Made | 14th February 2006 | ||
Coming into operation in accordance with Article 1(2) |
1. | Citation and commesncement |
2. | Interpretation |
3. | District councils |
4. | Discrimination by public authorities |
5. | Duty of public authorities |
6. | Police |
7. | Application of sections 19 to 21 of the 1995 Act to transport vehicles |
8. | Rail vehicles: application of accessibility regulations |
9. | Rail vehicles: accessibility compliance certificates |
10. | Rail vehicles: enforcement and penalties |
11. | Discriminatory advertisements |
12. | Group insurance |
13. | Private clubs, etc. |
14. | Discrimination in relation to letting of premises |
15. | Power to modify or end small dwellings exemption |
16. | Improvements to let dwelling houses |
17. | Generalisation of section 56 of the 1995 Act in relation to Part III claims |
18. | Meaning of "disability" |
19. | Amendments and repeals |
Schedule 1 | Minor and consequential amendments |
Schedule 2 | Repeals |
Councils and their members: discrimination and harassment
15B.
—(1) It is unlawful for a council to discriminate against a disabled person who is a member of the council—
(4) Regulations may make provision as to the circumstances in which treatment is to be taken to be justified, or is to be taken not to be justified, for the purposes of section 3A(1)(b) as it has effect for the interpretation of "discriminate" in subsection (1).
(5) Regulations under subsection (4) may (in particular) provide for section 3A(3) to apply with prescribed modifications, or not to apply, for those purposes; but treatment of a disabled person cannot be justified under subsection (4) if it amounts to direct discrimination falling within section 3A(5).
(6) If, in a case falling within section 3A(1) as it has effect for the interpretation of "discriminate" in subsection (1), a council is under a duty imposed by section 15C in relation to a disabled person but fails to comply with that duty, its treatment of that person cannot be justified under subsection (4) unless it would have been justified even if it had complied with that duty.
Councils and their members: duty to make adjustments
15C.
—(1) Subsection (2) applies where—
(4) Regulations may make provision, for purposes of this section—
Discrimination by public authorities
4.
In the 1995 Act, after section 21A insert—
(3) The persons are—
(4) In relation to a particular act, a person is not a public authority by virtue only of subsection (2)(a) if the nature of the act is private.
(5) Regulations may provide for a person of a prescribed description to be treated as not being a public authority for the purposes of this section and sections 21D and 21E.
(6) In the case of an act which constitutes discrimination by virtue of section 55, subsection (1) also applies to discrimination against a person who is not disabled.
(7) Subsection (1)—
(8) Subsection (1) does apply in relation to a public authority's function of appointing a person to, and in relation to a public authority's functions with respect to a person as the holder of, an office or post if—
(9) Subsection (1) does apply in relation to a public authority's functions with respect to a person as candidate or prospective candidate for election to, and in relation to a public authority's functions with respect to a person as elected holder of, an office or post if—
(10) Subsections (8) and (9)—
Exceptions from section 21B(1)
21C
—(1) Section 21B(1) does not apply to—
(5) Section 21B(1) does not apply to an act of a prescribed description.
Meaning of "discrimination" in section 21B
21D
—(1) For the purposes of section 21B(1), a public authority discriminates against a disabled person if—
(3) Treatment, or failure to comply with a duty, is justified under this subsection if —
Duty for purposes of section 21D(2) to make adjustments
21E.
—(1) Subsection (2) applies where a public authority has a practice, policy or procedure which makes it—
(5) Regulations may prescribe—
(6) Subsection (7) applies where an auxiliary aid or service would—
Duty of public authorities
5.
In the 1995 Act, after section 49 insert—
(2) Subsection (1) does not apply to—
(3) Subsection (1) is without prejudice to any obligation of a public authority to comply with any other statutory provision (including any other provision of this Act).
(4) The Commission shall—
(5) Not later than 3 years after the appointed day, the Commission shall prepare and publish a report on the effectiveness of the duty imposed by this section.
(6) In this section—
Plan as to duty under section 49A
49B.
