Disability Discrimination Act 1995

49H Conciliation of disputes

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49I Conciliation of disputes: rented housing in Scotland

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51 Codes of practice prepared by the Council.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings. (4) A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, or a county court. (5) If any provision of a code appears to a tribunal or court to be relevant to any question arising in any proceedings under this Act, it shall be taken into account in determining that question. (6) In this section and section 52 “code” means a code issued by a Northern Ireland department under this section and includes a code which has been altered and re-issued.

52 Further provision about codes issued under section 51.

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53A Codes of practice.

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54A Codes of practice.

(1) The Commission may prepare and issue codes of practice giving practical guidance on how to avoid acts which are unlawful under Part II or III of this Act or Part III of the 2005 Order, or on any other matter relating to the operation of any provision of Part II or III of this Act or Part III of the 2005 Order, to— (a) employers; (b) service providers; (ba) public authorities within the meaning given by section 21B; (bb) associations to which section 21F applies; (c) bodies which are responsible bodies for the purposes of Chapter I or II of Part III of the 2005 Order; or (d) other persons to whom the provisions of Part II or III of this Act or Part III of the 2005 Order apply. (1A) The Commission may also prepare and issue codes of practice giving practical guidance to any persons on any other matter with a view to— (a) promoting the equalisation of opportunities for disabled persons and persons who have had a disability; or (b) encouraging good practice in the way such persons are treated, in any field of activity regulated by any provision of Part II or III of this Act or Part III of the 2005 Order. (1B) Neither subsection (1) nor (1A) applies in relation to any duty imposed by or under Article 17 or 18 of the 2005 Order. (1C) The Commission may prepare and issue codes of practice giving practical guidance to persons subject to duties under section 49A on how to perform those duties. (1D) The Commission may prepare and issue codes of practice giving practical guidance to landlords and tenants as to— (a) circumstances in which a tenant requires the consent of his landlord for making a relevant improvement to a dwelling house; (b) circumstances in which it is unreasonable to withhold such consent; (c) the application of the improvement provisions in relation to relevant improvements to dwelling houses. (1E) In subsection (1D) the improvement provisions are— (a) Article 42(e) of the Rent (Northern Ireland) Order 1978 (NI 20); (b) Article 34 of the Housing (Northern Ireland) Order 1983 (NI 15); (c) Article 49C. (2) The Commission shall, when requested to do so by the Office, prepare a code of practice dealing with the matters specified in the request. (3) In preparing a code of practice the Commission shall carry out such consultations as it considers appropriate (which shall include the publication for public consultation of proposals relating to the code). (4) The Commission may not issue a code of practice unless— (a) a draft of it has been submitted to and approved by the Office and laid by the Office before the Assembly; and (b) the statutory period has elapsed without the Assembly resolving not to approve the draft. (5) If the Office does not approve a draft code of practice submitted to it the Office shall give the Commission a written statement of its reasons. (6) A code of practice issued by the Commission— (a) shall come into effect on such day as the Office may by order appoint; (b) may be revised in whole or part, and re-issued, by the Commission; and (c) may be revoked by an order made by the Office at the request of the Commission. (7) Where the Commission proposes to revise a code of practice— (a) it shall comply with subsection (3) in relation to the revisions; and (b) the other provisions of this section apply to the revised code of practice as they apply to a new code of practice. (8) Failure to observe any provision of a code of practice does not of itself make a person liable to any proceedings, but any provision of a code which appears to a court or tribunal to be relevant to any question arising in any proceedings under Part II , III or VA , or any proceedings relating to a relevant improvement, or Part III of the 2005 Order shall be taken into account in determining that question. (9) In this section— “code of practice” means a code of practice under this section; “the Commission” means the Equality Commission for Northern Ireland; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “the Office” means the Office of the First Minister and deputy First Minister; and “relevant improvement” means an improvement (within the meaning of section 49C(9)) to premises which, having regard to the disability which a disabled person who lawfully occupies or is intended lawfully the premises has, is likely to facilitate his enjoyment of the premises. “statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954. (10) Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to— (a) any matter relating to the operation of any provision of Chapter I or III of Part III of the 2005 Order; or (b) any field of activity regulated by any such provision, any reference in this section to the Office shall be read as a reference to the Department of Education. (11) Subject to subsection (12), in relation to a code of practice giving practical guidance wholly or mainly as to— (a) any matter relating to the operation of any provision of Chapter II of Part III of the 2005 Order; or (b) any field of activity regulated by any such provision, any reference in this section to the Office shall be read as a reference to the Department for the Economy. (12) Practical guidance which but for this subsection would fall to be contained in separate codes of practice by virtue of subsections (10) and (11) may be contained in a single code of practice; and in relation to any such code of practice any reference in this section to the Office shall be read as a reference to the Department of Education and the Department for the Economy, acting jointly.

53 Codes of practice prepared by the Secretary of State.

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54 Further provision about codes issued under section 53.

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55 Victimisation.

(1)F or the purposes of Part II or Part III (other than sections 24A to 24L), a person (“A”) discriminates against another person (“B”) if— (a) he treats B less favourably than he treats or would treat other persons whose circumstances are the same as B’s; and (b) he does so for a reason mentioned in subsection (2). (2) The reasons are that— (a) B has— (i) brought proceedings against A or any other person under this Act or Part III of the 2005 Order ; or (ii) given evidence or information in connection with such proceedings brought by any person; or (iii) otherwise done anything under , or by reference to, this Act or Part III of the 2005 Order in relation to A or any other person; or (iv) alleged that A or any other person has (whether or not the allegation so states) contravened this Act or Part III of the 2005 Order ; or (b) A believes or suspects that B has done or intends to do any of those things. (3) Where B is a disabled person, or a person who has had a disability, the disability in question shall be disregarded in comparing his circumstances with those of any other person for the purposes of subsection (1)(a). (3A) For the purposes of Chapter I of Part III of the 2005 Order— (a) references in subsection (2) to B include references to— (i) a person who is, for the purposes of that Chapter, B's parent; and (ii) a sibling of B; and (b) references in that subsection to this Act or Part III of the 2005 Order are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), to be read as references to that Chapter. (4) Subsection (1) does not apply to treatment of a person because of an allegation made by him if the allegation was false and not made in good faith. (5) In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, 4G, 6A, 7A, 13, 14A, 14C , 15B and 16A also apply to discrimination against a person who is not disabled. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56 Help for aggrieved persons in obtaining information etc.

