Disability Discrimination Act 1995

• (b) shall be regarded as neither being nor including such a contract in any other case.

3

• (1) On the application of a disabled person interested in a contract to which paragraph 1(1) or (2) applies, a county court or a sheriff court may make such order as it thinks fit for—

• (a) removing or modifying any term rendered void by paragraph 1(1), or

• (b) removing or modifying any term made unenforceable by paragraph 1(2);

but such an order shall not be made unless all persons affected have been given notice in writing of the application (except where under rules of court notice may be dispensed with) and have been afforded an opportunity to make representations to the court.

• (2) An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into force of this Schedule).

Part 2 — COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

4

• (1) This Part of this Schedule applies to—

• (a) any term of a collective agreement, including an agreement which was not intended, or is presumed not to have been intended, to be a legally enforceable contract;

• (b) any rule made by an employer for application to all or any of the persons who are employed by him or who apply to be, or are, considered by him for employment;

• (c) any rule made by a trade organisation (within the meaning of section 13) or a qualifications body (within the meaning of section 14A) for application to—

• (i) all or any of its members or prospective members; or

• (ii) all or any of the persons on whom it has conferred authorisations or qualifications or who are seeking the authorisations or qualifications which it has power to confer.

• (2) Any term or rule to which this Part of this Schedule applies is void where—

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

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

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

• (3) Sub-paragraph (2) applies whether the agreement was entered into, or the rule made, before or after the date on which this Schedule comes into force; but in the case of an agreement entered into, or a rule made, before the date on which this Schedule comes into force, that sub-paragraph does not apply in relation to any period before that date.

5

A disabled person to whom this paragraph applies may present a complaint to an employment tribunal that a term or rule is void by virtue of paragraph 4 if he has reason to believe—

• (a) that the term or rule may at some future time have effect in relation to him; and

• (b) where he alleges that it is void by virtue of paragraph 4(2)(c), that—

• (i) an act for the doing of which it provides, may at some such time be done in relation to him, and

• (ii) the act would be unlawful by virtue of this Part of this Act if done in relation to him in present circumstances.

6

In the case of a complaint about—

• (a) a term of a collective agreement made by or on behalf of—

• (i) an employer,

• (ii) an organisation of employers of which an employer is a member, or

• (iii) an association of such organisations of one of which an employer is a member, or

• (b) a rule made by an employer within the meaning of paragraph 4(1)(b),

paragraph 5 applies to any disabled person who is, or is genuinely and actively seeking to become, one of his employees.

7

In the case of a complaint about a rule made by an organisation or body to which paragraph 4(1)(c) applies, paragraph 5 applies to any disabled person—

• (a) who is, or is genuinely and actively seeking to become, a member of the organisation or body;

• (b) on whom the organisation or body has conferred an authorisation or qualification; or

• (c) who is genuinely and actively seeking an authorisation or qualification which the organisation or body has power to confer.

8

• (1) When an employment tribunal finds that a complaint presented to it under paragraph 5 is well-founded the tribunal shall make an order declaring that the term or rule is void.

• (2) An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into force of this Schedule).

9

The avoidance by virtue of paragraph 4(2) of any term or rule which provides for any person to be discriminated against shall be without prejudice to the following rights (except in so far as they enable any person to require another person to be treated less favourably than himself), namely—

• (a) such of the rights of the person to be discriminated against, and

• (b) such of the rights of any person who will be treated more favourably in direct or indirect consequence of the discrimination,

as are conferred by or in respect of a contract made or modified wholly or partly in pursuance of, or by reference to, that term or rule.

Part 3 — INTERPRETATION

10

In this Schedule “collective agreement” means any agreement relating to one or more of the matters mentioned in section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (meaning of trade dispute), being an agreement made by or on behalf of one or more employers or one or more organisations of employers or associations of such organisations with one or more organisations of workers or associations of such organisations.

11

Any reference in this Schedule to a contract or act which is unlawful by virtue of this Part of this Act shall be taken to include a reference to a contract or act which is unlawful by virtue of Part 3 of this Act to the extent that it relates to the provision of employment services.

12

Where a term to which section 26(1A)(c) applies is a term in an agreement which is not a contract, Part 1 of this Schedule shall have effect as if the agreement were a contract.

