|
|
|
|
|
|
|
Navigation
News
|
 |
Statutory Instrument 2006 No. 312 (N.I. 1 )The Disability Discrimination (Northern Ireland) Order 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 312 (N.I. 1 )NORTHERN IRELANDThe Disability Discrimination (Northern Ireland) Order 2006
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament: Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:– Citation and commencement 1.—(1) This Order may be cited as the Disability Discrimination (Northern Ireland) Order 2006. (2) This Order (except this Article and Article 2) shall come into operation on such day or days as the Office may by order appoint. (3) An order under paragraph (2) may contain such transitional or saving provisions as the Office thinks necessary or expedient. Interpretation 2.—(1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly. (2) In this Order—
District councils 3.In the 1995 Act, after section 14D insert— Interpretation of sections 15B and 15C 15A.—(1) In sections 15B and 15C "council" means a district council. (2) In relation to a member of a council, a reference in those sections to his carrying-out of official business is to his doing of anything—
(b) as member of any body to which he is appointed by, or is appointed following nomination by, the council or a group of bodies that includes the council; or (c) as member of any other body if it is a public body. Councils and their members: discrimination and harassment
(b) by refusing to afford, or deliberately not affording, the disabled person any such opportunities; or (c) by subjecting the disabled person to any other detriment in connection with his carrying-out of official business. (2) It is unlawful for a council to subject a disabled person who is a member of the council to harassment in connection with his carrying-out of official business.
(b) his not being appointed or elected to, or to an office of, a committee or sub-committee of the council; or (c) his not being appointed or nominated in exercise of any power of the council, or of a group of bodies that includes the council, to appoint, or nominate for appointment, to any body. (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).
(b) any physical feature of premises occupied by, or under the control of, a council, places a disabled person who is a member of the council at a substantial disadvantage, in comparison with members of the council who are not disabled persons, in connection with his carrying-out of official business.
(b) is likely to be affected in the way mentioned in subsection (1). (4) Regulations may make provision, for purposes of this section—
(b) as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken not to have the effect mentioned in subsection (1); (c) as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a council to have to take steps of a prescribed description; (d) as to steps which it is always, or as to steps which it is never, reasonable for a council to have to take; (e) as to things which are, or as to things which are not, to be treated as physical features.". Discrimination by public authorities Discrimination by public authorities 21B.—(1) It is unlawful for a public authority to discriminate against a disabled person in carrying out its functions. (2) In this section, and sections 21D and 21E, "public authority"—
(b) does not include any person mentioned in subsection (3). (3) The persons are—
(b) a person exercising functions in connection with proceedings in Parliament; (c) the Assembly; (d) a person exercising functions in connection with proceedings in the Assembly; (e) the Security Service; (f) the Secret Intelligence Service; (g) the Government Communications Headquarters; and (h) a unit, or part of a unit, of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions. (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.
(b) does not, subject to subsections (8) and (9), apply to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act or that Order. (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—
(b) sections 4D and 4E would apply in relation to an appointment to the office or post if any of those conditions was satisfied. (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—
(b) none of the conditions specified in section 4C(3) is satisfied in relation to the office or post; and (c) sections 4D and 4E would apply in relation to an appointment to the office or post if—
(ii) section 4F(1) (but not section 4C(5)) was omitted. (10) Subsections (8) and (9)—
(b) are subject to section 21C(5). Exceptions from section 21B(1)
(b) an act done on the instructions, or on behalf, of a person acting in a judicial capacity. (2) Section 21B(1) does not apply to any act of, or relating to, making, confirming or approving an enactment.
(b) where such a decision is made, an act done for the purpose of enabling the decision to be made; (c) a decision not to continue criminal proceedings; or (d) where such a decision is made—
(ii) an act done for the purpose of securing that the proceedings are not continued. (5) Section 21B(1) does not apply to an act of a prescribed description.