(1) For the purposes of this section— (a) a person who considers that he may have been— (i) discriminated against in contravention of Part II or III, or (ii) subjected to harassment in contravention of Part II or section 21A(2), is referred to as “the person aggrieved”; and (b) a person against whom the person aggrieved may decide to institute, or has instituted, proceedings in respect of such discrimination or harassment is referred to as “the respondent”. (2) With a view to helping the person aggrieved decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the Office shall by order prescribe— (a) forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and (b) forms by which the respondent may if he so wishes reply to any questions. (3) Where the person aggrieved questions the respondent in accordance with forms prescribed by an order under subsection (2)— (a) the question, and any reply by the respondent (whether in accordance with such an order or not), shall be admissible as evidence in any proceedings under Part II or III; (b) if it appears to the court or tribunal in any such proceedings— (i) that the respondent deliberately, and without reasonable excuse, omitted to reply within the period of eight weeks beginning with the day on which the question was served on him, or (ii) that the respondent's reply is evasive or equivocal, it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent committed an unlawful act. (4) The Office may by order— (a) prescribe the period within which questions must be duly served in order to be admissible under subsection (3)(a); and (b) prescribe the manner in which a question, and any reply by the respondent, may be duly served. (5) County court rules may enable a court entertaining a claim under section 25 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not. (6) In proceedings in respect of a section 21B claim, subsection (3)(b) does not apply in relation to a failure to reply, or a particular reply, if the following conditions are met— (a) that at the time of doing any relevant act, the respondent was carrying out public investigator functions or was a public prosecutor; and (b) that the respondent reasonably believes that a reply or (as the case may be) a different reply would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings or any criminal proceedings or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings. (7) The Office may by regulations provide for this section not to have effect, or to have effect with prescribed modifications, in relation to section 21B claims of a prescribed description. (8) This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court or industrial tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings. (9) In this section “section 21B claim” means a claim under section 25 by virtue of section 21B.

57 Aiding unlawful acts.

(1) A person who knowingly aids another person to do an unlawful actact made unlawful by this Act is to be treated for the purposes of this Act as himself doing the same kind of unlawful act. (2) For the purposes of subsection (1), an employee or agent for whose act the employer or principal is liable under section 58 (or would be so liable but for section 58(5)) shall be taken to have aided the employer or principal to do the act. (3) For the purposes of this section, a person does not knowingly aid another to do an unlawful act if— (a) he acts in reliance on a statement made to him by that other person that, because of any provision of this Act, the act would not be unlawful; and (b) it is reasonable for him to rely on the statement. (4) A person who knowingly or recklessly makes such a statement which is false or misleading in a material respect is guilty of an offence. (5) Any person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (6) “Unlawful act” means an act made unlawful by any provision of this Act other than a provision contained in Chapter 1 of Part 4.

58 Liability of employers and principals.

(1) Anything done by a person in the course of his employment shall be treated for the purposes of this Act as also done by his employer, whether or not it was done with the employer’s knowledge or approval. (2) Anything done by a person as agent for another person with the authority of that other person shall be treated for the purposes of this Act as also done by that other person. (3) Subsection (2) applies whether the authority was— (a) express or implied; or (b) given before or after the act in question was done. (4) Subsections (1) and (2) do not apply in relation to an offence under section 57(4). (5) In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of his, it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from— (a) doing that act; or (b) doing, in the course of his employment, acts of that description.

59 Statutory authority and national security etc.

(1) Nothing in this Act makes unlawful any act done— (a) in pursuance of any enactment; or (b) in pursuance of any instrument made under any enactment by— (i) a Minister of the Crown, (ii) a member of the Scottish Executive, . . . (iii) the National Assembly for Wales constituted by the Government of Wales Act 1998, or (iv) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government. or (c) to comply with any condition or requirement— (i) imposed by a Minister of the Crown (whether before or after the passing of this Act) by virtue of any enactment, (ii) imposed by a member of the Scottish Executive (whether before or after the coming into force of this sub-paragraph) by virtue of any enactment, . . . (iii) imposed by the National Assembly for Wales constituted by the Government of Wales Act 1998(whether before or after the coming into force of this sub-paragraph) by virtue of any enactment or (iv) imposed by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government. (2) In subsection (1) “enactment” includes one passed or made after the date on which this Act is passed and “instrument” includes one made after that date. (2A) Nothing in – (a) Part II, or (b) Part III to the extent that it relates to the provision of employment services, makes unlawful any act done for the purpose of safeguarding national security if the doing of the act was justified by that purpose. (2A) Nothing in— (a) Part 2 of this Act, or (b) Part 3 of this Act to the extent that it relates to the provision of employment services, makes unlawful any act done for the purpose of safeguarding national security if the doing of the act was justified by that purpose. (3) Nothing in any other provision of this Act makes unlawful any act done for the purpose of safeguarding national security.

59A National security

(1) Rules of court may make provision for enabling a county court or sheriff court in which a claim is brought in respect of alleged discrimination contrary to this Act (including anything treated by virtue of this Act as amounting to discrimination contrary to this Act), where the court considers it expedient in the interests of national security— (a) to exclude from all or part of the proceedings— (i) the claimant; (ii) the claimant's representatives; (iii) any assessors; (b) to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded; (c) to take steps to keep secret all or part of the reasons for the court's decision in the proceedings. (2) The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, proceedings from which the claimant or his representatives are excluded by virtue of subsection (1). (3) A person may be appointed under subsection (2) only— (a) in relation to proceedings in England and Wales, if he has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41)), or (b) in relation to proceedings in Scotland, if he is— (i) an advocate, or (ii) qualified to practice as a solicitor in Scotland. (4) A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.

