Disability Discrimination Act 1995 (c. 50)

(The document as of February, 2008)

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(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.

(8) This section applies only in relation to premises in the United Kingdom.

23 Exemption for small dwellings

(1) Where the conditions mentioned in subsection (2) are satisfied, subsection (1), (3) or (as the case may be) (4) of section 22 does not apply.

(2) The conditions are that--

(a) the relevant occupier resides, and intends to continue to reside, on the premises;

(b) the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household;

(d) the premises are small premises.

(3) For the purposes of this section, premises are "small premises" if they fall within subsection (4) or (5).

(4) Premises fall within this subsection if--

(a) only the relevant occupier and members of his household reside in the accommodation occupied by him;

(b) the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one other household;

(c) the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and

(d) there are not normally more than two such other households.

(5) Premises fall within this subsection if there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household.

(6) For the purposes of this section "the relevant occupier" means--

(a) in a case falling within section 22(1), the person with power to dispose of the premises, or a near relative of his;

(b) in a case falling within section 22(4), the person whose licence or consent is required for the disposal of the premises, or a near relative of his.

(7) For the purposes of this section--

"near relative" means a person's spouse, partner, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or by affinity); and
"partner" means the other member of a couple consisting of a man and a woman who are not married to each other but are living together as husband and wife.

24 Meaning of "discrimination"

(1) For the purposes of section 22, a person ("A") discriminates against a disabled person if--

(a) for a reason which relates to the disabled person's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and

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

(2) For the purposes of this section, treatment is justified only if--

(a) in A's opinion, one or more of the conditions mentioned in subsection (3) are satisfied; and

(b) it is reasonable, in all the circumstances of the case, for him to hold that opinion.

(3) The conditions are that--

(a) in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);

(b) in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case;

(c) in a case falling within section 22(3)(a), the treatment is necessary in order for the disabled person or the occupiers of other premises forming part of the building to make use of the benefit or facility;

(d) in a case falling within section 22(3)(b), the treatment is necessary in order for the occupiers of other premises forming part of the building to make use of the benefit or facility.

(4) Regulations may make provision, for purposes of this section, as to circumstances in which--

(a) it is reasonable for a person to hold the opinion mentioned in subsection 2(a);

(b) it is not reasonable for a person to hold that opinion.

(5) Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (3)) in which treatment is to be taken to be justified.

Enforcement, etc.

25 Enforcement, remedies and procedure

(1) A claim 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 made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.

(2) For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not they include compensation under any other head.

(3) Proceedings in England and Wales shall be brought only in a county court.

(4) Proceedings in Scotland shall be brought only in a sheriff court.

(5) The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.

(6) Part II of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

26 Validity and revision of certain agreements

(1) Any term in a contract for the provision of goods, facilities or services or in any other agreement is void so far as it purports to--

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

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

(2) Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim to which section 25 applies.

(3) On the application of any person interested in an agreement to which subsection (1) applies, a county court or a sheriff court may make such order as it thinks just for modifying the agreement to take account of the effect of subsection (1).

(4) No such order shall be made unless all persons affected have been--

(a) given notice of the application; and

(b) afforded an opportunity to make representations to the court.

(5) Subsection (4) applies subject to any rules of court providing for that notice to be dispensed with.

(6) An order under subsection (3) may include provision as respects any period before the making of the order.

27 Alterations to premises occupied under leases

(1) This section applies where--

(a) a provider of services ("the occupier") occupies premises under a lease;

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

(2) Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided--

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

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

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

(3) In this section--

"lease" includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and
"sub-lease" and "sub-tenancy" have such meaning as may be prescribed.

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

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

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

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

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

28 Advice and assistance

(1) The Secretary of State may make arrangements for the provision of advice and assistance to persons with a view to promoting the settlement of disputes arising under this Part otherwise than by recourse to the courts.

(2) Any person appointed by the Secretary of State in connection with arrangements made under subsection (1) shall have such duties as the Secretary of State may direct.

(3) The Secretary of State may pay to any person so appointed such allowances and compensation for loss of earnings as he considers appropriate.

