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The Disability Discrimination (Northern Ireland) Order 2006

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2006 No. 312 (N.I. 1 )

NORTHERN IRELAND

The Disability Discrimination (Northern Ireland) Order 2006

Made14th February 2006
Coming into operation in accordance with Article 1(2)
At the Court at Buckingham Palace, the 14th day of February 2006
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–C1

Introductory

1 Citation and commencement

1 This Order may be cited as the Disability Discrimination (Northern Ireland) Order 2006.
P12 This Order (except this Article and Article 2) shall come into operation on such day or days as the Office may by order appoint.
3 An order under paragraph (2) may contain such transitional or saving provisions as the Office thinks necessary or expedient.

2 Interpretation

1 The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
2 In this Order—
  • “the Office” means the Office of the First Minister and deputy First Minister;
  • “the 1995 Act” means the Disability Discrimination Act 1995 (c. 50).

Public authorities

3 District councils

In the 1995 Act, after section 14D insert—
.

I14 Discrimination by public authorities

In the 1995 Act, after section 21A insert—
.

5 Duty of public authorities

In the 1995 Act, after section 49 insert—
.

6 Police

In sections 64A(3) and (4) and 64B(3) and (4) of the 1995 Act (the bringing of, and compensation and costs in, proceedings against the police under Part II), after “Part II” (in each place) insert “ or III ”.

Transport

7 Application of sections 19 to 21 of the 1995 Act to transport vehicles

After section 21 of the 1995 Act insert—
.

I168 Rail vehicles: application of accessibility regulations

1 In section 46 of the 1995 Act (rail vehicle accessibility regulations), before subsection (5) insert—
.
2 In that section for the definition in subsection (6) of “rail vehicle” substitute—
3 For section 47(1) of the 1995 Act (rail vehicle accessibility regulations: power to exempt use of vehicles of specified descriptions or in specified circumstances) substitute—
.
4 In the 1995 Act, after section 67 insert—
.

9 Rail vehicles: accessibility compliance certificates

1 In the 1995 Act, after section 47 insert—
.
2 In section 49 of the 1995 Act (forgery and false statements)—
a in subsection (1) (“relevant documents”), after paragraph (d) insert
, and
b in subsection (4) (false statements), for “or an approval certificate” substitute “ , an approval certificate or a rail vehicle accessibility compliance certificate ”.
3 In section 68(1) of the 1995 Act (interpretation), before the definition of “rail vehicle accessibility regulations” insert—
.

10 Rail vehicles: enforcement and penalties

1 In the 1995 Act, after section 47C (which is inserted by Article 9) insert—
.
2 In section 49 of the 1995 Act (Part V—public transport: offences), after subsection (4) insert—
.
and, in the section's heading, after “Forgery and false statements” insert “ , and impersonation ”.

Other matters

11 Discriminatory advertisements

1 In section 16B of the 1995 Act (discriminatory advertisements), for subsection (1) substitute—
.
2 After subsection (2) of that section insert—
.
3 In subsection (3) of that section (definition of “relevant appointment or benefit”), for “subsection (1)” substitute “ this section ”.

12 Group insurance

1 Section 18 of the 1995 Act (provision of insurance services to employees under group insurance arrangements) shall cease to have effect.
2 In section 25 of that Act (subsection (1) of which enables a claim under Part III to be made the subject of civil proceedings in the same way as breach of statutory duty), after subsection (6) insert—
.
3 In section 68(1) of that Act (interpretation), at the appropriate place insert—
.

I213 Private clubs, etc.

In the 1995 Act, after section 21E (which is inserted by Article 4) insert—
.

I314 Discrimination in relation to letting of premises

In the 1995 Act, after section 24 insert—
.

15 Power to modify or end small dwellings exemption

1 The Office may by order amend or repeal provisions of sections 23, 24B and 24H of the 1995 Act—
a for the purpose of adding to the conditions for entitlement to the exemptions conferred by sections 23, 24B(3) and 24H(3);
b for the purpose of making any of the conditions for entitlement to those exemptions more onerous;
c for the purpose of making the conditions for entitlement to those exemptions more onerous overall;
d for the purpose of otherwise restricting the cases in which any of those exemptions is available; or
e for the purpose of removing those exemptions.
2 The power under subsection (1) includes power to make consequential repeals of enactments (including future enactments) that amend section 23, 24B or 24H of the 1995 Act.
3 No order under this section shall be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.