60 Appointment by Secretary of State of advisers.

(1) The Secretary of State may appoint such persons as he thinks fit to advise or assist him in connection with matters relating to the employment of disabled persons and persons who have had a disability. (2) Persons may be appointed by the Secretary of State to act generally or in relation to a particular area or locality. (3) The Secretary of State may pay to any person appointed under this section such allowances and compensation for loss of earnings as he considers appropriate. (4) The approval of the Treasury is required for any payment under this section. (5) In subsection (1) “employment” includes self-employment. (6) The Secretary of State may by order— (a) provide for section 17 of, and Schedule 2 to, the Disabled Persons (Employment) Act 1944 (national advisory council and district advisory committees) to cease to have effect— (i) so far as concerns the national advisory council; or (ii) so far as concerns district advisory committees; or (b) repeal that section and Schedule. (7) At any time before the coming into force of an order under paragraph (b) of subsection (6), section 17 of the Act of 1944 shall have effect as if in subsection (1), after “disabled persons” in each case there were inserted “, and persons who have had a disability,” and as if at the end of the section there were added— (3) For the purposes of this section— (a) a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and (b) “disability” has the same meaning as in that Act. (8) At any time before the coming into force of an order under paragraph (a)(i) or (b) of subsection (6), section 16 of the Chronically Sick and Disabled Persons Act 1970 (which extends the functions of the national advisory council) shall have effect as if after “disabled persons” in each case there were inserted “ , and persons who have had a disability, ” and as if at the end of the section there were added— (2) For the purposes of this section— (a) a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and (b) “disability” has the same meaning as in that Act.

61 Amendment of Disabled Persons (Employment) Act 1944.

(1) Section 15 of the Disabled Persons (Employment) Act 1944 (which gives the Secretary of State power to make arrangements for the provision of supported employment) is amended as set out in subsections (2) to (5). (2) In subsection (1)— (a) for “persons registered as handicapped by disablement” substitute “ disabled persons ”; (b) for “their disablement” substitute “ their disability ”; and (c) for “are not subject to disablement” substitute “ do not have a disability ”. (3) In subsection (2), for the words from “any of one or more companies” to “so required and prohibited” substitute “ any company, association or body ”. (4) After subsection (2) insert— (2A) The only kind of company which the Minister himself may form in exercising his powers under this section is a company which is— (a) required by its constitution to apply its profits, if any, or other income in promoting its objects; and (b) prohibited by its constitution from paying any dividend to its members. (5) After subsection (5) insert— (5A) For the purposes of this section— (a) a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and (b) “disability” has the same meaning as in that Act. (6) The provisions of section 16 (preference to be given under section 15 of that Act to ex-service men and women) shall become subsection (1) of that section and at the end insert— and whose disability is due to that service. (2) For the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed. (7) The following provisions of the Act of 1944 shall cease to have effect— (a) section 1 (definition of “disabled person”); (b) sections 6 to 8 (the register of disabled persons); (c) sections 9 to 11 (obligations on employers with substantial staffs to employ a quota of registered persons); (d) section 12 (the designated employment scheme for persons registered as handicapped by disablement); (e) section 13 (interpretation of provisions repealed by this Act); (f) section 14 (records to be kept by employers); (g) section 19 (proceedings in relation to offences); and (h) section 21 (application as respects place of employment, and nationality). (8) Any provision of subordinate legislation in which “disabled person” is defined by reference to the Act of 1944 shall be construed as if that expression had the same meaning as in this Act. (9) Subsection (8) does not prevent the further amendment of any such provision by subordinate legislation.

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63 Restriction of publicity: Employment Appeal Tribunal.

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64 Application to Crown etc.

(A1) The following provisions bind the Crown— (a) sections 21B to 21E and Part 5A, and (b) the other provisions of this Act so far as applying for the purposes of provisions mentioned in paragraph (a); and sections 57 and 58 shall apply for purposes of provisions mentioned in paragraph (a) as if service as a Crown servant were employment by the Crown. (1) This Act , other than the provisions mentioned in paragraphs (a) and (b) of subsection (A1), applies— (a) to an act done by or for purposes of a Minister of the Crown or government department, or (b) to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office, as it applies to an act done by a private person. (2) . . . Part II applies to service— (a) for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office, or (b) on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body, as it applies to employment by a private person. (2A) Subsections (A1) to(2) have effect subject to section 64A and section 64B. (2A) Subsections (A1) to(2) have effect subject to section 64A. (3) The provisions of Parts II to IV of the 1947 Act apply to proceedings against the Crown under this Act as they apply to Crown proceedings in England and Wales . . . . (4) The provisions of Part V of the 1947 Act apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which by virtue of that Part are treated as civil proceedings by or against the Crown; but the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) does not apply. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . Part II does not apply to service in any of the naval, military or air forces of the Crown. (8) In this section— “the 1947 Act” means the Crown Proceedings Act 1947; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Crown proceedings” means proceedings which, by virtue of section 23 of the 1947 Act, are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “service for purposes of a Minister of the Crown or government department” does not include service in any office for the time being mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975; “statutory body” means a body set up by or under an enactment; “statutory office” means an office so set up; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64A Police

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64B Other police bodies

(1) For the purposes of Part II, the holding of the office of constable otherwise than as a police officer shall be treated as employment – (a) by the chief officer of police as respects any act done by him in relation to that office or a holder of it; (b) by the police authority as respects any act done by it in relation to that office or the holder of it; (2) For the purposes of section 58 – (a) the holding of the office of constable otherwise than as a police officer shall be treated as employment by the chief officer of police (and as not being employment by any other person); and (b) anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment. (3) There shall be paid out of the police fund – (a) any compensation, damages or costs awarded against a chief officer of police in any proceedings brought against him under Part II or III, and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings; and (b) any sum required by a chief officer of police for the settlement of any claim made against him under Part II if the settlement is approved by the police authority. (4) A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund – (a) any compensation, damages or costs awarded in proceedings under Part II or III against a person under the direction and control of the chief officer of police; (b) any costs incurred and not recovered by such a person in such proceedings; and (c) any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings. (5) A police authority may make arrangements for the legal representation of any person under the direction and control of the chief officer of police in any proceedings mentioned in subsection (4). (6) Subject to subsection (8), in this section in relation to any body of constables— (a) “chief officer of police” means the person who has the direction and control of the body; (b) “police authority” means the authority by which the members of the body are paid; and (c) “police fund” means money provided by that authority. (7) Nothing in subsections (3) to (6) applies in relation to the police. (8) In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.

65 Application to Parliament.

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66 Government appointments outside Part II.

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67 Regulations and orders.