—(1) A public authority to which this subsection applies shall prepare and submit to the Commission a plan showing how the public authority proposes to fulfil the duty imposed by section 49A in relation to the relevant functions.
(2) Any other public authority shall prepare and submit to the Commission such a plan if requested to do so by the Commission.
(3) A public authority—
Police
6.
In sections 64A(3) and (4) and 64B(3) and (4) of the 1995 Act (the bringing of, and compensation and costs in, proceedings against the police under Part II), after "Part II" (in each place) insert "or III".
(2) For the purposes of section 21(1), (2) and (4), it is never reasonable for a provider of services, as a provider of a transport service—
(3) Regulations may provide for subsection (1) or (2) not to apply, or to apply only to a prescribed extent, in relation to vehicles of a prescribed description.
(4) In this section—
Rail vehicles: application of accessibility regulations
8.
—(1) In section 46 of the 1995 Act (rail vehicle accessibility regulations), before subsection (5) insert—
(2) In that section for the definition in subsection (6) of "rail vehicle" substitute—
(4) In the 1995 Act, after section 67 insert—
(3) Regulations may set out the basis on which the Department for Regional Development, when it comes to make an order under section 47(1), will decide which of the Assembly procedures available under section 67(4B) is to be adopted in connection with the making of the order.
(4) Before making regulations under subsection (3), the Department for Regional Development must consult such persons as it considers appropriate.
Annual report on rail exemption orders
67B.
—(1) The Department for Regional Development must after each 31st December prepare, in respect of the year that ended with that day, a report on—
(2) A report under subsection (1) must (in particular) contain—
Rail vehicles: accessibility compliance certificates
9.
—(1) In the 1995 Act, after section 47 insert—
(3) A rail vehicle accessibility compliance certificate is a certificate that the Department for Regional Development is satisfied that the regulated rail vehicle conforms with those provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.
(4) A rail vehicle accessibility compliance certificate may provide that it is subject to conditions specified in the certificate.
(5) Subsection (6) applies where—
(6) The Department for Regional Development shall—
Rail vehicle accessibility compliance certificates: supplementary
47B.
—(1) Regulations may make provision with respect to rail vehicle accessibility compliance certificates.
(2) The provision that may be made under subsection (1) includes (in particular)—
(7) In subsection (6)(b) to (d) "compliance assessment" includes pre-assessment activities (for example, a consideration of how the outcome of a compliance assessment would be affected by the carrying-out of particular proposed work).
Rail vehicle accessibility compliance certificates: fees
47C.
—(1) Such fees, payable at such times, as may be prescribed may be charged by the Department for Regional Development in respect of—
(2) In section 49 of the 1995 Act (forgery and false statements)—
Rail vehicles: enforcement and penalties
10.
—(1) In the 1995 Act, after section 47C (which is inserted by Article 9) insert—
(2) The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
(3) Subsection (4) applies where—
(4) The Department for Regional Development may give to the operator a further notice—
(5) The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator.
(6) If—
the Department for Regional Development may require the operator to pay a penalty.
Penalty for using rail vehicle otherwise than in conformity with accessibility regulations
47F.
—(1) Where it appears to the Department for Regional Development that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which use of the vehicle is required to conform, that Department may give to the operator of the vehicle a notice—
(4) The Department for Regional Development may give to the operator a further notice—
that Department may require the operator of the vehicle to pay a penalty.
(7) For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle.
Sections 47E and 47F: inspection of rail vehicles
47G.
—(1) Where the Department for Regional Development has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by that Department—
the Department for Regional Development may require the operator of the vehicle to pay a penalty.
(7) In this section "inspect" includes test.
Sections 47E and 47F: supplementary powers
47H.
—(1) For the purposes of section 47E, the Department for Regional Development may give notice to a person requiring the person to supply the Department for Regional Development, by a time specified in the notice, with a vehicle number or other identifier for a rail vehicle—
(6) Where a request under subsection (4)—
the Department for Regional Development may treat section 47E(3)(c) or (as the case may be) section 47F(3)(c) as being satisfied in the case concerned.