I416 Improvements to let dwelling houses

1 In the 1995 Act, after Part VA (which is inserted by Article 5) insert—
.
2 In section 54A of the 1995 Act (codes of practice), after subsection (1C) insert—
.
3 In Article 9 of the Equality (Disability, etc) (Northern Ireland) Order 2000 (NI 2) (assistance in relation to proceedings)—
a in paragraph (1), after sub-paragraph (aa) insert—
, and
b after paragraph (4) insert—
.

I517 Generalisation of section 56 of the 1995 Act in relation to Part III claims

For section 56 of the 1995 Act substitute—
.

I618 Meaning of “disability”

1 Schedule 1 to the 1995 Act (which supplements the definition of “disability” in section 1 of that Act) shall have effect with the following amendments.
2 Paragraph 1(1) (mental illness must be clinically well-recognised if it is to be basis of “mental impairment”) is omitted.
3 Before paragraph 7 (persons deemed to be disabled) insert—
.
4 In paragraph 7, after sub-paragraph (5) insert—
.
5 At the end insert—
.

Supplementary

I719 Amendments and repeals

I171 Schedule 1 (which contains minor and consequential amendments to the 1995 Act) shall have effect.
I182 The statutory provisions listed in Schedule 2 are repealed to the extent set out in column 2 of that Schedule.

SCHEDULES

SCHEDULE 1 

MINOR AND CONSEQUENTIAL AMENDMENTS

Article 19(1)