Joining lessors in proceedings relating to group insurance or employment services

7A

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

Part 3 — OCCUPATION BY EDUCATIONAL INSTITUTIONS

Evidence

10

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

11

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

12

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13

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14

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

PART 4 — Occupation by General Qualifications Bodies

Failure to obtain consent to alteration

15

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

Reference to court

16

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

Joining lessors in proceedings under section 31ADA

17

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

SCHEDULE 4A

1

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

2

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SCHEDULE 4B

1

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

2

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SCHEDULE 4C

Part 1 — MODIFICATIONS FOR ENGLAND AND WALES

1

For section 28R, substitute—

(28R) (1) Subsections (2) and (3) apply in relation to— (a) any course of higher education secured by a local education authority under section 120 of the Education Reform Act 1988; (b) any course of further education— (i) secured by a local education authority; or (ii) provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998. (2) It is unlawful for the local education authority or the governing body to discriminate against a disabled person— (a) in the arrangements they make for determining who should be enrolled on the course; (b) in the terms on which they offer to enrol him on the course; or (c) by refusing or deliberately omitting to accept an application for his enrolment on the course. (3) It is unlawful for the local education authority or the governing body to discriminate against a disabled person who has enrolled on the course in the services which they provide, or offer to provide. (4) “Services”, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course. (5) It is unlawful for a local education authority to discriminate against a disabled person in the terms on which they provide, or offer to provide, recreational or training facilities. (6) In this Chapter “responsible body” means— (a) a local education authority, in relation to— (i) a course of further or higher education secured by them; (ii) recreational or training facilities; and (b) the governing body of a maintained school, in relation to a course of further education provided under section 80 of the School Standards and Framework Act 1998. (7) “Further education”— (a) in relation to a course secured by a local education authority, has the meaning given in section 2(3) of the Education Act 1996; and (b) in relation to a course provided under section 80 of the School Standards and Framework Act 1998 means education of a kind mentioned in subsection (1) of that section. (8) In relation to further education secured by a local education authority— - “course” includes each of the component parts of a course of further education if, in relation to the course, there is no requirement imposed on persons registered for any component part of the course to register for any other component part of that course; and - “enrolment”, in relation to such a course, includes registration for any one of those parts. (9) “Higher education” has the meaning given in section 579(1) of the Education Act 1996. (10) “Local education authority” has the meaning given in section 12 of the Education Act 1996. (11) “Governing body” and “maintained school” have the same meaning as in Chapter 1. (12) “Recreational or training facilities” means any facilities secured by a local education authority under subsection (1), or provided by it under subsection (1A), of section 508 of the Education Act 1996 (recreation and social and physical training).

2

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

3

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

4

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

Part 2 — MODIFICATIONS FOR SCOTLAND

5

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

6

For subsection (1) of section 28T, substitute— :

(1) Each responsible body must take such steps as it is reasonable for it to have to take to ensure that— (a) in relation to its arrangements for enroling persons on a course of further education provided by it, and (b) in relation to services provided or offered by it, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled.

7

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

8

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

SCHEDULE 4C

Part 1 — Modifications for England and Wales – Further Education, etc Provided by Local Education Authorities

1

The following is substituted for section 28R—

(28R) (1) Subsections (2) to (4) apply in relation to— (a) any course of higher education secured by a local education authority under section 120 of the Education Reform Act 1988, and (b) any course of further education secured by a local education authority. (2) It is unlawful for the local education authority to discriminate against a disabled person— (a) in the arrangements they make for determining who should be enrolled on the course; (b) in the terms on which they offer to enrol him on the course; or (c) by refusing or deliberately omitting to accept an application for his enrolment on the course. (3) It is unlawful for the local education authority to discriminate against a disabled person who has enrolled on the course in the services which they provide or offer to provide. (4) It is unlawful for the local education authority to subject to harassment a disabled person who— (a) seeks enrolment on the course, (b) is enrolled on the course, or (c) is a user of any services provided by that authority in relation to the course . (5) “Services“, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course. (6) In relation to further education secured by a local education authority— (a) “course” includes each of the component parts of a course of further education if, in relation to the course, there is no requirement imposed on persons registered for any component part of the course to register for any other component part of that course; and (b) “enrolment”, in relation to such a course, includes registration for any one of those parts. (7) In this Chapter— - “responsible body” means a local education authority in relation to a course of further or higher education secured by them; - “further education” in relation to a course secured by the local education authority, has the meaning given in section 2(3) of the Education Act 1996; - “higher education” has the meaning given in section 579(1) of the Education Act 1996; and - “local education authority” has the meaning given in section 12 of the Education Act 1996.

.

