procedure.

Part I-Employment.

Part II-Discrimination in Other Areas.

Schedule 4-Premises Occupied Under Leases.

Part I-Occupation by Employer or Trade Organisation.

Part ll-Occupation by Provider of Services.

Schedule 5-The National Disability Council.

Schedule 6-Consequential Amendments.

Schedule 7-Repeals.

Schedule 8-Modifications of this Act in its Application to

Northern Ireland.

ELIZABETH II

Disability Discrimination Act

1995

1995 CHAPTER 50

An Act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council. [8th November 1995]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

PART I

DISABILITY

1.-(l) Subject to the provisions of Schedule, a person has a disability Meaning of

for the purposes of this Act if he has a physical or mental impairment which has a "disability" and

substantial and long-term adverse effect on his ability to carry out normal "disabled person".

day-to-day activities.

(2) In this Act "disabled person" means a person who has a disability.

2.-(1) The provisions of this Part and Parts II and III apply in relation to a person Past disabilities

who has. had a disability as they apply in relation to a person who has that disability.

(2) Those provisions are subject to the modifications made by

Schedule 2.

(3) Any regulations or order made under this Act may include provision with respect to persons who have had a disability.

(4) In any proceedings under Part II or Part III of this Act, 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 in force when the act complained of was done had been in force at the relevant time.

(5) The relevant time may be a time before the passing of this Act.

Guidance. 3.-(1) The Secretary of State may issue guidance about the matters to

be taken into account in determining

(a) whether an impairment has a substantial adverse effect on a person's ability to carry out normal day-to-day activities; or

(b) whether such an impairment has a long-term effect.

(2) The guidance may, among other things, give examples of-

(a) effects which it would be reasonable, in relation to particular activities, to regard for purposes of this Act as substantial adverse effects;

(b) effects which it would not be reasonable, in relation to particular activities, to regard for such purposes as substantial adverse effects;

(c) substantial adverse effects which it would be reasonable to regard, for such purposes, as long-term;

(d) substantial adverse effects which it would not be reasonable to regard, for such purposes, as long-term.

(3) A tribunal or court determining, for any purpose of this Act, whether an impairment has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities, shall take into account any guidance which appears to it to be relevant.

(4) In preparing a draft of any guidance, the Secretary of State shall

consult such persons as he considers appropriate.

(5) Where the Secretary of State proposes to issue any guidance, he shall publish a draft of it, consider any representations that are made to him about the draft and, if he thinks it appropriate, modify his proposals in the light of any of those representations.

(6) If the Secretary of State decides to proceed with any proposed

guidance, he shall lay a draft of it before each House of Parliament.

(7) 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 guidance.

(8) If no such resolution is made within the 40-day period, the

Secretary of State shall issue the guidance in the form of his draft.

(9) The guidance shall come into force on such date as the Secretary of

State may appoint by order.

(10) Subsection (7) does not prevent a new draft of the proposed

guidance from being laid before Parliament.

(11) The Secretary of State may-

(a) from time to time revise the whole or part of any guidance and re-issue it;

(b) by order revoke any guidance.

(12) In this section-

"40-day period", in relation to the draft of any proposed guidance,

means-

(a) 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

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House, no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days; and

"guidance" means guidance issued by the Secretary of State under

this section and includes guidance which has been revised and re-issued.


PART II

EMPLOYMENT

Discrimination by employers

4.-(l) It is unlawful for an employer to discriminate against a disabled person- Discrimination

against applicants

and employees.

(a) in the arrangements which he makes for the purpose of determining to whom

he should offer employment;

(b) in the terms on which he offers that person employment; or

(c) by refusing to offer, or deliberately not offering, him employment.



(2) It is unlawful for an employer to discriminate against a disabled

person whom he employs-

(a) in the terms of employment which he affords him;

(b) in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit;

(c) by refusing to afford him, or deliberately not affording him, any such opportunity; or

(d) by dismissing him, or subjecting him to any other detriment.

(3) 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-

(a) that provision differs in a material respect from the provision of the benefits by the employer to his employees; or

(b) the provision of the benefits to the employee in question is regulated by his contract of employment; or

(c) the benefits relate to training.

(4) In this Part "benefits" includes facilities and services.

(5) 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.

(6) This section applies only in relation to employment at an

establishment in Great Britain.