1The 1995 Act is amended as follows.
2
1 Section 2 (past disabilities) is amended as follows.
2 In subsection (1) for “and III” insert “ , III and VA ”.
3 In subsection (4) for “or Part III” substitute “ , III or VA ”.
I83
1 Section 3 (guidance) is amended as follows.
2 Before subsection (1) insert—
.
3 In subsection (1) (power to issue guidance about particular matters) for the words from the beginning to “may” substitute “ Without prejudice to the generality of subsection (A1), the Office may, in particular, ”.
4 In subsection (2) (elaboration of the power under subsection (1)), for “The guidance” substitute “ Without prejudice to the generality of subsection (A1), guidance about the matters mentioned in subsection (1) ”.
5 In subsection (3) (duty of court or tribunal to take guidance into account), for the words from “an impairment” to “activities” substitute “ a person is a disabled person ”.
4In the heading to Part II , after “THE EMPLOYMENT FIELD” insert “ AND DISTRICT COUNCILS ”.
5In section 4C(2) (provisions whose application to an office or post prevents sections 4D and 4E applying), for “and section 14C” substitute “ , section 14C and section 15B(3)(b) ”.
6For section 14C(3) (provisions about practical work experience do not apply where certain other provisions operate) substitute—
.
7In section 16A(2) (meaning of relevant relationship in section 16A)—
a in paragraph (a) (relationships during which certain acts are unlawful under preceding provisions of Part II), after “under any preceding provision of this Part” insert “ , other than sections 15B and 15C ”; and
b in paragraph (b) (which refers to employment services within the meaning of Part III), omit the words “(within the meaning of Part III)”.
8
1 Section 16B (discriminatory advertisements) is amended as follows.
2 After subsection (2B) (which is inserted by Article 11) insert—
.
3 In subsection (3)(i) (which refers to employment services within the meaning of Part III), omit the words “(within the meaning of Part III)”.
9
1 Section 17B (enforcement of section 16B and 16C) is amended as follows.
2 In subsections (1), (3) and (4)(a), and in the section's heading, for “16B” substitute “ 16B(1) ”.
3 In subsection (4)(c) for “that section” substitute “ section 16B(1) or (as the case may be) section 16C ”.
10In section 18D(2) (interpretation of Part II)—
a in the definition of “duty to make reasonable adjustments”, after “14D” insert “ , 15C ”; and
b in the definition of “physical feature”, after “in relation to any premises, includes” insert “ (subject to any provision under section 15C(4)(e)) ”.
11In Part II (the employment field and district councils), after section 18D insert—
I912
1 Section 19 (discrimination in relation to goods, facilities and services) is amended as follows.
2 In subsection (2) (interpretation of sections 19 to 21), for “and 21” substitute “ to 21ZA ”.
3 For subsection (5) (services to which sections 19 to 21 do not apply) substitute—
.
4 For subsection (6) (relationship between Part III of the 1995 Act and the 2005 Order) substitute—
13
1 Section 21A (employment services) is amended as follows.
2 In subsection (1) (meaning of “employment services” in Part III), for “this Part” substitute “ this Act ”.
3 In subsection (4) (application of section 19 in relation to employment services), for paragraph (c) (application of section 19(2)) substitute—
14In section 22 (discrimination in relation to premises), after subsection (3) insert—
.
15In section 23(6) (meaning of “relevant occupier”), after paragraph (a) insert—
.
I1016
1 Section 24 (meaning of “discrimination” in section 22) is amended as follows.
2 In subsection (3) (justifications), after paragraph (d) insert—
.
3 After that subsection insert—
.
4 After subsection (4) insert—
.
17After section 24L (which is inserted by section 14) insert—
18In section 25 (enforcement etc. of Part III), for subsections (7) and (8) substitute—
.
19In section 26 (validity and revision of certain agreements), for subsection (1A) substitute—
.
I1120In section 27 (alterations to premises occupied under leases), in subsection (1) (circumstances in which section applies)—
a in paragraph (a), after “provider of services” insert “ , a public authority (within the meaning given by section 21B) or an association to which section 21F applies ”,
b in paragraph (b), for “he” substitute “ the occupier ”, and
c in paragraph (c), at the end insert “ or a duty imposed under section 21E or 21H ”.
