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1995 c. 50
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Disability
1. (2) In this Act “disabled person” means a person who has a disability.
Meaning of “disability” and “disabled person”.
— (1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.S. 1 wholly in force at 30.5.1996; s. 1 not in force at Royal Assent see. s. 70(3); s. 1 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(a); s. 1 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(a) | |
2. (2) Those provisions are subject to the modifications made by Schedule 2. (3) Any regulations or order made under this Act may include provision with respect to persons who have had a disability. (4) In any proceedings under Part II [F2 , 3 or 4] of this Act, the question whether a person had a disability at a particular time ( “the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act in force when the act complained of was done had been in force at the relevant time. (5) The relevant time may be a time before the passing of this Act.
Past disabilities.
— (1) The provisions of this Part and Parts II [F1 to 4] apply in relation to a person who has had a disability as they apply in relation to a person who has that disability.S. 2(1): words “to 4” substituted for words “and III” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(2)(a) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
S. 2(4): words “, 3 or 4” substituted for words “or Part III” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(2)(b) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
S. 2 wholly in force at 30.5.1996; s. 2 not in force at Royal Assent see. s. 70(3); s. 2 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(b); s. 2 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(b) | |
3. (2) The guidance may, among other things, give examples of— (3) [F3 An adjudicating body] determining, for any purpose of this Act, whether an impairment has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities, shall take into account any guidance which appears to it to be relevant. [F4 (3A) “Adjudicating body” means— (4) In preparing a draft of any guidance, the Secretary of State shall consult such persons as he considers appropriate. (5) Where the Secretary of State proposes to issue any guidance, he shall publish a draft of it, consider any representations that are made to him about the draft and, if he thinks it appropriate, modify his proposals in the light of any of those representations. (6) If the Secretary of State decides to proceed with any proposed guidance, he shall lay a draft of it before each House of Parliament. (7) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed guidance. (8) If no such resolution is made within the 40-day period, the Secretary of State shall issue the guidance in the form of his draft. (9) The guidance shall come into force on such date as the Secretary of State may appoint by order. (10) Subsection (7) does not prevent a new draft of the proposed guidance from being laid before Parliament. (11) The Secretary of State may— (12) In this section—
Guidance.
— (1) The Secretary of State may issue guidance about the matters to be taken into account in determining—(a)
whether an impairment has a substantial adverse effect on a person’s ability to carry out normal day-to-day activities; or
(b)
whether such an impairment has a long-term effect.
(a)
effects which it would be reasonable, in relation to particular activities, to regard for purposes of this Act as substantial adverse effects;
(b)
effects which it would not be reasonable, in relation to particular activities, to regard for such purposes as substantial adverse effects;
(c)
substantial adverse effects which it would be reasonable to regard, for such purposes, as long-term;
(d)
substantial adverse effects which it would not be reasonable to regard, for such purposes, as long-term.
(a)
a court;
(b)
a tribunal; and
(c)
any other person who, or body which, may decide a claim under Part 4.]
(a)
from time to time revise the whole or part of any guidance and re-issue it;
(b)
by order revoke any guidance.
“40-day period”, in relation to the draft of any proposed guidance, means— (a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and (b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House, no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days; and
“guidance” means guidance issued by the Secretary of State under this section and includes guidance which has been revised and re-issued.
S. 3(3): words “An adjudicating body” substituted for words “A tribunal or court” (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(3) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
S. 3(3A) inserted (E.W.S) (1.9.2002) by 2001 c. 10, s. 38(4) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6) | |
S. 3 wholly in force at 30.5.1996; s. 3 not in force at Royal Assent see. s. 70(3); s. 3 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(c); s. 3 in force (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(c) | |
Employment
4. (2) It is unlawful for an employer to discriminate against a disabled person whom he employs— (3) Subsection (2) does not apply to benefits of any description if the employer is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless— (4) In this Part “benefits” includes facilities and services. (5) 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. (6) This section applies only in relation to employment at an establishment in Great Britain.
Discrimination against applicants and employees.
— (1) It is unlawful for an employer to discriminate against a disabled person—(a)
in the arrangements which he makes for the purpose of determining to whom he should offer employment;
(b)
in the terms on which he offers that person employment; or
(c)
by refusing to offer, or deliberately not offering, him employment.
(a)
in the terms of employment which he affords him;
(b)
in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit;
(c)
by refusing to afford him, or deliberately not affording him, any such opportunity; or
(d)
by dismissing him, or subjecting him to any other detriment.
(a)
that provision differs in a material respect from the provision of the benefits by the employer to his employees; or
(b)
the provision of the benefits to the employee in question is regulated by his contract of employment; or
(c)
the benefits relate to training.
S. 4 modified (E.W.) (2.3.1998 subject to art. 1(2) of the amending S.I.) by S.I. 1998/218, arts. 1(2), 3(1), Sch. (with art. 3(2)(b)) S. 4 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. | |
In its application to Northern Ireland, this section has effect subject to the modification set out in Sch. 8; see s. 70(6) | |
5. (2) For the purposes of this Part, an employer also discriminates against a disabled person if— (3) Subject to subsection (5), for the purposes of subsection (1) treatment is justified if, but only if, the reason for it is both material to the circumstances of the particular case and substantial. (4) For the purposes of subsection (2), failure to comply with a section 6 duty is justified if, but only if, the reason for the failure is both material to the circumstances of the particular case and substantial. (5) If, in a case falling within subsection (1), the employer is under a section 6 duty in relation to the disabled person but fails without justification to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with the section 6 duty. (6) Regulations may make provision, for purposes of this section, as to circumstances in which— (7) Regulations under subsection (6) may, in particular—
Meaning of “discrimination”.
— (1) For the purposes of this Part, an employer 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.
(a)
he fails to comply with a section 6 duty imposed on him in relation to the disabled person; and
(b)
he cannot show that his failure to comply with that duty is justified.
(a)
treatment is to be taken to be justified;
(b)
failure to comply with a section 6 duty is to be taken to be justified;
(c)
treatment is to be taken not to be justified;
(d)
failure to comply with a section 6 duty is to be taken not to be justified.
(a)
make provision by reference to the cost of affording any benefit; and
(b)
in relation to benefits under occupational pension schemes, make provision with a view to enabling uniform rates of contributions to be maintained.
S. 5 modifed (E.W.) (2.3.1998 subject to art. 1(2) of the amending S.I.) by S.I. 1998/218, arts. 1(2), 3(1), Sch. (with art. 3(2)(b)) S. 5 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. | |
S. 5 wholly in force at 2.12.1996; s. 5 not in force at Royal Assent see s. 70(3); s. 5(6)(7) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 5(6)(7) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1); s. 5(1)-(5) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 5(1)-(5) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II | |
6. place the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the arrangements or feature having that effect. (2) Subsection (1)(a) applies only in relation to— (3) The following are examples of steps which an employer may have to take in relation to a disabled person in order to comply with subsection (1)— (4) In determining whether it is reasonable for an employer to have to take a particular step in order to comply with subsection (1), regard shall be had, in particular, to— This subsection is subject to any provision of regulations made under subsection (8). (5) In this section, “the disabled person concerned” means— (6) Nothing in this section imposes any duty on an employer in relation to a disabled person if the employer does not know, and could not reasonably be expected to know— (7) Subject to the provisions of this section, nothing in this Part is to be taken to require an employer to treat a disabled person more favourably than he treats or would treat others. (8) Regulations may make provision, for the purposes of subsection (1)— (9) Regulations made under subsection (8)(c), (d), (e) or (f) may, in particular, make provision by reference to the cost of taking the steps concerned. (10) Regulations may make provision adding to the duty imposed on employers by this section, including provision of a kind which may be made under subsection (8). (11) This section does not apply in relation to any benefit under an occupational pension scheme or any other benefit payable in money or money’s worth under a scheme or arrangement for the benefit of employees in respect of— (12) This section imposes duties only for the purpose of determining whether an employer has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
Duty of employer to make adjustments.
— (1) Where—(a)
any arrangements made by or on behalf of an employer, or
(b)
any physical feature of premises occupied by the employer,
(a)
arrangements for determining to whom employment should be offered;
(b)
any term, condition or arrangements on which employment, promotion, a transfer, training or any other benefit is offered or afforded.
(a)
making adjustments to premises;
(b)
allocating some of the disabled person’s duties to another person;
(c)
transferring him to fill an existing vacancy;
(d)
altering his working hours;
(e)
assigning him to a different place of work;
(f)
allowing him to be absent during working hours for rehabilitation, assessment or treatment;
(g)
giving him, or arranging for him to be given, training;
(h)
acquiring or modifying equipment;
(i)
modifying instructions or reference manuals;
(j)
modifying procedures for testing or assessment;
(k)
providing a reader or interpreter;
(l)
providing supervision.
(a)
the extent to which taking the step would prevent the effect in question;
(b)
the extent to which it is practicable for the employer to take the step;
(c)
the financial and other costs which would be incurred by the employer in taking the step and the extent to which taking it would disrupt any of his activities;
(d)
the extent of the employer’s financial and other resources;
(e)
the availability to the employer of financial or other assistance with respect to taking the step.
(a)
in the case of arrangements for determining to whom employment should be offered, any disabled person who is, or has notified the employer that he may be, an applicant for that employment;
(b)
in any other case, a disabled person who is— (i) an applicant for the employment concerned; or (ii) an employee of the employer concerned.
(a)
in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the employment; or
(b)
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
(a)
as to circumstances in which arrangements are, or a physical feature is, to be taken to have the effect mentioned in that subsection;
(b)
as to circumstances in which arrangements are not, or a physical feature is not, to be taken to have that effect;
(c)
as to circumstances in which it is reasonable for an employer to have to take steps of a prescribed description;
(d)
as to steps which it is always reasonable for an employer to have to take;
(e)
as to circumstances in which it is not reasonable for an employer to have to take steps of a prescribed description;
(f)
as to steps which it is never reasonable for an employer to have to take;
(g)
as to things which are to be treated as physical features;
(h)
as to things which are not to be treated as such features.
(a)
termination of service;
(b)
retirement, old age or death;
(c)
accident, injury, sickness or invalidity; or
(d)
any other prescribed matter.