Meaning of 5.-(1) For the purposes of this Part, an employer discriminates against

"discrimination". a disabled person if-

(a) 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

(b) he cannot show that the treatment in question is justified.

(2) For the purposes of this Part, an employer also discriminates

against a disabled person if-

(a) he fails to comply with a section 6 duty imposed on him in relation to the disabled person; and

(b) he cannot show that his failure to comply with that duty is justified.

(3) 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.

(4) 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.

(5) 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.

(6) Regulations may make provision, for purposes of this section, as

to circumstances in which-

(a) treatment is to be taken to be justified;

(b) failure to comply with a section 6 duty is to be taken to be justified;

(c) treatment is to be taken not to be justified;

(d) failure to comply with a section 6 duty is to be taken not to be justified.

(7) Regulations under subsection (6) may, in particular-

(a) make provision by reference to the cost of affording any benefit; and

(b) in relation to benefits under occupational pension schemes, make provision with a view to enabling uniform rates of contributions to be maintained.

Duty of employer 6.-(I) Where-

to make adjustments

(a) any arrangements made by or on behalf of an employer, or

(b) any physical feature of premises occupied by the employer,

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.

(2) Subsection (1)(a) applies only in relation to-

(a) arrangements for determining to whom employment should be offered;

(b) any term, condition or arrangements on which employment, promotion, a transfer, training or any other benefit is offered or afforded.

(3) 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) -

(a) making adjustments to premises;

(b) allocating some of the disabled person's duties to another person;

(c) transferring him to fill an existing vacancy;

(d) altering his working hours;

(e) assigning him to a different place of work;

(f) allowing him to be absent during working hours for

rehabilitation, assessment or treatment;

(g) giving him, or arranging for him to be given, training;

(h) acquiring or modifying equipment;

(i) modifying instructions or reference manuals;

0) modifying procedures for testing or assessment;

(k) providing a reader or interpreter;

(l) providing supervision.

(4) 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-

(a) the extent to which taking the step would prevent the effect in question;

(b) the extent to which it is practicable for the employer to take the step;

(c) 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;

(d) the extent of the employer's financial and other resources;

(e) the availability to the employer of financial or other assistance with respect to taking the step.

This subsection is subject to any provision of regulations made under

subsection (8).

(5) In this section, "the disabled person concerned" means-

(a) 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;

(b) in any other case, a disabled person who is-

(i) an applicant for the employment concerned; or

(ii) an employee of the employer concerned.

(6) 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-

(a) in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the employment; or

(b) in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

(7) 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.

(8) Regulations may make provision, for the purposes of subsection

(1)-

(a) as to circumstances in which arrangements are, or a physical feature is, to be taken to have the effect mentioned in that subsection;

(b) as to circumstances in which arrangements are not, or a physical feature is not, to be taken to have that effect;

(c) as to circumstances in which it is reasonable for an employer to have to take steps of a prescribed description;

(d) as to steps which it is always reasonable for an employer to have to take;

(e) as to circumstances in which it is not reasonable for an employer to have to take steps of a prescribed description;

(f) as to steps which it is never reasonable for an employer to have

to take;

(g) as to things which are to be treated as physical features;

(h) as to things which are not to be treated as such features.

(9) 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.

(10) 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).

(11) 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-

(a) termination of service;

(b) retirement, old age or death;

(c) accident, injury, sickness or invalidity; or

(d) any other prescribed matter.

(12) 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.

Exemption for 7.-(1) Nothing in this Part applies in relation to an employer who has

small business. fewer than 20 employees.

(2) 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.

(3) In this section-

"anniversary" means the anniversary of the coming into force of this section; and

"review" means a review of the effect of this section.

(4) Before making any order under subsection (2), the Secretary of

State shall conduct a review.

(5) 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.

(6) Any review shall be completed within nine months.

(7) In conducting any review, the Secretary of State shall consult-

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

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

(8) 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.

(9) 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-

(a) summarising the results of the review; and

(b) giving the reasons for his decision.

(10) Any report made by the Secretary of State under subsection (9) shall include a summary of the views expressed to him in his consultations.

Enforcement etc.

8.-(1) A complaint by any person that another person- Enforcement

remedies an

(a) has discriminated against him in a way which is unlawful under procedure.

this Part, or

(b) is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,

may be presented to an industrial tribunal.

(2) 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-

(a) making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;

(b) ordering the respondent to pay compensation to the complainant;

(c) 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.

