Disability Discrimination Act 1995

Part I — Disability

AppealsAppeal against refusal of exemption certificate

1

Meaning of “public authority” in Part 5A

2

Restriction on proceedings for breach of Part 4, Chapter 1

3

Part II — THE EMPLOYMENT FIELD AND DISTRICT COUNCILS and members of locally-electable authorities

Employment

Discrimination against applicants and employees

4

Meaning of “discrimination”

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of employer to make adjustments

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption for small businesses

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement etc.

Enforcement, remedies and procedure

8

• (1) A complaint by any person that another person—

• (a) has discriminated against him in a way which is unlawful under 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 employment tribunal.

• (2) 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—

• (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 employment 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 falls 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.

• (7) 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).

• (8) Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

Validity of certain agreements

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charities and support for particular groups of persons

10

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Advertisements suggesting that employers will discriminate against disabled persons

11

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Discrimination by other persons

Discrimination against contract workers

12

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Discrimination by trade organisations

13

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Meaning of “discrimination” in relation to trade organisations

14

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Appeal against refusal of exemption certificate

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . .

Alterations to premises occupied under leases

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . .

Occupational pension schemes

17

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Insurance services

18

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PART III — Discrimination in Other Areas

Goods, facilities and services

Discrimination in relation to goods, facilities and services

19

Meaning of “discrimination”

20

Duty of providers of services to make adjustments

21

Premises

Discrimination in relation to premises

22

Exemption for small dwellings

23

Meaning of “discrimination”

24

Enforcement, etc.

Enforcement, remedies and procedure

25

Validity and revision of certain agreements

26

Alterations to premises occupied under leases

27

Advice and assistance

28

Part IV — Education

Education of disabled persons

29

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Further and higher education of disabled persons. 1992 c. 13

30

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Further and higher education of disabled persons: Scotland. 1992 c. 37

31

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Part V — Public Transport

Taxis

Taxi accessibility regulations

32

Designated transport facilities

33

New licences conditional on compliance with taxi accessibility regulations

34

Exemption from taxi accessibility regulations

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Carrying of passengers in wheelchairs

36

Carrying of guide dogs and hearing dogs

37

Appeal against refusal of exemption certificate

38

Requirements as to disabled passengers in Scotland

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public service vehicles

PSV accessibility regulations

40

Accessibility certificates

41

Approval certificates

42

Special authorisations

43

Reviews and appeals

44

Fees

45

Rail vehicles

Rail vehicle accessibility regulations

46

Exemption from rail vehicle accessibility regulations

47

Supplemental

Offences by bodies corporate etc

48

Forgery and false statements

49

Part VI — The National Disability Council

The National Disability Council

50

Codes of practice prepared by the Council

51

Further provision about codes issued under section 51

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VII — Supplemental

Codes of practice prepared by the Secretary of State

53

Further provision about codes issued under section 53

54

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Victimisation

55

Help for persons suffering discrimination

56

Aiding unlawful acts

57

Liability of employers and principals

58

Statutory authority and national security etc

59

Part VIII — Miscellaneous

Appointment by Secretary of State of advisers

60

Amendment of Disabled Persons (Employment) Act 1944

61

Restriction of publicity: industrial tribunals

62

Restriction of publicity: Employment Appeal Tribunal

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to Crown etc

64

Application to Parliament

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government appointments outside Part II

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations and orders

67

Interpretation

68

Financial provisions

69

Short title, commencement, extent etc

70

SCHEDULE 1

Impairment

1

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Regulations may make provision, for the purposes of this Act—

• (a) for conditions of a prescribed description to be treated as amounting to impairments;

• (b) for conditions of a prescribed description to be treated as not amounting to impairments.

• (3) Regulations made under sub-paragraph (2) may make provision as to the meaning of “condition” for the purposes of those regulations.

Long-term effects

2

• (1) The effect of an impairment is a long-term effect if—

• (a) it has lasted at least 12 months;

• (b) the period for which it lasts is likely to be at least 12 months; or

• (c) it is likely to last for the rest of the life of the person affected.

• (2) 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.

• (3) For the purposes of sub-paragraph (2), the likelihood of an effect recurring shall be disregarded in prescribed circumstances.

• (4) Regulations may prescribe circumstances in which, for the purposes of this Act—

• (a) an effect which would not otherwise be a long-term effect is to be treated as such an effect; or

• (b) an effect which would otherwise be a long-term effect is to be treated as not being such an effect.