Part 1A — Modifications for England and Wales – Further Education Provided by Schools, etc

6

The following is substituted for section 28R—

(28R) (1) Subsections (2) and (3) apply in relation to any course of further education provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998. (2) It is unlawful for the governing body to discriminate against a disabled person— (a) in the arrangements they make for determining who should be enrolled on the course; (b) in the terms on which they offer to enrol him on the course; or (c) by refusing or deliberately omitting to accept an application for his enrolment on the course. (3) It is unlawful for the governing body to discriminate against a disabled person who has enrolled on the course in the services which they provide or offer to provide. (4) “Services“, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course. (5) It is unlawful for a local education authority to discriminate against a disabled person in the terms on which they provide or offer to provide recreational or training facilities. (6) In this Chapter— - “Responsible body” means— 1. the governing body of a maintained school, in relation to a course of further education provided under section 80 of the School Standards and Framework Act 1998, and 2. a local education authority in relation to recreational or training facilities; - “Further education”, in relation to a course provided under section 80 of the School Standards and Framework Act 1998, means education of a kind mentioned in subsection (1) of that section; - “Local education authority” has the meaning given in section 12 of the Education Act 1996; - “Governing Body” and “maintained school” have the same meaning as in Chapter 1; - “Recreational or training facilities” means any facilities secured by a local education authority under subsection (1), or provided by it under subsection (1A), of section 508 of the Education Act 1996 (recreation and social and physical training).

.

9

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

10

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11

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12

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

Part 2 — Modifications for Scotland – Further Education

13

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14

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15

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16

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17

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Part 2A — Modifications for Scotland – Recreational or Training Facilities

18

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19

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20

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21

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22

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23

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24

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

21A

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

• (2) In section 37A(9) for the definitions of “driver”, “licensing authority”, “operator” and “private hire vehicle” substitute— “

• “driver” means a person who holds a taxi driver’s licence under Article 79A of the Road Traffic (Northern Ireland) Order 1981 (SI 1981/154 (NI 1));

• “operator” means a person who in the course of a business makes provision for the invitation or acceptance of bookings for a private hire vehicle;

• “private hire vehicle” means a vehicle which—seats not more than 8 passengers in addition to the driver; andis licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to carry passengers for hire (but not to stand or ply for hire). ”.

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

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

Editorial notes

[^c23369291]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c18597151]: Act restricted (E.W.S.) (22.8.1996) by 1996 c. 17, ss. 21, 46 (with s. 38) Act restricted (8.8.1998) by S.I. 1996/1919 (N.I. 16), art. 160(1)(b) (as substituted (8.8.1998) by S.I. 1998/1265 (N.I. 8), arts. 1(2), 15(3); S.R. 1998/274, art. 2(1), Sch. 1 (with savings and transitional provisions in art. 3)) Act: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 8(a), Sch. 6 Pt. I Act (except ss. 8, 9(4)(d), 10(2)(b)): transfer of certain functions (N.I.)(1.12.1999) by S.R. 1999/481, art. 4(a), Sch. 2 Pt. I

[^c18597161]: Act extends to Northern Ireland subject to modifications: see s. 70(6), Sch. 8.

[^c20504031]: Act: power to amend conferred (N.I) (1.9.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 38(6); S.R. 2005/336, art. 2, Sch.

[^c20504061]: Act: applied (with modifications) (S.) (3.11.2008) by The Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations (S.S.I. 2008/356), {regs. 2, 33(1)}

[^c23366151]: Act applied (N.I.) (10.12.2015) by Children's Services Co-operation Act (Northern Ireland) 2015 (c. 10 (N.I.)), ss. 9(3)(b), 10(1)

[^c23366141]: Act: transfer of functions (N.I.) (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 2 (with art. 9(2))

[^c18597171]: S. 1 wholly in force at 30.5.1996; s. 1 not in force at Royal Assent see. s. 70(3); s. 1 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(a); s. 1 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(a)

[^c20506211]: S. 1 applied (N.I.) (6.4.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 2(3)

[^c22778241]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c20506311]: Words in s. 1 inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1(2)(d)(3)(b),{48(2)}; S.R. 2005/336, art. 2, Sch (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

[^c18597181]: S. 2 wholly in force at 30.5.1996; s. 2 not in force at Royal Assent see. s. 70(3); s. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(b); s. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(b)

[^c22783511]: Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

[^c22783491]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c20385201]: Words in s. 2(1) substituted (N.I.) (31.10.2007) by virtue of The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 2(2); S.R. 2007/430, art. 2(b)

[^c20384871]: Words in s. 2(1) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(a)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