S. 6 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (with art. 1(2)) S. 6 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. | |
S. 6 wholly in force at 2.12.1996; s. 6 not in force at Royal Assent see s. 70(3); s. 6(8)(9)(10) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 6(8)(9)(10) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 6(1)-(7)(11)(12) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 6(1)-(7)(11)(12) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II | |
7. (2) The [F6 Department of Economic Development] may by order amend subsection (1) by substituting a different number (not greater than 20) for the number for the time being specified there. [F7 (3) Before making an order under subsection (2) the Office of the First Minister and deputy First Minister shall consult— (4) The Office of the First Minister and deputy First Minister shall, before laying an order under this section before the Assembly, publish a summary of the views expressed to it in its consultations.]
Exemption for small businesses.
— (1) Nothing in this Part applies in relation to an employer who has fewer than [F5 15] employees.(a)
the Equality Commission for Northern Ireland;
(b)
such organisations representing the interests of employers as that Office considers appropriate; and
(c)
such organisations representing the interests of disabled persons in employment or seeking employment as that Office considers appropriate.
Word in s. 7(1) substituted (1.12.1998) by S.I. 1998/2618, art. 2; S.R. 1998/391, art. 2 | |
Words in s. 7(2) substituted (N.I.) by virtue of s. 70(6), Sch. 8 para. 4(1) of this Act | |
S. 7(3)(4) substituted for s. 7(3)-(10) (N.I.) (25.4.2000) by S.I. 2000/1110 (N.I. 2), art. 13 (with art. 17); S.R. 2000/140, art. 2, Sch. | |
This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only. | |
7. (2) The Secretary of State may by order amend subsection (1) by substituting a different number (not greater than 20) for the number for the time being specified there. [F9 (3) Before making an order under subsection (2) the Secretary of State shall consult— (4) The Secretary of State shall, before laying an order under this section before Parliament, publish a summary of the views expressed to him in his consultations.]
Exemption for small businesses.
— (1) Nothing in this Part applies in relation to an employer who has fewer than [F8 15] employees.(a)
the Disability Rights Commission;
(b)
such organisations representing the interests of employers as he considers appropriate; and
(c)
such organisations representing the interests of disabled persons in employment or seeking employment as he considers appropriate.
Word in s. 7(1) substituted (1.12.1998) by S.I. 1998/2618, art. 2; S.R. 1998/391, art. 2 | |
S. 7(3)(4) substituted for S. 7(3)-(10) (E.W.S.) (25.4.2000) by 1999 c. 17, s. 11; S.I. 2000/880, art. 2, Sch. 2 | |
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only | |
8. may be presented to an [F10 employment tribunal]. (2) Where an [F10 employment tribunal] finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable— (3) Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty. (4) For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head. (5) If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an [F10 employment tribunal] under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so— (6) Regulations may make provision— (7) Regulations may modify the operation of any order made under [F11 section 14 of [F12 the Employment Tribunals Act 1996]](power to make provision as to interest on sums payable in pursuance of [F10 employment tribunal] decisions) to the extent that it relates to an award of compensation under subsection (2)(b). (8) Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
Enforcement, remedies and procedure.
— (1) A complaint by any person that another person—(a)
has discriminated against him in a way which is unlawful under this Part, or
(b)
is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,
(a)
making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
(b)
ordering the respondent to pay compensation to the complainant;
(c)
recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.
(a)
increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or
(b)
make an order under subsection (2)(b).
(a)
for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and
(b)
specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.
Words in s. 8(1)(b)(2)(5)(7) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 | |
Words in s. 8(7) substituted (E.W.S.) (28.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 12(1)(2) (with s. 38) | |
Words in s. 8(7) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 | |
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only | |
S. 8 wholly in force at 2.12.1996; s. 8 not in force at Royal Assent see s. 70(3); s. 8(6)(7) in force at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 8(1)-(5)(8) in force at 2.12.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. III | |
8. may be presented to an industrial tribunal. (2) Where an industrial tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable— (3) Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty. (4) For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head. (5) If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so— (6) Regulations may make provision— (7) Regulations may modify the operation of any order made under paragraph 6A of Schedule 9 to the Employment Protection (consolidation)Act 1978 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b). (8) Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.
Enforcement, remedies and procedure.
— (1) A complaint by any person that another person—(a)
has discriminated against him in a way which is unlawful under this Part, or
(b)
is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,
(a)
making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
(b)
ordering the respondent to pay compensation to the complainant;
(c)
recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.
(a)
increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or
(b)
make an order under subsection (2)(b).
(a)
for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and
(b)
specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.
S. 8: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 4(b), Sch. 2 Pt. II | |
This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6). A separate version has been created for England and Wales and Scotland only | |
S. 8 wholly in force at 2.12.1996; s. 8 not in force at Royal Assent see s. 70(3); s. 8(6)(7) in force at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 8(1)-(5)(8) in force at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II | |
9. (2) Paragraphs (b) and (c) of subsection (1) do not apply to an agreement not to institute proceedings under section 8(1), or to an agreement not to continue such proceedings, if— (3) The conditions are that— [F15 (4) A person is a relevant independent adviser for the purposes of subsection (3)(a)— (4A) But a person is not a relevant independent adviser for the purposes of subsection (3)(a) in relation to the complainant— (4B) In subsection (4)(a) “qualified lawyer” means a barrister (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate. (4C) In subsection (4)(b) “independent trade union” has the same meaning as in the Industrial Relations (Northern Ireland) Order 1992. (5) For the purposes of subsection (4A) any two persons are to be treated as connected— [ F16 (6) An agreement under which the parties agree to submit a dispute to arbitration—
Validity of certain agreements.
— (1) Any term in a contract of employment or 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
(c)
prevent any person from presenting a complaint to an industrial tribunal under this Part.
(a)
a conciliation officer has acted under paragraph 1 of Schedule 3 in relation to the matter; or
(b)
the conditions set out in subsection (3) are satisfied.
(a)
the complainant must have received [F13 advice from a relevant independent adviser] as to the terms and effect of the proposed agreement (and in particular its effect on his ability to pursue his complaint before an industrial tribunal);
(b)
when the adviser gave the advice there must have been in force a [F14 contract of insurance, or an indemnity provided for members of a profession or professional body,] covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice; and
(c)
the agreement must be in writing, relate to the particular complaint, identify the adviser and state that the conditions are satisfied.
(a)
if he is a qualified lawyer,
(b)
if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,
(c)
if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or
(d)
if he is a person of a description specified in an order made by the Department of Economic Development.
(a)
if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,
(b)
in the case of a person within subsection (4)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,
(c)
in the case of a person within subsection (4)(c), if the complainant makes a payment for the advice received from him, or
(d)
in the case of a person of a description specified in an order under subsection (4)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.
(a)
if one is a company of which the other (directly or indirectly) has control, or
(b)
if both are companies of which a third person (directly or indirectly) has control.]
(a)
shall be regarded for the purposes of subsection (2) as being an agreement not to institute, or an agreement not to continue, proceedings if— (i) the dispute is covered by a scheme having effect by virtue of an order under Article 84A of the Industrial Relations (Northern Ireland) Order 1992, and (ii) the agreement is to submit it to arbitration in accordance with the scheme, but
(b)
shall be regarded as neither being nor including such an agreement in any other case.]
Words in s. 9(3)(a) substituted (8.8.1998) by S.I. 1998/1265 (N.I. 8), art. 10(2)(c); S.R. 1998/274, art. 2(1), Sch. 1 | |
Words in s. 9(3)(b) substituted (8.8.1998) by S.I. 1998/1265 (N.I. 8), art. 11(2)(c); S.R. 1998/274, art. 2(1), Sch. 1 | |
S. 9(4)(4A)(4B)(4C)(5) substituted for s. 9(4)(5) (8.8.1998) by S.I. 1998/1265 (N.I. 8), art. 16, Sch. 1 para. 6; S.R. 1998/274, art. 2(1), Sch. 1 | |
S. 9(6) added (8.8.1998) by S.I. 1998/1265 (N.I. 8), art. 16, Sch. 1 para. 6; S.R. 1998/274, art. 2(1), Sch. 1 | |
This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6). A separate version has been created for England and Wales and Scotland only | |
9. (2) Paragraphs (b) and (c) of subsection (1) do not apply to an agreement not to institute proceedings under section 8(1), or to an agreement not to continue such proceedings, if— (3) The conditions are that— [F21 (4) A person is a relevant independent adviser for the purposes of subsection (3)(a)— F21 (4A) But a person is not a relevant independent adviser for the purposes of subsection (3)(a) in relation to the complainant— F21 (4B) In subsection (4)(a) “qualified lawyer” means— F21 (4C) In subsection (4)(b) “independent trade union” has the same meaning as in the M2 Trade Union and Labour Relations (Consolidation) Act 1992. F21 (5) For the purposes of subsection (4A) any two persons are to be treated as connected— [ F22 (6) An agreement under which the parties agree to submit a dispute to arbitration—
Validity of certain agreements.
— (1) Any term in a contract of employment or 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
(c)
prevent any person from presenting a complaint to an industrial tribunal under this Part.
(a)
(b)
the conditions set out in subsection (3) are satisfied.
(a)
the complainant must have received [F19 advice from a relevant independent adviser]as to the terms and effect of the proposed agreement (and in particular its effect on his ability to pursue his complaint before an industrial tribunal);
(b)
when the adviser gave the advice there must have been in force a [F20 contract of insurance, or an indemnity provided for members of a profession or professional body,] covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice; and
(c)
the agreement must be in writing, relate to the particular complaint, identify the adviser and state that the conditions are satisfied.
(a)
if he is a qualified lawyer,
(b)
if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,
(c)
if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or
(d)
if he is a person of a description specified in an order made by the Secretary of State.
(a)
if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,
(b)
in the case of a person within subsection (4)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,
(c)
in the case of a person within subsection (4)(c), if the complainant makes a payment for the advice received from him, or
(d)
in the case of a person of a description specified in an order under subsection (4)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.
(a)
as respects England and Wales, a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the M1 Courts and Legal Services Act 1990), and
(b)
as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.
(a)
if one is a company of which the other (directly or indirectly) has control, or
(b)
if both are companies of which a third person (directly or indirectly) has control.]