Severe disfigurement

3

• (1) 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.

• (2) Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect.

• (3) Regulations under sub-paragraph (2) may, in particular, make provision with respect to deliberately acquired disfigurements.

Normal day-to-day activities

4

• (1) 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—

• (a) mobility;

• (b) manual dexterity;

• (c) physical co-ordination;

• (d) continence;

• (e) ability to lift, carry or otherwise move everyday objects;

• (f) speech, hearing or eyesight;

• (g) memory or ability to concentrate, learn or understand; or

• (h) perception of the risk of physical danger.

• (i) taking part in normal social interaction; or

• (j) forming social relationships

• (2) Regulations may prescribe—

• (a) circumstances in which an impairment which does not have an effect falling within sub-paragraph (1) is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities;

• (b) circumstances in which an impairment which has an effect falling within sub-paragraph (1) is to be taken not to affect the ability of the person concerned to carry out normal day-to-day activities.

Substantial adverse effects

5

Regulations may make provision for the purposes of this Act—

• (a) 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;

• (b) 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.

Effect of medical treatment

6

• (1) 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.

• (2) In sub-paragraph (1) “measures” includes, in particular, medical treatment and the use of a prosthesis or other aid.

• (3) Sub-paragraph (1) does not apply—

• (a) in relation to the impairment of a person’s sight, to the extent that the impairment is, in his case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; or

• (b) in relation to such other impairments as may be prescribed, in such circumstances as may be prescribed.

Persons deemed to be disabled

7

• (1) 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.

• (2) That person is to be deemed—

• (a) during the initial period, to have a disability, and hence to be a disabled person; and

• (b) afterwards, to have had a disability and hence to have been a disabled person during that period.

• (3) A certificate of registration shall be conclusive evidence, in relation to the person with respect to whom it was issued, of the matters certified.

• (4) 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.

• (5) 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.

• (5A) The generality of sub-paragraph (5) shall not be taken to be prejudiced by the other provisions of this Schedule.

• (6) 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.

• (7) In this paragraph—

• “certificate of registration” means a certificate issued under regulations made under section 6 of the Act of 1944; and

• “initial period” means the period of three years beginning with the date on which this paragraph comes into force.

Progressive conditions

8

• (1) Where—

• (a) a person has a progressive condition (such as cancer, multiple sclerosis or muscular dystrophy or HIV infection),

• (b) as a result of that condition, he has an impairment which has (or had) an effect on his ability to carry out normal day-to-day activities, but

• (c) that effect is not (or was not) a substantial adverse effect,

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.

• (2) Regulations may make provision, for the purposes of this paragraph—

• (a) for conditions of a prescribed description to be treated as being progressive;

• (b) for conditions of a prescribed description to be treated as not being progressive.

SCHEDULE 2

1

2

3

4

5

SCHEDULE 3

Part I — Employment

Conciliation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on proceedings for breach of Part II

2

Period within which proceedings must be brought

3

Evidence

4

Part II — Discrimination in Other Areas

Restriction on proceedings for breach of Part III

5

Period within which proceedings must be brought

6

Compensation for injury to feelings

7

Evidence

8

SCHEDULE 4

Part I — Occupation by EMPLOYER etc

Failure to obtain consent to alteration

1

Joining lessors in proceedings under section 17A . . .

2

Regulations

3

Sub-leases etc.

4

Part II — Occupation by persons subject to a duty under section 21, 21E or 21H

Failure to obtain consent to alteration

5

Reference to court

6

Joining lessors in proceedings under section 25

7

Regulations

8

Sub-leases etc.

9

SCHEDULE 5

Status

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure

2

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Membership

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Term of office of members

4

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Remuneration

5

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Staff

6

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Supplementary regulation-making power

7

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Annual report

8

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SCHEDULE 6

Employment and Training Act 1973 (c. 50)

1

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Employment Protection (Consolidation) Act 1978 (c. 44)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Companies Act 1985 (c. 6)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government and Housing Act 1989 (c. 42)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enterprise and New Towns (Scotland) Act 1990 (c. 35)

6

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SCHEDULE 7

SCHEDULE 8

1

In its application to Northern Ireland this Act shall have effect subject to the following modifications.