(b) it cannot show that the treatment in question is justified under subsection (3), (5) or (7)(c). (2) For the purposes of section 21B(1), a public authority also discriminates against a disabled person if—
(ii) unreasonably adverse for the disabled person to experience being subjected to any detriment to which a person is or may be subjected, by the carrying-out of a function by the authority; and (3) Treatment, or failure to comply with a duty, is justified under this subsection if —
(b) it is reasonable, in all the circumstances of the case, for it to hold that opinion. (4) The conditions are—
(b) that the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment, or non-compliance with the duty, is reasonable in the particular case; (c) that, in the case of treatment mentioned in subsection (1), treating the disabled person equally favourably would in the particular case involve substantial extra costs and, having regard to resources, the extra costs in that particular case would be too great; (d) that the treatment, or non-compliance with the duty, is necessary for the protection of the rights and freedoms of other persons. (5) Treatment, or a failure to comply with a duty, is justified under this subsection if the acts of the public authority which give rise to the treatment or failure are a proportionate means of achieving a legitimate aim.
(b) amend or omit subsection (5) or make provision for it not to apply in prescribed circumstances; (c) make provision for purposes of this section (in addition to any provision for the time being made by subsections (3) to (5)) as to circumstances in which treatment, or a failure to comply with a duty, is to be taken to be justified. Duty for purposes of section 21D(2) to make adjustments
(b) unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected, by the carrying-out of a function by the authority.
(b) unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected, by the carrying-out of a function by a public authority.
(b) alter it so that it no longer has that effect; (c) provide a reasonable means of avoiding the feature; or (d) adopt a reasonable alternative method of carrying out the function. (5) Regulations may prescribe—
(b) categories of public authorities to whom subsection (4) does not apply. (6) Subsection (7) applies where an auxiliary aid or service would—
(b) reduce the extent to which it is adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected, by the carrying-out of a function by a public authority.
(b) as to steps which it is always, or as to steps which it is never, reasonable for a public authority to have to take; (c) as to what is, or as to what is not, to be included within the meaning of "practice, policy or procedure"; (d) as to things which are, or as to things which are not, to be treated as physical features; (e) as to things which are, or as to things which are not, to be treated as auxiliary aids or services. (9) Nothing in this section requires a public authority to take any steps which, apart from this section, it has no power to take. Duty of public authorities General duty 49A.—(1) Every public authority shall in carrying out its functions have due regard to—
(b) the need to encourage participation by disabled persons in public life. (2) Subsection (1) does not apply to—
(b) any act of a description prescribed by regulations. (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).
(b) offer advice to public authorities and others in connection with that duty. (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.
Plan as to duty under section 49A
(b) shall, if requested to do so by the Commission, revise its plan and submit the revised plan to the Commission. (4) A plan (or revised plan) shall—
(b) specify a timetable for measures proposed in the plan; (c) include details of how it will be published. (5) Subsection (1) applies to any public authority except one which is notified in writing by the Commission that that subsection does not apply to it.
(b) fails to submit a plan under subsection (2) before the end of the period of 6 months beginning with the date of the request under that subsection, (c) fails to submit a revised plan under subsection (3)(b) before the end of the period of 3 months beginning with the date of the request under that paragraph, or (d) submits to the Commission under paragraph (3)(a) or (b) a revised plan which in the opinion of the Commission fails to comply with subsection (4), the Commission shall lay before the Assembly a report of that failure containing such comments and other material as appear to the Commission to be appropriate to bring to the attention of the Assembly.
(ii) in the case of any other authority, at such times as the Commission may request; and (b) inform the Commission of the outcome of the review. (8) In this section—
Police Application of sections 19 to 21 of the 1995 Act to transport vehicles 7.After section 21 of the 1995 Act insert—
21ZA.—(1) Section 19(1)(a), (c) and (d) do not apply in relation to a case where the service is a transport service and, as provider of that service, the provider of services discriminates against a disabled person—
(b) in not providing, or in providing, him with services when he is travelling in a vehicle provided in the course of the transport service. (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—
(b) to have to take steps which would—
(ii) where a vehicle is provided in the course of the service, affect what happens in the vehicle while someone is travelling in it. (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.