(a)
shall be regarded for the purposes of subsection (2) as being an agreement not to institute, or an agreement not to continue, proceedings if— (i) the dispute is covered by a scheme having effect by virtue of an order under section 212A of the M3 Trade Union and Labour Relations (Consolidation) Act 1992, and (ii) the agreement is to submit it to arbitration in accordance with the scheme, but
(b)
shall be regarded as neither being nor including such an agreement in any other case.]
Words in s. 9(2)(a) substituted (E.W.S.) (28.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 12(1)(3) (with s. 38) | |
Words in s. 9(2)(a) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 | |
Words in s. 9(3)(a) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 9(1)(2)(d); S.I. 1998/1658, art. 2(1), Sch. 1 | |
Words in s. 9(3)(b) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 10(1)(2)(d); S.I. 1998/1658, art. 2(1), Sch. 1 | |
S. 9(4)(4A)(4B)(4C)(5) substituted for s. 9(4)(5) (E.W.S.) (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 11; S.I. 1998/1658, art. 2(1), Sch. 1 | |
S. 9(6) added (E.W.S.) (1.8.1998) by 1998 c. 8, s. 8(4); S.I. 1998/1658, art. 2(1), Sch. 1 | |
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only | |
1990 c. 41. | |
1992 c. 52. | |
1992 c. 52. | |
9. (2) Paragraphs (b) and (c) of subsection (1) do not apply to an agreement not to institute proceedings under section 8(1), or to an agreement not to continue such proceedings, if— (3) The conditions are that— [F27 (4) A person is a relevant independent adviser for the purposes of subsection (3)(a)— F27 (4A) But a person is not a relevant independent adviser for the purposes of subsection (3)(a) in relation to the complainant— F27 (4B) In subsection (4)(a) “qualified lawyer” means— F27 (4C) In subsection (4)(b) “independent trade union” has the same meaning as in the M5 Trade Union and Labour Relations (Consolidation) Act 1992. F27 (5) For the purposes of subsection (4A) any two persons are to be treated as connected— [ F28 (6) An agreement under which the parties agree to submit a dispute to arbitration—
Validity of certain agreements.
— (1) Any term in a contract of employment or 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
(c)
prevent any person from presenting a complaint to an [F23 employment tribunal] under this Part.
(a)
(b)
the conditions set out in subsection (3) are satisfied.
(a)
(b)
when the adviser gave the advice there must have been in force a [F26 contract of insurance, or an indemnity provided for members of a profession or professional body,] covering the risk of a claim by the complainant in respect of loss arising in consequence of the advice; and
(c)
the agreement must be in writing, relate to the particular complaint, identify the adviser and state that the conditions are satisfied.
(a)
if he is a qualified lawyer,
(b)
if he is an officer, official, employee or member of an independent trade union who has been certified in writing by the trade union as competent to give advice and as authorised to do so on behalf of the trade union,
(c)
if he works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and as authorised to do so on behalf of the centre, or
(d)
if he is a person of a description specified in an order made by the Secretary of State.
(a)
if he is, is employed by or is acting in the matter for the other party or a person who is connected with the other party,
(b)
in the case of a person within subsection (4)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party,
(c)
in the case of a person within subsection (4)(c), if the complainant makes a payment for the advice received from him, or
(d)
in the case of a person of a description specified in an order under subsection (4)(d), if any condition specified in the order in relation to the giving of advice by persons of that description is not satisfied.
(a)
as respects England and Wales, a barrister (whether in practice as such or employed to give legal advice), a solicitor who holds a practising certificate, or a person other than a barrister or solicitor who is an authorised advocate or authorised litigator (within the meaning of the M4 Courts and Legal Services Act 1990), and
(b)
as respects Scotland, an advocate (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.
(a)
if one is a company of which the other (directly or indirectly) has control, or
(b)
if both are companies of which a third person (directly or indirectly) has control.]
(a)
shall be regarded for the purposes of subsection (2) as being an agreement not to institute, or an agreement not to continue, proceedings if— (i) the dispute is covered by a scheme having effect by virtue of an order under section 212A of the M6 Trade Union and Labour Relations (Consolidation) Act 1992, and (ii) the agreement is to submit it to arbitration in accordance with the scheme, but
(b)
shall be regarded as neither being nor including such an agreement in any other case.]
Words in s. 9 substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b)(c) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1 | |
Words in s. 9(2)(a) substituted (E.W.S.) (28.8.1996) by 1996 c. 17, ss. 43, 46, Sch. 1 para. 12(1)(3) (with s. 38) | |
Words in s. 9(3)(a) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 9(1)(2)(d); S.I. 1998/1658, art. 2(1), Sch. 1 | |
Words in s. 9(3)(b) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 10(1)(2)(d); S.I. 1998/1658, art. 2(1), Sch. 1 | |
S. 9(4)(4A)(4B)(4C)(5) substituted for s. 9(4)(5) (E.W.S.) (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 11; S.I. 1998/1658, art. 2(1), Sch. 1 | |
S. 9(6) added (E.W.S.) (1.8.1998) by 1998 c. 8, 8(4); S.I. 1998/1658, art. 2(1), Sch. 1 | |
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only | |
1990 c. 41. | |
1992 c. 52. | |
1992 c. 52. | |
10. (2) Nothing in this Part prevents— (3) In this section— (4) In the application of this section to England and Wales, “charitable purposes” means purposes which are exclusively charitable according to the law of England and Wales. (5) In the application of this section to Scotland, “charitable purposes” shall be construed in the same way as if it were contained in the Income Tax Acts.
Charities and support for particular groups of persons.
— (1) Nothing in this Part—(a)
affects any charitable instrument which provides for conferring benefits on one or more categories of person determined by reference to any physical or mental capacity; or
(b)
makes unlawful any act done by a charity or recognised body in pursuance of any of its charitable purposes, so far as those purposes are connected with persons so determined.
(a)
a person who provides supported employment from treating members of a particular group of disabled persons more favourably than other persons in providing such employment; or
(b)
the Secretary of State from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.
“charitable instrument” means an enactment or other instrument (whenever taking effect) so far as it relates to charitable purposes;
“recognised body” means a body which is a recognised body for the purposes of Part I of the M8 Law Reform (Miscellaneous Provisions)(Scotland) Act 1990; and
“supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the M9 Disabled Persons (Employment) Act 1944.
11. (2) The tribunal hearing the complaint shall assume, unless the contrary is shown, that the employer’s reason for refusing to offer, or deliberately not offering, the employment to the complainant was related to the complainant’s disability. (3) In this section “advertisement” includes every form of advertisement or notice, whether to the public or not.
Advertisements suggesting that employers will discriminate against disabled persons.
— (1) This section applies where—(a)
a disabled person has applied for employment with an employer;
(b)
the employer has refused to offer, or has deliberately not offered, him the employment;
(c)
the disabled person has presented a complaint under section 8 against the employer;
(d)
the employer has advertised the employment (whether before or after the disabled person applied for it); and
(e)
the advertisement indicated, or might reasonably be understood to have indicated, that any application for the advertised employment would, or might, be determined to any extent by reference to— (i) the successful applicant not having any disability or any category of disability which includes the disabled person’s disability; or (ii) the employer’s reluctance to take any action of a kind mentioned in section 6.
S. 11 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (with art. 1(2)) S. 11 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. | |
12. (2) Subsection (1) does not apply to benefits of any description if the principal is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the contract worker in question, unless that provision differs in a material respect from the provision of the benefits by the principal to contract workers. (3) The provisions of this Part (other than subsections (1) to (3) of section 4) apply to any principal, in relation to contract work, as if he were, or would be, the employer of the contract worker and as if any contract worker supplied to do work for him were an employee of his. (4) 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. (5) This section applies only in relation to contract work done at an establishment in Great Britain (the provisions of section 68 about the meaning of “employment at an establishment in Great Britain” applying for the purposes of this subsection with the appropriate modifications). (6) In this section—
Discrimination against contract workers.
— (1) It is unlawful for a principal, in relation to contract work, to discriminate against a disabled person—(a)
in the terms on which he allows him to do that work;
(b)
by not allowing him to do it or continue to do it;
(c)
in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or
(d)
by subjecting him to any other detriment.
“principal” means a person ( “A”) who makes work available for doing by individuals who are employed by another person who supplies them under a contract made with A;
“contract work” means work so made available; and
“contract worker” means any individual who is supplied to the principal under such a contract.
S. 12 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (with art. 1(2)) S. 12 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. | |
In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6) | |
S. 12 wholly in force at 2.12.1996; s. 12 not in force at Royal Assent see s. 70(3); s. 12(3)(6) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 12(3)(6) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 12(1)(2)(4)(5) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 12(1)(2)(4)(5) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II | |
Discrimination by trade organisations.
— (1) It is unlawful for a trade organisation to discriminate against a disabled person—(a)
in the terms on which it is prepared to admit him to membership of the organisation; or
(b)
by refusing to accept, or deliberately not accepting, his application for membership.
(a)
in the way it affords him access to any benefits or by refusing or deliberately omitting to afford him access to them;
(b)
by depriving him of membership, or varying the terms on which he is a member; or
(c)
by subjecting him to any other detriment.
14. (2) For the purposes of this Part, a trade organisation also discriminates against a disabled person if— (3) Subject to subsection (5), for the purposes of subsection (1) treatment is justified if, but only if, the reason for it is both material to the circumstances of the particular case and substantial. (4) For the purposes of subsection (2), failure to comply with a section 15 duty is justified if, but only if, the reason for the failure is both material to the circumstances of the particular case and substantial. (5) If, in a case falling within subsection (1), the trade organisation is under a section 15 duty in relation to the disabled person concerned but fails without justification to comply with that duty, its treatment of that person cannot be justified under subsection (3) unless the treatment would have been justified even if the organisation had complied with the section 15 duty. (6) Regulations may make provision, for purposes of this section, as to circumstances in which—
Meaning of “discrimination” in relation to trade organisations.
— (1) For the purposes of this Part, a trade organisation discriminates against a disabled person if—(a)
for a reason which relates to the disabled person’s disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and
(b)
it cannot show that the treatment in question is justified.
(a)
it fails to comply with a section 15 duty imposed on it in relation to the disabled person; and
(b)
it cannot show that its failure to comply with that duty is justified.