(3) 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.

(4) 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.

(5) 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-

(a) 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

(b) make an order under subsection (2)(b).

(6) Regulations may make provision-

(a) for enabling a tribunal, where an amount of compensation fails to be awarded under subsection (2)(b), to include in the award interest on that amount; and

(b) 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.

1978c.44. (7) 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).

(8) Part I of Schedule 3 makes further provision about the enforcement

of this Part and about procedure.

Validity of certain 9.-(1) Any term in a contract of employment or other agreement is

agreements void so far as it purports to-

(a) require a person to do anything which would contravene any provision of, or made under, this Part;

(b) exclude or limit the operation of any provision of this Part; or

(c) prevent any person from presenting a complaint to an industrial tribunal under this Part.

(2) 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) a conciliation officer has acted under paragraph I of Schedule 3 in relation to the matter; or

(b) the conditions set out in subsection (3) are satisfied.

(3) The conditions are that-

(a) 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);

(b) 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

(c) the agreement must be in writing, relate to the particular complaint, identify the adviser and state that the conditions are satisfied.

(4) In this section-

"independent", in relation to legal advice to the complainant, means

that it is given by a lawyer who is not acting for the other party or for a person who is connected with that other party; and

"qualified lawyer" means-

(a) as respects proceedings in England and Wales, 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; and

(b) as respects proceedings in Scotland, an advocate (whether in practice as such or employed to give legal advice) or a solicitor who holds a practising certificate.

(5) For the purposes of subsection (4), any two persons are to be

treated as connected if-

(a) one is a company of which the other (directly or indirectly) has control, or

(b) both are companies of which a third person (directly or indirectly) has control.

10.-(1) Nothing in this Part- Charities and

Support for

(a) affects any charitable instrument which provides for conferring benefits on particular groups

one or more categories of person determined by reference to any physical of persons

or mental capacity;. or

(b) 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.

(2) Nothing in this Part prevents-

(a) 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

(b) the Secretary of State from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.

(3) In this section-

"charitable instrument" means an enactment or other instrument (whenever taking effect) so far as it relates to charitable purposes;

1993c.10. "charity" has the same meaning as in the Charities Act 1993;

1990c.40. "recognised body" means a body which is a recognised body for the

purposes of Part I of the Law Reform (Miscellaneous

Provisions) (Scotland) Act 1990; and

1944c.10. "supported employment" means facilities provided, or in respect of which payments are made, under section 15 of the Disabled Persons (Employment) Act 1944.

(4) 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.

(5) 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.

l.1-(1) This section applies where-

(a) a disabled person has applied for employment with an employer;

(b) the employer has refused to offer, or has deliberately not offered, him the employment;

(c) the disabled person has presented a complaint under section 8 against the employer;

(d) the employer has advertised the employment (whether before or after the disabled person applied for it); and

(e) 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-

(i) the successful applicant not having any disability or any category of disability which includes the disabled person's disability; or

(ii) the employer's reluctance to take any action of a kind mentioned in section 6.

(2) 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.

(3) In this section "advertisement" includes every form of

advertisement or notice, whether to the public or not.

Discrimination by other persons

12.-(1) It is unlawful for a principal, in relation to contract work, to

discriminate against a disabled person-

(a) in the terms on which he allows him to do that work;

(b) by not allowing him to do it or continue to do' it;

(c) in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or

(d) by subjecting him to any other detriment.

(2) 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.

(3) 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.

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

(5) 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).

(6) In this section-

"principal" means a person ("A") who makes work available for

doing by individuals who are employed by another person who supplies them under a contract made with A;

"contract work" means work so made available; and

"Contract worker" means any individual who is supplied to the principal under such a contract.

13.-(1)It is unlawful for a trade organisation to discriminate against Discrimination by

a disabled person- Trade organisations.

(a) in the terms on which it is prepared to admit him to membership of the

organisation; or

(b) by refusing to accept, or deliberately not accepting, his application for

membership.

(2) 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-

(a) in the way it affords him access to any benefits or by refusing or deliberately omitting to afford him access to them;

(b) by depriving him of membership, or varying the terms on which he is a member; or

(c) by subjecting him to any other detriment.

(3) 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.

(4) 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.

14.-(1) For the purposes of this Part, a trade organisation Meaning of

"discrimination"

in relation to trade

organisations.

(a) 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

(b) it cannot show that the treatment in question is justified.