2

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 3 for subsections (4) to (12) substitute—

(4) In preparing a draft of any guidance, the Department shall consult such persons as it considers appropriate. (5) 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. (6) If the Department decides to proceed with any proposed guidance, the Department shall lay a draft of it before the Assembly. (7) 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. (8) If no such resolution is made within the statutory period, the Department shall issue the guidance in the form of its draft. (9) The guidance shall come into force on such date as the Department may by order appoint. (10) Subsection (7) does not prevent a new draft of the proposed guidance being laid before the Assembly. (11) The Department may— (a) from time to time revise the whole or any part of any guidance and re-issue it ; (b) by order revoke any guidance. (12) In this section— - “the Department” means the Department of Economic Development; - “guidance” means guidance issued by the Department under this section and includes guidance which has been revised and re-issued; - “statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

3

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4

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

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8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

• (1) 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 ”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In section 20(7) for paragraphs (b) and (c) substitute

; or (b) functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986 are exercisable in relation to a disabled person’s property or affairs.

.

11

In section 22(4) and (6) omit “or (in Scotland) the subject of”.

12

• (1) In section 25(1) omit “or (in Scotland) in reparation”.

• (2) In section 25(3) for “England and Wales” substitute “ Northern Ireland ”.

• (3) Omit section 25(4).

• (4) In section 25(5) omit the words from“or” to the end.

13

In section 26(3) omit “or a sheriff court”.

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

Omit sections 29, 30 and 31.

16

• (1) In section 32(1) for “Secretary of State” substitute “ Department of the Environment ”.

• (2) In section 32(5) for the definition of “taxi” substitute—

“taxi” means a vehicle which— (a) is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to stand or ply for hire; and (b) seats not more than 8 passengers in addition to the driver

.

17

In section 33, for “Secretary of State”, wherever it occurs, substitute “ Department of the Environment ”.

18

For section 34 substitute—

(34) (1) 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. (2) 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. (3) 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.

.

19

Omit section 35.

20

In section 36(7) for “licensing authority” substitute “ Department of the Environment ”.

21

• (1) In section 37(5) and (6) for “licensing authority” substitute “ Department of the Environment ”.

• (2) In section 37(9) for “Secretary of State” substitute “ Department of the Environment ”.

22

• (1) In section 38(1) for “a licensing authority” substitute “ the Department of the Environment ”.

• (2) In section 38(2) for “licensing authority concerned” substitute “ Department of the Environment ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

Omit section 39.

24

• (1) In section 40 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.

• (2) In section 40(5) for the definition of “public service vehicle” substitute—

“public service vehicle” means a vehicle which— (a) seats more than 8 passengers in addition to the driver; and (b) is a public service vehicle for the purposes of the Road Traffic (Northern Ireland) Order 1981;

.

• (3) In section 40(7) for the words from “the Disabled” to the end substitute “ such representative organisations as it thinks fit ”.

25

• (1) In section 41(2) for “Secretary of State” substitute “ Department of the Environment ”.

• (2) In section 41 for subsections (3) and (4) substitute—

(3) Any person who uses a regulated public service vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

.

26

• (1) In section 42 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.

• (2) In section 42(1) for “he” substitute “ it ”.

• (3) In section 42(6) for “his” substitute “ its ”.

27

In section 43 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.

28

• (1) In section 44 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.

• (2) In section 44(2) for “him” substitute “ it ”.

• (3) In section 44(6) for “he” substitute “ it ” and for “his” substitute “ its ”.

29

• (1) In section 45 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.

• (2) In section 45(2) for “him” substitute “ it ” and at the end add “ of Northern Ireland ”.

• (3) In section 45(4) for “he” substitute “ it ”.

30

• (1) In section 46 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.

• (2) In section 46(6) in the definition of “rail vehicle” for the words “on any railway, tramway or prescribed system” substitute “ by rail ”.

• (3) Omit section 46(7).

• (4) In section 46(11) for the words from “the Disabled” to the end substitute “ such representative organisations as it thinks fit ”.

31

• (1) In section 47 for “Secretary of State” wherever it occurs substitute “ Department of the Environment ”.

• (2) 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 ”.

32

Omit section 48(3).

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 51(4) for “a county court or a sheriff court” substitute “ or a county court ”.

• (4) In section 51(6) for “the Secretary of State” substitute “ a Northern Ireland department ”.