(a)
treatment is to be taken to be justified;
(b)
failure to comply with a section 15 duty is to be taken to be justified;
(c)
treatment is to be taken not to be justified;
(d)
failure to comply with a section 15 duty is to be taken not to be justified.
S. 14 wholly in force at 1.10.1999; s. 14 not in force at Royal Assent see s. 70(3); s. 14(6) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 14(6) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 14(1)(3) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 14(1)(3) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 14(2)(4)(5) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(a); s. 14(2)(4)(5) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(a) | |
15. place the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the organisation to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the arrangements or feature having that effect. (2) Subsection (1)(a) applies only in relation to— (3) In determining whether it is reasonable for a trade organisation to have to take a particular step in order to comply with subsection (1), regard shall be had, in particular, to— This subsection is subject to any provision of regulations made under subsection (7). (4) In this section “the disabled person concerned” means— (5) Nothing in this section imposes any duty on an organisation in relation to a disabled person if the organisation does not know, and could not reasonably be expected to know that the disabled person concerned— (6) Subject to the provisions of this section, nothing in this Part is to be taken to require a trade organisation to treat a disabled person more favourably than it treats or would treat others. (7) Regulations may make provision for the purposes of subsection (1) as to any of the matters mentioned in paragraphs (a) to (h) of section 6(8)(the references in those paragraphs to an employer being read for these purposes as references to a trade organisation). (8) Subsection (9) of section 6 applies in relation to such regulations as it applies in relation to regulations made under section 6(8). (9) Regulations may make provision adding to the duty imposed on trade organisations by this section, including provision of a kind which may be made under subsection (7). (10) This section imposes duties only for the purpose of determining whether a trade organisation has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
Appeal against refusal of exemption certificate.
— (1) Where—(a)
any arrangements made by or on behalf of a trade organisation, or
(b)
any physical feature of premises occupied by the organisation,
(a)
arrangements for determining who should become or remain a member of the organisation;
(b)
any term, condition or arrangements on which membership or any benefit is offered or afforded.
(a)
the extent to which taking the step would prevent the effect in question;
(b)
the extent to which it is practicable for the organisation to take the step;
(c)
the financial and other costs which would be incurred by the organisation in taking the step and the extent to which taking it would disrupt any of its activities;
(d)
the extent of the organisation’s financial and other resources;
(e)
the availability to the organisation of financial or other assistance with respect to taking the step.
(a)
in the case of arrangements for determining to whom membership should be offered, any disabled person who is, or has notified the organisation that he may be, an applicant for membership;
(b)
in any other case, a disabled person who is— (i) an applicant for membership; or (ii) a member of the organisation.
(a)
is, or may be, an applicant for membership; or
(b)
has a disability and is likely to be affected in the way mentioned in subsection (1).
S. 15 partly in force; s. 15 not in force at Royal Assent see s. 70(3); s. 15(1)(a)(2)-(10) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(b); s. 15(1)(a)(2)-(10) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(b) | |
16. (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— [F29 (2A) Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided— (i) for the lessee to have to make a written application to the lessor for consent to the alteration; (ii) if such an application is made, for the lessor not to withhold his consent unreasonably; and (iii) for the lessor to be entitled to make his consent subject to reasonable conditions.] (3) In this section— (4) If the terms and conditions of a lease— the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration. (5) Part I of Schedule 4 supplements the provisions of this section.
Alterations to premises occupied under leases.
— (1) This section applies where—(a)
an employer or trade organisation ( “the occupier”) occupies premises under a lease;
(b)
but for this section, the occupier would not be entitled to make a particular alteration to the premises; and
(c)
the alteration is one which the occupier proposes to make in order to comply with a section 6 duty or section 15 duty.
(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;
(c)
if such an application is made, for the lessor not to withhold his consent unreasonably; and
(d)
for the lessor to be entitled to make his consent subject to reasonable conditions.
“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.
(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,
S. 16(2A) added (7.6.1996) by S.I. 1996/1333, reg. 4(2) | |
S. 16 modified (E.W.) (2.3.1998) by S.I. 1998/218, arts. 1(2), 3(1), Sch. (with art. 3(2)(b)) S. 16 modified (7.6.1996) by S.I. 1996/1333, reg. 4(a) S. 16 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch. | |
S. 16 wholly in force at 2.12.1996; s. 16 not in force at Royal Assent see s. 70(3); s. 16(3)(5) in force for certain purposes (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(d); s. 16(3)(5) in force for certain purposes (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(d); s. 16(5) in force insofar as not already in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 16(5) in force (N.I.) insofar as not already in force at 1.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 16(3) in force (E.W.S.) insofar as not already in force at 2.12.1996 by S.I. 1996/3003, art. 3; s. 16(3) in force insofar as not already in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 16(1)(2)(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 16(1)(2)(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II | |
17. (2) The other provisions of the scheme are to have effect subject to the non-discrimination rule. (3) Without prejudice to section 67, regulations under this Part may— (4) In determining, for the purposes of this section, whether an act or omission would amount to unlawful discrimination if done by an employer, any provision made under subsection (3) shall be applied as if it applied in relation to the notional employer.
Occupational pension schemes.
— (1) Every occupational pension scheme shall be taken to include a provision ( “a non-discrimination rule”)—(a)
relating to the terms on which— (i) persons become members of the scheme; and (ii) members of the scheme are treated; and
(b)
requiring the trustees or managers of the scheme to refrain from any act or omission which, if done in relation to a person by an employer, would amount to unlawful discrimination against that person for the purposes of this Part.
(a)
with respect to trustees or managers of occupational pension schemes make different provision from that made with respect to employers; or
(b)
make provision modifying the application to such trustees or managers of any regulations made under this Part, or of any provisions of this Part so far as they apply to employers.
S. 17 wholly in force at 2.12.1996; s. 17 not in force at Royal Assent see s. 70(3); s. 17(3) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 17(3) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 17(1)(2)(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 17(1)(2)(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II | |
18. (2) The insurer is to be taken, for the purposes of this Part, to discriminate unlawfully against a disabled person who is a relevant employee if he acts in relation to that employee in a way which would be unlawful discrimination for the purposes of Part III if— (3) In this section— (4) For the purposes of the definition of “relevant employee” in subsection (3), “employee”, in relation to an employer, includes a person who has applied for, or is contemplating applying for, employment by that employer or (as the case may be) employment by him in the class in question.
Insurance services.
— (1) This section applies where a provider of insurance services ( “the insurer”) enters into arrangements with an employer under which the employer’s employees, or a class of his employees—(a)
receive insurance services provided by the insurer; or
(b)
are given an opportunity to receive such services.
(a)
he were providing the service in question to members of the public; and
(b)
the employee was provided with, or was trying to secure the provision of, that service as a member of the public.
“insurance services” means services of a prescribed description for the provision of benefits in respect of— (a) termination of service; (b) retirement, old age or death; (c) accident, injury, sickness or invalidity; or (d) any other prescribed matter; and
“relevant employee” means— (a) in the case of an arrangement which applies to employees of the employer in question, an employee of his; (b) in the case of an arrangement which applies to a class of employees of the employer, an employee who is in that class.
S. 18(3) applied (N.I.) (14.12.1999) by S.R. 1999/440, reg. 2 | |
S. 18 wholly in force at 2.12.1996; s. 18 not in force at Royal Assent see s. 70(3); s. 18(3)(4) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 18(3)(4) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 18(1)(2) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 18(1)(2) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II | |
Discrimination in Other Areas
19. (2) For the purposes of this section and sections 20 and 21— (3) The following are examples of services to which this section and sections 20 and 21 apply— (4) 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. (5) Except in such circumstances as may be prescribed, this section and sections 20 and 21 do not apply to— [F33 (5A) Nothing in this Part applies to the provision of a service in relation to which discrimination is made unlawful by section 28A, 28F or 28R.] [ F34 (6) In subsection (5) “relevant body” means—
Discrimination in relation to goods, facilities and services.
— (1) It is unlawful for a provider of services to discriminate against a disabled person—(a)
in refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public;
(b)
in failing to comply with any duty imposed on him by section 21 in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service;
(c)
in the standard of service which he provides to the disabled person or the manner in which he provides it to him; or
(d)
in the terms on which he provides a service to the disabled person.
(a)
the provision of services includes the provision of any goods or facilities;
(b)
a person is “a provider of services” if he is concerned with the provision, in the United Kingdom, of services to the public or to a section of the public; and
(c)
it is irrelevant whether a service is provided on payment or without payment.
(a)
access to and use of any place which members of the public are permitted to enter;
(b)
access to and use of means of communication;
(c)
access to and use of information services;
(d)
accommodation in a hotel, boarding house or other similar establishment;
(e)
facilities by way of banking or insurance or for grants, loans, credit or finance;
(f)
facilities for entertainment, recreation or refreshment;
(g)
facilities provided by employment agencies or under section 2 of the M10 Employment and Training Act 1973;
(h)
the services of any profession or trade, or any local or other public authority.
education which is funded, or secured, by a relevant body or provided at— (i) an establishment which is funded by such a body or by a Minister of the Crown; or (ii) any other establishment which is a school as defined in [F31 section 4(1) and (2) of the Education Act 1996] or section 135(1) of the M11 Education (Scotland) Act 1980;
education which is provided by an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992);
(ab)
education which is provided by such establishments as may be specified by the Secretary of State by order;]]
(b)
any service so far as it consists of the use of any means of transport; or
(c)
such other services as may be prescribed.
(a)
a local education authority in England and Wales;
(b)
an education authority in Scotland;
the Funding Agency for Schools;]
the Schools Funding Council for Wales;]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Further Education Funding Council for Wales;]
the Scottish Further Education Funding Council established by an order under section 7(1) of the Further and Higher Education (Scotland) Act 1992;]
(g)
the Higher Education Funding Council for England;
(h)
the Scottish Higher Education Funding Council;
(i)
the Higher Education Funding Council for Wales;
(j)
the Teacher Training Agency;
(k)
a voluntary organisation; or
(l)
a body of a prescribed kind.]