(2) For the purposes of this Part, a trade organisation also

discriminates against a disabled person if-

(a) it fails to comply with a section 15 duty imposed on it in relation to the disabled person; and

(b) it cannot show that its failure to comply with that duty is justified.

(3) 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.

(4) 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.

(5) 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.

(6) Regulations may make provision, for purposes of this section, as

to circumstances in which-

(a) treatment is to be taken to be justified;

(b) failure to comply with a section 15 duty is to be taken to be justified;

(c) treatment is to be taken not to be justified;

(d) failure to comply with a section 15 duty is to be taken not to be justified.

Appeal against 15.-(1) Where-

refusal of

exemption (a) any arrangements made by or on behalf of a trade organisation, or

certificate

(b) any physical feature of premises occupied by the organisation,

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.

(2) Subsection (1)(a) applies only in relation to-

(a) arrangements for determining who should become or remain a member of the organisation;

(b) any term, condition or arrangements on which membership or any benefit is offered or afforded.

(3) 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-

(a) the extent to which taking the step would prevent the effect in question;

(b) the extent to which it is practicable for the organisation to take

the step;

(c) 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;

(d) the extent of the organisation's financial and other resources;

(e) the availability to the organisation of financial or other

assistance with respect to taking the step.

This subsection is subject to any provision of regulations made under

subsection (7).

(4) In this section "the disabled person concerned" means-

(a) 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;

(b) in any other case, a disabled person who is-

(i) an applicant for membership; or

(ii) a member of the organisation.

(5) 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-

(a) is, or may be, an applicant for membership; or

(b) has a disability and is likely to be affected in the way mentioned in subsection (1).

(6) 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.

(7) 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).

(8) Subsection (9) of section 6 applies in relation to such regulations as

it applies in relation to regulations made under section 6(8).

(9) 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).

(10) 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.


Premises occupied under leases

Alterations to 16.-(1) This section applies where-

premises occupied

under leases. (a) an employer or trade organisation ("the occupier") occupies premises under lease;

(b) but for this section, the occupier would not be entitled to make a particular alteration to the premises; and

(c) the alteration is one which the occupier proposes to make in order to comply with a section 6 duty or section 15 duty.

(2) Except to the extent to which it expressly so provides, the lease shall

have effect by virtue of this subsection as if it provided-

(a) for the occupier to be entitled to make the alteration with the written consent of the lessor;

(b) for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;

(c) if such an application is made, for the lessor not to withhold his consent unreasonably; and

(d) for the lessor to be entitled to make his consent subject to reasonable conditions.

(3) In this section-

"lease" includes a tenancy, sub-lease or sub-tenancy and an

agreement for a lease, tenancy, sub-lease or sub-tenancy; and

"sub-lease" and "sub-tenancy" have such meaning as may be

prescribed.

(4) If the terms and conditions of a lease-

(a) impose conditions which are to apply if the occupier alters the premises, or

(b) entitle the lessor to impose conditions when consenting to the occupier's altering the premises,

the occupier is to be treated for the purposes of subsection (1) as not being

entitled to make the alteration.

(5) Part I of Schedule 4 supplements the provisions of this section.

Occupational pension schemes and insurance services

Occupational 17.-(I) Every occupational pension scheme shall be taken to include

pension schemes a provision ("a non-discrimination rule")-

(a) relating to the terms on which-

(i) persons become members of the scheme; and

(ii) members of the scheme are treated; and

(b) 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.

(2) The other provisions of the scheme are to have effect subject to the

non-discrimination rule.

(3) Without prejudice to section 67, regulations under this Part may-

(a) with respect to trustees or managers of occupational pension schemes make different provision from that made with respect to employers; or

(b) 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.

(4) 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.

18.-( 1) This section applies where a provider of insurance services Insurance service

("the insurer") enters into arrangements with an employer under which the

employer's employees, or a class of his employees-

(a) receive insurance services provided by the insurer; or

(b) are given an opportunity to receive such services.

(2) 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 Ill if-

(a) he were providing the service in question to members of the public; and

(b) the employee was provided with, or was trying to secure the provision of, that service as a member of the public.

(3) In this section-

"insurance services" means services of a prescribed description for

the provision of benefits in respect of-

(a) termination of service;

(b) retirement, old age or death;

(c) accident, injury, sickness or invalidity; or

(d) any other prescribed matter; and

"relevant employee" means-

(a) in the case of an arrangement which applies to employees of the employer in question, an employee of his;

(b) in the case of an arrangement which applies to a class of employees of the employer, an employee who is in that class.