(b) a vehicle constructed or adapted to carry passengers on a system using a mode of guided transport;
Rail vehicles: application of accessibility regulations
(2) In that section for the definition in subsection (6) of "rail vehicle" substitute—
(3) For section 47(1) of the 1995 Act (rail vehicle accessibility regulations: power to exempt use of vehicles of specified descriptions or in specified circumstances) substitute—
(b) authorise a regulated rail vehicle to be used for carriage otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which use of the vehicle is required to conform. (1A) Authority under subsection (1)(a) or (b) may be for—
(b) use in specified circumstances of—
(ii) any regulated rail vehicle that is specified or is of a specified description.". (4) In the 1995 Act, after section 67 insert—
67A.—(1) Before the Department for Regional Development decides which of the Assembly procedures available under section 67(4B) is to be adopted in connection with the making of any particular order under section 47(1), it must consult such persons as it thinks appropriate. (2) An order under section 47(1) may be made without a draft of the order having been laid before, and approved by a resolution of, the Assembly only if—
(b) the making of the order without such laying and approval is in accordance with the regulations (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.
(b) the exercise in that year of the discretion under section 67(4B). (2) A report under subsection (1) must (in particular) contain—
(b) details of consultation carried out under sections 47(3) and 67A(1) in connection with orders made in that year under section 47(1). (3) The Department for Regional Development must lay before the Assembly each report that it prepares under this section.". Rail vehicles: accessibility compliance certificates
47A.—(1) A regulated rail vehicle to which this subsection applies shall not be used for carriage unless a rail vehicle accessibility compliance certificate is in force for the vehicle. (2) Subsection (1) applies to a regulated rail vehicle if the vehicle—
(b) is of a prescribed class or description. (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.
(b) before the end of the prescribed period, the applicant asks the Department for Regional Development to review the decision and pays any fee fixed under section 47C. (6) The Department for Regional Development shall—
(b) in doing so, consider any representations made to it in writing, before the end of the prescribed period, by the applicant. Rail vehicle accessibility compliance certificates: supplementary
(b) provision specifying conditions to which certificates are subject; (c) provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force; (d) provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject; (e) provision for the withdrawal of certificates issued in error; (f) provision for the correction of errors in certificates; (g) provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed; (h) provision for the examination of a rail vehicle before a certificate is issued in respect of it. (3) In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)—
(b) make provision as to the form in which applications are to be made; (c) make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment. (4) For the purposes of this section, a "compliance assessment" is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform.
(ii) provision as to who may be appointed; (iii) provision as to the form of applications for appointment; (iv) provision as to information to be supplied with applications for appointment; (v) provision as to terms and conditions, or the period or termination, of an appointment; and (vi) provision for terms and conditions of an appointment, including any as to its period or termination, to be as agreed by the Department for Regional Development when making the appointment; (b) may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its carrying-out of a compliance assessment, including (in particular)—
(ii) provision authorising fees that contain a profit element; and (iii) provision for advance payment of fees; (c) may make provision requiring an appointed assessor to carry out a compliance assessment, and to do so in accordance with any procedures that may be prescribed, if prescribed conditions, which may include conditions as to the payment of fees to the assessor, are satisfied;
(ii) the person who requested the assessment, relating to which provisions of rail vehicle accessibility regulations the vehicle is to be assessed against or to what amounts to conformity with any of those provisions. (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).