S. 19(5)(a)-(ab) repealed (E.W.S.)(1.9.2002) by 2001 c. 10, s. 38(5)(a), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
Words in s. 19(5)(a)(ii) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 129 (with ss. 1(4), 561, 562, Sch. 39) | |
S. 19(5)(aa)(ab) inserted (1.4.2001) by 2000 c. 21, s. 149, Sch. 9 para. 49 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3) | |
S. 19(5A) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(6) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
S. 19(6) repealed (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(5)(b), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
S. 19(6)(c)(d) repealed (E.W.) (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 | |
S. 19(6)(e) repealed (1.4.2001) by 2000 c. 21, s. 153, Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3) | |
S. 19(6)(f) repealed (W.) (1.4.2001) by 2000 c. 21, s. 153, Sch. 11 (with s. 150); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with savings and transitional provisions in arts. 3, 4) | |
S. 19(6)(ff) inserted (S.) (1.1.1999) by 1998 c. 30, s. 38; S.I. 1998/3237, art. 2(3) (with s. 42(8)) | |
In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6) | |
S. 19 wholly in force at 1.10.1999; s. 19 not in force at Royal Assent see s. 70(3); s. 19(5)(c) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 19(5)(c) in force (N.I.) at 10.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I s.19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 19(1)(a)(c)(d)(2)(3)(4)(5)(a)(b)(6) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 19(1)(b) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(c); s. 19(1)(b) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(c) | |
1973 c. 50. | |
1980 c. 44. | |
20. (2) For the purposes of section 19, a provider of services also discriminates against a disabled person if— (3) For the purposes of this section, treatment is justified only if— (4) The conditions are that— (5) Any increase in the cost of providing a service to a disabled person which results from compliance by a provider of services with a section 21 duty shall be disregarded for the purposes of subsection (4)(e). (6) Regulations may make provision, for purposes of this section, as to circumstances in which— (7) Regulations may make provision for subsection (4)(b) not to apply in prescribed circumstances where— (8) Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (4)) in which treatment is to be taken to be justified. (9) In subsections (3), (4) and (8) “treatment” includes failure to comply with a section 21 duty.
Meaning of “discrimination”.
— (1) For the purposes of section 19, a provider of services 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.
(a)
he fails to comply with a section 21 duty imposed on him in relation to the disabled person; and
(b)
he cannot show that his failure to comply with that duty is justified.
(a)
in the opinion of the provider of services, one or more of the conditions mentioned in subsection (4) are satisfied; and
(b)
it is reasonable, in all the circumstances of the case, for him to hold that opinion.
(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 19(1)(a), the treatment is necessary because the provider of services would otherwise be unable to provide the service to members of the public;
(d)
in a case falling within section 19(1)(c) or (d), the treatment is necessary in order for the provider of services to be able to provide the service to the disabled person or to other members of the public;
(e)
in a case falling within section 19(1)(d), the difference in the terms on which the service is provided to the disabled person and those on which it is provided to other members of the public reflects the greater cost to the provider of services in providing the service to the disabled person.
(a)
it is reasonable for a provider of services to hold the opinion mentioned in subsection (3)(a);
(b)
it is not reasonable for a provider of services to hold that opinion.
(a)
a person is acting for a disabled person under a power of attorney;
(b)
functions conferred by or under Part VII of the M12 Mental Health Act 1983 are exercisable in relation to a disabled person’s property or affairs; or
(c)
powers are exercisable in Scotland in relation to a disabled person’s property or affairs in consequence of the appointment of a curator bonis, tutor or judicial factor.
In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6) | |
S. 20 wholly in force at 1.10.1999; s. 20 not in force at Royal Assent see s. 70(3); s. 20(6)(7)(8) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I ;s. 20(6)(7)(8) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 20(1)(3)(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 20(1)(3)(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 20(2)(5)(9) in force (E.W.S.) at 1.10.1999 by S.I. 1999/1190, art. 5(d)(e)(f); s. 20(2)(5)(9) in force (N.I.) at 1.10.1999 by S.R. 1999/196, art. 4(d)-(f) | |
1983 c. 20. | |
21. (2) Where a physical feature (for example, one arising from the design or construction of a building or the approach or access to premises) makes it impossible or unreasonably difficult for disabled persons to make use of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to— (3) Regulations may prescribe— (4) Where an auxiliary aid or service (for example, the provision of information on audio tape or of a sign language interpreter) would— it is the duty of the provider of that service 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 that auxiliary aid or service. (5) Regulations may make provision, for the purposes of this section— (6) Nothing in this section requires a provider of services to take any steps which would fundamentally alter the nature of the service in question or the nature of his trade, profession or business. (7) Nothing in this section requires a provider of services to take any steps which would cause him to incur expenditure exceeding the prescribed maximum. (8) Regulations under subsection (7) may provide for the prescribed maximum to be calculated by reference to— (9) Regulations may provide, for the purposes of subsection (7), for expenditure incurred by one provider of services to be treated as incurred by another. (10) This section imposes duties only for the purpose of determining whether a provider of services has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
Duty of providers of services to make adjustments.
— (1) Where a provider of services has a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled persons to make use of a service which he provides, or is prepared to provide, to other members of the public, it is his duty 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 that practice, policy or procedure so that it no longer has that effect.(a)
remove the feature;
(b)
alter it so that it no longer has that effect;
(c)
provide a reasonable means of avoiding the feature; or
(d)
provide a reasonable alternative method of making the service in question available to disabled persons.
(a)
matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection (2)(c) or (d) is reasonable; and
(b)
categories of providers of services to whom subsection (2) does not apply.
(a)
enable disabled persons to make use of a service which a provider of services provides, or is prepared to provide, to members of the public, or
(b)
facilitate the use by disabled persons of such a service,
(a)
as to circumstances in which it is reasonable for a provider of services to have to take steps of a prescribed description;
(b)
as to circumstances in which it is not reasonable for a provider of services to have to take steps of a prescribed description;
(c)
as to what is to be included within the meaning of “practice, policy or procedure”;
(d)
as to what is not to be included within the meaning of that expression;
(e)
as to things which are to be treated as physical features;
(f)
as to things which are not to be treated as such features;
(g)
as to things which are to be treated as auxiliary aids or services;
(h)
as to things which are not to be treated as auxiliary aids or services.
(a)
aggregate amounts of expenditure incurred in relation to different cases;
(b)
prescribed periods;
(c)
services of a prescribed description;
(d)
premises of a prescribed description; or
(e)
such other criteria as may be prescribed.
S. 21(2) applied (N.I.)(1.10.1999) by S.R. 1999/202, art. 2 S. 21(2) applied (1.10.1999) by S.I. 1999/1191, art. 3 | |
S. 21(4) applied (N.I.)(1.10.1999) by S.R. 1999/202, art. 3 | |
S. 21 partly in force; s. 21 not in force at Royal Assent see s. 70(3); s. 21(3)(5) in force at 26.4.1999 by S.I. 1999/1190, art. 4 and S.R. 1999/196, art. 3; s. 21(1)(2)(d)(4)(6)(10) in force at 1.10.1999 by S.I. 1999/1190, art. 5(g) and S.R. 1999/196, art. 4(g); s. 21(2) in force at 1.10.2004 to the extent that it is not already in force by S.I. 2001/2030, art. 3(a) and S.R. 2001/439, art. 2(a) | |
22. (2) Subsection (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless, for the purpose of disposing of the premises, he— (3) It is unlawful for a person managing any premises to discriminate against a disabled person occupying those premises— (4) It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in, or (in Scotland) the subject of, a tenancy to discriminate against a disabled person by withholding his licence or consent for the disposal of the premises to the disabled person. (5) Subsection (4) applies to tenancies created before as well as after the passing of this Act. (6) In this section— (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.
Discrimination in relation to premises.
— (1) It is unlawful for a person with power to dispose of any premises to discriminate against a disabled person—(a)
in the terms on which he offers to dispose of those premises to the disabled person;
(b)
by refusing to dispose of those premises to the disabled person; or
(c)
in his treatment of the disabled person in relation to any list of persons in need of premises of that description.
(a)
uses the services of an estate agent, or
(b)
publishes an advertisement or causes an advertisement to be published.
(a)
in the way he permits the disabled person to make use of any benefits or facilities;
(b)
by refusing or deliberately omitting to permit the disabled person to make use of any benefits or facilities; or
(c)
by evicting the disabled person, or subjecting him to any other detriment.
“advertisement” includes every form of advertisement or notice, whether to the public or not;
“dispose”, in relation to premises, includes granting a right to occupy the premises, and, in relation to premises comprised in, or (in Scotland) the subject of, a tenancy, includes— (a) assigning the tenancy, and (b) sub-letting or parting with possession of the premises or any part of the premises; and “disposal” shall be construed accordingly;
“estate agent” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises; and
“tenancy” means a tenancy created— (a) by a lease or sub-lease, (b) by an agreement for a lease or sub-lease, (c) by a tenancy agreement, or (d) in pursuance of any enactment.
In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6) | |
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.(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;
(c)
the shared accommodation is not storage accommodation or a means of access; and
(d)
the premises are small premises.
(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.
(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.
“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. (2) For the purposes of this section, treatment is justified only if— (3) The conditions are that— (4) Regulations may make provision, for purposes of this section, as to circumstances in which— (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.
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.
(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.
(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.
(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.
S. 24 wholly in force at 2.12.1996; s. 24 not in force at Royal Assent see s. 70(3); s. 24(5) in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 24(5) in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 24(1)-(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 21(1)-(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II | |
25. 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.
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,
In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6) | |
26. (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— (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.
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
(c)
prevent any person from making a claim under this Part.
(a)
given notice of the application; and
(b)
afforded an opportunity to make representations to the court.
In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6) | |
27. (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— (3) In this section— (4) If the terms and conditions of a lease— 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.
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
(c)
the alteration is one which the occupier proposes to make in order to comply with a section 21 duty.
(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;
(c)
if such an application is made, for the lessor not to withhold his consent unreasonably; and
(d)
for the lessor to be entitled to make his consent subject to reasonable conditions.
“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.