[^c20384891]: Words in s. 2(3) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(b)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

[^c20385221]: Words in s. 2(4) substituted (N.I.) (31.10.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 2(3); S.R. 2007/430, art. 2(b)

[^c20384911]: Words in s. 2(4) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(c)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

[^c20384941]: Words in s. 2(5) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1, {48(3)(d)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

[^c18597241]: S. 3 wholly in force at 30.5.1996; s. 3 not in force at Royal Assent see. s. 70(3); s. 3 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(c); s. 3 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(c)

[^c22783541]: Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It incorporates the N.I. modifications set out in Sch. 8. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

[^c22783521]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c20396441]: S. 3(A1) inserted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 3(2); S.R. 2006/289, art. 2(1)(b)

[^c20396461]: Words in s. 3(1) substituted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 3(3); S.R. 2006/289, art. 2(1)(b)

[^c20396481]: Words in s. 3(2) substituted (N.I.) (3.7.2006) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 3(4); S.R. 2006/289, art. 2(1)(b)

[^c20396401]: Words in s. 3(3) inserted (N.I.) (1.9.2005 for certain purposes, otherwise 16.1.2007) by The Special Educational Needs and Disability (Northern Ireland) Order (S.I. 2005/1117 (N.I. 6)), arts. 1(2)(d)(3)(b), {48(4)}; S.R. 2005/336, art. 2, Sch. (as amended (16.1.2007) by S.R. 2007/25, art. 2); S.R. 2005/337, art. 2, Sch.

[^c20396501]: Words in s. 3(3) substituted (N.I.) (31.10.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), Sch. 1 para. 3(5); S.R. 2007/430, art. 2(c)

[^c22151751]: S. 3(4)-(12) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 2(2) of this Act

[^c22778261]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22778271]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c20656511]: Ss. 4-4K and cross-headings substituted for s. 4 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5

[^c22783581]: Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only. Prior to that repeal, different versions of this section had been created for N.I. and E.W.S. respectively to reflect the different amendment history for each jurisdiction. This version is based on the N.I. version as it stood at the date of the repeal. It does not reflect the history of E.W.S. effects prior to the 2010 repeal, which can be found in earlier versions.

[^c22783571]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c20663271]: This section extends to England and Wales and Scotland only until 1.10.2010; a separate s. 4A exists for Northern Ireland only from 21.2.2004 .

[^c22778421]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c20663261]: This section extends to Northern Ireland only; a separate s. 4A exists for England, Wales and Scotland only until 1.10.2010.

[^c20665112]: Ss. 4-4F and cross-headings substituted for ss. 4-6 (E.W.S) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5(2)

[^c20680242]: Ss. 4-4F and cross-headings substituted for ss. 4-6 (E.W.S) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5(2)

[^c20644292]: Ss. 4-4F and cross-headings substituted for ss. 4-6 and preceding cross-heading (E.W.S) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5

[^c20656592]: Ss. 4-4F and cross-headings substituted for ss. 4-6 (E.W.S) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 5

[^c20663211]: Ss. 4-4K and cross-headings substituted for s. 4 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004, regs. 1(2)(3), {5(1)}

[^c20680501]: This section extends to England, Wales and Scotland only until 1.10.2010; a separate s. 4B exists for Northern Ireland only from 21.2.2004.

[^c22778521]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c20680451]: This section extends to Northern Ireland only; a separate s. 4B exists for England, Wales and Scotland only until 1.10.2010.

[^c20664601]: Ss. 4-4K and cross-headings substituted for s. 4 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 5(1)

[^c22779701]: This section extended to England, Wales and Scotland only until 1.10.2010 ; a separate s. 4C exists for Northern Ireland only from 21.2.2004

[^c22778451]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22779721]: This section extended to England, Wales and Scotland only until 1.10.2010 ; a separate s. 4D exists for Northern Ireland only from 21.2.2004

[^c22778501]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22779731]: This section extended to England, Wales and Scotland only until 1.10.2010 ; a separate s. 4E exists for Northern Ireland only from 21.2.2004

[^c22778461]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22779741]: This section extended to England, Wales and Scotland only until 1.10.2010 ; a separate s. 4F exists for Northern Ireland only from 21.2.2004

[^c22778481]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22779661]: This section extends to Northern Ireland only; a separate s. 4C existed for England, Wales and Scotland only until 1.10.2010.

[^c20832821]: Words in s. 4C(2) substituted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 5}; S.R. 2007/466, art. 2(2)(l)

[^c20664731]: 1958 c. 21

[^c22779671]: This section extends to Northern Ireland only; a separate s. 4D existed for England, Wales and Scotland only until 1.10.2010.