(b) copies of such certificates; (c) reviews under section 47A; (d) referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1). (2) Any such fees received by the Department for Regional Development shall be paid by it into the Consolidated Fund. (2) In section 49 of the 1995 Act (forgery and false statements)—
(e) a rail vehicle accessibility compliance certificate.", and (b) in subsection (4) (false statements), for "or an approval certificate" substitute ", an approval certificate or a rail vehicle accessibility compliance certificate". (3) In section 68(1) of the 1995 Act (interpretation), before the definition of "rail vehicle accessibility regulations" insert—
Rail vehicles: enforcement and penalties
47D.If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Department for Regional Development may require the operator of the vehicle to pay a penalty. Penalty for using rail vehicle that does not conform with accessibility regulations 47E.—(1) Where it appears to the Department for Regional Development that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, that Department may give to the operator of the vehicle a notice—
(b) specifying the improvement deadline. (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.
(b) the improvement deadline specified in the notice has passed; and (c) it appears to the Department for Regional Development that the vehicle still does not conform with the provision identified in the notice. (4) The Department for Regional Development may give to the operator a further notice—
(b) specifying the final deadline. (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.
(b) the vehicle is used for carriage at a time after the final deadline when the vehicle does not conform with the provision identified in the notice, the Department for Regional Development may require the operator to pay a penalty.
(b) identifying which of the regulated rail vehicles operated by the operator is or are covered by the notice; and (c) specifying the improvement deadline. (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.
(b) the improvement deadline specified in the notice has passed; and (c) it appears to that Department that a vehicle covered by the notice has after that deadline been used for carriage otherwise than in conformity with the provision identified in the notice. (4) The Department for Regional Development may give to the operator a further notice—
(b) identifying which of the regulated rail vehicles covered by the notice under subsection (1) is or are covered by the further notice; and (c) specifying the final deadline. (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.
(b) a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice, that Department may require the operator of the vehicle to pay a penalty.
(b) for the purpose of exercising his power under paragraph (a)—
(ii) may enter the vehicle; and (c) for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person's control as are necessary to enable the power to be exercised. (2) Where the Department for Regional Development has given a notice under section 47E(1) or (4), a person authorised by that Department—
(b) for the purpose of exercising his power under paragraph (a)—
(ii) may enter the vehicle; and (c) for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person's control as are necessary to enable the power to be exercised. (3) A person exercising power under subsection (1) or (2) shall, if required to do so, produce evidence of his authority to exercise the power.
(b) the obstruction occurs before a notice under section 47E(4) is given in respect of the vehicle concerned, the Department for Regional Development may treat section 47E(3)(c) as satisfied in the case concerned.
(b) as a result of the operator, or a person who acts on his behalf, behaving in a particular way with the intention of obstructing the exercise of the power, the Department for Regional Development may require the operator of the vehicle to pay a penalty.
(b) which is described in the notice. (2) The time specified in a notice given to a person under subsection (1) may not be earlier than the end of 14 days beginning with the day when the notice is given to the person.
(b) if the request relates to a notice under section 47E(4) or 47F(4), be no earlier than the final deadline. (6) Where a request under subsection (4)—
(b) is not complied with by the time specified in the request, 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.
(b) must not exceed 10 per cent of the turnover of the person on whom it is imposed. (3) For the purposes of subsection (2)(b), a person's turnover shall be determined in accordance with regulations.
(b) its amount. (7) Any sum paid to the Department for Regional Development as a penalty shall be paid by it into the Consolidated Fund.
(b) when considering under section 47K(6) a notice of objection under section 47K(4). Penalties under sections 47D to 47H: procedure
(b) state the amount of the penalty; (c) specify the date before which, and the manner in which, the penalty must be paid; and (d) include an explanation of the steps that the person may take if he objects to the penalty. (4) Where a person to whom a notification under subsection (2) is issued objects on the ground that—
(b) the amount of the penalty is too high, the person may give a notice of objection to the Department for Regional Development.