35

For section 52 substitute—

(52) (1) In this section— - “proposal” means a proposal made by the Equality Commission for Northern Ireland to a Northern Ireland department under section 51; - “responsible department”— 1. in relation to a proposal, means the Northern Ireland department to which the proposal is made, 2. in relation to a code, means the Northern Ireland department by which the code is issued; and - “statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954. (2) In preparing any proposal, the Equality Commission for Northern Ireland shall consult— (a) such persons (if any) as the responsible department has specified in making its request to the Equality Commission for Northern Ireland; and (b) such other persons (if any) as the Equality Commission for Northern Ireland considers appropriate. (3) Before making any proposal the Equality Commission for Northern Ireland 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 Equality Commission for Northern Ireland makes any proposal, the responsible department may— (a) approve it; (b) approve it subject to such modifications as that department thinks appropriate; or (c) refuse to approve it. (5) Where the responsible department approves any proposal (with or without modifications) that department shall prepare a draft of the proposed code and lay it before the Assembly. (6) If, within the statutory period, the Assembly resolves not to approve the draft, the responsible department shall take no further steps in relation to the proposed code. (7) If no such resolution is made within the statutory period, the responsible department shall issue the code in the form of its draft. (8) The code shall come into force on such date as the responsible department may appoint by order. (9) Subsection (6) does not prevent a new draft of the proposed code from being laid before the Assembly. (10) If the responsible department refuses to approve a proposal, that department shall give the Equality Commission for Northern Ireland a written statement of the department’s reasons for not approving it. (11) The responsible department may by order revoke a code.

.

36

• (1) In section 53 for “Secretary of State” wherever it occurs substitute “ Department of Economic Development ”.

• (2) In section 53(1) for “he” substitute “it”.

• (3) In section 53(5) for “a county court or a sheriff court” substitute “ or a county court ”.

37

For section 54 substitute—

(54) (1) In preparing a draft of any code under section 53, the Department shall consult such organisations representing the interests of employers or of disabled persons in, or seeking, employment as the Department considers appropriate. (2) Where the Department proposes to issue a code, the Department shall publish a draft of the code, 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. (3) If the Department decides to proceed with the code, the Department shall lay a draft of it before the Assembly. (4) 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 code. (5) If no such resolution is made within the statutory period, the Department shall issue the code in the form of its draft. (6) The code shall come into force on such date as the Department may appoint by order. (7) Subsection (4) does not prevent a new draft of the proposed code from being laid before the Assembly. (8) The Department may by order revoke a code. (9) In this section— - “the Department” means the Department of Economic Development; and - “statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

.

38

In section 56(2) and (4) for “Secretary of State” substitute “ Department of Economic Development ”.

39

In section 59(1) after “Crown” where it twice occurs insert “ or a Northern Ireland department ”.

40

• (1) 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 ”.

• (2) In section 60(4) for “Treasury” substitute “ Department of Finance and Personnel in Northern Ireland ”.

• (3) For section 60(6) substitute—

(6) The Department of Economic Development may by order repeal section 17 of, and Schedule 2 to, the Disabled Persons (Employment) Act (Northern Ireland) 1945 (district advisory committees).

.

• (4) In section 60(7) omit “paragraph (b) of”, for “1944” substitute “ 1945 ”and omit “in each case”.

• (5) In section 60, omit subsection (8).

41

For section 61 substitute—

(61) (1) Section 15 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 (which gives the Department of Economic Development power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5). (2) In subsection (1)— (a) for “persons registered as handicapped by disablement” substitute “ disabled persons ”; (b) for “their disablement” substitute “ their disability ”; and (c) for “are not subject to disablement” substitute “ do not have a disability ”. (3) In subsection (2) for the words from “any of one or more companies” to “so required and prohibited” substitute “ any company, association or body ”.

• (4) After subsection (2) insert—

(2A) The only kind of company which the Department itself may form in exercising its powers under this section is a company which is— (a) required by its constitution to apply its profits, if any, or other income in promoting its objects; and (b) prohibited by its constitution from paying any dividend to its members.

.

• (5) After subsection (5) insert—

(5A) For the purposes of this section— (a) a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and (b) “disability” has the same meaning as in that Act.

.

• (6) The provisions of section 16 of the Act of 1945 (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. (2) or the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.

• (7) The following provisions of the Act of 1945 shall cease to have effect—

• (a) section 1 (definition of “disabled person”);

• (b) sections 2 to 4 (training for disabled persons);

• (c) sections 6 to 8 (the register of disabled persons);

• (d) sections 9 to 11 (obligations on employers with substantial staffs to employ quota of registered persons);

• (e) section 12 (the designated employment scheme for persons registered as handicapped by disablement);

• (f) section 13 (interpretation of provisions repealed by this Act);

• (g) section 14 (records to be kept by employer);

• (h) section 19 (proceedings in relation to offences);

• (j) sections 21 and 22 (supplementary).