Penalties under sections 47D to 47H: amount, due date and recovery
47J.
—(1) In this section "penalty" means a penalty under any of sections 47D to 47H.
(2) The amount of a penalty—
Penalties under sections 47D to 47H: procedure
47K.
—(1) In this section "penalty" means a penalty under any of sections 47D to 47H.
(2) If the Department for Regional Development decides that a person is liable to a penalty, that Department must notify the person of the decision.
(3) A notification under subsection (2) must—
(4) Where a person to whom a notification under subsection (2) is issued objects on the ground that—
Penalties under sections 47D to 47H: appeals
47L.
—(1) A person may appeal to the county court against a penalty imposed on him under any of sections 47D to 47H on the ground that—
(2) On an appeal under this section, the county court may—
(4) An appeal may be brought by a person under this section against a penalty whether or not—
Sections 46 to 47H: interpretation
47M.
—(1) In sections 46 to 47H "operator", in relation to any rail vehicle, means the person having the management of that vehicle.
(2) For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers.
(3) Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle's case, include that provision.".
(2) In section 49 of the 1995 Act (Part V—public transport: offences), after subsection (4) insert—
(2) After subsection (2) of that section insert—
(2B) A person who knowingly or recklessly makes a statement such as is mentioned in subsection (2A)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.".
(3) In subsection (3) of that section (definition of "relevant appointment or benefit"), for "subsection (1)" substitute "this section".
Group insurance
12.
—(1) Section 18 of the 1995 Act (provision of insurance services to employees under group insurance arrangements) shall cease to have effect.
(2) In section 25 of that Act (subsection (1) of which enables a claim under Part III to be made the subject of civil proceedings in the same way as breach of statutory duty), after subsection (6) insert—
(3) In section 68(1) of that Act (interpretation), at the appropriate place insert—
Private clubs, etc.
13.
In the 1995 Act, after section 21E (which is inserted by Article 4) insert—
(2) It is unlawful for an association to which this section applies, in the case of a disabled person who is not a member of the association, to discriminate against him—
(3) It is unlawful for an association to which this section applies, in the case of a disabled person who is a member, or associate, of the association, to discriminate against him—
(d) in the case of an associate—
(e) in either case, by subjecting him to any other detriment.
(4) It is unlawful for an association to which this section applies to discriminate against a disabled person—
in his capacity as a guest of the association.
(5) It is unlawful for an association to which this section applies to discriminate against a disabled person—
(6) It is unlawful for an association to which this section applies to discriminate against a disabled person in failing in prescribed circumstances to comply with a duty imposed on it under section 21H.
(7) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.
Meaning of "discrimination"
21G.
—(1) For the purposes of section 21F, an association discriminates against a disabled person if—
(2) For the purposes of subsection (1), treatment is justified only if—
(6) For the purposes of section 21F, an association also discriminates against a disabled person if—
(7) Regulations may make provision as to circumstances in which failure to comply with a duty under section 21H is to be taken to be justified for the purposes of subsection (6).
Duty to make adjustments
21H.
—(1) Regulations may make provision imposing on an association to which section 21F applies—
(2) Regulations under subsection (1) may (in particular)—
(3) Any duty imposed under this section is imposed only for the purpose of determining whether an association has, for the purposes of section 21F, discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
"Member", "associate" and "guest"
21J.
—(1) For the purposes of sections 21F to 21H and this section—
Discrimination in relation to letting of premises
14.
In the 1995 Act, after section 24 insert—
(2) For the purposes of subsection (1), a controller of let premises discriminates against a disabled person if—
(3) For the purposes of this section and sections 24B to 24F, a person is a controller of let premises if he is—
(4) For the purposes of this section and sections 24B to 24F—
(5) This section applies only in relation to premises in the United Kingdom.
Exceptions to section 24A(1)
24B.
—(1) Section 24A(1) does not apply if—
(2) Section 24A(1) does not apply if the premises are of a prescribed description.
(3) Where the conditions mentioned in section 23(2) are satisfied, section 24A(1) does not apply.