(4) The Secretary of State may make such payments, by way of grants, in respect of expenditure incurred, or to be incurred, by any person exercising functions in accordance with arrangements made by the Secretary of State under this section as he considers appropriate.

(5) The approval of the Treasury is required for any payment under subsection (3) or (4).

Part IV Education

29 Education of disabled persons

(1) In section 161(5) of the [1993 c. 62.] Education Act 1993 (information relating to pupils with special educational needs to be included in annual report), omit the words from "and in this subsection" to the end.

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

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

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

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

(7) In this section--

"annual report" means the report prepared under the articles of government for the school in accordance with section 30 of the [1986 c. 61.] Education (No. 2) Act 1986 or, as the case may be, paragraph 8 of Schedule 6 to this Act; and
"disabled pupils" means pupils who are disabled persons for the purposes of the [1995 c. 50.] Disability Discrimination Act 1995. "

(3) In section 1 of the [1994 c. 30.] Education Act 1994 (establishment of the Teacher Training Agency) add, at the end--

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

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

(1) The Further and Higher Education Act 1992 is amended as set out in subsections (2) to (6).

(2) In section 5 (administration of funds by further education funding councils), in subsection (6)(b), after "may" insert ", subject to subsection (7A) below,".

(3) After section 5(7) insert--

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

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

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

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

"disability statement" means a statement containing information of a prescribed description about the provision of facilities for education made by the institution in respect of disabled persons;
"disabled persons" means persons who are disabled persons for the purposes of the [1995 c. 50.] Disability Discrimination Act 1995; and
"prescribed" means prescribed by regulations. "

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

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

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

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

(7) In subsection (6) above--

"disabled students" means students who are disabled persons for the purposes of the Disability Discrimination Act 1995; and
"financial year" means the period of twelve months ending with 31st March 1997 and each successive period of twelve months. "

(5) In section 62 (establishment of higher education funding councils), after subsection (7) insert--

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

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

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

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

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

"disability statement" means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995; and
"specified" means specified in the conditions subject to which grants, loans or other payments are made by a council under this section. "

(7) The Education Act 1944 is amended as set out in subsections (8) and (9).

(8) In section 41 (functions of local education authorities in respect of further education), after subsection (2) insert--

" (2A) It shall be the duty of every local education authority to publish disability statements at such intervals as may be prescribed.

(2B) For the purposes of subsection (2A) above--

"disability statement" means a statement containing information of a prescribed description about the provision of facilities for further education made by the local education authority in respect of persons who are disabled persons for the purposes of the [1995 c. 50.] Disability Discrimination Act 1995; and
"prescribed" means prescribed by regulations made by the Secretary of State. "

(9) In section 41(7), (8) and (11), for "this section" substitute "subsections (1) and (6) above".

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

(1) The Further and Higher Education (Scotland) Act 1992 is amended as follows.

(2) In section 37 (establishment of Scottish Higher Education Funding Council) after subsection (4) insert--

" (4A) In exercising their functions, the Council shall have regard to the requirements of disabled persons.

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

(3) In section 40 (administration of funds by the Council), after subsection (4) insert--

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

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

"disability statement" means a statement containing information of a specified description about the provision of facilities for education and research made by the institution in respect of persons who are disabled persons for the purpose of the Disability Discrimination Act 1995; and
"specified" means specified in the conditions subject to which grants, loans or other payments are made by the Council under this section. "

Part V Public Transport

Taxis

32 Taxi accessibility regulations

(1) The Secretary of State may make regulations ("taxi accessibility regulations") for the purpose of securing that it is possible--

(a) for disabled persons--

(i) to get into and out of taxis in safety;

(ii) to be carried in taxis in safety and in reasonable comfort; and

(b) for disabled persons in wheelchairs--

(i) to be conveyed in safety into and out of taxis while remaining in their wheelchairs; and

(ii) to be carried in taxis in safety and in reasonable comfort while remaining in their wheelchairs.