• (8) Any statutory provision in which “disabled person” is defined by reference to the Act of 1945 shall be construed as if that expression had the same meaning as in this Act.

42

• (1) In section 62(2) for “Secretary of State” substitute “ Department of Economic Development ”.

• (2) In section 62(7) for “Great Britain” where it twice occurs substitute “ Northern Ireland ”.

43

Omit section 63.

44

• (1) In section 64(3) for “England and Wales” substitute “ Northern Ireland ”.

• (2) Omit section 64(4).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 64(8)—

• (a) omit the definitions of “British Transport Police”, “Royal Parks Constabulary” and “United Kingdom Atomic Energy Authority Constabulary”;

• (b) in the definition of “the 1947 Act” at the end add “ as it applies both in relation to the Crown in right of Her Majesty’s Government in Northern Ireland and in relation to the Crown in right of Her Majesty’s Government in the United Kingdom ”;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) in the definition of “service for purposes of a Minister of the Crown or government department” at the end add “ or service as the head of a Northern Ireland department ”.

45

Omit section 65.

46

For section 67 substitute—

(67) (1) 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. (2) Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities. (3) Any such power, includes power— (a) to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and (b) to provide for a person to exercise a discretion in dealing with any matter. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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. (6) 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. (7) 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. (8) Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).

47

• (1) For section 68(1) substitute—

(1) In this Act— - “accessibility certificate” means a certificate issued under section 41(1)(a); - “act” includes a deliberate omission; - “the Agency” means the Labour Relations Agency; - “approval certificate” means a certificate issued under section 42(4); - “the Assembly” means the Northern Ireland Assembly; - “benefits”, in Part II, has the meaning given in section 4(4); - “the Department of Economic Development” means the Department of Economic Development in Northern Ireland; - “the Department of the Environment” means the Department of the Environment for Northern Ireland; - “the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland; - “employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly; - “employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (5); - “enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954; - “government department” means a Northern Ireland department or a department of the Government of the United Kingdom; - “Minister of the Crown” includes the Treasury; - “Northern Ireland department” includes (except in sections 51 and 52) the head of a Northern Ireland department; - “occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993; - “premises”, includes land of any description; - “prescribed” means prescribed by regulations; - “profession” includes any vocation or occupation; - “provider of services” has the meaning given in section 19(2)(b); - “public service vehicle” and “regulated public service vehicle” have the meaning given in section 40; - “PSV accessibility regulations” means regulations made under section 40(1); - “rail vehicle” and “regulated rail vehicle” have the meaning given in section 46; - “rail vehicle accessibility regulations” means regulations made under section 46(1); - “regulations” means— 1. in Parts I and II of this Act, section 66, the definition of “employment” above and subsections (3) and (4) below, regulations made by the Department of Economic Development; 2. in Part V of this Act, regulations made by the Department of the Environment; 3. in any other provision of this Act, regulations made by the Department of Health and Social Services. - “section 6 duty” means any duty imposed by or under section 6; - “section 15 duty” means any duty imposed by or under section 15; - “section 21 duty” means any duty imposed by or under section 21; - “taxi” and “regulated taxi” have the meaning given in section 32; - “taxi accessibility regulations” means regulations made under section 32(1); - “trade” includes any business; - “trade organisation” has the meaning given in section 13; - “vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42.

.

• (2) In section 68—

• (a) for subsection (2) substitute— “

• (2) Where an employee does his work wholly outside Northern Ireland, his employment is not to be treated as being work at an establishment in Northern Ireland. ”; and

• (b) in subsections (3) and (4) for “Great Britain” wherever it occurs substitute “Northern Ireland”.

48

• (1) In section 70(3) for “Secretary of State” substitute “ Department of Health and Social Services ”.

• (2) In section 70(8) for “the Secretary of State” substitute “ a Northern Ireland department ” and for “him” substitute “ it ”.

49

• (1) In Schedule 1 in paragraph 7(1) for “Act 1944” substitute “ Act (Northern Ireland) 1945 ”.

• (2) In Schedule 1 in paragraph 7(7) for “1944” substitute “ 1945 ”.

50

• (1) In Schedule 3 in paragraph 1—

• (a) for “a conciliation officer” wherever it occurs substitute “ the Agency ”;

• (b) in sub-paragraphs (1) and (4) for “he” substitute “ it ”;

• (c) in sub-paragraph (3) for “the conciliation officer” substitute “ the Agency ”.