(1) Any power under this Act to make regulations or orders shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979. (2) Any such power may be exercised to make different provision for different cases, including different provision for different areas or localities. (3) Any such power, includes power— (a) to make such incidental, supplementary, consequential or transitional provision as appears to the Northern Ireland department exercising the power to be expedient; and (b) to provide for a person to exercise a discretion in dealing with any matter. (3A) Where regulations under section 21D(7)(b) provide for the omission of section 21D(5), the provision that may be made by the regulations in exercise of the power conferred by subsection (3)(a) includes provision amending section 21D for the purpose of omitting references to section 21D(5). (3B) The provision that may be made by regulations under section 21G(5)(b) in exercise of the power conferred by subsection (3)(a) includes provision amending or repealing section 21G(4). (4) Subsection (4A) applies to— (a) the first regulations to be made under section 21H(1); (b) regulations under section 47J(3); (c) regulations under section 67A(3); (d) regulations under paragraph 6A(2) of Schedule 1. (4A) No regulations to which this subsection applies shall be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly. (4B) An order under section 47(1), if made without a draft having been laid before and approved by a resolution of, the Assembly shall be subject to annulment in pursuance of a resolution of the Assembly; but the exercise of the discretion conferred by this subsection is subject to section 67A. (5) Any other order made under this Act, other than an order under section 3(9), 54A(6)(a) or 70(3), and any regulations made under this Act shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act. (6) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 shall apply in relation to any instrument or document which by virtue of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act. (7) Subsection (1) does not require an order under section 43 which applies only to a specified vehicle, or to vehicles of a specified person, to be made by statutory rule. (8) Nothing in section 40(6) or 46(5) affects the powers conferred by subsections (2) and (3).

67A Exercise of discretion under section 67(5A)

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67B Annual report on rail vehicle exemption orders

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68 Interpretation.

(1) In this Act— “accessibility certificate” means a certificate issued under section 41(1)(a); “act” includes a deliberate omission; “the Agency” means the Labour Relations Agency; “approval certificate” means a certificate issued under section 42(4); “the Assembly” means the Northern Ireland Assembly; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “criminal investigation” has the meaning given in subsection (1A); “criminal proceedings” includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006); “the Department of Economic Development” means the Department of Economic Development in Northern Ireland; “the Department of the Environment” means the Department of the Environment for Northern Ireland; “the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland; “employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly; “employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (4) “employment services” has the meaning given in section 21A(1); “enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954 , and (except in section 56(5)) includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament; “government department” means a Northern Ireland department or a department of the Government of the United Kingdom; “group insurance arrangement” means an arrangement between an employer and another for the provision by the other of facilities by way of insurance to the employer's employees or to any class of those employees; “Minister of the Crown” includes the Treasury and the Defence Council “Northern Ireland department” includes (except in sections 51 and 52) the head of a Northern Ireland department; “occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993; “the Office” means the Office of the First Minister and deputy First Minister; “premises”, includes land of any description; “prescribed” means prescribed by regulations; “profession” includes any vocation or occupation; “provider of services” has the meaning given in section 19(2)(b); “public investigator functions” has the meaning given in subsection (1B); “public service vehicle” and “regulated public service vehicle” have the meaning given in section 40; “PSV accessibility regulations” means regulations made under section 40(1); “rail vehicle” and “regulated rail vehicle” have the meaning given in section 46; “rail vehicle accessibility regulations” means regulations made under section 46(1); “regulations” means— in section 17A, regulations made by the Department for Employment and Learning; in Part V of this Act, regulations made by the Department of the Environment; in any other provision of this Act, regulations made by the Office of the First Minister and deputy First Minister: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “section 21 duty” means any duty imposed by or under section 21; “taxi” and “regulated taxi” have the meaning given in section 32; “taxi accessibility regulations” means regulations made under section 32(1); “trade” includes any business; “trade organisation” has the meaning given in section 13; “the 2005 Order” means the Special Educational Needs and Disability (Northern Ireland) Order 2005; “vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42. (1A) In this Act “criminal investigation” means— (a) any investigation which a person in carrying out functions to which section 21B(1) applies has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with or prosecuted for an offence is guilty of it; or (b) any investigation which is conducted by a person in carrying out functions to which section 21B(1) applies and which in the circumstances may lead to a decision by that person to institute criminal proceedings which the person has power to conduct. (1B) In this Act “public investigator functions” means functions of conducting criminal investigations or charging offenders. (1C) In subsections (1A) and (1B)— “offence” includes any service offence within the meaning of the Armed Forces Act 2006, and “offender” is to be construed accordingly. (2) Employment (including employment on board a ship to which subsection (2B) applies or on an aircraft or hovercraft to which subsection (2C) applies) is to be regarded as being employment at an establishment in Northern Ireland if the employee – (a) does his work wholly or partly in Northern Ireland; or, (b) does his work wholly outside Northern Ireland and subsection (2A) applies. (2A) This subsection applies if – (a) the employer has a place of business at an establishment in Northern Ireland; (b) the work is for the purposes of the business carried on at the establishment; and (c) the employee is ordinarily resident in Northern Ireland – (i) at the time when he applies for or is offered the employment, or (ii) at any time during the course of the employment. (2B) This subsection applies to a ship if – (a) it is registered at a port of registry in Northern Ireland; or (b) it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom. (2C) This subsection applies to an aircraft or hovercraft if – (a) it is – (i) registered in the United Kingdom, and (ii) operated by a person who has his principal place of business, or is ordinarily resident, in Northern Ireland; or (b) it belongs to or is possessed by Her Majesty in right of the Government of the United Kingdom. (2D) The following are not to be regarded as being employment at an establishment in Northern Ireland – (a) employment on board a ship to which subsection (2B) does not apply; (b) employment on an aircraft or hovercraft to which subsection (2C) does not apply. (4) Employment of a prescribed kind, or in prescribed circumstances, is to be regarded as not being employment at an establishment in Northern Ireland. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69 Financial provisions.

There shall be paid out of money provided by Parliament— (a) any expenditure incurred by a Minister of the Crown under this Act; (b) any increase attributable to this Act in the sums payable out of money so provided under or by virtue of any other enactment.