(2) Taxi accessibility regulations may, in particular--

(a) require any regulated taxi to conform with provisions of the regulations as to--

(i) the size of any door opening which is for the use of passengers;

(ii) the floor area of the passenger compartment;

(iii) the amount of headroom in the passenger compartment;

(iv) the fitting of restraining devices designed to ensure the stability of a wheelchair while the taxi is moving;

(b) require the driver of any regulated taxi which is plying for hire, or which has been hired, to comply with provisions of the regulations as to the carrying of ramps or other devices designed to facilitate the loading and unloading of wheelchairs;

(c) require the driver of any regulated taxi in which a disabled person who is in a wheelchair is being carried (while remaining in his wheelchair) to comply with provisions of the regulations as to the position in which the wheelchair is to be secured.

(3) The driver of a regulated taxi which is plying for hire, or which has been hired, is guilty of an offence if--

(a) he fails to comply with any requirement imposed on him by the regulations; or

(b) the taxi fails to conform with any provision of the regulations with which it is required to conform.

(4) A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5) In this section--

"passenger compartment" has such meaning as may be prescribed;
"regulated taxi" means any taxi to which the regulations are expressed to apply;
"taxi" means a vehicle licensed under--
(a)
section 37 of the [1847 c. 89.] Town Police Clauses Act 1847, or
(b)
section 6 of the [1869 c. 115.] Metropolitan Public Carriage Act 1869,

but does not include a taxi which is drawn by a horse or other animal.

33 Designated transport facilities

(1) In this section "a franchise agreement" means a contract entered into by the operator of a designated transport facility for the provision by the other party to the contract of hire car services--

(a) for members of the public using any part of the transport facility; and

(b) which involve vehicles entering any part of that facility.

(2) The Secretary of State may by regulations provide for the application of any taxi provision in relation to--

(a) vehicles used for the provision of services under a franchise agreement; or

(b) the drivers of such vehicles.

(3) Any regulations under subsection (2) may apply any taxi provision with such modifications as the Secretary of State considers appropriate.

(4) In this section--

"designated" means designated for the purposes of this section by an order made by the Secretary of State;
"hire car" has such meaning as may be prescribed;
"operator", in relation to a transport facility, means any person who is concerned with the management or operation of the facility;
"taxi provision" means any provision of--
(a)
this Act, or
(b)
regulations made in pursuance of section 20(2A) of the [1982 c. 45.] Civic Government (Scotland) Act 1982,

which applies in relation to taxis or the drivers of taxis; and
"transport facility" means any premises which form part of any port, airport, railway station or bus station.

34 New licences conditional on compliance with taxi accessibility regulations

(1) No licensing authority shall grant a licence for a taxi to ply for hire unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.

(2) Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted.

(3) The Secretary of State may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order.

(4) Separate orders may be made under subsection (3) with respect to different areas or localities.

35 Exemption from taxi accessibility regulations

(1) The Secretary of State may make regulations ("exemption regulations") for the purpose of enabling any relevant licensing authority to apply to him for an order (an "exemption order") exempting the authority from the requirements of section 34.

(2) Exemption regulations may, in particular, make provision requiring a licensing authority proposing to apply for an exemption order--

(a) to carry out such consultations as may be prescribed;

(b) to publish the proposal in the prescribed manner;

(d) to make its application in the prescribed form.

(3) A licensing authority may apply for an exemption order only if it is satisfied--

(a) that, having regard to the circumstances prevailing in its area, it would be inappropriate for the requirements of section 34 to apply; and

(b) that the application of section 34 would result in an unacceptable reduction in the number of taxis in its area.

(4) After considering any application for an exemption order and consulting the Disabled Persons Transport Advisory Committee and such other persons as he considers appropriate, the Secretary of State may--

(a) make an exemption order in the terms of the application;

(b) make an exemption order in such other terms as he considers appropriate; or

(5) The Secretary of State may by regulations ("swivel seat regulations") make provision requiring any exempt taxi plying for hire in an area in respect of which an exemption order is in force to conform with provisions of the regulations as to the fitting and use of swivel seats.