(4) For the purposes of section 23 "the relevant occupier" means, in a case falling within section 24A(1), a controller of the let premises, or a near relative of his; and "near relative" has here the same meaning as in section 23.
Duties for purposes of section 24A(2) to provide auxiliary aid or service
24C.
—(1) Subsection (2) applies where—
(4) The second condition is that—
Duty for purposes of section 24A(2) to change practices, terms, etc.
24D.
—(1) Subsection (3) applies where—
(3) It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change the practice, policy, procedure or term so as to stop it having that effect (but see section 24E(1)).
Sections 24C and 24D: supplementary and interpretation
24E.
—(1) For the purposes of sections 24C and 24D, it is never reasonable for a controller of let premises to have to take steps consisting of or including the removal or alteration of a physical feature.
(2) Sections 24C and 24D impose duties only for the purpose of determining whether a person has, for the purposes of section 24A, discriminated against another; and accordingly a breach of any such duty is not actionable as such.
(3) In sections 24C and 24D "relevant disabled person", in relation to let premises, means a particular disabled person—
(4) For the purposes of section 24C and 24D, the terms of a letting of premises include the terms of any agreement which relates to the letting of the premises.
Let premises: victimisation of persons to whom premises are let
24F.
—(1) Where a duty under section 24C or 24D is imposed on a controller of let premises by reference to a person who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises, it is unlawful for a controller of the let premises to discriminate against a person to whom the premises are let.
(2) For the purposes of subsection (1), a controller of the let premises discriminates against a person to whom the premises are let if—
Premises that are to let: discrimination in failing to comply with duty
24G.
—(1) Where—
(4) For the purposes of this section and sections 24H and 24J—
and references to a person considering taking a letting of premises shall be construed accordingly.
(5) This section applies only in relation to premises in the United Kingdom.
Exceptions to section 24G(1)
24H.
—(1) Section 24G(1) does not apply in relation to premises that are to let if the premises are, or have at any time been, the only or principal home of an individual who is a person who has them to let and—
the services of an estate agent (within the meaning given by section 22(6)) for the purposes of letting the premises.
(2) Section 24G(1) does not apply if the premises are of a prescribed description.
(3) Where the conditions mentioned in section 23(2) are satisfied, section 24G(1) does not apply.
(4) For the purposes of section 23 "the relevant occupier" means, in a case falling within section 24G(1), a controller of the premises that are to let, or a near relative of his; and "near relative" has here the same meaning as in section 23.
Duties for purposes of section 24G(2)
24J.
—(1) Subsection (2) applies where—
(4) It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change the practice, policy or procedure so as to stop it having that effect (but see subsection (5)).
(5) For the purposes of this section, it is never reasonable for a controller of premises that are to let to have to take steps consisting of or including the removal or alteration of a physical feature.
(6) In this section "relevant disabled person", in relation to premises that are to let, means a particular disabled person who is considering taking a letting of the premises.
(7) This section imposes duties only for the purpose of determining whether a person has, for the purposes of section 24G, discriminated against another; and accordingly a breach of any such duty is not actionable as such.
Let premises and premises to let: justification
24K.
—(1) For the purposes of sections 24A(2) and 24G(2), a person's failure to comply with a duty is justified only if—
Sections 24 to 24K: power to make supplementary provision
24L.
—(1) Regulations may make provision, for purposes of sections 24(3A) and (3B) and 24A to 24K—
(2) The powers under subsections (1)(j) and (k) are subject to sections 24E(1) and 24J(5).".
Power to modify or end small dwellings exemption
15.
—(1) The Office may by order amend or repeal provisions of sections 23, 24B and 24H of the 1995 Act—
(2) The power under subsection (1) includes power to make consequential repeals of enactments (including future enactments) that amend section 23, 24B or 24H of the 1995 Act.
(3) No order under this section shall be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.
Improvements to let dwelling houses
16.
—(1) In the 1995 Act, after Part VA (which is inserted by Article 5) insert—
(2) If the consent of the landlord is unreasonably withheld it must be taken to have been given.