70 Short title, commencement, extent etc.

(1) This Act may be cited as the Disability Discrimination Act 1995. (2) This section (apart from subsections (4), (5) and (7)) comes into force on the passing of this Act. (2A) The following provisions of this Act— (a) section 36 so far as it applies to designated vehicles, (b) section 36A, and (c) section 38 (which has already been brought in force in England and Wales by an order under subsection (3)) so far as it extends to Scotland, come into force 2 months after the passing of the Local Transport Act 2008. (3) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint and different days may be appointed for different purposes. (4) Schedule 6 makes consequential amendments. (5) The repeals set out in Schedule 7 shall have effect. (5A) Sections 7A 7B and 49G extend to England and Wales only. (5B) Sections 7C and 7D extend to Scotland only. (6) Subject to subsections (5A) and (5B), this Act extends to England and Wales, Scotland and Northern Ireland; but in their application to Northern Ireland the provisions of this Act mentioned in Schedule 8 shall have effect subject to the modifications set out in that Schedule. (7) In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) in each case insert at the appropriate places— The National Disability Council. The Northern Ireland Disability Council (8) Consultations which are required by any provision of this Act to be held by the Secretary of State may be held by him before the coming into force of that provision.

SCHEDULE 1 Provisions Supplementing Section 1

Section 1(1). Impairment 1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Regulations may make provision, for the purposes of this Act— (a) for conditions of a prescribed description to be treated as amounting to impairments; (b) for conditions of a prescribed description to be treated as not amounting to impairments. (3) Regulations made under sub-paragraph (2) may make provision as to the meaning of “condition” for the purposes of those regulations. Long-term effects 2 (1) The effect of an impairment is a long-term effect if— (a) it has lasted at least 12 months; (b) the period for which it lasts is likely to be at least 12 months; or (c) it is likely to last for the rest of the life of the person affected. (2) Where an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur. (3) For the purposes of sub-paragraph (2), the likelihood of an effect recurring shall be disregarded in prescribed circumstances. (4) Regulations may prescribe circumstances in which, for the purposes of this Act— (a) an effect which would not otherwise be a long-term effect is to be treated as such an effect; or (b) an effect which would otherwise be a long-term effect is to be treated as not being such an effect. Severe disfigurement 3 (1) An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities. (2) Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect. (3) Regulations under sub-paragraph (2) may, in particular, make provision with respect to deliberately acquired disfigurements. Normal day-to-day activities 4 (1) An impairment is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities only if it affects one of the following— (a) mobility; (b) manual dexterity; (c) physical co-ordination; (d) continence; (e) ability to lift, carry or otherwise move everyday objects; (f) speech, hearing or eyesight; (g) memory or ability to concentrate, learn or understand; or (h) perception of the risk of physical danger. (i) taking part in normal social interaction; or (j) forming social relationships (2) Regulations may prescribe— (a) circumstances in which an impairment which does not have an effect falling within sub-paragraph (1) is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities; (b) circumstances in which an impairment which has an effect falling within sub-paragraph (1) is to be taken not to affect the ability of the person concerned to carry out normal day-to-day activities. Substantial adverse effects 5 Regulations may make provision for the purposes of this Act— (a) for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as a substantial adverse effect; (b) for an effect of a prescribed kind on the ability of a person to carry out normal day-to-day activities to be treated as not being a substantial adverse effect. Effect of medical treatment 6 (1) An impairment which would be likely to have a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities, but for the fact that measures are being taken to treat or correct it, is to be treated as having that effect. (2) In sub-paragraph (1) “measures” includes, in particular, medical treatment and the use of a prosthesis or other aid. (3) Sub-paragraph (1) does not apply— (a) in relation to the impairment of a person’s sight, to the extent that the impairment is, in his case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; or (b) in relation to such other impairments as may be prescribed, in such circumstances as may be prescribed. Persons deemed to be disabled 6A (1) Subject to sub-paragraph (2), a person who has cancer, HIV infection or multiple sclerosis is to be deemed to have a disability, and hence to be a disabled person. (2) Regulations may provide for sub-paragraph (1) not to apply in the case of a person who has cancer if he has cancer of a prescribed description. (3) A description of cancer prescribed under sub-paragraph (2) may (in particular) be framed by reference to consequences for a person of his having it. 7 (1) Sub-paragraph (2) applies to any person whose name is, both on 12th January 1995 and on the date when this paragraph comes into force, in the register of disabled persons maintained under section 6 of the Disabled Persons (Employment) Act 1944. (2) That person is to be deemed— (a) during the initial period, to have a disability, and hence to be a disabled person; and (b) afterwards, to have had a disability and hence to have been a disabled person during that period. (3) A certificate of registration shall be conclusive evidence, in relation to the person with respect to whom it was issued, of the matters certified. (4) Unless the contrary is shown, any document purporting to be a certificate of registration shall be taken to be such a certificate and to have been validly issued. (5) Regulations may provide for prescribed descriptions of person to be deemed to have disabilities, and hence to be disabled persons, for the purposes of this Act. (5A) The generality of sub-paragraph (5) shall not be taken to be prejudiced by the other provisions of this Schedule. (6) Regulations may prescribe circumstances in which a person who has been deemed to be a disabled person by the provisions of sub-paragraph (1) or regulations made under sub-paragraph (5) is to be treated as no longer being deemed to be such a person. (7) In this paragraph— “certificate of registration” means a certificate issued under regulations made under section 6 of the Act of 1944; and “initial period” means the period of three years beginning with the date on which this paragraph comes into force. Progressive conditions 8 (1) Where— (a) a person has a progressive condition (such as cancer, multiple sclerosis or muscular dystrophy or HIV infection), (b) as a result of that condition, he has an impairment which has (or had) an effect on his ability to carry out normal day-to-day activities, but (c) that effect is not (or was not) a substantial adverse effect, he shall be taken to have an impairment which has such a substantial adverse effect if the condition is likely to result in his having such an impairment. (2) Regulations may make provision, for the purposes of this paragraph— (a) for conditions of a prescribed description to be treated as being progressive; (b) for conditions of a prescribed description to be treated as not being progressive. Interpretation 9 In this Schedule, “HIV infection” means infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.