(6) The Secretary of State may by regulations make provision with respect to swivel seat regulations similar to that made by section 34 with respect to taxi accessibility regulations.

(7) In this section--

"exempt taxi" means a taxi in relation to which section 34(1) would apply if the exemption order were not in force;
"relevant licensing authority" means a licensing authority responsible for licensing taxis in any area of England and Wales other than the area to which the [1869 c. 115.] Metropolitan Public Carriage Act 1869 applies; and
"swivel seats" has such meaning as may be prescribed.

36 Carrying of passengers in wheelchairs

(1) This section imposes duties on the driver of a regulated taxi which has been hired--

(a) by or for a disabled person who is in a wheelchair; or

(b) by a person who wishes such a disabled person to accompany him in the taxi.

(2) In this section--

"carry" means carry in the taxi concerned; and
"the passenger" means the disabled person concerned.

(3) The duties are--

(a) to carry the passenger while he remains in his wheelchair;

(b) not to make any additional charge for doing so;

(d) to take such steps as are necessary to ensure that the passenger is carried in safety and in reasonable comfort;

(e) to give such assistance as may be reasonably required--

(i) to enable the passenger to get into or out of the taxi;

(ii) if the passenger wishes to remain in his wheelchair, to enable him to be conveyed into and out of the taxi while in his wheelchair;

(iii) to load the passenger's luggage into or out of the taxi;

(iv) if the passenger does not wish to remain in his wheelchair, to load the wheelchair into or out of the taxi.

(4) Nothing in this section is to be taken to require the driver of any taxi--

(a) except in the case of a taxi of a prescribed description, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey; or

(b) to carry any person in circumstances in which it would otherwise be lawful for him to refuse to carry that person.

(5) A driver of a regulated taxi who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In any proceedings for an offence under this section, it is a defence for the accused to show that, even though at the time of the alleged offence the taxi conformed with those provisions of the taxi accessibility regulations with which it was required to conform, it would not have been possible for the wheelchair in question to be carried in safety in the taxi.

(7) If the licensing authority is satisfied that it is appropriate to exempt a person from the duties imposed by this section--

(a) on medical grounds, or

(b) on the ground that his physical condition makes it impossible or unreasonably difficult for him to comply with the duties imposed on drivers by this section,

it shall issue him with a certificate of exemption.

(8) A certificate of exemption shall be issued for such period as may be specified in the certificate.

(9) The driver of a regulated taxi is exempt from the duties imposed by this section if--

(a) a certificate of exemption issued to him under this section is in force; and

(b) the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner.

37 Carrying of guide dogs and hearing dogs

(1) This section imposes duties on the driver of a taxi which has been hired--

(a) by or for a disabled person who is accompanied by his guide dog or hearing dog, or

(b) by a person who wishes such a disabled person to accompany him in the taxi.

(2) The disabled person is referred to in this section as "the passenger".

(3) The duties are--

(a) to carry the passenger's dog and allow it to remain with the passenger; and

(b) not to make any additional charge for doing so.

(4) A driver of a taxi who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5) If the licensing authority is satisfied that it is appropriate on medical grounds to exempt a person from the duties imposed by this section, it shall issue him with a certificate of exemption.

(6) In determining whether to issue a certificate of exemption, the licensing authority shall, in particular, have regard to the physical characteristics of the taxi which the applicant drives or those of any kind of taxi in relation to which he requires the certificate.

(7) A certificate of exemption shall be issued--

(a) with respect to a specified taxi or a specified kind of taxi; and

(b) for such period as may be specified in the certificate.

(8) The driver of a taxi is exempt from the duties imposed by this section if--

(a) a certificate of exemption issued to him under this section is in force with respect to the taxi; and

(b) the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner.

(9) The Secretary of State may, for the purposes of this section, prescribe any other category of dog trained to assist a disabled person who has a disability of a prescribed kind.

(10) This section applies in relation to any such prescribed category of dog as it applies in relation to guide dogs.

(11) In this section--

"guide dog" means a dog which has been trained to guide a blind person; and
"hearing dog" means a dog which has been trained to assist a deaf person.

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