• (2) In Schedule 3 for paragraph 4(1) substitute—

(1) In any proceedings under section 8— (a) a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or (b) a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security, shall be conclusive evidence of the matters certified.

.

• (3) In Schedule 3 in paragraph 6(1) omit “or a sheriff court”.

• (4) In Schedule 3 for paragraph 8(1) substitute—

(1) In any proceedings under section 25— (a) a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or (b) a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security, shall be conclusive evidence of the matters certified.

.

51

• (1) In Schedule 4 in paragraphs 2(1) and (5) and 7(1) and (5) omit “or sisted”.

• (2) In Schedule 4 in paragraph 4 for “Secretary of State” substitute “ Department of Economic Development ”.

• (3) In Schedule 4 in paragraph 6(1) omit “or, in Scotland, to the sheriff”.

• (4) In Schedule 4 omit paragraph 6(2).

• (5) In Schedule 4 in paragraph 9 for “Secretary of State” substitute “ Department of Health and Social Services ”.

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

For Schedules 6 and 7 substitute—

SCHEDULE 6 (1) In Article 68(6) of the Industrial Relations (Northern Ireland) Order 1976 (reinstatement or re-engagement of dismissed employees)— (a) 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 ”; (b) 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 ”; (c) in the definition of “relevant compromise contract” for “or Article” substitute “ Article ” and at the end insert “ or section 9(2) of the Disability Discrimination Act 1995 ”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 7

Chapter	Short title	Extent of repeal
1945 c. 6 (N.I.)	The Disabled Persons (Employment) Act (Northern Ireland) 1945.	Sections 1 to 4.
		Sections 6 to 14.
		In section 16 the words “vocational training and industrial rehabilitation courses and”, the words “courses and” and the words from “and in selecting” to “engagement”.
		Section 19.
		Section 21.
		Section 22.
1960 c. 4 (N.I.)	The Disabled Persons (Employment) Act (Northern Ireland) 1960.	The whole Act.
1976 NI16	The Industrial Relations (Northern Ireland) Order 1976.	In Article 68(6) the word “or” in the definitions of “relevant complaint of dismissal” and “relevant conciliation powers”.

Meaning of “disability” and “disabled person”.

Meaning of “discrimination” and “harassment”

3A

3B

4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contract workers

4B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Office-holders

4C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Occupational pension schemes

4G

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4H

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4I

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4J

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Occupational pension schemes: supplementary

4K

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Partnerships

6A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Barristers and advocatesBarristers

7A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Barristers

7B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement etc.

Meaning of “discrimination”

Guidance.

Trade and professional bodies

Validity of certain agreements.

14A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “discrimination”

14B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Practical work experience

14D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relationships between locally-electable authorities and their membersRelationships between district councils and their members

15A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other unlawful acts

16A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement etc.

Charities and support for particular groups of persons.

17A

Enforcement, remedies and procedure.

17B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary and general

18A

18B

18C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Validity of contracts, collective agreements and rules of undertakings

18D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18E

21ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualifications bodies: duty to make adjustments

21A

Public authorities

Meaning of “discrimination” in section 21B

21B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “discrimination”

21C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Private clubs etc.

21F

21G

21H

21J

22A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “discrimination”

24A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24G

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24H

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24J

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24K

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24L

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24M

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AppealsAppeal against refusal of exemption certificate

Chapter 1 — SCHOOLS

Duties of responsible bodies

Rail vehicle accessibility compliance certificates: fees

28A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Residual duty of education authorities

28F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28G

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement: England and Wales

28H

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28I

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28IA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28IB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28IC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28ID

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28IE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28J

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28JA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28K

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28L

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28M

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement: Scotland

General duty

28N

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreements relating to enforcement

28P

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Chapter 1

28Q

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 — FURTHER AND HIGHER EDUCATION

Duties of responsible bodies

Exceptions from section 49A(1)

28R

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28SA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions from section 49A(1)

28T

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other providers of further education or training facilities

28U

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other unlawful acts

28UA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28UB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28UC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement, etc.

28V

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28X

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Chapter 2

31A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2A — General Qualifications Bodies

31AA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31AB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31AC

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31AD

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31ADA

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31ADB

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31AE

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31AF

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Chapter 3 — SUPPLEMENTARY

Amendment of Disabled Persons (Employment) Act 1944.

31B

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31C

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36A

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37A

Residual duty: supplementary provisions

Requirements as to disabled passengers in Scotland.