(3) Where the tenant applies in writing for the consent—
(4) If the landlord gives consent to the making of an improvement subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.
(5) In any question as to whether—
it is for the landlord to show that it was not.
(6) If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of his tenancy.
(7) An improvement to premises is a relevant improvement if, having regard to the disability which the disabled person mentioned in subsection (1)(b) has, it is likely to facilitate his enjoyment of the premises.
(8) Subsections (2) to (6) apply to a lease only to the extent that provision of a like nature is not made by the lease.
(9) In this section—
Conciliation of disputes
49D.
—(1) The Equality Commission for Northern Ireland may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to a dispute of any description concerning the question whether it is unreasonable for a landlord to withhold consent to the making of a relevant improvement to a dwelling house.
(2) Subsections (2) to (8) of section 28 apply for the purposes of this section as they apply for the purposes of that section and for that purpose a reference in that section to—
(3) "Relevant improvement" has the same meaning as in section 49C.".
(2) In section 54A of the 1995 Act (codes of practice), after subsection (1C) insert—
Generalisation of section 56 of the 1995 Act in relation to Part III claims
17.
For section 56 of the 1995 Act substitute—
is referred to as "the person aggrieved"; and
(b) a person against whom the person aggrieved may decide to institute, or has instituted, proceedings in respect of such discrimination or harassment is referred to as "the respondent".
(2) With a view to helping the person aggrieved decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the Office shall by order prescribe—
(3) Where the person aggrieved questions the respondent in accordance with forms prescribed by an order under subsection (2)—
it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent committed an unlawful act.
(4) The Office may by order—
(5) County court rules may enable a court entertaining a claim under section 25 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not.
(6) In proceedings in respect of a section 21B claim, subsection (3)(b) does not apply in relation to a failure to reply, or a particular reply, if the following conditions are met—
(7) The Office may by regulations provide for this section not to have effect, or to have effect with prescribed modifications, in relation to section 21B claims of a prescribed description.
(8) This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court or industrial tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.
(9) In this section "section 21B claim" means a claim under section 25 by virtue of section 21B.".
Meaning of "disability"
18.
—(1) Schedule 1 to the 1995 Act (which supplements the definition of "disability" in section 1 of that Act) shall have effect with the following amendments.
(2) Paragraph 1(1) (mental illness must be clinically well-recognised if it is to be basis of "mental impairment") is omitted.
(3) Before paragraph 7 (persons deemed to be disabled) insert—
(4) In paragraph 7, after sub-paragraph (5) insert—
(3) In subsection (1) (power to issue guidance about particular matters) for the words from the beginning to "may" substitute "Without prejudice to the generality of subsection (A1), the Office may, in particular,".
(4) In subsection (2) (elaboration of the power under subsection (1)), for "The guidance" substitute "Without prejudice to the generality of subsection (A1), guidance about the matters mentioned in subsection (1)".
(5) In subsection (3) (duty of court or tribunal to take guidance into account), for the words from "an impairment" to "activities" substitute "a person is a disabled person".
4.
In the heading to Part II , after "THE EMPLOYMENT FIELD" insert "AND DISTRICT COUNCILS".
5.
In section 4C(2) (provisions whose application to an office or post prevents sections 4D and 4E applying), for "and section 14C" substitute ", section 14C and section 15B(3)(b)".
6.
For section 14C(3) (provisions about practical work experience do not apply where certain other provisions operate) substitute—
7.
In section 16A(2) (meaning of relevant relationship in section 16A)—
8.
—(1) Section 16B (discriminatory advertisements) is amended as follows.
(2) After subsection (2B) (which is inserted by Article 11) insert—
(3) In subsection (3)(i) (which refers to employment services within the meaning of Part III), omit the words "(within the meaning of Part III)".
9.
—(1) Section 17B (enforcement of section 16B and 16C) is amended as follows.
(2) In subsections (1), (3) and (4)(a), and in the section's heading, for "16B" substitute "16B(1)".
(3) In subsection (4)(c) for "that section" substitute "section 16B(1) or (as the case may be) section 16C".