SCHEDULE 2 Past Disabilities

Section 2(2). 1 The modifications referred to in section 2 are as follows. 2 References in Parts II , III and VAand Part III of the 2005 Order to a disabled person are to be read as references to a person who has had a disability. 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In sections 4A(1), 4B(4), 4E(1), 4H(1), 6B(1), 7B(1), 14(1), 14B(1), 14D(1) , 15C(1) and 16A(4), section 21A(4)(a) (in the words to be read as section 19(1)(aa)) and section 21A(6)(a) (in the words to be substituted in section 21(1)), after “not disabled” (in each place it occurs) insert “ and who have not had a disability ”. 4 In sections 4A(3)(b), 4E(3)(b), 4H(3)(b), 6B(3)(b), 7B(3)(b), 14(3)(b), 14B(3)(b), 14D(3)(b) , 15C(3)(a) and 16A(6), for “has” (in each place it occurs) substitute “ has had ”. 4ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4ZB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 For paragraph 2(1) to (3) of Schedule 1, substitute— (1) The effect of an impairment is a long-term effect if it has lasted for at least 12 months. (2) Where an impairment ceases to have a substantial adverse effect on a person’s ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect recurs. (3) For the purposes of sub-paragraph (2), the recurrence of an effect shall be disregarded in prescribed circumstances. 6 References in Chapter I of Part III of the 2005 Order to a disabled pupil are to be read as references to a pupil who has had a disability. 7 References in Chapter II of Part III of the 2005 Order to a disabled student are to be read as references to a student who has had a disability. 8 In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “ or that he had had a disability ”. 9 In Article 16(1) of the 2005 Order, in sub-paragraphs (a) and (b), after “not disabled” insert “ and who have not had a disability ”. 10 (1) In Article 29 of the 2005 Order in paragraph (3)(a), after “disabled” insert “ or that he had had a disability ”; (2) in paragraph (6)(a) of that Article, after “who do not have” insert “ and have not had ”; and (3) in paragraph (10) of that Article, for “that particular disability” substitute “ and who has not had that particular disability and ”. 11 In Articles 30(1)(c), (1A)(d), (1B)(c), (1C) and (1D) and 37(1)(d), 2(c) and (3) of the 2005 Order, after “not disabled” insert “ and who have not had a disability ”. 12 In Article 35(8) of the 2005 Order after “not having that particular disability” insert “ and who has not had that particular disability ”. 13 In Article 37(4)(b) of the 2005 Order for “has” substitute “ has had ”.

SCHEDULE 3 Sections 17A(8) and 25(6), 31ADA Enforcement and Procedure

Part I Employment Conciliation 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on proceedings for breach of Part II 2 (1) Except as provided by Part 2, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under that Part. (2) Sub-paragraph (1) does not prevent the making of an application for judicial review or the investigation or determination of any matter in accordance with Part 10 (investigations) of the Pension Schemes Act 1993 by the Pensions Ombudsman” or the investigation or determination of any matter in accordance with the Part X (investigations: the Pensions Ombudsman) of the Pension Schemes (Northern Ireland) Act 1993 by the Pensions Ombudsman. (3) Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 16B(2B). Period within which proceedings must be brought 3 (1) An employment tribunal shall not consider a complaint under section 17A or 25(8) unless it is presented before the end of the period of three months beginning when the act complained of was done. (1A) Article 249B of the Employment Rights (Northern Ireland) Order 1996 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a). (1B) Sub-paragraphs (1) and (1A) shall be treated as provisions of the Employment Rights (Northern Ireland) Order 1996 for the purposes of Article 249B of that Order. (2) A tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so. (3) For the purposes of sub-paragraph (1)— (a) where an unlawful act . . . is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract; (b) any act extending over a period shall be treated as done at the end of that period; and (c) a deliberate omission shall be treated as done when the person in question decided upon it. (4) In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission— (a) when he does an act inconsistent with doing the omitted act; or (b) if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done. Evidence 4 (1) In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of a Minister of the Crown and certifying— (a) that any conditions or requirements specified in the certificate were imposed by a Minister of the Crown and were in operation at a time or throughout a time so specified, . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . shall be conclusive evidence of the matters certified. (1A) In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of the Scottish Ministers and certifying that any conditions or requirements specified in the certificate— (a) were imposed by a member of the Scottish Executive, and (b) were in operation at a time or throughout a time so specified, shall be conclusive evidence of the matters certified. (1B) In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of the Welsh Ministers and certifying that any conditions or requirements specified in the certificate— (a) were imposed by the National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, and (b) were in operation at a time or throughout a time so specified, shall be conclusive evidence of the matters certified. (2) A document purporting to be such a certificate as is mentioned in sub-paragraph (1), (1A) or (1B) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate. Part II Discrimination in Other Areas Restriction on proceedings for breach of Part III 5 (1) Except as provided by section 25 no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part III. (2) Sub-paragraph (1) does not prevent the making of an application for judicial review. Period within which proceedings must be brought 6 (1) A county court or a sheriff court shall not consider a claim under section 25 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done. (2) Where, in relation to proceedings or prospective proceedings under section 25, the dispute concerned is referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by three months. (3) A court may consider any claim under section 25 which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so. (4) For the purposes of sub-paragraph (1)— (a) where an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract; (b) any act extending over a period shall be treated as done at the end of that period; and (c) a deliberate omission shall be treated as done when the person in question decided upon it. (5) In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission— (a) when he does an act inconsistent with doing the omitted act; or (b) if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done. Staying or sisting proceedings on section 21B claim affecting criminal mattersStaying proceedings on section 21B claim affecting criminal matters 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction of remedies for section 21B claim relating to criminal matters 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation for injury to feelings 7 In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount. Evidence 8 (1) In any proceedings under section 25, a certificate signed by or on behalf of a Minister of the Crown and certifying— (a) that any conditions or requirements specified in the certificate were imposed by a Minister of the Crown and were in operation at a time or throughout a time so specified, or (b) that an act specified in the certificate was done for the purpose of safeguarding national security, shall be conclusive evidence of the matters certified. (2) A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate. (3) In any proceedings under section 25, a certificate signed by or on behalf of the Scottish Ministers and certifying that any conditions or requirements specified in the certificate— (a) were imposed by a member of the Scottish Executive, and (b) were in operation at a time or throughout a time so specified, shall be conclusive evidence of the matters certified. (4) In any proceedings under section 25, a certificate signed by or on behalf of the Welsh Ministers and certifying that any conditions or requirements specified in the certificate— (a) were imposed by the National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, and (b) were in operation at a time or throughout a time so specified, shall be conclusive evidence of the matters certified. (5) A document purporting to be such a certificate as is mentioned in sub-paragraph (3) or (4) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate. Part 3 DISCRIMINATION IN SCHOOLS Restriction on proceedings for breach of Part 4, Chapter 1 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period within which proceedings must be brought 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS Restriction on proceedings for breach of Part 4, Chapter 2 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period within which proceedings must be brought 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation for injury to feelings 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 5 Discrimination in General Qualifications Bodies Restriction on proceedings for breach of Part 4, Chapter 2A 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period within which proceedings must be brought 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3A VALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