47A

47B

AppealsAppeal against refusal of exemption certificate

47C

47D

47E

47F

47G

47H

47J

47K

47L

47M

Part 5A — Public authorities

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49A

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49B

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49C

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49D

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49E

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49F

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Part 5B — Improvements to dwelling houses

Financial provisions.

49G

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49H

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49I

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53A

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54A

• (1) 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—

• (a) employers;

• (b) service providers;

• (ba) public authorities within the meaning given by section 21B;

• (bb) associations to which section 21F applies;

• (c) bodies which are responsible bodies for the purposes of Chapter I or II of Part III of the 2005 Order; or

• (d) other persons to whom the provisions of Part II or III of this Act or Part III of the 2005 Order apply.

• (1A) The Commission may also prepare and issue codes of practice giving practical guidance to any persons on any other matter with a view to—

• (a) promoting the equalisation of opportunities for disabled persons and persons who have had a disability; or

• (b) encouraging good practice in the way such persons are treated,

in any field of activity regulated by any provision of Part II or III of this Act or Part III of the 2005 Order.

• (1B) Neither subsection (1) nor (1A) applies in relation to any duty imposed by or under Article 17 or 18 of the 2005 Order.

• (1C) 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.

• (1D) The Commission may prepare and issue codes of practice giving practical guidance to landlords and tenants as to—

• (a) circumstances in which a tenant requires the consent of his landlord for making a relevant improvement to a dwelling house;

• (b) circumstances in which it is unreasonable to withhold such consent;

• (c) the application of the improvement provisions in relation to relevant improvements to dwelling houses.

• (1E) In subsection (1D) the improvement provisions are—

• (a) Article 42(e) of the Rent (Northern Ireland) Order 1978 (NI 20);

• (b) Article 34 of the Housing (Northern Ireland) Order 1983 (NI 15);

• (c) Article 49C.

• (2) The Commission shall, when requested to do so by the Office, prepare a code of practice dealing with the matters specified in the request.

• (3) 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).

• (4) The Commission may not issue a code of practice unless—

• (a) a draft of it has been submitted to and approved by the Office and laid by the Office before the Assembly; and

• (b) the statutory period has elapsed without the Assembly resolving not to approve the draft.

• (5) 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.

• (6) A code of practice issued by the Commission—

• (a) shall come into effect on such day as the Office may by order appoint;

• (b) may be revised in whole or part, and re-issued, by the Commission; and

• (c) may be revoked by an order made by the Office at the request of the Commission.

• (7) Where the Commission proposes to revise a code of practice—

• (a) it shall comply with subsection (3) in relation to the revisions; and

• (b) the other provisions of this section apply to the revised code of practice as they apply to a new code of practice.

• (8) 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.

• (9) In this section—

• “code of practice” means a code of practice under this section;

• “the Commission” means the Equality Commission for Northern Ireland;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Office” means the Office of the First Minister and deputy First Minister; and

• “relevant improvement” means an improvement (within the meaning of section 49C(9)) to premises which, having regard to the disability which a disabled person who lawfully occupies or is intended lawfully the premises has, is likely to facilitate his enjoyment of the premises.

• “statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

• (10) Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—

• (a) any matter relating to the operation of any provision of Chapter I or III of Part III of the 2005 Order; or

• (b) any field of activity regulated by any such provision,

any reference in this section to the Office shall be read as a reference to the Department of Education.

• (11) Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to—

• (a) any matter relating to the operation of any provision of Chapter II of Part III of the 2005 Order; or

• (b) any field of activity regulated by any such provision,

any reference in this section to the Office shall be read as a reference to the Department for the Economy.

• (12) 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.

59A

Other police bodies

64A

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64B

• (1) For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment –

• (a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it;

• (b) by the police authority as respects any act done by it in relation to that office or the holder of it;

• (2) For the purposes of section 58 –

• (a) 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

• (b) 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.

• (3) There shall be paid out of the police fund –

• (a) 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

• (b) 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.

• (4) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund –

• (a) 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;

• (b) any costs incurred and not recovered by such a person in such proceedings; and

• (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.

• (5) 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).

• (6) Subject to subsection (8), in this section in relation to any body of constables—

• (a) “chief officer of police” means the person who has the direction and control of the body;

• (b) “police authority” means the authority by which the members of the body are paid; and

• (c) “police fund” means money provided by that authority.

• (7) Nothing in subsections (3) to (6) applies in relation to the police.

• (8) 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.

67A

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67B

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6A

• (1) 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.

• (2) 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.

• (3) 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.

Interpretation

9

In this Schedule, “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.

2A

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2B

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2C

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4ZA

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4ZB

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4A

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4B

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4C

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4D

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4E

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

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.

7

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.

8

In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”.

9

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 ”.

10

• (1) In Article 29 of the 2005 Order in paragraph (3)(a), after “disabled” insert “ or that he had had a disability ”;

• (2) in paragraph (6)(a) of that Article, after “who do not have” insert “ and have not had ”; and

• (3) in paragraph (10) of that Article, for “that particular disability” substitute “ and who has not had that particular disability and ”.

11

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 ”.

12

In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”.

13

In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.

Staying or sisting proceedings on section 21B claim affecting criminal mattersStaying proceedings on section 21B claim affecting criminal matters

6A

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Restriction of remedies for section 21B claim relating to criminal matters

6B

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Part 3 — DISCRIMINATION IN SCHOOLS

Period within which proceedings must be brought

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

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11

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Part 4 — DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS

Period within which proceedings must be brought

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

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14

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15

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Part 5 — Discrimination in General Qualifications Bodies

Restriction on proceedings for breach of Part 4, Chapter 2A

16

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Period within which proceedings must be brought

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence

18

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SCHEDULE 3A

PART I — validity and revision of contracts

PART II — collective agreements and rules of undertakings

PART III — interpretation

SCHEDULE 3A

Part 1 — VALIDITY AND REVISION OF CONTRACTS

1

• (1) A term of a contract is void where—

• (a) the making of the contract is, by reason of the inclusion of the term, unlawful by virtue of this Part of this Act;

• (b) it is included in furtherance of an act which is unlawful by virtue of this Part of this Act; or

• (c) it provides for the doing of an act which is unlawful by virtue of this Part of this Act.

• (2) Sub-paragraph (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against, or harassment of, a party to the contract, but the term shall be unenforceable against that party.

• (3) A term in a contract which purports to exclude or limit any provision of this Part of this Act is unenforceable by any person in whose favour the term would operate apart from this paragraph.

• (4) Sub-paragraphs (1), (2) and (3) apply whether the contract was entered into before or after the date on which this Schedule comes into force; but in the case of a contract made before that date, those sub-paragraphs do not apply in relation to any period before that date.

2

• (1) Paragraph 1(3) does not apply—

• (a) to a contract settling a complaint to which section 17A(1) or 25(8) applies where the contract is made with the assistance of a conciliation officer (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 ); or

• (b) to a contract settling a complaint to which section 17A(1) or 25(8) applies if the conditions regulating compromise contracts under this Schedule are satisfied in relation to the contract.

• (2) The conditions regulating compromise contracts under this Schedule are that—

• (a) the contract must be in writing;

• (b) the contract must relate to the particular complaint;

• (c) the complainant must have received advice from a relevant independent adviser as to the terms and effect of the proposed contract and in particular its effect on his ability to pursue a complaint before an employment tribunal;

• (d) there must be in force, when the adviser gives the advice, a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice;

• (e) the contract must identify the adviser; and

• (f) the contract must state that the conditions regulating compromise contracts under this Schedule are satisfied.

• (3) A person is a relevant independent adviser for the purposes of sub-paragraph (2)(c)—

• (a) if he is a qualified lawyer;

• (b) if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union; or

• (c) if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre.

• (4) But a person is not a relevant independent adviser for the purposes of sub-paragraph (2)(c) in relation to the complainant—

• (a) if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party;

• (b) in the case of a person within sub-paragraph (3)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party; or

• (c) in the case of a person within sub-paragraph (3)(c), if the complainant makes a payment for the advice received from him.

• (5) In sub-paragraph (3)(a) “qualified lawyer” means—

• (a) as respects England and Wales, a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the Courts and Legal Services Act 1990 ); and

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

• (6) In sub-paragraph (3)(b) “independent trade union” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 .

• (7) For the purposes of sub-paragraph (4)(a) any two persons are to be treated as connected—

• (a) if one is a company of which the other (directly or indirectly) has control; or

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

• (8) An agreement under which the parties agree to submit a dispute to arbitration—

• (a) shall be regarded for the purposes of sub-paragraph (1)(a) and (b) as being a contract settling a complaint if—

• (i) the dispute is covered by a scheme having effect by virtue of an order under section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992, and

• (ii) the agreement is to submit it to arbitration in accordance with the scheme; but