I2021In section 46 (rail vehicle accessibility regulations)—
a omit subsections (3) and (4) (offence of using rail vehicle that does not comply with accessibility regulations);
b in the definition of “regulated rail vehicle” in subsection (6) for “the” substitute “ provisions of ”.
I1222
1 Section 54A (codes of practice) is amended as follows.
2 In subsection (1) (persons to whom codes may be issued), after paragraph (b) insert—
.
3 After subsection (1B) insert—
.
4 In subsection (8) (account to be taken of code of practice in proceedings under Part II or III) for “or Part III” substitute “ , III or VA , or any proceedings relating to a relevant improvement, ”.
5 In subsection (9) after the definition of “the Office” insert—
.
23
1 Section 55 (victimisation) is amended as follows.
2 In subsection (1) (victimisation is discrimination for the purposes of Parts II and III of the 1995 Act) after “Part III” insert “ (other than sections 24A to 24L) ”.
3 In subsection (2)(a)(iii) (discrimination on account of something done under the Act), after “done anything under” insert “ , or by reference to, ”.
4 In subsection (5) (provisions of Part II under which discrimination includes victimisation of a non-disabled person) after “14C” insert “ , 15B ”.
5 Subsection (6) is omitted.
24
1 Section 64 (application to Crown etc) is amended as follows.
2 Before subsection (1) insert—
.
3 In subsection (1) (Act applies to certain acts done on behalf of the Crown as to acts done by private persons), after “This Act” insert “ , other than the provisions mentioned in paragraphs (a) and (b) of subsection (A1), ”.
4 In subsection (2A) (subsections (1) and (2) have effect subject to section 64A), for “(1) and” substitute “ (A1) to ”.
I1325
1 Section 67 (regulations and orders) is amended as follows.
2 After subsection (3) insert—
.
3 For subsection (4) (instruments containing orders under section 50(3), which has been repealed, to be subject to affirmative procedure) substitute—
.
26
1 Section 68(1) (interpretation) is amended as follows.
2 In subsection (1) at the appropriate places insert—
;
;
;
;
.
3 After subsection (1) insert—
.
27In Schedule 1 (provisions supplementing section 1), in paragraph 8 (progressive conditions), in sub-paragraph (1)(a), for “infection by the human immunodeficiency virus” substitute “ HIV infection ”.
28
1 Schedule 2 (modifications with which provisions mentioned in section 2(1) apply to persons who have had a disability) is amended as follows.
2 In paragraph 2 (references in Parts II and II to a disabled person) for “and III” substitute “ , III and VA ”.
3 In paragraph 3 (past disabilities: modification of references to “not disabled”) after “14D(1)” insert “ , 15C(1) ”.
4 In paragraph 4 (past disabilities: modification of references to “has a disability”) after “14D(3)(b)” insert “ , 15C(3)(a) ”.
5 After paragraph 4 insert—
29
1 Schedule 3 (enforcement and procedure) is amended as follows.
2 In paragraph 2 (restriction on proceedings for breach of Part II of the Act), after sub-paragraph (2) insert—
3 In Part II (claims under section 25 to enforce Part III of the Act), after paragraph 6 insert—
I1430
1 Schedule 3A (validity of contracts, etc.) is amended as follows.
2 In paragraph 2(3) (meaning of “relevant independent adviser”), after paragraph (c) insert
3 For paragraph 11 (application of Schedule to Part III of the Act so far as relating to employment services) substitute—
.
31
1 Schedule 4 (premises occupied under leases) is amended as follows.
2 In paragraph 2 (joining lessors in tribunal proceedings)—
a in the heading, the words “or 25(8)” are omitted, and
b in sub-paragraph (1), for “under section 17A or 25(8)” substitute “ on a complaint under section 17A ”.
3 In the heading to Part II (occupation by provider of services) for “provider of services” substitute “ persons subject to a duty under section 21, section 21E or 21H ”.
4 In paragraph 5 (failure to obtain consent to alteration), after “section 21 duty” insert “ or the duty imposed under section 21E or 21H ”.
5 In paragraph 7(1) (joining lessors in proceedings under section 25), for “under section 25, in a case to which this Part of this Schedule applies,” substitute “ under section 25 in a case to which section 27 applies, other than a claim presented as a complaint under section 25(8), ”.
6 After paragraph 7 insert—
.
32In Schedule 8, omit paragraph 2(1).