[^c22779681]: This section extends to Northern Ireland only; a separate s. 4E existed for England, Wales and Scotland only until 1.10.2010.

[^c22779691]: This section extends to Northern Ireland only; a separate s. 4F existed for England, Wales and Scotland only until 1.10.2010.

[^c20680551]: This section extends to Northern Ireland only; a separate s. 4G for England, Wales and Scotland only repealed (1.10.2010).

[^c20680561]: This section extends to Northern Ireland only; a separate s. 4H for England, Wales and Scotland only repealed (1.10.2010).

[^c20680571]: This section extends to Northern Ireland only; a separate s. 4I for England, Wales and Scotland only repealed (1.10.2010).

[^c20664821]: S.I. 1995/3213 (N.I. 22)

[^c20680581]: This section extends to Northern Ireland only; a separate s. 4J for England, Wales and Scotland only repealed (1.10.2010).

[^c20680591]: This section extends to Northern Ireland only; a separate s. 4K for England, Wales and Scotland only repealed (1.10.2010).

[^c22784581]: This section extended to England, Wales and Scotland only; a separate s. 4G exists for Northern Ireland only.

[^c22784551]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22784641]: This section extended to England, Wales and Scotland only; a separate s. 4H exists for Northern Ireland only

[^c22784621]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22784671]: This section extended to England, Wales and Scotland only; a separate s. 4I exists for Northern Ireland only.

[^c22784651]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c20681771]: This version of this provision extended to England, Wales and Scotland only; a separate version exists for Northern Ireland only .

[^c22784681]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22784981]: This section extended to England, Wales and Scotland only; a separate s. 4K exists for Northern Ireland only.

[^c22784991]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22785041]: This section extended to England, Wales and Scotland only; a separate s. 6A exists for Northern Ireland.

[^c22785051]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22785071]: This section extended to England, Wales and Scotland only; a separate s. 6B exists for Northern Ireland only

[^c22785081]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22785121]: This section extended to England, Wales and Scotland only; a separate s. 6C exists for Northern Ireland only.

[^c22785101]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c20682931]: This section extends to Northern Ireland only; a separate s. 6A for England, Wales and Scotland only repealed (1.10.2010).

[^c20682941]: This section extends to Northern Ireland only; a separate s. 6B for England, Wales and Scotland only repealed (1.10.2010).

[^c20682951]: This section extends to Northern Ireland only; a separate s. 6C for England, Wales and Scotland only repealed (1.10.2010).

[^c20668741]: 1907 c. 24

[^c20668751]: 1890 c. 39

[^c22785131]: This section extended to England and Wales only; a separate s. 7A exists for Northern Ireland from 21.2.2004.

[^c22785141]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22785181]: This section extended to England and Wales only; a separate s. 7B exists for Northern Ireland only from 21.2.2004 .

[^c22785161]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22785191]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c22785211]: Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[^c20683001]: This section extends to Northern Ireland only; a separate s. 7A for England, Wales and Scotland only repealed (1.10.2010).

[^c20683011]: This section extends to Northern Ireland only; a separate s. 7B for England, Wales and Scotland only repealed (1.10.2010).

[^c20678921]: S. 8 moved and renumbered (as s. 17A) (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 9(1) and s. 8 moved and renumbered (as s. 17A) (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 9(1)

[^c18597521]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^c18597531]: S. 8 wholly in force at 2.12.1996; s. 8 not in force at Royal Assent see s. 70(3); s. 8(6)(7) in force at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 8(1)-(5)(8) in force at 2.12.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. III

[^c18597541]: Words in s. 8(1)(b)(2)(5)(7) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c18597571]: Words in s. 8(7) substituted (E.W.S.) (28.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 12(1)(2) (with s. 38)

[^c18597581]: Words in s. 8(7) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c22529001]: S. 10 moved and renumbered (as s. 18C) (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 11

[^c20679621]: S. 11 omitted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 12 and s. 11 repealed (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 12

[^c22551221]: Cross-heading "Enforcement etc." preceding s. 8 moved (to follow s. 17) (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 9 and said cross-heading moved (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {9}

[^c22785261]: This section extended to England, Wales and Scotland only; a separate s. 13 exists for Northern Ireland only.

[^c23380321]: S. 13: to view versions of this E.W.S. section before 3.7.2003 it is recommended that users search from cross-heading "Discrimination by other persons"