(4) 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.


Disability Discrimination Act 1995


PART IV

EDUCATION

29.-(1) In section 161(5) of the Education Act 1993 (information relating to Education of

pupils with special educational needs to be included in annual disabled persons.

report), omit the words from "and in this subsection" to the end. 1993 c. 62.

(2) After section 161(5) of that Act insert-

"(6) The annual report for each county, voluntary or grant maintained school shall include a report containing information as to-

(a) the arrangements for the admission of disabled pupils;

(b) the steps taken to prevent disabled pupils from being treated less favourably than other pupils; and

(c) the facilities provided to assist access to the school by disabled pupils.

(7) In this section-

"annual report" means the report prepared under the articles of

government for the school in accordance with section 30 of the Education 1986c.61c.

(No. 2) Act 1986 or, as the case may be, paragraph 8 of Schedule 6 to this

Act; and

"disabled pupils" means pupils who are disabled persons for the purposes of 1995c.50.

the Disability Discrimination Act 1995."

(3) In section I of the Education Act 1994 (establishment of the 1994c.30c

Teacher Training Agency) add, at the end-

"(4) In exercising their functions, the Teacher Training Agency shall have regard to the requirements of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995."

30.-(1) The Further and Higher Education Act 1992 is amended as set out in Further and

subsections (2) to (6). higher education

of disabled

persons

(2) In section 5 (administration of funds by further education funding councils),

in subsection (6)(b), after "may" insert ", subject to subsection (7A) below,". 1992c.13.

(3) After section 5(7) insert-

"(7A) Without prejudice to the power to impose conditions given by subsection (6)(b) above, the conditions subject to which a council gives financial support under this section to the governing body of an institution within the further education sector-

(a) shall require the governing body to publish disability statements at such intervals as may be prescribed; and

(b) may include conditions relating to the provision made, or to be made, by the institution with respect to disabled persons.

(7B) For the purposes of subsection (7A) above-

"disability statement" means a statement containing

information of a prescribed description about the provision of facilities for education made by the institution in respect of disabled persons;

1995c.50. "disabled persons" means persons who are disabled persons for the purposes of the Disability Discrimination Act 1995; and

"prescribed" means prescribed by regulations."

(4) In section 8 (supplementary functions) add, at the end-

"(6) As soon as is reasonably practicable after the end of its financial year, each council shall make a written report to the Secretary of State on-

(a) the progress made during the year to which the report relates in the provision of further education for disabled students in their area; and

(b) their plans for the future provision of further education for disabled students in their area.

(7) In subsection (6) above-

"disabled students" means students who are disabled persons . for the purposes of the Disability Discrimination Act 1995; and

"financial year" means the period of twelve months ending with 31st March 1997 and each successive period of twelve months."

(5) In section 62 (establishment of higher education funding councils),

after subsection (7) insert-

(7A) In exercising their functions, each council shall have regard to the requirements of disabled persons.

(7B) In subsection (7A) disabled persons" means persons who are disabled persons for the purposes of the Disability Discrimination Act 1995."

(6) In section 65 (administration of funds by higher education funding councils), after subsection (4) insert-

(4A) Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which a council makes grants, loans or other payments under this section to the governing body of a higher education institution shall require the governing body to publish disability statements at such intervals as may be specified.

(4B) For the purposes of subsection (4A) above-

"disability statement" means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995; and

"specified" means specified in the conditions subject to which grants, loans or other payments are made by a council under this section."

(7) The Education Act 1944 is amended as set out in subsections (8) 1944 c. 3 1.

and (9).

(8) In section 41 (functions of local education authorities in respect of

further education), after subsection (2) insert-

(2A) It shall be the duty of every local education authority to

publish disability statements at such intervals as may be prescribed.

(2B) For the purposes of subsection above-

"disability statement" means a statement containing information of a prescribed description about the provision of facilities for further education made by the local education authority in respect of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995; and

"prescribed" means prescribed by regulations made by the

Secretary of State."

(9) In section 41(7), (8) and (11), for "this section" substitute

"subsections (1) and (6) above".

31.-(I) The Further and Higher Education (Scotland) Act 1992 is Further and

amended as follows. higher education

of disabled

(2) In section 37 (establishment of Scottish Higher Education Funding persons: Scotland.