I15I19 SCHEDULE 2 

REPEALS

 

Article 19(2)

Short TitleExtent of repeal
The Disability Discrimination Act 1995 (c. 50)

In sections 16A(2)(b) and 16B(3)(i), the words “(within the meaning of Part III)”.

Section 18.

In section 46—
  1. subsections (3) and (4);
  2. in subsection (6), the definition of “operator”; and
  3. subsections (8) to (10).

In section 48(1), the words “or 46”.

In section 49(1)(c), the word “or” at the end.

Section 55(6).

In Schedule 1, paragraph 1(1).

In Schedule 3A, in paragraph 2(3)(b), the word “or” at the end.In Schedule 8, paragraphs 2(1) and 30(2).

Footnotes

  1. P1
    Art. 1(2) power partly exercised: 3.7.2006 appointed for specified provisions by {S.R. 2006/289}, art. 2; 1.1.2007 appointed for specified provision by {S.R. 2006/470}, art. 2; 31.10.2007 appointed for specified provisions by {S.R. 2007/430}, art. 2; different dates appointed for specified provisions by {S.R. 2007/466}, art. 2
  2. I1
    Art. 4 wholly in operation at 31.12.2007; art. 4 not in operation at date of making see art. 1(2); art. 4 in operation for certain purposes at 3.7.2006 by S.R. 2006/289, art. 2(2); art. 4 in operation at 31.12.2007 insofar as not already in operation by S.R. 2007/466, art. 2(2)(b)
  3. I2
    Art. 13 wholly in operation at 31.12.2007; art. 13 not in operation at date of making see art. 1(2); art. 13 in operation for certain purposes at 3.7.2006 by S.R. 2006/289, art. 2(2); art. 13 in operation for certain purposes at 9.11.2007 by S.R. 2007/466, art. 2(1); art. 13 in operation at 31.12.2007 insofar as not already in operation by S.R. 2007/466, art. 2(2)(g)
  4. I3
    Art. 14 wholly in operation at 31.12.2007; art. 14 not in operation at date of making see art. 1(2); art. 14 in operation for certain purposes at 3.7.2006 by S.R. 2006/289, art. 2(2); art. 14 in operation at 31.12.2007 insofar as not already in operation by S.R. 2007/466, art. 2(2)(h)
  5. I4
    Art. 16 wholly in operation at 31.12.2007; art. 16 not in operation at date of making see art. 1(2); art. 16(2) in operation at 3.7.2006 by S.R. 2006/289, art. 2; art. 16 in operation at 31.12.2007 insofar as not already in operation by S.R. 2007/466, art. 2(2)(j)
  6. I5
    Art. 17 wholly in operation at 31.12.2007; art. 17 not in operation at date of making see art. 1(2); art. 17 in operation for certain purposes at 3.7.2006 by S.R. 2006/289, art. 2(2); art. 17 in operation at 31.12.2007 insofar as not already in operation by S.R. 2007/466, art. 2(2)(k)
  7. I6
    Art. 18 wholly in operation at 31.10.2007; art. 18 not in operation at date of making see art. 1(2); art. 18 in operation for certain purposes at 3.7.2006 by S.R. 2006/289, art. 2(2); art. 18 in operation at 31.10.2007 insofar as not already in operation by S.R. 2007/430, art. 2(a)
  8. I7
    Art. 19 partly in operation; art. 19 not in operation at date of making see art. 1(2); art. 19(1) in operation for certain purposes at 3.7.2006 by S.R. 2006/289, art. 2; art. 19(1)(2) in operation for certain purposes at 31.10.2007 by S.R. 2007/430, art. 2; art. 19(1)(2) in operation for certain purposes at 31.12.2007 by S.R. 2007/466, art. 2(2)
  9. I8
    Sch. 1 para. 3 wholly in operation at 31.10.2007; Sch. 1 para. 3 not in operation at date of making see art. 1(2); Sch. 1 para. 3(1)-(4) in operation at 3.7.2006 by S.R. 2006/289, art. 2(1); Sch. 1 para. 3 in operation at 31.10.2007 insofar as not already in operation by S.R. 2007/430, art. 2(c)
  10. I9
    Sch. 1 para. 12 wholly in operation at 31.12.2007; Sch. 1 para. 12 not in operation at date of making see art. 1(2); Sch. 1 para. 12(1)-(3) in operation at 3.7.2006 by S.R. 2006/289, art. 2(1); Sch. 1 para. 12 in operation at 31.12.2007 insofar as not already in operation by S.R. 2007/466, art. 2(2)(m)
  11. I10
    Sch.1 para. 16 wholly in operation at 31.12.2007; Sch.1 para. 16 not in operation at date of making see art. 1(2); Sch.1 para. 16(1)(4) in operation at 3.7.2006 by S.R. 2006/289, art. 2(1); Sch. 1 para. 16 in operation at 31.12.2007 insofar as not already in operation by S.R. 2007/466, art. 2(2)(m)
  12. I11
    Sch. 1 para. 20 wholly in operation at 31.12.2007; Sch. 1 para. 20 not in operation at date of making see art. 1(2); Sch. 1 para. 20 in operation for certain purposes at 3.7.2006 by S.R. 2006/289, art. 2(2); Sch. 1 para. 20 in operation at 31.12.2007 insofar as not already in operation by S.R. 2007/466, art. 2(2)(m)
  13. I12
    Sch. 1 para. 22 wholly in operation at 31.12.2007; Sch. 1 para. 22 not in operation at date of making see art. 1(2); Sch. 1 para. 22(1)-(3)(5) in operation at 3.7.2006 by S.R. 2006/289, art. 2(1); Sch. 1 para. 22 in operation at 31.12.2007 insofar as not already in operation by S.R. 2007/466, art. 2(2)(m)
  14. I13
    Sch. 1 para. 25 wholly in operation at 31.12.2007; Sch. 1 para. 25(2)(3) not in operation at date of making see art. 1(2); Sch. 1 para. 25(2)(3) in operation for certain purposes at 3.7.2006 by S.R. 2006/289, art. 2(2); Sch. 1 para. 25 in operation at 31.12.2007 insofar as not already in operation by S.R. 2007/466, art. 2(2)(m)
  15. I14
    Sch. 1 para. 30 wholly in operation at 31.12.2007; Sch. 1 para. 30 not in operation at date of making see art. 1(2); Sch. 1 para. 30(1)(2) in operation at 3.7.2006 by S.R. 2006/289, art. 2(1); Sch. 1 para. 30 in operation at 31.12.2007 insofar as not already in operation by S.R. 2007/466, art. 2(2)(m)
  16. I15
    Sch. 2 partly in operation; Sch. 2 not in operation at date of making see art. 1(2); Sch. 2 in operation for certain purposes at 31.10.2007 by S.R. 2007/430, art. 2(d); Sch. 2 in operation for certain purposes at 31.12.2007 by S.R. 2007/466, art. 2(2)(n)
  17. I16
    Art. 8 in operation at 2.9.2013 by S.R. 2013/216, art. 2(a)
  18. I17
    Art. 19(1) in operation at 2.9.2013 for specified purposes by S.R. 2013/216, art. 2(b)
  19. I18
    Art. 19(2) in operation at 2.9.2013 for specified purposes by S.R. 2013/216, art. 2(c)
  20. I19
    Sch. 2 in operation at 2.9.2013 for specified purposes by S.R. 2013/216, art. 2(c)
  21. I20
    Sch. 1 para. 21(a)(b) in operation at 2.9.2013 by S.R. 2013/216, art. 2(b)
  22. C1
    Order: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 2 (with art. 9(2))