Section 17C PART I validity and revision of contracts 1 (1) A term of a contract is void where – (a) the making of the contract is, by reason of the inclusion of the term, unlawful by virtue of this Part of this Act; (b) it is included in furtherance of an act which is unlawful by virtue of this Part of this Act; or (c) it provides for the doing of an act which is unlawful by virtue of this Part of this Act. (2) Sub-paragraph (1) does not apply to a term the inclusion of which constitutes, or is in furtherance of, or provides for, unlawful discrimination against, or harassment of, a party to the contract, but the term shall be unenforceable against that party. (3) A term in a contract which purports to exclude or limit any provision of this Part of this Act is unenforceable by any person in whose favour the term would operate apart from this paragraph. (4) Sub-paragraphs (1), (2) and (3) apply whether the contract was entered into before or after the date on which this Schedule comes into operation; but in the case of a contract made before that date, those sub-paragraphs do not apply in relation to any period before that date. 2 (1) Paragraph 1(3) does not apply – (a) to a contract settling a complaint to which section 17A(1) or 25(8) applies where the contract is made with the assistance of the Agency; or (b) to a contract settling a complaint to which section 17A(1) or 25(8) applies if the conditions regulating compromise contracts under this Schedule are satisfied in relation to the contract. (2) The conditions regulating compromise contracts under this Schedule are that – (a) the contract must be in writing; (b) the contract must relate to the particular complaint; (c) the complainant must have received advice from a relevant independent adviser as to the terms and effect of the proposed contract and in particular its effect on his ability to pursue a complaint before an industrial tribunal; (d) there must be in force, when the adviser gives the advice, a 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; (e) the contract must identify the adviser; and (f) the contract must state that the conditions regulating compromise contracts under this Schedule are satisfied. (3) A person is a relevant independent adviser for the purposes of sub-paragraph (2)(c) – (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 Office. (4) But a person is not a relevant independent adviser for the purposes of sub-paragraph (2)(c) in relation to the complainant – (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 sub-paragraph (3)(b) or (c), if the trade union or advice centre is the other party or a person who is connected with the other party; or (c) in the case of a person within sub-paragraph (3)(c), if the complainant makes a payment for the advice received from him. (5) In sub-paragraph (3)(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. (6) In sub-paragraph (3)(b) “independent trade union” has the same meaning as in the Industrial Relations (Northern Ireland) Order 1992 . (7) For the purposes of sub-paragraph (4)(a) any two persons are to be treated as connected – (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. (8) An agreement under which the parties agree to submit a dispute to arbitration – (a) shall be regarded for the purposes of sub-paragraph (1)(a) and (b) as being a contract settling a complaint 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 a contract in any other case. 3 (1) On the application of a disabled person interested in a contract to which paragraph 1(1) or (2) applies, a county court may make such order as it thinks fit for – (a) removing or modifying any term rendered void by paragraph 1(1), or (b) removing or modifying any term made unenforceable by paragraph 1(2); but such an order shall not be made unless all persons affected have been given notice in writing of the application (except where under county court rules notice may be dispensed with) and have been afforded an opportunity to make representations to the court. (2) An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into operation of this Schedule). PART II collective agreements and rules of undertakings 4 (1) This Part of this Schedule applies to – (a) any term of a collective agreement, including an agreement which was not intended, or is presumed not to have been intended, to be a legally enforceable contract; (b) any rule made by an employer for application to all or any of the persons who are employed by him or who apply to be, or are, considered by him for employment; (c) any rule made by a trade organisation (within the meaning of section 13) or a qualifications body (within the meaning of section 14A) for application to – (i) all or any of its members or prospective members; or (ii) all or any of the persons on whom it has conferred authorisations or qualifications or who are seeking the authorisations or qualifications which it has power to confer. (2) Any term or rule to which this Part of this Schedule applies is void where – (a) the making of the collective agreement is, by reason of the inclusion of the term, unlawful by virtue of this Part of this Act; (b) the term or rule is included in furtherance of an act which is unlawful by virtue of this Part of this Act; or (c) the term or rule provides for the doing of an act which is unlawful by virtue of this Part of this Act. (3) Sub-paragraph (2) applies whether the agreement was entered into, or the rule made, before or after the date on which this Schedule comes into operation; but in the case of an agreement entered into, or a rule made, before the date on which this Schedule comes into operation, that sub-paragraph does not apply in relation to any period before that date. 5 A disabled person to whom this paragraph applies may present a complaint to an industrial tribunal that a term or rule is void by virtue of paragraph 4 if he has reason to believe – (a) that the term or rule may at some future time have effect in relation to him; and (b) where he alleges that it is void by virtue of paragraph 4(2)(c), that – (i) an act for the doing of which it provides, may at some such time be done in relation to him, and (ii) the act would be unlawful by virtue of this Part of this Act if done in relation to him in present circumstances. 6 In the case of a complaint about – (a) a term of a collective agreement made by or on behalf of – (i) an employer, (ii) an organisation of employers of which an employer is a member, or (iii) an association of such organisations of one of which an employer is a member, or (b) a rule made by an employer within the meaning of paragraph 4(1)(b), paragraph 5 applies to any disabled person who is, or is genuinely and actively seeking to become, one of his employees. 7 In the case of a complaint about a rule made by an organisation or body to which paragraph 4(1)(c) applies, paragraph 5 applies to any disabled person – (a) who is, or is genuinely and actively seeking to become, a member of the organisation or body; (b) on whom the organisation or body has conferred an authorisation or qualification; or (c) who is genuinely and actively seeking an authorisation or qualification which the organisation or body has power to confer. 8 (1) When an industrial tribunal finds that a complaint presented to it under paragraph 5 is well-founded the tribunal shall make an order declaring that the term or rule is void. (2) An order under sub-paragraph (1) may include provision as respects any period before the making of the order (but after the coming into operation of this Schedule). 9 The avoidance by virtue of paragraph 4(2) of any term or rule which provides for any person to be discriminated against shall be without prejudice to the following rights (except in so far as they enable any person to require another person to be treated less favourably than himself), namely – (a) such of the rights of the person to be discriminated against, and (b) such of the rights of any person who will be treated more favourably in direct or indirect consequence of the discrimination, as are conferred by or in respect of a contract made or modified wholly or partly in pursuance of, or by reference to, that term or rule. PART III interpretation 10 In this Schedule “collective agreement” means any agreement relating to one or more of the matters mentioned in Article 96(1) of the Industrial Relations (Northern Ireland) Order 1992 (meaning of trade dispute), being an agreement made by or on behalf of one or more employers or one or more organisations of employers or associations of such organisations with one or more organisations of workers or associations of such organisations. 11 Any reference in this Schedule to this Part of this Act shall be taken to include a reference to Part III of this Act, to the extent that it relates to— (a) the provision of employment services; or (b) the provision under a group insurance arrangement of facilities by way of insurance. 12 Where a term to which section 26(1A)(c) applies is a term in an agreement which is not a contract, Part I of this Schedule shall have effect as if the agreement were a contract.