(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,
S. 27 modified (1.10.2004) by S.I. 2001/3253, reg. 9 | |
S. 27 wholly in force at 1.10.2004; s. 27 not in force at Royal Assent see s. 70(3); s. 27(3) wholly in force and s. 27(5) in force for specified purposes (E.W.S.) at 9.5.2001 by S.I. 2001/2030, art. 2(a)(b); s. 27(3) wholly in force and s. 27(5) in force for specified puroses (N.I.) at 31.12.2001 by S.R. 2001/439, art. 2(1)(a)(b); s. 27(1)(2)(4) wholly in force and and s. 27(5) in force to the extent that it is not already in force at 1.10.2004 by S.I. 2001/2030, art. 3(b) and S.R. 2001/439, art. 2(2)(b) | |
[F39 28. (2) In deciding what arrangements (if any) to make, the Commission shall have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes arising under this Part which the parties may wish to refer to conciliation. (3) No member or employee of the Commission may provide conciliation services in relation to disputes arising under this Part. (4) The Commission shall ensure that any arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by a person in connection with the provision of conciliation services in pursuance of the arrangements. (5) Subsection (4) does not apply to information relating to a dispute which is disclosed with the consent of the parties to that dispute. (6) Subsection (4) does not apply to information which— (7) Anything communicated to a person while providing conciliation services in pursuance of any arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it to that person. (8) In this section— “the Commission” means the Equality Commission for Northern Ireland; and “conciliation services” means advice and assistance provided by a conciliator to the parties to a dispute with a view to promoting its settlement otherwise than through the courts.]
Conciliation of disputes.
— (1) The Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to disputes arising under this Part.(a)
is not identifiable with a particular dispute or a particular person; and
(b)
is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned.
[F40 28. (2) In deciding what arrangements (if any) to make, the Commission shall have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes arising under this Part which the parties may wish to refer to conciliation. (3) No member or employee of the Commission may provide conciliation services in relation to disputes arising under this Part. (4) The Commission shall ensure that any arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by a person in connection with the provision of conciliation services in pursuance of the arrangements. (5) Subsection (4) does not apply to information relating to a dispute which is disclosed with the consent of the parties to that dispute. (6) Subsection (4) does not apply to information which— (7) Anything communicated to a person while providing conciliation services in pursuance of any arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it to that person. (8) In this section “conciliation services” means advice and assistance provided by a conciliator to the parties to a dispute with a view to promoting its settlement otherwise than through the courts.]
Conciliation of disputes.
— (1) The Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to disputes arising under this Part.(a)
is not identifiable with a particular dispute or a particular person; and
(b)
is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned.
S. 28 substituted (E.W.S.) (25.4.2000) by 1999 c. 17, s. 10, (with s. 15); S.I. 2000/880, art. 2, Sch. 2 | |
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only | |
s. 28 wholly in force at 30.5.1996; s. 28 not in force at Royal Assent see s. 70(3); s. 28 in force (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(e); s. 28 in force (N.I.) at 30.5.1996 by S.I. 1996/219, art. 3(e) | |
Education
[F41 Chapter 1
SCHOOLS]
Pt. IV: Chapter heading, cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
Pt. IV Ch. 1: Cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[F43 28A (2) It is unlawful for the body responsible for a school to discriminate against a disabled pupil in the education or associated services provided for, or offered to, pupils at the school by that body. (3) The Secretary of State may by regulations prescribe services which are, or services which are not, to be regarded for the purposes of subsection (2) as being— (4) It is unlawful for the body responsible for a school to discriminate against a disabled pupil by excluding him from the school, whether permanently or temporarily. (5) The body responsible for a school is to be determined in accordance with Schedule 4A, and in the remaining provisions of this Chapter is referred to as the “responsible body”. (6) 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.]
Discrimination against disabled pupils and prospective pupils
(1) It is unlawful for the body responsible for a school to discriminate against a disabled person—(a)
in the arrangements it makes for determining admission to the school as a pupil;
(b)
in the terms on which it offers to admit him to the school as a pupil; or
(c)
by refusing or deliberately omitting to accept an application for his admission to the school as a pupil.
(a)
education; or
(b)
an associated service.
S. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[F44 28B (2) For the purposes of section 28A, a responsible body also discriminates against a disabled person if— (3) In relation to a failure to take a particular step, a responsible body does not discriminate against a person if it shows— (4) The taking of a particular step by a responsible body in relation to a person does not amount to less favourable treatment if it shows that at the time in question it did not know, and could not reasonably have been expected to know, that he was disabled. (5) Subsections (6) to (8) apply in determining whether, for the purposes of this section— is justified. (6) Less favourable treatment of a person is justified if it is the result of a permitted form of selection. (7) Otherwise, less favourable treatment, or a failure to comply with section 28C, is justified only if the reason for it is both material to the circumstances of the particular case and substantial. (8) If, in a case falling within subsection (1)— its treatment of that person cannot be justified under subsection (7) unless that treatment would have been justified even if it had complied with that duty.]
Meaning of “discrimination”
(1) For the purposes of section 28A, a responsible body discriminates against a disabled person if—(a)
for a reason which relates to his disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and
(b)
it cannot show that the treatment in question is justified.
(a)
it fails, to his detriment, to comply with section 28C; and
(b)
it cannot show that its failure to comply is justified.
(a)
that, at the time in question, it did not know and could not reasonably have been expected to know, that he was disabled; and
(b)
that its failure to take the step was attributable to that lack of knowledge.
(a)
less favourable treatment of a person, or
(b)
failure to comply with section 28C,
(a)
the responsible body is under a duty imposed by section 28C in relation to the disabled person, but
(b)
it fails without justification to comply with that duty,
S. 28B inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 12 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[F45 28C (2) That does not require the responsible body to— (3) Regulations may make provision, for the purposes of this section— (4) In considering whether it is reasonable for it to have to take a particular step in order to comply with its duty under subsection (1), a responsible body must have regard to any relevant provisions of a code of practice issued under section 53A. (5) Subsection (6) applies if, in relation to a person, a confidentiality request has been made of which a responsible body is aware. (6) In determining whether it is reasonable for the responsible body to have to take a particular step in relation to that person in order to comply with its duty under subsection (1), regard shall be had to the extent to which taking the step in question is consistent with compliance with that request. (7) “Confidentiality request” means a request which asks for the nature, or asks for the existence, of a disabled person’s disability to be treated as confidential and which satisfies either of the following conditions— (8) This section imposes duties only for the purpose of determining whether a responsible body has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.]
Disabled pupils not to be substantially disadvantaged
(1) The responsible body for a school must take such steps as it is reasonable for it to have to take to ensure that—(a)
in relation to the arrangements it makes for determining the admission of pupils to the school, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled; and
(b)
in relation to education and associated services provided for, or offered to, pupils at the school by it, disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.
(a)
remove or alter a physical feature (for example, one arising from the design or construction of the school premises or the location of resources); or
(b)
provide auxiliary aids or services.
(a)
as to circumstances in which it is reasonable for a responsible body to have to take steps of a prescribed description;
(b)
as to steps which it is always reasonable for a responsible body to have to take;
(c)
as to circumstances in which it is not reasonable for a responsible body to have to take steps of a prescribed description;
(d)
as to steps which it is never reasonable for a responsible body to have to take.
(a)
it is made by that person’s parent; or
(b)
it is made by that person himself and the responsible body reasonably believes that he has sufficient understanding of the nature of the request and of its effect.
[F46 28D (2) An accessibility strategy is a strategy for, over a prescribed period— (3) An accessibility strategy must be in writing. (4) Each local education authority must keep their accessibility strategy under review during the period to which it relates and, if necessary, revise it. (5) It is the duty of each local education authority to implement their accessibility strategy. (6) An inspection under section 38 of the Education Act 1997 (inspections of local education authorities) may extend to the performance by a local education authority of their functions in relation to the preparation, review, revision and implementation of their accessibility strategy. (7) Subsections (8) to (13) apply to— (8) The responsible body must prepare— (9) An accessibility plan is a plan for, over a prescribed period— (10) An accessibility plan must be in writing. (11) During the period to which the plan relates, the responsible body must keep its accessibility plan under review and, if necessary, revise it. (12) It is the duty of the responsible body to implement its accessibility plan. (13) An inspection under the School Inspections Act 1996 may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan. (14) For a maintained school, the duties imposed by subsections (8) to (12) are duties of the governing body. (15) Regulations may prescribe services which are, or services which are not, to be regarded for the purposes of this section as being— (16) In this section and in section 28E, “local education authority” has the meaning given in section 12 of the Education Act 1996. (17) In relation to Wales— (18) “Disabled pupil” includes a disabled person who may be admitted to the school as a pupil. (19) “Maintained school” and “independent school” have the meaning given in section 28Q(5).]
Accessibility strategies and plans
(1) Each local education authority must prepare, in relation to schools for which they are the responsible body—(a)
an accessibility strategy;
(b)
further such strategies at such times as may be prescribed.
(a)
increasing the extent to which disabled pupils can participate in the schools’ curriculums;
(b)
improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the schools; and
(c)
improving the delivery to disabled pupils— (i) within a reasonable time, and (ii) in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents, of information which is provided in writing for pupils who are not disabled.
(a)
maintained schools;
(b)
independent schools; and
(c)
special schools which are not maintained special schools but which are approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996.
(a)
an accessibility plan;
(b)
further such plans at such times as may be prescribed.
(a)
increasing the extent to which disabled pupils can participate in the school’s curriculum;
(b)
improving the physical environment of the school for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and associated services provided or offered by the school; and
(c)
improving the delivery to disabled pupils— (i) within a reasonable time, and (ii) in ways which are determined after taking account of their disabilities and any preferences expressed by them or their parents, of information which is provided in writing for pupils who are not disabled.
(a)
education; or
(b)
an associated service.
“prescribed” means prescribed in regulations; and
“regulations” means regulations made by the National Assembly.
S. 28D inserted (E.W.S.) (1.7.2002 for specified purposes and otherwise 1.9.2002 for E.S.; andprosp. for W.) by 2001 c. 10, ss. 14(1), 43(3) (with s. 43(13)); S.I. 2002/1721, art. 4, Sch. Pt. II; S.I. 2002/2217, art. 4, Sch. 1 Pt. II | |
S. 28D(1)-(3)(5)(6): Functions of a local education authority made exercisable by authorised persons (E.) (1.4.2002) by S.I. 2002/928, art. 3, Sch. 3 para. (r) | |
[F47 28E (2) A local education authority must have regard to any guidance issued as to compliance with the requirements of section 28D(4). (3) Guidance under subsection (1)(b) or (2) may be issued— (4) In preparing an accessibility plan, the responsible body must have regard to the need to allocate adequate resources for implementing the plan. (5) If the Secretary of State asks for a copy of— the strategy or plan must be given to him. (6) If the National Assembly asks for a copy of— the strategy or plan must be given to it. (7) If asked to do so, a local education authority must make a copy of their accessibility strategy available for inspection at such reasonable times as they may determine. (8) If asked to do so, the proprietor of an independent school which is not [F50 an Academy] must make a copy of his accessibility plan available for inspection at such reasonable times as he may determine.]