10.
In section 18D(2) (interpretation of Part II)—
11.
In Part II (the employment field and district councils), after section 18D insert—
12.
—(1) Section 19 (discrimination in relation to goods, facilities and services) is amended as follows.
(2) In subsection (2) (interpretation of sections 19 to 21), for "and 21" substitute "to 21ZA".
(3) For subsection (5) (services to which sections 19 to 21 do not apply) substitute—
(4) For subsection (6) (relationship between Part III of the 1995 Act and the 2005 Order) substitute—
13.
—(1) Section 21A (employment services) is amended as follows.
(2) In subsection (1) (meaning of "employment services" in Part III), for "this Part" substitute "this Act".
(3) In subsection (4) (application of section 19 in relation to employment services), for paragraph (c) (application of section 19(2)) substitute—
14.
In section 22 (discrimination in relation to premises), after subsection (3) insert—
15.
In section 23(6) (meaning of "relevant occupier"), after paragraph (a) insert—
16.
—(1) Section 24 (meaning of "discrimination" in section 22) is amended as follows.
(2) In subsection (3) (justifications), after paragraph (d) insert—
(f) in a case to which subsection (3B) applies, the disabled person is subjected to the detriment in order to recover costs which—
(3) After that subsection insert—
(3B) This subsection applies to a case if—
(3C) Section 24G(3) and (4) apply for the purposes of subsection (3A) as for those of section 24G; and section 24A(3) and (4) apply for the purposes of subsection (3B) as for those of section 24A.".
(4) After subsection (4) insert—
17.
After section 24L (which is inserted by section 14) insert—
(d) to anything which is unlawful under section 21F or which would be unlawful under that section but for the operation of any provision in or made under this Act.
(2) Subsection (1)(a) has effect subject to any prescribed exceptions.
(3) In subsection (1)(a) "provider of services", and providing services, have the same meaning as in section 19.
(4) For the purposes of subsection (1)(b)—
(5) In subsection (1)(c) "student" includes pupil."
18.
In section 25 (enforcement etc. of Part III), for subsections (7) and (8) substitute—
(8) A claim—
may be presented as a complaint to an industrial tribunal.".
19.
In section 26 (validity and revision of certain agreements), for subsection (1A) substitute—
20.
In section 27 (alterations to premises occupied under leases), in subsection (1) (circumstances in which section applies)—
21.
In section 46 (rail vehicle accessibility regulations)—
22.
—(1) Section 54A (codes of practice) is amended as follows.
(2) In subsection (1) (persons to whom codes may be issued), after paragraph (b) insert—
(3) After subsection[a] (1B) insert—
(4) In subsection[b] (8) (account to be taken of code of practice in proceedings under Part II or III) for "or Part III" substitute ", III or VA , or any proceedings relating to a relevant improvement, ".
(5) In subsection[c] (9) after the definition of "the Office" insert—
23.
—(1) Section 55 (victimisation) is amended as follows.
(2) In subsection (1) (victimisation is discrimination for the purposes of Parts II and III of the 1995 Act) after "Part III" insert "(other than sections 24A to 24L)".
(3) In subsection (2)(a)(iii) (discrimination on account of something done under the Act), after "done anything under" insert ", or by reference to,".
(4) In subsection (5) (provisions of Part II under which discrimination includes victimisation of a non-disabled person) after "14C" insert ", 15B".
(5) Subsection (6) is omitted.
24.
—(1) Section 64 (application to Crown etc) is amended as follows.
(2) Before subsection (1) insert—
and sections 57 and 58 shall apply for purposes of provisions mentioned in paragraph (a) as if service as a Crown servant were employment by the Crown.".
(3) In subsection (1) (Act applies to certain acts done on behalf of the Crown as to acts done by private persons), after "This Act" insert ", other than the provisions mentioned in paragraphs (a) and (b) of subsection (A1),".
(4) In subsection (2A) (subsections (1) and (2) have effect subject to section 64A), for "(1) and" substitute "(A1) to".
25.
