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

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Duty of employer to make adjustments

6

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Exemption for small businesses

7

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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

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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

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. . .

Alterations to premises occupied under leases

16

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. . .

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

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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

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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

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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

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Application to Crown etc

64

Application to Parliament

65

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Government appointments outside Part II

66

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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

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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

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Procedure

2

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Membership

3

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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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