Council) after subsection (4) insert- 1992 c. 37.

(4A) In exercising their functions, the Council shall have regard

to the requirements of disabled persons.

(4B) In subsection (4A) above, "disabled persons" means persons who are disabled persons for the purpose of the Disability Discrimination Act 1995."

(3) In section 40 (administration of funds by the Council), after

subsection (4) insert-

"(5) Without prejudice to the power to impose conditions given by subsection (3) above, the conditions subject to which the Council make grants, loans or other payments under this section to the governing body of an institution within the higher education sector shall require the governing body to publish disability statements at such intervals as may be specified.

(6) For the purposes of subsection (5) above-

"disability statement" means a statement containing

information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purpose of the Disability Discrimination Act 1995; and

"specified" means specified in the conditions subject to which

grants, loans or other payments are made by the Council

under this section."


PART VI

THE NATIONAL DISABILITY COUNCIL

The National 50.-(1) There shall be a body to be known as the National Disability

Disability Council (but in this Act referred to as "the Council").

Council

(2) 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-

(a) on matters relevant to the elimination of discrimination against disabled persons and persons who have had a disability;

(b) on measures which are likely to reduce or eliminate such discrimination; and

(c) on matters related to the operation of this Act or of provisions made under this Act.

(3) The Secretary of State may by order confer additional functions on

the Council.

(4) 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.

(5) In discharging its duties under this section, the Council shall in

particular have regard to-

(a) the extent and nature of the benefits which would be likely to result from the implementation of any recommendation which it makes; and

(b) the likely cost of implementing any such recommendation.

(6) 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-

(a) the likely cost of implementing the recommendation; and

(b) the likely financial benefits which would result from implementing it.

(7) Where the Council proposes to give the Secretary of State advice on a matter, it shall before doing so-

(a) consult any body-

(i) 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

(ii) having functions in relation to the matter to which the advice relates;

(b) consult such other persons as it considers appropriate; and

(c) have regard to any representations made to it as a result of any such consultations.

(8) Schedule 5 makes further provision with respect to the Council,

including provision about its membership.

(9) The power conferred on the Council by subsection (2) to give

advice on its own initiative does not include power to give advice-

(a) 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-

(i) the Disabled Persons (Employment) Acts 1944 and 1958; 1944c.10.

(ii) the Employment and Training Act 1973; 1958c.33.

(iii) the Employment Protection (Consolidation) Act 1978; or 1973c.50.

(iv) section 2(3) of the Enterprise and New Towns (Scotland) Act 1990; or 1990c.35.

(b) by virtue of paragraph (c), in respect of any matter arising under Part II

or section 53, 54, 56 or 61.

(10) 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.

51.-(I) It shall be the duty of the Council, when asked to do so by the Codes of Codes of practice

Secretary of State- prepared by the

Council

(a) to prepare proposals. for a code of practice dealing with the Council.

matters to which the Secretary of State's request relates; or

(b) to review a code and, if it considers it appropriate, propose alterations.

(2) The Secretary of State may, in accordance with the procedural provisions of section 52, issue codes of practice in response to proposals made by the Council under this section.

(3) 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.

(4) A code is admissible in evidence in any proceedings under this Act

before an industrial tribunal, a county court or a sheriff court.

(5) 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.

(6) In this section and section 52 "code" means a code issued by the Secretary of State under this section and includes a code which has been altered and re-issued.

52.-(1) In this section "proposal" means a proposal made by the Further provision

Council to the Secretary of State under section 51. about codes issued

under section 51.

(2) In preparing any proposal, the Council shall consult-

(a) such persons (if any) as the Secretary of State has specified in making his request to the Council; and

(b) such other persons (if any) as the Council considers appropriate.

(3) 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.

(4) Where the Council makes any proposal, the Secretary of State

may-

(a) approve it;

(b) approve it subject to such modifications as he considers appropriate; or

(c) refuse to approve it.

(5) 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.

(6) 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.

(7) 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.

(8) The code shall come into force on such date as the Secretary of State may appoint by order.

(9) Subsection (6) does not prevent a new draft of the proposed code from being laid before Parliament.

(10) 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.

(11) The Secretary of State may by order revoke a code.

(12) In this section "40-day period", in relation to the draft of a proposed code, means-

(a) 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

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

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.