—(1) Section 67 (regulations and orders) is amended as follows.
(2) After subsection (3) insert—
(3) For subsection (4) (instruments containing orders under section 50(3), which has been repealed, to be subject to affirmative procedure) substitute—
(4A) No regulations to which this subsection applies shall be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
(4B) An order under section 47(1), if made without a draft having been laid before and approved by a resolution of, the Assembly shall be subject to annulment in pursuance of a resolution of the Assembly; but the exercise of the discretion conferred by this subsection is subject to section 67A.".
26.
—(1) Section 68(1) (interpretation) is amended as follows.
(2) In subsection (1) at the appropriate places insert—
(1B) In this Act "public investigator functions" means functions of conducting criminal investigations or charging offenders.
(1C) In subsections (1A) and (1B)—
27.
In Schedule 1 (provisions supplementing section 1), in paragraph 8 (progressive conditions), in sub-paragraph (1)(a), for "infection by the human immunodeficiency virus" substitute "HIV infection".
28.
—(1) Schedule 2 (modifications with which provisions mentioned in section 2(1) apply to persons who have had a disability) is amended as follows.
(2) In paragraph 2 (references in Parts II and II to a disabled person) for "and III" substitute ", III and VA".
(3) In paragraph 3 (past disabilities: modification of references to "not disabled") after "14D(1)" insert ", 15C(1)".
(4) In paragraph 4 (past disabilities: modification of references to "has a disability") after "14D(3)(b)" insert ", 15C(3)(a)".
(5) After paragraph 4 insert—
29.
—(1) Schedule 3 (enforcement and procedure) is amended as follows.
(2) In paragraph 2 (restriction on proceedings for breach of Part II of the Act), after sub-paragraph (2) insert—
(3) In Part II (claims under section 25 to enforce Part III of the Act), after paragraph 6 insert—
(2) The court shall grant the stay unless it is satisfied that the continuance of the proceedings under section 25 would not result in the prejudice alleged.
(2) In proceedings under section 25, the remedy shall be obtainable in respect of a relevant discriminatory act only if the court is satisfied that—
would be prejudiced by the remedy.
(3) In sub-paragraph (2) "relevant discriminatory act" means an act—
(b) which is unlawful by virtue of section 21B(1)."
30.
—(1) Schedule 3A (validity of contracts, etc.) is amended as follows.
(2) In paragraph 2(3) (meaning of "relevant independent adviser"), after paragraph (c) insert
(3) For paragraph 11 (application of Schedule to Part III of the Act so far as relating to employment services) substitute—
12.
Where a term to which section 26(1A)(c) applies is a term in an agreement which is not a contract, Part I of this Schedule shall have effect as if the agreement were a contract.".
31.
—(1) Schedule 4 (premises occupied under leases) is amended as follows.
(2) In paragraph 2 (joining lessors in tribunal proceedings)—
(3) In the heading to Part II (occupation by provider of services) for "provider of services" substitute "persons subject to a duty under section 21, section 21E or 21H".
(4) In paragraph 5 (failure to obtain consent to alteration), after "section 21 duty" insert "or the duty imposed under section 21E or 21H".
(5) In paragraph 7(1) (joining lessors in proceedings under section 25), for "under section 25, in a case to which this Part of this Schedule applies," substitute "under section 25 in a case to which section 27 applies, other than a claim presented as a complaint under section 25(8),".
(6) After paragraph 7 insert—
(b) if so, whether the refusal or any of the conditions was unreasonable.
(6) If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—
(7) An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.
(8) Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 17A(2).
(9) If the tribunal orders the lessor to pay compensation it may not make an order under section 17A(2) ordering the occupier to do so.".
32.
In Schedule 8, omit paragraph 2(1).
Short Title | Extent of repeal |
The Disability Discrimination Act 1995 (c. 50) |
In sections 16A(2)(b) and 16B(3)(i), the words "(within the meaning of Part III)". Section 18. In section 46—
(b) in subsection (6), the definition of "operator"; and (c) subsections (8) to (10).
In section 48(1), the words "or 46". |
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