Accessibility strategies and plans: procedure
(1) In preparing their accessibility strategy, a local education authority must have regard to—(a)
the need to allocate adequate resources for implementing the strategy; and
(b)
any guidance issued as to— (i) the content of an accessibility strategy; (ii) the form in which it is to be produced; and (iii) the persons to be consulted in its preparation.
(a)
for England, by the Secretary of State; and
(b)
for Wales, by the National Assembly.
(a)
the accessibility strategy prepared by a local education authority in England, or
(b)
the accessibility plan prepared by the proprietor of an independent school (other than [F48 an Academy]) in England,
(a)
the accessibility strategy prepared by a local education authority in Wales, or
(b)
the accessibility plan prepared by the proprietor of an independent school [F49 (other than an Academy)] in Wales,
S. 28E inserted (E.W.S.) (1.7.2002 for specified purposes and otherwise 1.9.2002 for E.S. andprosp. for W.) by 2001 c. 10, ss. 15, 43(3) (with s. 43(13)); S.I. 2002/1721, art. 4, Sch. Pt. II; S.I. 2002/2217, art. 4, Sch. 1 Pt. II | |
Words in s. 28E(5)(b) substituted (26.7.2002) by 2002 c. 32, s. 65, Sch. 7 para. 5(2)(a) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2 | |
Words in s. 28E(6)(b) inserted (26.7.2002) by 2002 c. 32, s. 65, Sch. 7 para. 5(2)(b) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2 | |
Words in s. 28E(8) substituted (26.7.2002) by 2002 c. 32, s. 65, Sch. 7 para. 5(2)(c) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2 | |
[F51 Residual duty of education authorities]
Pt. IV Ch. 1: Cross-heading and ss. 28F, 28G inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[F52 28F (2) But it does not apply to any prescribed function. (3) In discharging a function to which this section applies, it is unlawful for the authority to discriminate against— (4) But an act done in the discharge of a function to which this section applies is unlawful as a result of subsection (3) only if no other provision of this Chapter makes that act unlawful. (5) 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. (6) In this section and section 28G, “local education authority” has the meaning given in section 12 of the Education Act 1996. (7) “The Education Acts” has the meaning given in section 578 of the Education Act 1996. (8) In this section and section 28G, “education authority” has the meaning given in section 135(1) of the Education (Scotland) Act 1980.]
Duty of education authorities not to discriminate
(1) This section applies to—(a)
the functions of a local education authority under the Education Acts; and
(b)
the functions of an education authority under— (i) the Education (Scotland) Act 1980; (ii) the Education (Scotland) Act 1996; and (iii) the Standards in Scotland’s Schools etc. Act 2000.
(a)
a disabled pupil; or
(b)
a disabled person who may be admitted to a school as a pupil.
S. 28F inserted (E.W.S) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[ F53 28G (2) Each authority must take such steps as it is reasonable for it to have to take to ensure that, in discharging any function to which section 28F applies— (3) That does not require the authority to— (4) This section imposes duties only for the purpose of determining whether an authority has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such. (5) A reference in sections 28I, 28K(1), 28M(6) and 28P to a responsible body is to be read as including a reference to a local education authority in relation to a function to which section 28F applies. (6) A reference in section 28N and 28P to a responsible body is to be read as including a reference to an education authority in relation to a function to which section 28F applies. (7) “Authority” means—
Residual duty: supplementary provisions
(1) Section 28B applies for the purposes of section 28F as it applies for the purposes of section 28A with the following modifications—(a)
references to a responsible body are to be read as references to an authority; and
(b)
references to section 28C are to be read as references to subsections (2) to (4).
(a)
disabled persons who may be admitted to a school as pupils are not placed at a substantial disadvantage in comparison with persons who are not disabled; and
(b)
disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.
(a)
remove or alter a physical feature; or
(b)
provide auxiliary aids or services.
(a)
in relation to England and Wales, a local education authority; and
(b)
in relation to Scotland, an education authority.]
S. 28G inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[F54 Enforcement: England and Wales]
Pt. IV Ch. 1: Cross-heading and s. 28H inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 17(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[ F56 28H [F57 (2) In this Chapter— (3) In addition to the jurisdiction of those tribunals under Part 4 of the Education Act 1996, each of them is to exercise the jurisdiction conferred on it by this Chapter.] (3) In addition to its jurisdiction under Part 4 of the Education Act 1996, the Tribunal is to exercise the jurisdiction conferred on it by this Chapter. (4) “Commencement date” means the day on which section 17 of the Special Educational Needs and Disability Act 2001 comes into force.]
[F55 Tribunals]
(1) The Special Educational Needs Tribunal—(a)
is to continue to exist; but
(b)
after the commencement date is to be known as the Special Educational Needs and Disability Tribunal.
“the Tribunal” means the Special Educational Needs and Disability Tribunal, and
“the Welsh Tribunal” means the Special Educational Needs Tribunal for Wales.
S. 28H heading substituted (31.3.2003 for certain purposes otherwise 1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 8(2) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, arts. 5, 6, Sch. Pt. II, III | |
S. 28H inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 17(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
S. 28H(2)(3) substituted (31.3.2003 for certain purposes otherwise 1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 8(1) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, arts. 5, 6, Sch. Pt. II, III | |
[F58 28I may be made to the [F59 appropriate tribunal] by A’s parent. (2) But this section does not apply to a claim to which section 28K or 28L applies. (3) If the [F59 appropriate tribunal] considers that a claim under subsection (1) is well founded— (4) The power conferred by subsection (3)(b)— [F60 (5) Subject to regulations under section 28J(8), the appropriate tribunal—
Jurisdiction and powers of the Tribunal
(1) A claim that a responsible body—(a)
has discriminated against a person ( “A”) in a way which is made unlawful under this Chapter, or
(b)
is by virtue of section 58 to be treated as having discriminated against a person ( “A”) in such a way,
(a)
it may declare that A has been unlawfully discriminated against; and
(b)
if it does so, it may make such order as it considers reasonable in all the circumstances of the case.
(a)
may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person concerned of any matter to which the claim relates; but
(b)
does not include power to order the payment of any sum by way of compensation.
(a)
for a claim against the responsible body for a school in England, is the Tribunal,
(b)
for a claim against the responsible body for a school in Wales, is the Welsh Tribunal.]]
S. 28I inserted (1.9.2002) by 2001 c. 10, s. 18 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
Words in s. 28I(1)(3) substituted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 9(2) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III | |
S. 28I(5) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 9(3) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III | |
[F61 28J (2) The regulations may, in particular, include provision— [F62 (2A) If made with the agreement of the National Assembly, the regulations apply to the Welsh Tribunal as they apply to the Tribunal, subject to such modifications as may be specified in the regulations.] (3) Proceedings before the Tribunal [F63 or the Welsh Tribunal] are to be held in private, except in prescribed circumstances. F64 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The Secretary of State may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal [F63 or the Welsh Tribunal] as he may, with the consent of the Treasury, determine. (6) In relation to [F65 the Welsh Tribunal], the power conferred by subsection (5) may be exercised only with the agreement of the National Assembly. (7) Part 1 of the Arbitration Act 1996 does not apply to proceedings before the Tribunal [F63 or the Welsh Tribunal] but regulations may make provision, in relation to such proceedings, corresponding to any provision of that Part. (8) The regulations may make provision for a claim under this Chapter to be heard, in prescribed circumstances, with an appeal under Part 4 of the Education Act 1996 [F66 , including provision— (9) A person who without reasonable excuse fails to comply with— is guilty of an offence. (10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (11) Part 3 of Schedule 3 makes further provision about enforcement of this Chapter and about procedure.]
Procedure
(1) Regulations may make provision about—(a)
the proceedings of the Tribunal on a claim of unlawful discrimination under this Chapter; and
(b)
the making of a claim.
(a)
as to the manner in which a claim must be made;
(b)
if the jurisdiction of the Tribunal is being exercised by more than one tribunal— (i) for determining by which tribunal any claim is to be heard, and (ii) for the transfer of proceedings from one tribunal to another;
(c)
for enabling functions which relate to matters preliminary or incidental to a claim (including, in particular, decisions under paragraph 10(3) of Schedule 3) to be performed by the President, or by the chairman;
(d)
enabling hearings to be conducted in the absence of any member other than the chairman;
(e)
as to the persons who may appear on behalf of the parties;
(f)
for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by a county court;
(g)
requiring persons to attend to give evidence and produce documents;
(h)
for authorising the administration of oaths to witnesses;
(i)
for the determination of claims without a hearing in prescribed circumstances;
(j)
as to the withdrawal of claims;
(k)
for enabling the Tribunal to stay proceedings on a claim;
(l)
for the award of costs or expenses;
(m)
for taxing or otherwise settling costs or expenses (and, in particular, for enabling costs to be taxed in the county court);
(n)
for the registration and proof of decisions and orders; and
(o)
for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be determined in accordance with the regulations.
(a)
for determining the appropriate tribunal for the purposes of section 28I for such a claim, and
(b)
for the transfer of proceedings between the Tribunal and the Welsh Tribunal.]
(a)
a requirement in respect of the disclosure or inspection of documents imposed by the regulations by virtue of subsection (2)(f), or
(b)
a requirement imposed by the regulations by virtue of subsection (2)(g),
S. 28J inserted (1.7.2002 for certain purposes otherwise 1.9.2002) by 2001 c. 10, s. 19(1) (with s. 43(13)); S.I. 2002/1721, art. 3, Sch. Pt. I; S.I. 2002/2217, art. 3, Sch. 1 Pt. I | |
S. 28J(2A) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 10(2) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III | |
Words in s. 28J(3)(5)(7) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 10(3)(5)(7) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III | |
S. 28J(4) repealed (1.9.2003) by 2002 c. 32, ss. 195, 215(2), Sch. 18 para. 10(4), Sch. 22 Pt. II (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III | |
Words in s. 28J(6) substituted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 10(6) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III | |
S. 28J(8)(a)(b) and the preceding words inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 10(8) (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III | |
[F67 28K (2) The condition is that arrangements ( “appeal arrangements”) have been made— enabling an appeal to be made against the decision by A’s parent. (3) The claim must be made under the appeal arrangements. (4) The body hearing the claim has the powers which it has in relation to an appeal under the appeal arrangements. (5) “Admissions decision” means—
Admissions
(1) If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an admissions decision that a responsible body—(a)
has discriminated against a person ( “A”) in a way which is made unlawful under this Chapter; or
(b)
is by virtue of section 58 to be treated as having discriminated against a person ( “A”) in such a way.
(a)
under section 94 of the School Standards and Framework Act 1998, or
(b)
under an agreement entered into between the responsible body for [F68 an Academy] and the Secretary of State under section 482 of the Education Act 1996,
(a)
a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998;
(b)
a decision as to the admission of a person to [F68 an Academy] taken by the responsible body or on its behalf.]
[F69 28L (2) The condition is that arrangements ( “appeal arrangements”) have been made— enabling an appeal to be made against the decision by A or by his parent. (3) The claim must be made under the appeal arrangements. (4) The body hearing the claim has the powers which it has in relation to an appeal under the appeal arrangements. (5) “Exclusion decision” means— (6) “Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under paragraph 4 of Schedule 11 to the School Standards and Framework Act 1998. (7) “Maintained school” has the meaning given in section 28Q(5).]
Exclusions
(1) If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an exclusion decision that a responsible body—(a)
has discriminated against a person ( “A”) in a way which is made unlawful under this Chapter; or
(b)
is by virtue of section 58 to be treated as having discriminated against a person ( “A”) in such a way.
(a)
(b)
under an agreement entered into between the responsible body for [F71 an Academy] and the Secretary of State under section 482 of the Education Act 1996,
(a)
(b)
a decision not to reinstate a pupil who has been permanently excluded from [F71 an Academy] by its head teacher, taken by the responsible body or on its behalf.
S. 28L inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 21 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
Words in s. 28L(2)(a)(5)(a) substituted (20.1.2003 for E. and otherwiseprosp.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 27(2) (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 | |
Words in s. 28L(2)(b)(5)(b) substituted (26.7.2002) by 2002 c. 32, s. 65, Sch. 7 para. 5(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2 | |
[F72 28M it may give that body such directions as to the discharge of the duty as appear to it to be expedient. (2) Subsection (3) applies in relation to— (3) If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body— it may give that body such directions as to the discharge of the duty as appear to it to be expedient. (4) Directions may be given under subsection (1) or (3) even if the performance of the duty is contingent upon the opinion of the responsible body. (5) Subsection (6) applies if the Tribunal [F73 or the Welsh Tribunal] has made an order under section 28I(3). (6) If the Secretary of State is satisfied (whether on a complaint or otherwise) that the responsible body concerned— he may give that body such directions as to compliance with the order as appear to him to be expedient. (7) Directions given under subsection (1), (3) or (6)— (8) “Appropriate authority” means— (9) “Directing authority” means—
Roles of the Secretary of State and the National Assembly
(1) If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—(a)
has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under section 28D or 28E, or
(b)
has failed to discharge a duty imposed by or under either of those sections,
(a)
special schools which are not maintained special schools but which are approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996; and
(b)
city academies.
(a)
has acted, or is proposing to act, unreasonably in the discharge of a duty which that body has in relation to— (i) the provision to the appropriate authority of copies of that body’s accessibility plan, or (ii) the inspection of that plan, or
(b)
has failed to discharge that duty,
(a)
has acted, or is proposing to act, unreasonably in complying with the order, or
(b)
has failed to comply with the order,
(a)
may be varied or revoked by the directing authority; and
(b)
may be enforced, on the application of the directing authority, by a mandatory order obtained in accordance with section 31 of the Supreme Court Act 1981.
(a)
in relation to England, the Secretary of State; and
(b)
in relation to Wales, the National Assembly.
(a)
the Secretary of State in relation to a direction given by him; and
(b)
the National Assembly in relation to a direction given by it.]
S. 28M inserted (E.W.S.) (1.9.2002 for certain purposes otherwiseprosp.) by 2001 c. 10, ss. 22, 43(3) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
Words in s. 28M(5) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 11 (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III | |
[F74 Enforcement: Scotland]
Pt. IV Ch. 1: Cross-heading and s. 28N inserted (1.9.2002) by 2001 c. 10, s. 23 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[ F75 28N may be made the subject of civil proceedings in the same way as any other claim for the enforcement of a statutory duty. (2) Proceedings in Scotland may be brought only in a sheriff court. (3) The remedies available in such proceedings are those which are available in the Court of Session other than an award of damages. (4) Part 3 of Schedule 3 makes further provision about the enforcement of this Chapter and about procedure. (5) In relation to civil proceedings in Scotland, in that Part of that Schedule—
Civil proceedings
(1) A claim that a responsible body in Scotland—(a)
has discriminated against a person in a way which is unlawful under this Chapter, or
(b)
is by virtue of section 58 to be treated as having discriminated against a person in such a way,
(a)
references to sections 28I, 28K and 28L, or any of them, are to be construed as a reference to this section;
(b)
references to the Tribunal are to be construed as references to the sheriff court.]
S. 28N inserted (1.9.2002) by 2001 c. 10, s. 23 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[F76 Agreements relating to enforcement]
Pt. IV Ch. 1: Cross-heading and s. 28P inserted (1.9.2002) by 2001 c. 10, s. 24 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[ F77 28P (2) Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim— (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 may be made unless all persons affected have been— (5) Subsection (4) applies subject to any rules of court providing for notice to be dispensed with. (6) An order under subsection (3) may include provision as respects any period before the making of the order.]
Validity and revision of agreements of responsible bodies
(1) Any term in a contract or other agreement made by or on behalf of a responsible body 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 Chapter;
(b)
exclude or limit the operation of any provision of, or made under, this Chapter; or
(c)
prevent any person from making a claim under this Chapter.
(a)
under section 28I or 28N; or
(b)
to which section 28K or 28L applies.
(a)
given notice of the application; and
(b)
afforded an opportunity to make representations to the court.
S. 28P inserted (1.9.2002) by 2001 c. 10, s. 24 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[F78 Interpretation of Chapter 1]
Pt. IV Ch. 1: Cross-heading and s. 28Q inserted (1.9.2002) by 2001 c. 10, s. 25 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[ F79 28Q (2) “Disabled pupil” means a pupil who is a disabled person. (3) “Pupil”—(a) in relation to England and Wales, has the meaning given in section 3(1) of the Education Act 1996; and
(4) Except in relation to Scotland (when it has the meaning given in section 135(1) of the Education (Scotland) Act 1980) “school” means— (5) In subsection (4)— (6) “Responsible body” has the meaning given in section 28A(5). (7) “Governing body”, in relation to a maintained school, means the body corporate (constituted in accordance with Schedule 9 to the School Standards and Framework Act 1998) which the school has as a result of section 36 of that Act. (8) “Parent”—(a) in relation to England and Wales, has the meaning given in section 576 of the Education Act 1996; and
(9) In relation to England and Wales “permitted form of selection” means— (10) In relation to Scotland, “permitted form of selection” means— (11) In subsection (10), “education authority”, “independent school” and “self-governing school” have the meaning given in section 135(1) of the Education (Scotland) Act 1980. [F80 (12) “City academy” means a school which is known as a city academy as a result of subsection (3) or (3A) of section 482 of the Education Act 1996.] (13) “Accessibility strategy” and “accessibility plan” have the meaning given in section 28D. (14) “The National Assembly” means the National Assembly for Wales.]
Interpretation
(1) This section applies for the purpose of interpreting this Chapter.(b)
in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.
(a)
a maintained school;
(b)
a maintained nursery school;
(c)
an independent school;
(d)
a special school which is not a maintained special school but which is approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996;
(e)
a pupil referral unit.
“maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998;
“maintained nursery school” has the meaning given in section 22(9) of the School Standards and Framework Act 1998;
“independent school” has the meaning given in section 463 of the Education Act 1996; and
“pupil referral unit” has the meaning given in section 19(2) of the Education Act 1996.
(b)
in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.
(a)
if the school is a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, any form of selection mentioned in section 99(2) or (4) of that Act;
(b)
if the school is a maintained school which is so designated, any of its selective admission arrangements;
(c)
if the school is an independent school, any arrangements which make provision for any or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.
(a)
if the school is managed by an education authority, such arrangements as have been approved by the Scottish Ministers for the selection of pupils for admission;
(b)
if the school is an independent school or a self-governing school, any arrangements which make provision for any or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.
S. 28Q inserted (1.9.2002) by 2001 c. 10, s. 25 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
S. 28Q(12) ceased to have effect (26.7.2002) and repealed (26.7.2002 for E.S and otherwiseprosp.) by 2002 c. 32, s. 65, 215(2), 216, Sch. 7 para. 5(5), Sch. 22 Pt. III (with ss. 210(8), 214(4)); S.I. 2002/2002, arts. 2, 3 | |
[F81 Chapter 2
FURTHER AND HIGHER EDUCATION]
Pt. IV Ch. 2: Chapter heading, cross-heading and s. 28R inserted (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
Pt. IV Ch. 2: Cross-heading and s. 28R inserted (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13)); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1 | |
[ F83 28R
Discrimination against disabled students and prospective students
(1) It is unlawful for the body responsible for an educational institution to discriminate against a disabled person—(a)
in the arrangements it makes for determining admissions to the institution;
Act restricted (8.8.1998) by S.I. 1996/1919 (N.I. 16), art. 160(1)(b) (as substituted (8.8.1998) by S.I. 1998/1265 (N.I. 8), arts. 1(2), 15(3); S.R. 1998/274, art. 2(1), Sch. 1 (with savings and transitional provisions in art. 3))
Act: transfer of certain functions (N.I.) (1.12.1999) by S.R. 1999/481, art. 8(a), Sch. 6 Pt. I
Act (except ss. 8, 9(4)(d), 10(2)(b)): transfer of certain functions (N.I.)(1.12.1999) by S.R. 1999/481, art. 4(a), Sch. 2 Pt. I