(b) give the objector's reasons; and (c) be given before the end of the prescribed period. (6) Where the Department for Regional Development receives a notice of objection to a penalty in accordance with this section, that Department shall consider it and—
(b) reduce the penalty; or (c) determine to do neither of those things. (7) Where the Department for Regional Development considers under subsection (6) a notice of objection under subsection (4), it shall—
(b) if it reduces the penalty, notify the objector of the reduced amount. Penalties under sections 47D to 47H: appeals
(b) the amount of the penalty is too high. (2) On an appeal under this section, the county court may—
(b) allow the appeal and reduce the penalty; or (c) dismiss the appeal. (3) An appeal under this section shall be a re-hearing of the decision of the Department for Regional Development to impose a penalty, and shall be determined having regard to—
(b) any other matters which the county court thinks relevant (which may include matters of which the Department for Regional Development was unaware). (4) An appeal may be brought by a person under this section against a penalty whether or not—
(b) the penalty has been reduced under section 47K(6). Sections 46 to 47H: interpretation (2) In section 49 of the 1995 Act (Part V—public transport: offences), after subsection (4) insert—
Discriminatory advertisements 11.—(1) In section 16B of the 1995 Act (discriminatory advertisements), for subsection (1) substitute—
(b) indicates, or might reasonably be understood to indicate, that an application will or may be determined to any extent by reference to—
(ii) the applicant not having had any disability, or any particular disability, or (iii) any reluctance of the person determining the application to comply with a duty to make reasonable adjustments or (in relation to employment services) with the duty imposed by section 21(1) as modified by section 21A(6).". (2) After subsection (2) of that section insert—
(b) that it was reasonable for him to rely on the statement. (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".
(b) is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision under such an arrangement of such facilities.". (3) In section 68(1) of that Act (interpretation), at the appropriate place insert—
Private clubs, etc. Discrimination by private clubs, etc. 21F.—(1) This section applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if —
(b) admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of section 19(2); and (c) it is not an organisation to which section 13 applies. (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—
(b) by refusing or deliberately omitting to accept his application for membership. (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—
(b) by refusing or deliberately omitting to afford him access to a benefit, facility or service; (c) in the case of a member—
(ii) by varying the terms on which he is a member; (d) in the case of an associate—
(ii) by varying those rights; or (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—
(b) by refusing or deliberately omitting to afford him access to a benefit, facility or service, or (c) by subjecting him to any other detriment, in his capacity as a guest of the association.
(b) by refusing or deliberately omitting to invite him to be a guest of the association; or (c) by not permitting a member or associate to invite him to be a guest of the association. (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.
(b) it cannot show that the treatment in question is justified. (2) For the purposes of subsection (1), treatment is justified only if—
(b) it is reasonable, in all the circumstances, for it to hold that opinion. (3) The conditions are that—
(b) the disabled person is incapable of entering into an enforceable agreement, or giving an informed consent, and for that reason the treatment is reasonable in that case; (c) in a case falling within section 21F(2)(a), (3)(a), (c)(ii), (d)(ii) or (e),(4)(a) or (c) or (5)(a), the treatment is necessary in order for the association to be able to afford members, associates or guests of the association, or the disabled person, access to a benefit, facility or service; (d) in a case falling within section 21F(2)(b), (3)(b), (c)(i) or (d)(i), (4)(b) or (5)(b) or (c), the treatment is necessary because the association would otherwise be unable to afford members, associates or guests of the association access to a benefit, facility or service; (e) in a case falling within section 21F(2)(a), the difference between—
(ii) those on which it is offered to other persons, reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;
(ii) its treatment of other members, or (as the case may be) other associates or other guests, of the association, reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service;
(ii) those on which other persons are invited, or permitted to be invited, to be guests of the association, reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service. (4) Any increase in the cost of affording a disabled person access to a benefit, facility or service which results from compliance with a duty under section 21H shall be disregarded for the purposes of subsection (3)(e), (f) and (g).
(b) amend or omit a condition specified in subsection (3) or make provision for it not to apply in prescribed circumstances; (c) make provision as to circumstances (other than any for the time being mentioned in subsection (3)) in which treatment is to be taken to be justified for the purposes of subsection (1). (6) For the purposes of section 21F, an association also discriminates against a disabled person if—
(b) it cannot show that its failure to comply with that duty is justified. (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).
(ii) are, or are likely to become, guests of the association; (b) a duty to take steps for the purpose of making an auxiliary aid or service available to any such disabled persons. (2) Regulations under subsection (1) may (in particular)—
(b) make provision as to the steps which a duty requires to be taken; (c) make provision as to the purpose for which a duty requires steps to be taken. (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.
(b) a person is an associate of an association to which section 21F applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases). (2) References in sections 21F to 21H to a guest of an association include a person who is a guest of the association by virtue of an invitation issued by a member or associate of the association and permitted by the association. Discrimination in relation to letting of premises
24A.—(1) It is unlawful for a controller of let premises to discriminate against a disabled person—
(b) who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises. (2) For the purposes of subsection (1), a controller of let premises discriminates against a disabled person if—
(b) he cannot show that failure to comply with the duty is justified (see section 24K). (3) For the purposes of this section and sections 24B to 24F, a person is a controller of let premises if he is—
(b) a person who manages the premises. (4) For the purposes of this section and sections 24B to 24F—
(b) premises shall be treated as let by a person to another where a person has granted another a contractual licence to occupy them. (5) This section applies only in relation to premises in the United Kingdom.
(b) since entering into the letting—
(ii) where he is not the sole person by whom the premises are let, no other person by whom they are let has, used for the purpose of managing the premises the services of a person who, by profession or trade, manages let premises. (2) Section 24A(1) does not apply if the premises are of a prescribed description.
(b) it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service; and (c) either the first condition, or the second condition, is satisfied. (2) 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 provide the auxiliary aid or service (but see section 24E(1)).
(ii) would be of little or no practical use to the relevant disabled person concerned if he were neither a person to whom the premises are let nor an occupier of them; and (b) it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person concerned to enjoy the premises. (4) The second condition is that—
(ii) would be of little or no practical use to the relevant disabled person concerned if he were neither a person to whom the premises are let nor an occupier of them; and (b) it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person concerned to make use of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use. Duty for purposes of section 24A(2) to change practices, terms, etc.
(ii) to make use of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use, or (b) a term of the letting has that effect, and (in either case) the conditions specified in subsection (2) are satisfied.
(b) that the controller receives a request made by or on behalf of a person to whom the premises are let; and (c) that it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy, procedure or term so as to stop it having that effect. (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)).
(b) who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises. (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.
(b) he does so because of costs incurred in connection with taking steps to avoid liability under section 24A(1) for failure to comply with the duty. (3) In comparing T's circumstances with those of any other person for the purposes of subsection (2)(a), the following (as well as the costs' having been incurred) shall be disregarded—
(b) the disability of each person who—
(ii) is a person to whom the premises are let or, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises. Premises that are to let: discrimination in failing to comply with duty
(b) a disabled person is considering taking a letting of the premises, it is unlawful for a controller of the premises to discriminate against the disabled person.
(b) he cannot show that failure to comply with the duty is justified (see section 24K). (3) For the purposes of this section and sections 24H and 24J, a person is a controller of premises that are to let if he is—
(b) a person who manages the premises. (4) For the purposes of this section and sections 24H and 24J—
(b) premises shall be treated as to let by a person to another where a person proposes to grant another a contractual licence to occupy them; and references to a person considering taking a letting of premises shall be construed accordingly.
(b) where he is not the sole person who has the premises to let, no other person who has the premises to let uses, the services of an estate agent (within the meaning given by section 22(6)) for the purposes of letting the premises.
(b) it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service; (c) the auxiliary aid or service—
(ii) would be of little or no practical use to him if he were not considering taking a letting of the premises; and (d) it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person to become a person to whom the premises are let. (2) It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for the controller to have to take in order to provide the auxiliary aid or service (but see subsection (5)).
(b) the practice, policy or procedure would not have that effect if the relevant disabled person did not have a disability; (c) the controller receives a request made by or on behalf of the relevant disabled person; and (d) it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy or procedure so as to stop it having that effect. (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)).
(b) it is reasonable, in all the circumstances of the case, for him to hold that opinion. (2) The conditions are—
(b) that the disabled person concerned is incapable of entering into an enforceable agreement, or of giving informed consent, and for that reason the failure is reasonable. (3) Regulations may—
(b) amend or omit a condition specified in subsection (2) or make provision for it not to apply in prescribed circumstances; (c) make provision, for purposes of this section, as to circumstances (other than any for the time being mentioned in subsection (2)) in which a failure is to be taken to be justified. Sections 24 to 24K: power to make supplementary provision
(b) as to circumstances in which premises are to be treated as not let to a person; (c) as to circumstances in which premises are to be treated as being, or as not being, to let; (d) as to who is to be treated as being, or as to who is to be treated as not being, a person who, although not a person to whom let premises are let, is lawfully under the letting an occupier of the premises; (e) as to who is to be treated as being, or as to who is to be treated as not being, a person by whom premises are let; (f) as to who is to be treated as having, or as to who is to be treated as not having, premises to let; (g) as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises; (h) as to things which are, or as to things which are not, to be treated as auxiliary aids or services; (i) as to what is, or as to what is not, to be included within the meaning of "practice, policy or procedure"; (j) as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a person to have to take steps of a prescribed description; (k) as to steps which it is always, or as to steps which it is never, reasonable for a person to have to take; (l) as to circumstances in which it is, or as to circumstances in which it is not, reasonable to regard a request as being of a particular kind; (m) as to things which are, or as to things which are not, to be treated as physical features; (n) as to things which are, or as to things which are not, to be treated as alterations of physical features. (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
(b) for the purpose of making any of the conditions for entitlement to those exemptions more onerous; (c) for the purpose of making the conditions for entitlement to those exemptions more onerous overall; (d) for the purpose of otherwise restricting the cases in which any of those exemptions is available; or (e) for the purpose of removing those exemptions. (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. Improvements to let dwelling houses 49C.—(1) This section applies in relation to a lease of a dwelling house if—
(b) the tenant or any other person who lawfully occupies or is intended lawfully to occupy the premises is a disabled person; (c) the person mentioned in paragraph (b) occupies or is intended to occupy the premises as his only or principal home; (d) the tenant is entitled under the lease to make improvements to the premises with the consent of the landlord; and (e) the tenant applies to the landlord for his consent to make a relevant improvement. (2) If the consent of the landlord is unreasonably withheld it must be taken to have been given.
(b) if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been withheld. (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.
(b) a condition imposed by the landlord is unreasonable, it is for the landlord to show that it was not.
(b) any addition or alteration connected with the provision of services to the premises, (c) the erection of a wireless or television aerial, and (d) the carrying out of external decoration;
Conciliation of disputes
(b) arrangements under that section must be construed as a reference to arrangements under this section. (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—
(b) circumstances in which it is unreasonable to withhold such consent; (c) the application of the improvement provisions in relation to relevant improvements to dwelling houses. (1E) In subsection (1D) the improvement provisions are—
(b) Article 34 of the Housing (Northern Ireland) Order 1983 (NI 15); (c) Article 49C.". (3) In Article 9 of the Equality (Disability, etc) (Northern Ireland) Order 2000 (NI 2) (assistance in relation to proceedings)—
(b) after paragraph (4) insert—
Generalisation of section 56 of the 1995 Act in relation to Part III claims
56.—(1) For the purposes of this section—
(ii) subjected to harassment in contravention of Part II or section 21A(2), is referred to as "the person aggrieved"; and (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—
(b) forms by which the respondent may if he so wishes reply to any questions. (3) Where the person aggrieved questions the respondent in accordance with forms prescribed by an order under subsection (2)—
(b) if it appears to the court or tribunal in any such proceedings—
(ii) that the respondent's reply is evasive or equivocal, 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—
(b) prescribe the manner in which a question, and any reply by the respondent, may be duly served. (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.
(b) that the respondent reasonably believes that a reply or (as the case may be) a different reply would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings or any criminal proceedings or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings. (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. Meaning of "disability"
(2) Regulations may provide for sub-paragraph (1) not to apply in the case of a person who has cancer if he has cancer of a prescribed description. (3) A description of cancer prescribed under sub-paragraph (2) may (in particular) be framed by reference to consequences for a person of his having it.". (4) In paragraph 7, after sub-paragraph (5) insert—
(5) At the end insert— 9.In this Schedule, "HIV infection" means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.". Amendments and repeals 19.—(1) Schedule 1 (which contains minor and consequential amendments to the 1995 Act) shall have effect. (2) The statutory provisions listed in Schedule 2 are repealed to the extent set out in column 2 of that Schedule. A.K.Galloway Clerk of the Privy Council 1.The 1995 Act is amended as follows. 2.—(1) Section 2 (past disabilities) is amended as follows. (2) In subsection (1) for "and III" insert ", III and VA". (3) In subsection (4) for "or Part III" substitute ", III or VA". 3.—(1) Section 3 (guidance) is amended as follows. (2) Before subsection (1) 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,".
(b) to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act.". 7.In section 16A(2) (meaning of relevant relationship in section 16A)—
(b) in paragraph (b) (which refers to employment services within the meaning of Part III), omit the words "(within the meaning of Part III)". 8.—(1) Section 16B (discriminatory advertisements) is amended as follows.
(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)".
(b) in the definition of "physical feature", after "in relation to any premises, includes" insert "(subject to any provision under section 15C(4)(e))". 11.In Part II (the employment field and district councils), after section 18D insert—
18E.—(1) This Part does not apply in relation to the provision, otherwise than in the course of a Part II relationship, of premises by the regulated party to the other party. (2) For the purposes of subsection (1)—
(b) in relation to a Part II relationship, "regulated party" means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C." 12.—(1) Section 19 (discrimination in relation to goods, facilities and services) is amended as follows.
(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.
14.In section 22 (discrimination in relation to premises), after subsection (3) insert—
(b) as to who is to be treated as being, or as to who is to be treated as not being, a person occupying premises.". 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.
(ii) are not costs incurred in connection with taking steps to avoid liability under section 24G(1); (f) in a case to which subsection (3B) applies, the disabled person is subjected to the detriment in order to recover costs which—
(ii) are not costs incurred in connection with taking steps to avoid liability under section 24A(1) or 24G(1).". (3) After that subsection insert—
(b) the premises are to let; (c) the person with power to dispose of the premises is a controller of them; and (d) the proposed disposal of the premises would involve the disabled person becoming a person to whom they are let. (3B) This subsection applies to a case if—
(b) the detriment is not eviction; (c) the premises are let premises; (d) the person managing the premises is a controller of them; and (e) the disabled person is a person to whom the premises are let or, although not a person to whom they are let, is lawfully under the letting an occupier of them. (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—
24M.—(1) Sections 22 to 24L do not apply—
(b) in relation to the provision, in the course of a Part II relationship, of premises by the regulated party to the other party; (c) in relation to the provision of premises to a student or prospective student—
(ii) by an authority in discharging any functions mentioned in Article 19(1) of the 2005 Order; or (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.
(b) in relation to a Part II relationship, "regulated party" means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C. (5) In subsection (1)(c) "student" includes pupil." 18.In section 25 (enforcement etc. of Part III), for subsections (7) and (8) substitute—
(b) is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision of employment services. (8) A claim—
(b) by a person that another—
(ii) is by virtue of section 57 or 58 to be treated as having subjected him to harassment in such a way, may be presented as a complaint to an industrial tribunal.". 19.In section 26 (validity and revision of certain agreements), for subsection (1A) substitute—
(b) any term in a contract which is a group insurance arrangement; or (c) a term which—
(ii) relates to the provision of employment services or the provision under a group insuran |