SCHEDULE 3A VALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS

Section 17C Part 1 VALIDITY AND REVISION OF CONTRACTS 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3 INTERPRETATION 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 Premises Occupied Under Leases

Sections 18A(5) and 27(5) 31ADB. Part I Occupation by EMPLOYER etc Failure to obtain consent to alteration 1 If any question arises as to whether the occupier has failed to comply with any duty to make reasonable adjustments, by failing to make a particular alteration to the premises, any constraint attributable to the fact that he occupies the premises under a lease is to be ignored unless he has applied to the lessor in writing for consent to the making of the alteration. Joining lessors in proceedings under section 17A . . . 2 (1) In any proceedings on a complaint under section 17A, in a case to which section 18A applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined or sisted as a party to the proceedings. (2) The request shall be granted if it is made before the hearing of the complaint begins. (3) The tribunal may refuse the request if it is made after the hearing of the complaint begins. (4) The request may not be granted if it is made after the tribunal has determined the complaint. (5) Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine— (a) whether the lessor has— (i) refused consent to the alteration, or (ii) consented subject to one or more conditions, and (b) if so, whether the refusal or any of the conditions was unreasonable, (6) If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps— (a) make such declaration as it considers appropriate; (b) make an order authorising the occupier to make the alteration specified in the order; (c) order the lessor to pay compensation to the complainant. (7) An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order. (8) Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 17A(2). (9) If the tribunal orders the lessor to pay compensation it may not make an order under section 17A(2) ordering the occupier to do so. Regulations 3 Regulations may make provision as to circumstances in which— (a) a lessor is to be taken, for the purposes of section 18A and this Part of this Schedule to have— (i) withheld his consent; (ii) withheld his consent unreasonably; (iii) acted reasonably in withholding his consent; (b) a condition subject to which a lessor has given his consent is to be taken to be reasonable; (c) a condition subject to which a lessor has given his consent is to be taken to be unreasonable. Sub-leases etc. 4 The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 18A or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy. Part II Occupation by persons subject to a duty under section 21, 21E or 21H Failure to obtain consent to alteration 5 If any question arises as to whether the occupier has failed to comply with the section 21 duty or the duty imposed under section 21E or 21H, by failing to make a particular alteration to premises, any constraint attributable to the fact that he occupies the premises under a lease is to be ignored unless he has applied to the lessor in writing for consent to the making of the alteration. Reference to court 6 (1) If the occupier has applied in writing to the lessor for consent to the alteration and— (a) that consent has been refused, or (b) the lessor has made his consent subject to one or more conditions, the occupier or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff. (2) In the following provisions of this Schedule “court” includes “sheriff”. (3) On such a reference the court shall determine whether the lessor’s refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable. (4) If the court determines— (a) that the lessor’s refusal was unreasonable, or (b) that the condition is, or any of the conditions are, unreasonable, it may make such declaration as it considers appropriate or an order authorising the occupier to make the alteration specified in the order. (5) An order under sub-paragraph (4) may require the occupier to comply with conditions specified in the order. Joining lessors in proceedings under section 25 7 (1) In any proceedings on a claim under section 25 in a case to which section 27 applies, other than a claim presented as a complaint under section 25(8), the plaintiff, the pursuer or the occupier concerned may ask the court to direct that the lessor be joined or sisted as a party to the proceedings. (2) The request shall be granted if it is made before the hearing of the claim begins. (3) The court may refuse the request if it is made after the hearing of the claim begins. (4) The request may not be granted if it is made after the court has determined the claim. (5) Where a lessor has been so joined or sisted as a party to the proceedings, the court may determine— (a) whether the lessor has— (i) refused consent to the alteration, or (ii) consented subject to one or more conditions, and (b) if so, whether the refusal or any of the conditions was unreasonable. (6) If, under sub-paragraph (5), the court determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps— (a) make such declaration as it considers appropriate; (b) make an order authorising the occupier to make the alteration specified in the order; (c) order the lessor to pay compensation to the complainant. (7) An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order. (8) If the court orders the lessor to pay compensation it may not order the occupier to do so. Joining lessors in proceedings relating to group insurance or employment services 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations 8 Regulations may make provision as to circumstances in which— (a) a lessor is to be taken, for the purposes of section 27 and this Part of this Schedule to have— (i) withheld his consent; (ii) withheld his consent unreasonably; (iii) acted reasonably in withholding his consent; (b) a condition subject to which a lessor has given his consent is to be taken to be reasonable; (c) a condition subject to which a lessor has given his consent is to be taken to be unreasonable. Sub-leases etc. 9 The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 27 or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy. Part 3 OCCUPATION BY EDUCATIONAL INSTITUTIONS Failure to obtain consent 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reference to court 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joining lessors in proceedings under section 28V 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sub-leases etc. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 Occupation by General Qualifications Bodies Failure to obtain consent to alteration 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reference to court 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joining lessors in proceedings under section 31ADA 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4A RESPONSIBLE BODIES FOR SCHOOLS

Section 28A 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4B RESPONSIBLE BODIES FOR EDUCATIONAL INSTITUTIONS

Section 28R 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4C MODIFICATIONS OF CHAPTER 2 OF PART 4

Section 28U Part 1 Modifications for England and Wales – Further Education, etc Provided by Local Authorities 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 1A Modifications for England and Wales – Further Education Provided by Schools, etc 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Modifications for Scotland – Further Education 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2A Modifications for Scotland – Recreational or Training Facilities 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5 The National Disability Council

Section 50(8). Status 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Term of office of members 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary regulation-making power 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .