Disability Discrimination Act 1995 Part I Disability Meaning of “disability” and “disabled person”. 1 1 Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act and Part III of the 2005 Order if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. 2 In this Act and Part III of the 2005 Order “ disabled person ” means a person who has a disability. Past disabilities. 2 1 The provisions of this Part and Parts II , III and VA and Part III of the 2005 Order apply in relation to a person who has had a disability as they apply in relation to a person who has that disability. 2 Those provisions are subject to the modifications made by Schedule 2. 3 Any regulations or order made under this Act or Part III of the 2005 Order may include provision with respect to persons who have had a disability. 4 In any proceedings under Part II , III or VA of this Act or Part III of the 2005 Order , the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act or Part III of the 2005 Order in force when the act complained of was done had been in force at the relevant time. 5 The relevant time may be a time before the passing of this Act or (as the case may be) the making of the 2005 Order . Guidance. 3 A1 The Office may issue guidance about matters to be taken into account in determining whether a person is a disabled person. 1 Without prejudice to the generality of subsection (A1), the Office may, in particular, issue guidance about the matters to be taken into account in determining— a whether an impairment has a substantial adverse effect on a person’s ability to carry out normal day-to-day activities; or b whether such an impairment has a long-term effect. 2 Without prejudice to the generality of subsection (A1), guidance about the matters mentioned in subsection (1) may, among other things, give examples of— a effects which it would be reasonable, in relation to particular activities, to regard for purposes of this Act as substantial adverse effects; b effects which it would not be reasonable, in relation to particular activities, to regard for such purposes as substantial adverse effects; c substantial adverse effects which it would be reasonable to regard, for such purposes, as long-term; d substantial adverse effects which it would not be reasonable to regard, for such purposes, as long-term. 3 A tribunal or court determining, for any purpose of this Act or Part III of the 2005 Order , whether a person is a disabled person , shall take into account any guidance which appears to it to be relevant. 4 In preparing a draft of any guidance, the Department shall consult such persons as it considers appropriate. 5 Where the Department proposes to issue any guidance, the Department shall publish a draft of it, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations. 6 If the Department decides to proceed with any proposed guidance, the Department shall lay a draft of it before the Assembly. 7 If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed guidance. 8 If no such resolution is made within the statutory period, the Department shall issue the guidance in the form of its draft. 9 The guidance shall come into force on such date as the Department may by order appoint. 10 Subsection (7) does not prevent a new draft of the proposed guidance being laid before the Assembly. 11 The Department may— a from time to time revise the whole or any part of any guidance and re-issue it ; b by order revoke any guidance. 12 In this section— “ the Department ” means the Department of Economic Development; “ guidance ” means guidance issued by the Department under this section and includes guidance which has been revised and re-issued; “ statutory period ” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954. Part II THE EMPLOYMENT FIELD AND DISTRICT COUNCILS and members of locally-electable authorities Meaning of “discrimination” and “harassment” Meaning of “discrimination” 3A 1 For the purposes of this Part, a person discriminates against a disabled person if— a for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply, and b he cannot show that the treatment in question is justified. 2 For the purposes of this Part, a person also discriminates against a disabled person if he fails to comply with a duty to make reasonable adjustments imposed on him in relation to the disabled person. 3 Treatment is justified for the purposes of subsection (1)(b) if, but only if, the reason for it is both material to the circumstances of the particular case and substantial. 4 But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within subsection (5). 5 A person directly discriminates against a disabled person if, on the ground of the disabled person’s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person. 6 If, in a case falling within subsection (1), a person is under a duty to make reasonable adjustments in relation to a disabled person but fails to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with that duty. Meaning of “harassment” 3B 1 For the purposes of this Part, a person subjects a disabled person to harassment where, for a reason which relates to the disabled person’s disability, he engages in unwanted conduct which has the purpose or effect of— a violating the disabled person’s dignity, or b creating an intimidating, hostile, degrading, humiliating or offensive environment for him. 2 Conduct shall be regarded as having the effect referred to in paragraph (a) or (b) of subsection (1) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect. Employment Discrimination against applicants and employees. 4 1 It is unlawful for an employer to discriminate against a disabled person – a in the arrangements which he makes for the purpose of determining to whom he should offer employment; b in the terms on which he offers that person employment; or c by refusing to offer, or deliberately not offering, him employment. 2 It is unlawful for an employer to discriminate against a disabled person whom he employs – a in the terms of employment which he affords him; b in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit; c by refusing to afford him, or deliberately not affording him, any such opportunity; or d by dismissing him, or subjecting him to any other detriment. 3 It is also unlawful for an employer, in relation to employment by him, to subject to harassment – a a disabled person whom he employs; or b a disabled person who has applied to him for employment. 4 Subsection (2) does not apply to benefits of any description if the employer is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless – a that provision differs in a material respect from the provision of the benefits by the employer to his employees; b the provision of the benefits to the employee in question is regulated by his contract of employment; or c the benefits relate to training. 5 The reference in subsection (2)(d) to the dismissal of a person includes a reference – a to the termination of that person’s employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms; and b to the termination of that person’s employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer. 6 This section applies only in relation to employment at an establishment in Northern Ireland. Employers: duty to make adjustments 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “discrimination” 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of employer to make adjustments. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for small businesses. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contract workers Contract workers 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office-holders Office-holders: introductory 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office-holders: discrimination and harassment 4D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office-holders: duty to make adjustments 4E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office-holders: supplementary 4F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupational pension schemes Occupational pension schemes: non-discrimination rule 4G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupational pension schemes: duty to make adjustments 4H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupational pension schemes: procedure 4I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupational pension schemes: remedies 4J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupational pension schemes: supplementary 4K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Partnerships Partnerships: discrimination and harassment 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Partnerships: duty to make adjustments 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Partnerships: supplementary 6C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Barristers and advocates Barristers Barristers: discrimination and harassment 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Barristers: duty to make adjustments 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advocates: discrimination and harassment 7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advocates: duty to make adjustments 7D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement etc. Enforcement, remedies and procedure. 8 1 A complaint by any person that another person— a has discriminated against him in a way which is unlawful under this Part, or b is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way, may be presented to an employment tribunal . 2 Where an employment tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable— a making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates; b ordering the respondent to pay compensation to the complainant; c recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates. 3 Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty. 4 For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head. 5 If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an employment tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so— a increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or b make an order under subsection (2)(b). 6 Regulations may make provision— a for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and b specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined. 7 Regulations may modify the operation of any order made under section 14 of the Employment Tribunals Act 1996 (power to make provision as to interest on sums payable in pursuance of employment tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b). 8 Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure. Validity of certain agreements. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Charities and support for particular groups of persons. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advertisements suggesting that employers will discriminate against disabled persons 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discrimination by other persons Discrimination against contract workers. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal against refusal of exemption certificate. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trade and professional bodies Trade organisations: discrimination and harassment 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trade organisations: duty to make adjustments 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications bodies: discrimination and harassment 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications bodies: duty to make adjustments 14B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Practical work experience Practical work experience: discrimination and harassment 14C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Practical work experience: duty to make adjustments 14D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relationships between locally-electable authorities and their members Relationships between district councils and their members Interpretation of sections 15B and 15C 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorities and their members: discrimination and harassment 15B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorities and their members: duty to make adjustments 15C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alterations to premises occupied under leases. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other unlawful acts Relationships which have come to an end 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discriminatory advertisements 16B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Instructions and pressure to discriminate 16C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupational pension schemes. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement etc. Enforcement, remedies and procedure. 17A 1 A complaint by any person that another person— a has discriminated against him , or subjected him to harassment, in a way which is unlawful under this Part, or b is, by virtue of section 57 or 58, to be treated as having done so , may be presented to an industrial tribunal. 1A Subsection (1) does not apply to a complaint under section 14A(1) or (2) about an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment. 1B Where, on the hearing of a complaint under subsection (1), the complainant proves facts from which the tribunal could, apart from this subsection, conclude in the absence of an adequate explanation that the respondent has acted in a way which is unlawful under this Part, the tribunal shall uphold the complaint unless the respondent proves that he did not so act. 2 Where an industrial tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable— a making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates; b ordering the respondent to pay compensation to the complainant; c recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates. 3 Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort for breach of statutory duty. 4 For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head. 5 If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so— a increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or b make an order under subsection (2)(b). 6 Regulations may make provision— a for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and b specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined. 7 Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b). 8 Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure. Enforcement of sections 16B(1) and 16C 17B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Validity of contracts, collective agreements and rules of undertakings 17C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary and general Insurance services. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alterations to premises occupied under leases. 18A 1 This section applies where— a a person to whom a duty to make reasonable adjustments applies (“the occupier”) occupies premises under a lease; b but for this section, the occupier would not be entitled to make a particular alteration to the premises; and c the alteration is one which the occupier proposes to make in order to comply with that duty . 2 Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided— a for the occupier to be entitled to make the alteration with the written consent of the lessor; b for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration; c if such an application is made, for the lessor not to withhold his consent unreasonably; and d for the lessor to be entitled to make his consent subject to reasonable conditions. 2A Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided— i for the lessee to have to make a written application to the lessor for consent to the alteration; ii if such an application is made, for the lessor not to withhold his consent unreasonably; and iii for the lessor to be entitled to make his consent subject to reasonable conditions. 3 In this section— “ lease ” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and “ sub-lease ” and “ sub-tenancy ” have such meaning as may be prescribed. 4 If the terms and conditions of a lease— a impose conditions which are to apply if the occupier alters the premises, or b entitle the lessor to impose conditions when consenting to the occupier’s altering the premises, the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration. 5 Part I of Schedule 4 supplements the provisions of this section. Reasonable adjustments: supplementary 18B 1 In determining whether it is reasonable for a person to have to take a particular step in order to comply with a duty to make reasonable adjustments, regard shall be had, in particular, to— a the extent to which taking the step would prevent the effect in relation to which the duty is imposed; b the extent to which it is practicable for him to take the step; c the financial and other costs which would be incurred by him in taking the step and the extent to which taking it would disrupt any of his activities; d the extent of his financial and other resources; e the availability to him of financial or other assistance with respect to taking the step; f the nature of his activities and the size of his undertaking; g where the step would be taken in relation to a private household, the extent to which taking it would— i disrupt that household, or ii disturb any person residing there. 2 The following are examples of steps which a person may need to take in relation to a disabled person in order to comply with a duty to make reasonable adjustments— a making adjustments to premises; b allocating some of the disabled person’s duties to another person; c transferring him to fill an existing vacancy; d altering his hours of working or training; e assigning him to a different place of work or training; f allowing him to be absent during working or training hours for rehabilitation, assessment or treatment; g giving, or arranging for, training or mentoring (whether for the disabled person or any other person); h acquiring or modifying equipment; i modifying instructions or reference manuals; j modifying procedures for testing or assessment; k providing a reader or interpreter; l providing supervision or other support. 3 For the purposes of a duty to make reasonable adjustments, where under any binding obligation a person is required to obtain the consent of another person to any alteration of the premises occupied by him— a it is always reasonable for him to have to take steps to obtain that consent; and b it is never reasonable for him to have to make that alteration before that consent is obtained. 4 The steps referred to in subsection (3)(a) shall not be taken to include an application to a court or tribunal. 5 In subsection (3), “ binding obligation ” means a legally binding obligation (not contained in a lease (within the meaning of section 18A(3)) in relation to the premises, whether arising from an agreement or otherwise. 6 A provision of this Part imposing a duty to make reasonable adjustments applies only for the purpose of determining whether a person has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such. Charities and support for particular groups of persons. 18C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Part 2 18D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises provided otherwise than in course of a Part 2 relationship 18E 1 This Part does not apply in relation to the provision, otherwise than in the course of a Part 2 relationship, of premises by the regulated party to the other party. 2 For the purposes of subsection (1)— a “Part 2 relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and b in relation to a Part 2 relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C. PART III Discrimination in Other Areas Goods, facilities and services Discrimination in relation to goods, facilities and services. 19 1 It is unlawful for a provider of services to discriminate against a disabled person— a in refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public; b in failing to comply with any duty imposed on him by section 21 in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service; c in the standard of service which he provides to the disabled person or the manner in which he provides it to him; or d in the terms on which he provides a service to the disabled person. 2 For the purposes of this section and sections 20 to 21ZA — a the provision of services includes the provision of any goods or facilities; b a person is “ a provider of services ” if he is concerned with the provision, in the United Kingdom, of services to the public or to a section of the public; and c it is irrelevant whether a service is provided on payment or without payment. 3 The following are examples of services to which this section and sections 20 and 21 apply— a access to and use of any place which members of the public are permitted to enter; b access to and use of means of communication; c access to and use of information services; d accommodation in a hotel, boarding house or other similar establishment; e facilities by way of banking or insurance or for grants, loans, credit or finance; f facilities for entertainment, recreation or refreshment; g facilities provided by employment agencies or under sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950 ; h the services of any profession or trade, or any local or other public authority. 4 In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled. 4A Subsection (1) does not apply to anything that is governed by Regulation ( EC ) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air. 5 Regulations may provide for subsection (1) and section 21(1), (2) and (4) not to apply, or to apply only to a prescribed extent, in relation to a service of a prescribed description. 6 Nothing in this section or sections 20 to 21A applies to the provision of a service in relation to which discrimination is unlawful under Part III of the 2005 Order. Meaning of “discrimination” 20 1 For the purposes of section 19, a provider of services discriminates against a disabled person if — a for a reason which relates to the disabled person's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and b he cannot show that the treatment in question is justified. 2 For the purposes of section 19, a provider of services also discriminates against a disabled person if — a he fails to comply with a section 21 duty imposed on him in relation to the disabled person; and b he cannot show that his failure to comply with that duty is justified. 3 For the purposes of this section, treatment is justified only if— a in the opinion of the provider of services, one or more of the conditions mentioned in subsection (4) are satisfied; and b it is reasonable, in all the circumstances of the case, for him to hold that opinion. 4 The conditions are that— a in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person); b in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case; c in a case falling within section 19(1)(a), the treatment is necessary because the provider of services would otherwise be unable to provide the service to members of the public; d in a case falling within section 19(1)(c) or (d), the treatment is necessary in order for the provider of services to be able to provide the service to the disabled person or to other members of the public; e in a case falling within section 19(1)(d), the difference in the terms on which the service is provided to the disabled person and those on which it is provided to other members of the public reflects the greater cost to the provider of services in providing the service to the disabled person. 5 Any increase in the cost of providing a service to a disabled person which results from compliance by a provider of services with a section 21 duty shall be disregarded for the purposes of subsection (4)(e). 6 Regulations may make provision, for purposes of this section, as to circumstances in which— a it is reasonable for a provider of services to hold the opinion mentioned in subsection (3)(a); b it is not reasonable for a provider of services to hold that opinion. 7 Regulations may make provision for subsection (4)(b) not to apply in prescribed circumstances where— a a person is acting for a disabled person under a power of attorney; b functions conferred by or under the Mental Capacity Act 2005 are exercisable in relation to a disabled person's property or affairs; or c powers are exercisable in relation to a disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor. 8 Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (4)) in which treatment is to be taken to be justified. 9 In subsections (3), (4) and (8) “treatment” includes failure to comply with a section 21 duty. Duty of providers of services to make adjustments. 21 1 Where a provider of services has a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled persons to make use of a service which he provides, or is prepared to provide, to other members of the public, it is his duty to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change that practice, policy or procedure so that it no longer has that effect. 2 Where a physical feature (for example, one arising from the design or construction of a building or the approach or access to premises) makes it impossible or unreasonably difficult for disabled persons to make use of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to— a remove the feature; b alter it so that it no longer has that effect; c provide a reasonable means of avoiding the feature; or d provide a reasonable alternative method of making the service in question available to disabled persons. 3 Regulations may prescribe— a matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection (2)(c) or (d) is reasonable; and b categories of providers of services to whom subsection (2) does not apply. 4 Where an auxiliary aid or service (for example, the provision of information on audio tape or of a sign language interpreter) would— a enable disabled persons to make use of a service which a provider of services provides, or is prepared to provide, to members of the public, or b facilitate the use by disabled persons of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to provide that auxiliary aid or service. 5 Regulations may make provision, for the purposes of this section— a as to circumstances in which it is reasonable for a provider of services to have to take steps of a prescribed description; b as to circumstances in which it is not reasonable for a provider of services to have to take steps of a prescribed description; c as to what is to be included within the meaning of “practice, policy or procedure”; d as to what is not to be included within the meaning of that expression; e as to things which are to be treated as physical features; f as to things which are not to be treated as such features; g as to things which are to be treated as auxiliary aids or services; h as to things which are not to be treated as auxiliary aids or services. 6 Nothing in this section requires a provider of services to take any steps which would fundamentally alter the nature of the service in question or the nature of his trade, profession or business. 7 Nothing in this section requires a provider of services to take any steps which would cause him to incur expenditure exceeding the prescribed maximum. 8 Regulations under subsection (7) may provide for the prescribed maximum to be calculated by reference to— a aggregate amounts of expenditure incurred in relation to different cases; b prescribed periods; c services of a prescribed description; d premises of a prescribed description; or e such other criteria as may be prescribed. 9 Regulations may provide, for the purposes of subsection (7), for expenditure incurred by one provider of services to be treated as incurred by another. 10 This section imposes duties only for the purpose of determining whether a provider of services has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such. Application of sections 19 to 21 to transport vehicles 21ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employment services 21A 1 In this Act , “ employment services ” means— a vocational guidance; b vocational training; or c services to assist a person to obtain or retain employment, or to establish himself as self-employed. 2 It is unlawful for a provider of employment services, in relation to such services, to subject to harassment a disabled person— a to whom he is providing such services, or b who has requested him to provide such services; and section 3B (meaning of “harassment”) applies for the purposes of this subsection as it applies for the purposes of Part II. 3 In their application to employment services, the preceding provisions of this Part have effect as follows. 4 Section 19 has effect as if— a after subsection (1)(a), there were inserted the following paragraph— aa in failing to comply with a duty imposed on him by subsection (1) of section 21 in circumstances in which the effect of that failure is to place the disabled person at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of the service; ; b in subsection (1)(b), for “section 21” there were substituted “ subsection (2) or (4) of section 21 ” ; c in subsection (2), for “sections 20 to 21ZA” there were substituted sections 20 to 21A. 5 Section 20 has effect as if— a after subsection (1), there were inserted the following subsection— 1A For the purposes of section 19, a provider of services also discriminates against a disabled person if he fails to comply with a duty imposed on him by subsection (1) of section 21 in relation to the disabled person. ; b in subsection (2)(a), for “a section 21 duty imposed” there were substituted “ a duty imposed by subsection (2) or (4) of section 21 ” ; c after subsection (3), there were inserted the following subsection— 3A But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within section 3A(5). . 6 Section 21 has effect as if— a in subsection (1), for “makes it impossible or unreasonably difficult for disabled persons to make use of” there were substituted places disabled persons at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of; b after subsection (1), there were inserted the following subsection— 1A In subsection (1), “ practice, policy or procedure ” includes a provision or criterion. . Public authorities Discrimination by public authorities 21B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exceptions from section 21B(1) 21C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “discrimination” in section 21B 21D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties for purposes of section 21D(2) to make adjustments 21E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Private clubs etc. Discrimination by private clubs etc. 21F 1 This section applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if— a it has twenty-five or more members; b admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of section 19(2); and c it is not an organisation to which section 13 applies. 2 It is unlawful for an association to which this section applies, in the case of a disabled person who is not a member of the association, to discriminate against him— a in the terms on which it is prepared to admit him to membership; or b by refusing or deliberately omitting to accept his application for membership. 3 It is unlawful for an association to which this section applies, in the case of a disabled person who is a member, or associate, of the association, to discriminate against him— a in the way it affords him access to a benefit, facility or service; b by refusing or deliberately omitting to afford him access to a benefit, facility or service; c in the case of a member— i by depriving him of membership, or ii by varying the terms on which he is a member; d in the case of an associate— i by depriving him of his rights as an associate, or ii by varying those rights; or e in either case, by subjecting him to any other detriment. 4 It is unlawful for an association to which this section applies to discriminate against a disabled person— a in the way it affords him access to a benefit, facility or service, b by refusing or deliberately omitting to afford him access to a benefit, facility or service, or c by subjecting him to any other detriment, in his capacity as a guest of the association. 5 It is unlawful for an association to which this section applies to discriminate against a disabled person— a in the terms on which it is prepared to invite him, or permit a member or associate to invite him, to be a guest of the association; b by refusing or deliberately omitting to invite him to be a guest of the association; or c by not permitting a member or associate to invite him to be a guest of the association. 6 It is unlawful for an association to which this section applies to discriminate against a disabled person in failing in prescribed circumstances to comply with a duty imposed on it under section 21H. 7 In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled. Meaning of “discrimination” 21G 1 For the purposes of section 21F, an association discriminates against a disabled person if— a for a reason which relates to the disabled person’s disability, the association treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and b it cannot show that the treatment in question is justified. 2 For the purposes of subsection (1), treatment is justified only if— a in the opinion of the association, one or more of the conditions mentioned in subsection (3) are satisfied; and b it is reasonable, in all the circumstances, for it to hold that opinion. 3 The conditions are that— a the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person); b the disabled person is incapable of entering into an enforceable agreement, or giving an informed consent, and for that reason the treatment is reasonable in that case; c in a case falling within section 21F(2)(a), (3)(a), (c)(ii), (d)(ii) or (e), (4)(a) or (c) or (5)(a), the treatment is necessary in order for the association to be able to afford members, associates or guests of the association, or the disabled person, access to a benefit, facility or service; d in a case falling within section 21F(2)(b), (3)(b), (c)(i) or (d)(i), (4)(b) or (5)(b) or (c), the treatment is necessary because the association would otherwise be unable to afford members, associates or guests of the association access to a benefit, facility or service; e in a case falling within section 21F(2)(a), the difference between— i the terms on which membership is offered to the disabled person, and ii those on which it is offered to other persons, reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service; f in a case falling within section 21F(3)(a), (c)(ii) or (d)(ii) or (4)(a), the difference between— i the association’s treatment of the disabled person, and ii its treatment of other members or (as the case may be) other associates or other guests of the association, reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service; g in a case falling within section 21F(5)(a), the difference between— i the terms on which the disabled person is invited, or permitted to be invited, to be a guest of the association, and ii those on which other persons are invited, or permitted to be invited, to be guests of the association, reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service. 4 Any increase in the cost of affording a disabled person access to a benefit, facility or service which results from compliance with a duty under section 21H shall be disregarded for the purposes of subsection (3)(e), (f) and (g). 5 Regulations may— a make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for an association to hold the opinion mentioned in subsection (2)(a); b amend or omit a condition specified in subsection (3) or make provision for it not to apply in prescribed circumstances; c make provision as to circumstances (other than any for the time being mentioned in subsection (3)) in which treatment is to be taken to be justified for the purposes of subsection (1). 6 For the purposes of section 21F, an association also discriminates against a disabled person if— a it fails to comply with a duty under section 21H imposed on it in relation to the disabled person; and b it cannot show that its failure to comply with that duty is justified. 7 Regulations may make provision as to circumstances in which failure to comply with a duty under section 21H is to be taken to be justified for the purposes of subsection (6). Duty to make adjustments 21H 1 Regulations may make provision imposing on an association to which section 21F applies— a a duty to take steps for a purpose relating to a policy, practice or procedure of the association, or a physical feature, which adversely affects disabled persons who— i are, or might wish to become, members or associates of the association, or ii are, or are likely to become, guests of the association; b a duty to take steps for the purpose of making an auxiliary aid or service available to any such disabled persons. 2 Regulations under subsection (1) may (in particular)— a make provision as to the cases in which a duty is imposed; b make provision as to the steps which a duty requires to be taken; c make provision as to the purpose for which a duty requires steps to be taken. 3 Any duty imposed under this section is imposed only for the purpose of determining whether an association has, for the purposes of section 21F, discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such. “Member”, “associate” and “guest” 21J 1 For the purposes of sections 21F to 21H and this section— a a person is a member of an association to which section 21F applies if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association), and references to membership of an association shall be construed accordingly; b a person is an associate of an association to which section 21F applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases). 2 References in sections 21F to 21H to a guest of an association include a person who is a guest of the association by virtue of an invitation issued by a member or associate of the association and permitted by the association. 3 Regulations may make provision, for purposes of sections 21F to 21H, as to circumstances in which a person is to be treated as being, or as to circumstances in which a person is to be treated as not being, a guest of an association. Premises Discrimination in relation to premises. 22 1 It is unlawful for a person with power to dispose of any premises to discriminate against a disabled person— a in the terms on which he offers to dispose of those premises to the disabled person; b by refusing to dispose of those premises to the disabled person; or c in his treatment of the disabled person in relation to any list of persons in need of premises of that description. 2 Subsection (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless, for the purpose of disposing of the premises, he— a uses the services of an estate agent, or b publishes an advertisement or causes an advertisement to be published. 3 It is unlawful for a person managing any premises to discriminate against a disabled person occupying those premises— a in the way he permits the disabled person to make use of any benefits or facilities; b by refusing or deliberately omitting to permit the disabled person to make use of any benefits or facilities; or c by evicting the disabled person, or subjecting him to any other detriment. 3A Regulations may make provision, for purposes of subsection (3)— a as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises; b as to who is to be treated as being, or as to who is to be treated as not being, a person occupying premises. 4 It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in, or (in Scotland) the subject of, a tenancy to discriminate against a disabled person by withholding his licence or consent for the disposal of the premises to the disabled person. 5 Subsection (4) applies to tenancies created before as well as after the passing of this Act. 6 In this section— “ advertisement ” includes every form of advertisement or notice, whether to the public or not; “ dispose ”, in relation to premises, includes granting a right to occupy the premises, and, in relation to premises comprised in, or (in Scotland) the subject of, a tenancy, includes— assigning the tenancy, and sub-letting or parting with possession of the premises or any part of the premises; and “ disposal ” shall be construed accordingly; “ estate agent ” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises; and “ tenancy ” means a tenancy created— by a lease or sub-lease, by an agreement for a lease or sub-lease, by a tenancy agreement, or in pursuance of any enactment. 7 In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled. 8 This section applies only in relation to premises in the United Kingdom. Commonholds 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption for small dwellings. 23 1 Where the conditions mentioned in subsection (2) are satisfied, subsection (1), (3) or (as the case may be) (4) of section 22 does not apply. 2 The conditions are that— a the relevant occupier resides, and intends to continue to reside, on the premises; b the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household; c the shared accommodation is not storage accommodation or a means of access; and d the premises are small premises. 3 For the purposes of this section, premises are “ small premises ” if they fall within subsection (4) or (5). 4 Premises fall within this subsection if— a only the relevant occupier and members of his household reside in the accommodation occupied by him; b the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one other household; c the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and d there are not normally more than two such other households. 5 Premises fall within this subsection if there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household. 6 For the purposes of this section “ the relevant occupier ” means— a in a case falling within section 22(1), the person with power to dispose of the premises, or a near relative of his; aa in a case falling within section 22(3), the person managing the premises, or a near relative of his; b in a case falling within section 22(4), the person whose licence or consent is required for the disposal of the premises, or a near relative of his. 7 For the purposes of this section— “ near relative ” means a person’s spouse or civil partner , partner, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or by marriage or civil partnership) ); and “ partner ” means the other member of a couple consisting of— a man and a woman who are not married to each other but are living together as husband and wife, or two people of the same sex who are not civil partners of each other but are living together as if they were civil partners. Meaning of “discrimination” . 24 1 For the purposes of section 22 sections 22 and 22A , a person (“A”) discriminates against a disabled person if— a for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and b he cannot show that the treatment in question is justified. 2 For the purposes of this section, treatment is justified only if— a in A’s opinion, one or more of the conditions mentioned in subsection (3) are satisfied; and b it is reasonable, in all the circumstances of the case, for him to hold that opinion. 3 The conditions are that— a in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person); b in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case; c in a case falling within section 22(3)(a), the treatment is necessary in order for the disabled person or the occupiers of other premises forming part of the building to make use of the benefit or facility; d in a case falling within section 22(3)(b), the treatment is necessary in order for the occupiers of other premises forming part of the building to make use of the benefit or facility. e in a case to which subsection (3A) applies, the terms are less favourable in order to recover costs which— i as a result of the disabled person having a disability, are incurred in connection with the disposal of the premises, and ii are not costs incurred in connection with taking steps to avoid liability under section 24G(1); f in a case to which subsection (3B) applies, the disabled person is subjected to the detriment in order to recover costs which— i as a result of the disabled person having a disability, are incurred in connection with the management of the premises, and ii are not costs incurred in connection with taking steps to avoid liability under section 24A(1) or 24G(1). 3A This subsection applies to a case if— a the case falls within section 22(1)(a); b the premises are to let; c the person with power to dispose of the premises is a controller of them; and d the proposed disposal of the premises would involve the disabled person becoming a person to whom they are let. 3B This subsection applies to a case if— a the case falls within section 22(3)(c); b the detriment is not eviction; c the premises are let premises; d the person managing the premises is a controller of them; and e the disabled person is a person to whom the premises are let or, although not a person to whom they are let, is lawfully under the letting an occupier of them. 3C Section 24G(3) and (4) apply for the purposes of subsection (3A) as for those of section 24G; and section 24A(3) and (4) apply for the purposes of subsection (3B) as for those of section 24A. 4 Regulations may make provision, for purposes of this section, as to circumstances in which— a it is reasonable for a person to hold the opinion mentioned in subsection 2(a); b it is not reasonable for a person to hold that opinion. 4A Regulations may make provision for the condition specified in subsection (3)(b) not to apply in prescribed circumstances. 5 Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (3)) in which treatment is to be taken to be justified. Let premises: discrimination in failing to comply with duty 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exceptions to section 24A(1) 24B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty for purposes of section 24A(2) to provide auxiliary aid or service 24C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty for purposes of section 24A(2) to change practices, terms etc 24D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sections 24C and 24D: supplementary and interpretation 24E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Let premises: victimisation of persons to whom premises are let 24F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises that are to let: discrimination in failing to comply with duty 24G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exceptions to section 24G(1) 24H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties for purposes of section 24G(2) 24J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Let premises and premises that are to let: justification 24K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sections 24 to 24K: power to make supplementary provision 24L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises provisions do not apply where other provisions operate 24M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement, etc. Enforcement, remedies and procedure. 25 1 A claim by any person that another person— a has discriminated against him in a way which is unlawful under this Part; or b is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way, may be made the subject of civil proceedings in the same way as any other claim in tort . . . for breach of statutory duty. 2 For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not they include compensation under any other head. 3 Proceedings in Northern Ireland shall be brought only in a county court. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The remedies available in such proceedings are those which are available in the High Court . . . . 6 Part II of Schedule 3 makes further provision about the enforcement of this Part and about procedure. 6A Subsection (1) does not apply in relation to a claim by a person that another person— a has discriminated against him in relation to the provision under a group insurance arrangement of facilities by way of insurance; or b is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision under such an arrangement of such facilities. 7 Subsection (1) does not apply in relation to a claim by a person that another person— a has discriminated against him in relation to the provision of employment services; or b is by virtue of section 57 or 58 to be treated as having discriminated against him in relation to the provision of employment services. 8 A claim— a of the kind referred to in subsection (6A) or (7); or b by a person that another— i has subjected him to harassment in a way which is unlawful under section 21A(2), or ii is by virtue of section 57 or 58 to be treated as having subjected him to harassment in such a way, may be presented as a complaint to an industrial tribunal. 9 Section 17A(1A) to (7) and paragraphs 3 and 4 of Schedule 3 apply in relation to a complaint under subsection (8) as if it were a complaint under section 17A(1) (and paragraphs 6 to 8 of Schedule 3 do not apply in relation to such a complaint). Validity and revision of certain agreements. 26 1 Any term in a contract for the provision of goods, facilities or services or in any other agreement is void so far as it purports to— a require a person to do anything which would contravene any provision of, or made under, this Part, b exclude or limit the operation of any provision of this Part, or c prevent any person from making a claim under this Part. 1A Subsection (1) does not apply to— a any term in a contract for the provision of employment services; b any term in a contract which is a group insurance arrangement; or c a term which— i is in an agreement which is not a contract of either of those kinds, and ii relates to the provision of employment services or the provision under a group insurance arrangement of facilities by way of insurance. 2 Paragraphs (b) and (c) of subsection (1) do not apply to an agreement settling a claim to which section 25 applies. 3 On the application of any person interested in an agreement to which subsection (1) applies, a county court or a sheriff court may make such order as it thinks just for modifying the agreement to take account of the effect of subsection (1). 4 No such order shall be made unless all persons affected have been— a given notice of the application; and b afforded an opportunity to make representations to the court. 5 Subsection (4) applies subject to any rules of court providing for that notice to be dispensed with. 6 An order under subsection (3) may include provision as respects any period before the making of the order. Alterations to premises occupied under leases. 27 1 This section applies where— a a provider of services , a public authority (within the meaning given by section 21B) or an association to which section 21F applies (“the occupier”) occupies premises under a lease; b but for this section, the occupier would not be entitled to make a particular alteration to the premises; and c the alteration is one which the occupier proposes to make in order to comply with a section 21 duty or a duty imposed under section 21E or 21H . 2 Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided— a for the occupier to be entitled to make the alteration with the written consent of the lessor; b for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration; c if such an application is made, for the lessor not to withhold his consent unreasonably; and d for the lessor to be entitled to make his consent subject to reasonable conditions. 3 In this section— “ lease ” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and “ sub-lease ” and “ sub-tenancy ” have such meaning as may be prescribed. 4 If the terms and conditions of a lease— a impose conditions which are to apply if the occupier alters the premises, or b entitle the lessor to impose conditions when consenting to the occupier’s altering the premises, the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration. 5 Part II of Schedule 4 supplements the provisions of this section. Conciliation of disputes. 28 1 The Commission may make arrangements with any other person for the provision of conciliation services by, or by persons appointed by, that person in relation to disputes arising under this Part. 2 In deciding what arrangements (if any) to make, the Commission shall have regard to the desirability of securing, so far as reasonably practicable, that conciliation services are available for all disputes arising under this Part which the parties may wish to refer to conciliation. 3 No member or employee of the Commission may provide conciliation services in relation to disputes arising under this Part. 4 The Commission shall ensure that any arrangements under this section include appropriate safeguards to prevent the disclosure to members or employees of the Commission of information obtained by a person in connection with the provision of conciliation services in pursuance of the arrangements. 5 Subsection (4) does not apply to information relating to a dispute which is disclosed with the consent of the parties to that dispute. 6 Subsection (4) does not apply to information which— a is not identifiable with a particular dispute or a particular person; and b is reasonably required by the Commission for the purpose of monitoring the operation of the arrangements concerned. 7 Anything communicated to a person while providing conciliation services in pursuance of any arrangements under this section is not admissible in evidence in any proceedings except with the consent of the person who communicated it to that person. 8 In this section— “the Commission” means the Equality Commission for Northern Ireland; and “conciliation services” means advice and assistance provided by a conciliator to the parties to a dispute with a view to promoting its settlement otherwise than through the courts. Part IV Education Chapter 1 SCHOOLS Duties of responsible bodies Discrimination against disabled pupils and prospective pupils 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “discrimination” 28B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disabled pupils not to be substantially disadvantaged 28C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accessibility strategies and plans 28D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accessibility strategies and plans: procedure 28E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residual duty of education authorities Duty of education authorities not to discriminate 28F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residual duty: supplementary provisions 28G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement: England and Wales Tribunals 28H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction and powers of the Tribunal - England and Wales 28I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction and powers of the Tribunal – Wales 28IA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Case friends — Wales 28IB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advice and information — Wales 28IC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resolution of disputes — Wales 28ID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Independent advocacy services — Wales 28IE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure 28J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal from the Welsh Tribunal to the Upper Tribunal 28JA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Admissions 28K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusions 28L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Roles of the Secretary of State and the Welsh Ministers 28M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement: Scotland Civil proceedings 28N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreements relating to enforcement Validity and revision of agreements of responsible bodies 28P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Chapter 1 Interpretation 28Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 2 FURTHER AND HIGHER EDUCATION Duties of responsible bodies Discrimination against disabled students and prospective students 28R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “discrimination” 28S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “harassment“ 28SA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsible bodies' duties to make adjustments 28T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other providers of further education or training facilities Further education etc. provided by local authorities and schools 28U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other unlawful acts Relationships which have come to an end 28UA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Instructions and pressure to discriminate 28UB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discriminatory advertisements 28UC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement, etc. Enforcement, remedies and procedure 28V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Occupation of premises by educational institutions 28W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Validity and revision of agreements 28X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education of disabled persons. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties of funding councils Further and higher education of disabled persons. 1992 c.13. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further and higher education of disabled persons: Scotland. 1992 c. 37. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of Chapter 2 Interpretation 31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 2A General Qualifications Bodies General qualifications bodies: discrimination and harassment 31AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “discrimination” 31AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “harassment” 31AC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General qualifications bodies: duty to make adjustments 31AD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement, remedies and procedures 31ADA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alterations to premises occupied under leases 31ADB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 2A: claims, leased premises and certain agreements 31AE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 2A: duty to consult before making regulations 31AF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 3 SUPPLEMENTARY Conciliation for disputes 31B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to Isles of Scilly 31C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part V Public Transport Taxis Taxi accessibility regulations. 32 1 The Department of the Environment may make regulations (“ taxi accessibility regulations ”) for the purpose of securing that it is possible— a for disabled persons— i to get into and out of taxis in safety; ii to be carried in taxis in safety and in reasonable comfort; and b for disabled persons in wheelchairs— i to be conveyed in safety into and out of taxis while remaining in their wheelchairs; and ii to be carried in taxis in safety and in reasonable comfort while remaining in their wheelchairs. 2 Taxi accessibility regulations may, in particular— a require any regulated taxi to conform with provisions of the regulations as to— i the size of any door opening which is for the use of passengers; ii the floor area of the passenger compartment; iii the amount of headroom in the passenger compartment; iv the fitting of restraining devices designed to ensure the stability of a wheelchair while the taxi is moving; b require the driver of any regulated taxi which is plying for hire, or which has been hired, to comply with provisions of the regulations as to the carrying of ramps or other devices designed to facilitate the loading and unloading of wheelchairs; c require the driver of any regulated taxi in which a disabled person who is in a wheelchair is being carried (while remaining in his wheelchair) to comply with provisions of the regulations as to the position in which the wheelchair is to be secured. 3 The driver of a regulated taxi which is plying for hire, or which has been hired, is guilty of an offence if— a he fails to comply with any requirement imposed on him by the regulations; or b the taxi fails to conform with any provision of the regulations with which it is required to conform. 4 A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. 5 In this section— “ passenger compartment ” has such meaning as may be prescribed; “ regulated taxi ” means any taxi to which the regulations are expressed to apply; “ taxi ” means a vehicle which— is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to stand or ply for hire; and seats not more than 8 passengers in addition to the driver Designated transport facilities. 33 1 In this section “ a franchise agreement ” means a contract entered into by the operator of a designated transport facility for the provision by the other party to the contract of hire car services— a for members of the public using any part of the transport facility; and b which involve vehicles entering any part of that facility. 2 The appropriate national authority may by regulations provide for the application of any taxi provision in relation to— a vehicles used for the provision of services under a franchise agreement; or b the drivers of such vehicles. 3 Any regulations under subsection (2) may apply any taxi provision with such modifications as the authority making the regulations considers appropriate. 4 In this section— appropriate national authority means— in relation to transport facilities in England and Wales, the Secretary of State, and in relation to transport facilities in Scotland, the Scottish Ministers (but see subsection (5)); “ designated ” means designated for the purposes of this section by an order made by the appropriate national authority ; “ hire car ” has such meaning as may be specified by regulations made by the appropriate national authority ; “ operator ”, in relation to a transport facility, means any person who is concerned with the management or operation of the facility; “ taxi provision ” means any provision of— this Act, or regulations made in pursuance of section 20(2A) of the Civic Government (Scotland) Act 1982, which applies in relation to taxis or the drivers of taxis; and “ transport facility ” means any premises which form part of any port, airport, railway station or bus station. 5 The Secretary of State may, for the purposes mentioned in section 2(2) of the European Communities Act 1972 (implementation of Community obligations etc. of the United Kingdom), exercise the powers conferred by this section on the Scottish Ministers. New licences conditional on compliance with taxi accessibility regulations. 34 1 The Department of the Environment shall not grant a public service vehicle licence under Article 61 of the Road Traffic (Northern Ireland) Order 1981 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed 2 Subsection (1) does not apply if such a licence was in force with respect to the vehicle at any time during the period of 28 days immediately before the day on which the licence is granted. 3 The Department of the Environment may by order provide for subsection (2) to cease to have effect on such date as may be specified in the order Exemption from taxi accessibility regulations. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carrying of passengers in wheelchairs. 36 1 This section imposes duties on the driver of a regulated taxi which has been hired— a by or for a disabled person who is in a wheelchair; or b by a person who wishes such a disabled person to accompany him in the vehicle . 1A This section also imposes duties on the driver of a designated vehicle other than a regulated taxi if— a the designated vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and b a person falling within paragraph (a) or (b) of subsection (1) has indicated to the driver that he wishes to travel on the service. 2 In this section— “ carry ” means carry in the vehicle concerned; and “ the passenger ” means the disabled person concerned. 3 The duties are— a to carry the passenger while he remains in his wheelchair; b not to make any additional charge for doing so; c if the passenger chooses to sit in a passenger seat, to carry the wheelchair; d to take such steps as are necessary to ensure that the passenger is carried in safety and in reasonable comfort; e to give such assistance as may be reasonably required— i to enable the passenger to get into or out of the vehicle ; ii if the passenger wishes to remain in his wheelchair, to enable him to be conveyed into and out of the vehicle while in his wheelchair; iii to load the passenger’s luggage into or out of the vehicle ; iv if the passenger does not wish to remain in his wheelchair, to load the wheelchair into or out of the vehicle . 4 Nothing in this section is to be taken to require the driver of any vehicle — a except in the case of a vehicle of a prescribed description, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey; or b to carry any person in circumstances in which it would otherwise be lawful for him to refuse to carry that person. 5 A driver of a regulated taxi or designated vehicle who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. 6 In any proceedings for an offence under this section, it is a defence for the accused to show that, even though at the time of the alleged offence a in the case of a regulated taxi, the taxi conformed with those provisions of the taxi accessibility regulations with which it was required to conform, b in the case of a designated vehicle, the vehicle conformed to the accessibility requirements which applied to it, it would not have been possible for the wheelchair in question to be carried in safety in the vehicle . 7 If the licensing authority is satisfied that it is appropriate to exempt a person from the duties imposed by this section— a on medical grounds, or b on the ground that his physical condition makes it impossible or unreasonably difficult for him to comply with the duties imposed on drivers by this section, it shall issue him with a certificate of exemption. 8 A certificate of exemption shall be issued for such period as may be specified in the certificate. 9 The driver of a regulated taxi is exempt from the duties imposed by this section if— a a certificate of exemption issued to him under this section is in force; and b the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner. 10 The driver of a designated vehicle is exempt from the duties imposed by this section if— a a certificate of exemption issued to him under this section is in force; and b he is carrying the certificate on the vehicle. 11 The driver of a designated vehicle who is exempt under subsection (10) must show the certificate, on request, to a person falling within paragraph (a) or (b) of subsection (1). 12 In this section— “ designated vehicle ” means a vehicle which appears on a list maintained under section 36A; “ licensing authority ” has the meaning given by section 36A. List of wheelchair-accessible vehicles providing local services 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carrying of guide dogs and hearing dogs. 37 1 This section imposes duties on the driver of a taxi which has been hired— a by or for a disabled person who is accompanied by his guide dog or hearing dog, or b by a person who wishes such a disabled person to accompany him in the taxi. 2 The disabled person is referred to in this section as “ the passenger ”. 3 The duties are— a to carry the passenger’s dog and allow it to remain with the passenger; and b not to make any additional charge for doing so. 4 A driver of a taxi who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. 5 If the licensing authority is satisfied that it is appropriate on medical grounds to exempt a person from the duties imposed by this section, it shall issue him with a certificate of exemption. 6 In determining whether to issue a certificate of exemption, the licensing authority shall, in particular, have regard to the physical characteristics of the taxi which the applicant drives or those of any kind of taxi in relation to which he requires the certificate. 7 A certificate of exemption shall be issued— a with respect to a specified taxi or a specified kind of taxi; and b for such period as may be specified in the certificate. 8 The driver of a taxi is exempt from the duties imposed by this section if— a a certificate of exemption issued to him under this section is in force with respect to the taxi; and b the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner. 9 The Secretary of State may, for the purposes of this section, prescribe any other category of dog trained to assist a disabled person who has a disability of a prescribed kind. 10 This section applies in relation to any such prescribed category of dog as it applies in relation to guide dogs. 11 In this section— “ guide dog ” means a dog which has been trained to guide a blind person; and “ hearing dog ” means a dog which has been trained to assist a deaf person. Carrying of assistance dogs in private hire vehicles 37A 1 It is an offence for the operator of a taxi to fail or refuse to accept a booking for a taxi — a if the booking is requested by or on behalf of a disabled person, or a person who wishes a disabled person to accompany him; and b the reason for the failure or refusal is that the disabled person will be accompanied by his assistance dog. 2 It is an offence for the operator of a taxi to make an additional charge for carrying an assistance dog which is accompanying a disabled person. 3 It is an offence for the driver of a taxi to fail or refuse to carry out a booking accepted by the operator of the vehicle— a if the booking was made by or on behalf of a disabled person, or a person who wishes a disabled person to accompany him; and b the reason for the failure or refusal is that the disabled person is accompanied by his assistance dog. 4 A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 5 If the Department of the Environment is satisfied that it is appropriate on medical grounds to issue a certificate of exemption to a driver in respect of subsection (3) it must do so. 6 In determining whether to issue a certificate of exemption, the Department of the Environment shall, in particular, have regard to the physical characteristics of the taxi which the applicant drives or those of any kind of taxi in relation to which he requires the certificate. 7 A certificate of exemption shall be issued— a with respect to a specified taxi or a specified kind of taxi ; and b for such period as may be specified in the certificate. 8 No offence is committed by a driver under subsection (3) if— a a certificate of exemption issued to him under this section is in force with respect to the taxi ; and b the prescribed notice is exhibited on the taxi in the prescribed manner. 9 In this section— “ assistance dog ” means a dog which— has been trained to guide a blind person; has been trained to assist a deaf person; has been trained by a prescribed charity to assist a disabled person who has a disability which— consists of epilepsy; or otherwise affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects; “ booking ” means a taxi booking within the meaning given by section 57(1) of the Taxis Act (Northern Ireland) 2008; “ driver ” means a person who holds a taxi driver's licence granted under— Article 79A of the Road Traffic (Northern Ireland) Order 1981; or section 23 of the Taxis Act (Northern Ireland) 2008; “ licensing authority ”, in relation to any area of England and Wales, means the authority responsible for licensing private hire vehicles in that area; “ operator ” means a person who holds an operator's licence granted under section 2 of the Taxis Act (Northern Ireland) 2008; “ taxi ” means a vehicle which— seats not more than 8 passengers in addition to the driver; and is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to carry passengers for hire (but not to stand or ply for hire). Appeals Appeal against refusal of exemption certificate 38 1 Any person who is aggrieved by the refusal of the Department of the Environment to issue an exemption certificate under section 36, 37 or 37A may appeal to a magistrates' court , a court of summary jurisdiction or, in Scotland, the sheriff court before the end of the period of 28 days beginning with the date of the refusal. 2 On an appeal to it under subsection (1) this section , the court may direct the Department of the Environment to issue the appropriate certificate of exemption to have effect for such period as may be specified in the direction. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Any person who is aggrieved by the decision of a licensing authority to include a vehicle on a list maintained under section 36A may appeal to a magistrates' court or, in Scotland, the sheriff court before the end of the period of 28 days beginning with the date of the inclusion. 5 In this section “ licensing authority ” has the meaning given by section 36A. Requirements as to disabled passengers in Scotland. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public service vehicles PSV accessibility regulations. 40 1 The Secretary of State may make regulations (“ PSV accessibility regulations ”) for the purpose of securing that it is possible for disabled persons— a to get on to and off regulated public service vehicles in safety and without unreasonable difficulty (and, in the case of disabled persons in wheelchairs, to do so while remaining in their wheelchairs); and b to be carried in such vehicles in safety and in reasonable comfort. 2 PSV accessibility regulations may, in particular, make provision as to the construction, use and maintenance of regulated public service vehicles including provision as to— a the fitting of equipment to vehicles; b equipment to be carried by vehicles; c the design of equipment to be fitted to, or carried by, vehicles; d the fitting and use of restraining devices designed to ensure the stability of wheelchairs while vehicles are moving; e the position in which wheelchairs are to be secured while vehicles are moving. 3 Any person who— a contravenes or fails to comply with any provision of the PSV accessibility regulations, b uses on a road a regulated public service vehicle which does not conform with any provision of the regulations with which it is required to conform, or c causes or permits to be used on a road such a regulated public service vehicle, is guilty of an offence. 4 A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale. 5 In this section— “ public service vehicle ” means a vehicle which is— adapted to carry more than eight passengers; and a public service vehicle for the purposes of the Public Passenger Vehicles Act 1981; “ regulated public service vehicle ” means any public service vehicle to which the PSV accessibility regulations are expressed to apply. 6 Different provision may be made in regulations under this section— a as respects different classes or descriptions of vehicle; b as respects the same class or description of vehicle in different circumstances. 7 Before making any regulations under this section or section 41 or 42 the Secretary of State shall consult the Disabled Persons Transport Advisory Committee and such other representative organisations as he thinks fit. Accessibility certificates. 41 1 A regulated public service vehicle shall not be used on a road unless— a a vehicle examiner has issued a certificate (an “accessibility certificate”) that such provisions of the PSV accessibility regulations as may be prescribed are satisfied in respect of the vehicle; or b an approval certificate has been issued under section 42 in respect of the vehicle. 2 The Secretary of State may make regulations— a with respect to applications for, and the issue of, accessibility certificates; b providing for the examination of vehicles in respect of which applications have been made; c with respect to the issue of copies of accessibility certificates in place of certificates which have been lost or destroyed. 3 If a regulated public service vehicle is used in contravention of this section, the operator of the vehicle is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. 4 In this section “ operator ” has the same meaning as in the Public Passenger Vehicles Act 1981. Approval certificates. 42 1 Where the Secretary of State is satisfied that such provisions of the PSV accessibility regulations as may be prescribed for the purposes of section 41 are satisfied in respect of a particular vehicle he may approve the vehicle for the purposes of this section. 2 A vehicle which has been so approved is referred to in this section as a “type vehicle”. 3 Subsection (4) applies where a declaration in the prescribed form has been made by an authorised person that a particular vehicle conforms in design, construction and equipment with a type vehicle. 4 A vehicle examiner may, after examining (if he thinks fit) the vehicle to which the declaration applies, issue a certificate in the prescribed form (“an approval certificate”) that it conforms to the type vehicle. 5 The Secretary of State may make regulations— a with respect to applications for, and grants of, approval under subsection (1); b with respect to applications for, and the issue of, approval certificates; c providing for the examination of vehicles in respect of which applications have been made; d with respect to the issue of copies of approval certificates in place of certificates which have been lost or destroyed. 6 The Secretary of State may at any time withdraw his approval of a type vehicle. 7 Where an approval is withdrawn— a no further approval certificates shall be issued by reference to the type vehicle; but b any approval certificate issued by reference to the type vehicle before the withdrawal shall continue to have effect for the purposes of section 41. 8 In subsection (3) “ authorised person ” means a person authorised by the Secretary of State for the purposes of that subsection. Special authorisations. 43 1 The Secretary of State may by order authorise the use on roads of— a any regulated public service vehicle of a class or description specified by the order, or b any regulated public service vehicle which is so specified, and nothing in section 40, 41 or 42 prevents the use of any vehicle in accordance with the order. 2 Any such authorisation may be given subject to such restrictions and conditions as may be specified by or under the order. 3 The Secretary of State may by order make provision for the purpose of securing that, subject to such restrictions and conditions as may be specified by or under the order, provisions of the PSV accessibility regulations apply to regulated public service vehicles of a description specified by the order subject to such modifications or exceptions as may be specified by the order. Reviews and appeals. 44 1 Subsection (2) applies where— a the Secretary of State refuses an application for the approval of a vehicle under section 42(1); and b before the end of the prescribed period, the applicant asks the Secretary of State to review the decision and pays any fee fixed under section 45. 2 The Secretary of State shall— a review the decision; and b in doing so, consider any representations made to him in writing, before the end of the prescribed period, by the applicant. 3 A person applying for an accessibility certificate or an approval certificate may appeal to the Secretary of State against the refusal of a vehicle examiner to issue such a certificate. 4 An appeal must be made within the prescribed time and in the prescribed manner. 5 Regulations may make provision as to the procedure to be followed in connection with appeals. 6 On the determination of an appeal, the Secretary of State may— a confirm, vary or reverse the decision appealed against; b give such directions as he thinks fit to the vehicle examiner for giving effect to his decision. Fees. 45 1 Such fees, payable at such times, as may be prescribed may be charged by the Secretary of State in respect of— a applications for, and grants of, approval under section 42(1); b applications for, and the issue of, accessibility certificates and approval certificates; c copies of such certificates; d reviews and appeals under section 44. 2 Any such fees received by the Secretary of State shall be paid by him into the Consolidated Fund. 3 Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed. 4 Before making any regulations under subsection (1) the Secretary of State shall consult such representative organisations as he thinks fit. Rail vehicles Rail vehicle accessibility regulations. 46 1 The Department of the Environment may make regulations (“ rail vehicle accessibility regulations ”) for the purpose of securing that it is possible— a for disabled persons— i to get on to and off regulated rail vehicles in safety and without unreasonable difficulty; ii to be carried in such vehicles in safety and in reasonable comfort; and b for disabled persons in wheelchairs— i to get on to and off such vehicles in safety and without unreasonable difficulty while remaining in their wheelchairs, and ii to be carried in such vehicles in safety and in reasonable comfort while remaining in their wheelchairs. 2 Rail vehicle accessibility regulations may, in particular, make provision as to the construction, use and maintenance of regulated rail vehicles including provision as to— a the fitting of equipment to vehicles; b equipment to be carried by vehicles; c the design of equipment to be fitted to, or carried by, vehicles; d the use of equipment fitted to, or carried by, vehicles; e the toilet facilities to be provided in vehicles; f the location and floor area of the wheelchair accommodation to be provided in vehicles; g assistance to be given to disabled persons. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A The Department for Regional Development shall exercise the power to make rail vehicle accessibility regulations so as to secure that on and after 1st January 2020 every rail vehicle is a regulated rail vehicle, but this does not affect the powers conferred by subsection (5) or section 47(1) or 67(2). 5 Different provision may be made in rail vehicle accessibility regulations— a as respects different classes or descriptions of rail vehicle; b as respects the same class or description of rail vehicle in different circumstances; c as respects different networks. 6 In this section— “ network ” means any permanent way or other means of guiding or supporting rail vehicles or any section of it; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ rail vehicle ” means a vehicle constructed or adapted to carry passengers by rail; “ regulated rail vehicle ” means any rail vehicle to which provisions of rail vehicle accessibility regulations are expressed to apply; and “ wheelchair accommodation ” has such meaning as may be prescribed. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Before making any regulations under subsection (1) or section 47 the Department of the Environment shall consult such representative organisations as it thinks fit . Exemption from rail vehicle accessibility regulations. 47 1 The Department for Regional Development may by order (an “exemption order”)— a authorise the use for carriage of a regulated rail vehicle even though the vehicle does not conform with the provisions of rail vehicle accessibility regulations with which it is required to conform; b authorise a regulated rail vehicle to be used for carriage otherwise than in conformity with the provisions of rail vehicle accessibility regulations with which use of the vehicle is required to conform. 1A Authority under subsection (1)(a) or (b) may be for— a any regulated rail vehicle that is specified or is of a specified description; or b use in specified circumstances of— i any regulated rail vehicle, or ii any regulated rail vehicle that is specified or is of a specified description. 2 Regulations may make provision with respect to exemption orders including, in particular, provision as to— a the persons by whom applications for exemption orders may be made; b the form in which such applications are to be made; c information to be supplied in connection with such applications; d the period for which exemption orders are to continue in force; e the revocation of exemption orders. 3 After considering any application for an exemption order and consulting such persons as it considers appropriate, the Department of the Environment may— a make an exemption order in the terms of the application; b make an exemption order in such other terms as it considers appropriate; c refuse to make an exemption order. 4 An exemption order may be made subject to such restrictions and conditions as may be specified. 5 In this section “ specified ” means specified in an exemption order. Rail vehicle accessibility compliance certificates 47A 1 A regulated rail vehicle to which this subsection applies shall not be used for carriage unless a rail vehicle accessibility compliance certificate is in force for the vehicle. 2 Subsection (1) applies to a regulated rail vehicle if the vehicle— a is prescribed; or b is of a prescribed class or description. 3 A rail vehicle accessibility compliance certificate is a certificate that the Secretary of State is satisfied that the regulated rail vehicle conforms with those provisions of rail vehicle accessibility regulations with which the vehicle is required to conform. 4 A rail vehicle accessibility compliance certificate may provide that it is subject to conditions specified in the certificate. 5 Subsection (6) applies where— a the Secretary of State refuses an application for the issue of a rail vehicle accessibility compliance certificate for a regulated rail vehicle; and b before the end of the prescribed period, the applicant asks the Secretary of State to review the decision and pays any fee fixed under section 47C. 6 The Secretary of State shall— a review the decision; and b in doing so, consider any representations made to him in writing, before the end of the prescribed period, by the applicant. Rail vehicle accessibility compliance certificates: supplementary 47B 1 Regulations may make provision with respect to rail vehicle accessibility compliance certificates. 2 The provision that may be made under subsection (1) includes (in particular)— a provision for certificates to be issued on application; b provision specifying conditions to which certificates are subject; c provision as to the period for which certificates are to continue in force or as to circumstances in which certificates are to cease to be in force; d provision (other than provision of a kind mentioned in paragraph (c)) dealing with failure to comply with a condition to which a certificate is subject; e provision for the withdrawal of certificates issued in error; f provision for the correction of errors in certificates; g provision with respect to the issue of copies of certificates in place of certificates which have been lost or destroyed; h provision for the examination of a rail vehicle before a certificate is issued in respect of it. 3 In making provision of the kind mentioned in subsection (2)(a), regulations under subsection (1) may (in particular)— a make provision as to the persons by whom applications may be made; b make provision as to the form in which applications are to be made; c make provision as to information to be supplied in connection with an application, including (in particular) provision requiring the supply of a report of a compliance assessment. 4 For the purposes of this section, a “compliance assessment” is an assessment of a rail vehicle against provisions of rail vehicle accessibility regulations with which the vehicle is required to conform. 5 In requiring a report of a compliance assessment to be supplied in connection with an application, regulations under subsection (1) may make provision as to the person who has to have carried out the assessment, and may (in particular) require that the assessment be one carried out by a person who has been appointed by the Secretary of State to carry out compliance assessments (an “appointed assessor”). 6 For the purposes of any provisions in regulations under subsection (1) with respect to the supply of reports of compliance assessments carried out by appointed assessors, regulations under that subsection— a may make provision about appointments of appointed assessors, including (in particular)— i provision for an appointment to be on application or otherwise than on application; ii provision as to who may be appointed; iii provision as to the form of applications for appointment; iv provision as to information to be supplied with applications for appointment; v provision as to terms and conditions, or the period or termination, of an appointment; and vi provision for terms and conditions of an appointment, including any as to its period or termination, to be as agreed by the Secretary of State when making the appointment; b may make provision authorising an appointed assessor to charge fees in connection with, or incidental to, its carrying-out of a compliance assessment, including (in particular)— i provision restricting the amount of a fee; ii provision authorising fees that contain a profit element; and iii provision for advance payment of fees; c may make provision requiring an appointed assessor to carry out a compliance assessment, and to do so in accordance with any procedures that may be prescribed, if prescribed conditions, which may include conditions as to the payment of fees to the assessor, are satisfied; d shall make provision for the referral to the Secretary of State of disputes between— i an appointed assessor carrying out a compliance assessment, and ii the person who requested the assessment, relating to which provisions of rail vehicle accessibility regulations the vehicle is to be assessed against or to what amounts to conformity with any of those provisions. 7 In subsection (6)(b) to (d) “compliance assessment” includes pre-assessment activities (for example, a consideration of how the outcome of a compliance assessment would be affected by the carrying-out of particular proposed work). Rail vehicle accessibility compliance certificates: fees 47C 1 Such fees, payable at such times, as may be prescribed may be charged by the Secretary of State in respect of— a applications for, and the issue of, rail vehicle accessibility compliance certificates; b copies of such certificates; c reviews under section 47A; d referrals of disputes under provision that, in accordance with section 47B(6)(d), is contained in regulations under section 47B(1). 2 Any such fees received by the Secretary of State shall be paid by him into the Consolidated Fund. 3 Regulations under subsection (1) may make provision for the repayment of fees, in whole or in part, in such circumstances as may be prescribed. 4 Before making any regulations under subsection (1) the Secretary of State shall consult such representative organisations as he thinks fit. Penalty for using rail vehicle without accessibility compliance certificate 47D If a regulated rail vehicle to which section 47A(1) applies is used for carriage at a time when no rail vehicle accessibility compliance certificate is in force for the vehicle, the Secretary of State may require the operator of the vehicle to pay a penalty. Penalty for using rail vehicle that does not conform with accessibility regulations 47E 1 Where it appears to the Secretary of State that a regulated rail vehicle does not conform with a provision of rail vehicle accessibility regulations with which the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice— a identifying the vehicle, the provision and how the vehicle fails to conform with the provision; and b specifying the improvement deadline. 2 The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator. 3 Subsection (4) applies where— a the Secretary of State has given a notice under subsection (1); b the improvement deadline specified in the notice has passed; and c it appears to the Secretary of State that the vehicle still does not conform with the provision identified in the notice. 4 The Secretary of State may give to the operator a further notice— a identifying the vehicle, the provision and how the vehicle fails to conform to the provision; and b specifying the final deadline. 5 The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator. 6 If— a the Secretary of State has given a notice under subsection (4) to the operator of a regulated rail vehicle, and b the vehicle is used for carriage at a time after the final deadline when the vehicle does not conform with the provision identified in the notice, the Secretary of State may require the operator to pay a penalty. Penalty for using rail vehicle otherwise than in conformity with accessibility regulations 47F 1 Where it appears to the Secretary of State that a regulated rail vehicle has been used for carriage otherwise than in conformity with a provision of rail vehicle accessibility regulations with which use of the vehicle is required to conform, the Secretary of State may give to the operator of the vehicle a notice— a identifying the provision and how it was breached; b identifying which of the regulated rail vehicles operated by the operator is or are covered by the notice; and c specifying the improvement deadline. 2 The improvement deadline specified in a notice under subsection (1) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator. 3 Subsection (4) applies where— a the Secretary of State has given a notice under subsection (1); b the improvement deadline specified in the notice has passed; and c it appears to the Secretary of State that a vehicle covered by the notice has after that deadline been used for carriage otherwise than in conformity with the provision identified in the notice. 4 The Secretary of State may give to the operator a further notice— a identifying the provision and how it was breached; b identifying which of the regulated rail vehicles covered by the notice under subsection (1) is or are covered by the further notice; and c specifying the final deadline. 5 The final deadline specified in a notice under subsection (4) may not be earlier than the end of the prescribed period beginning with the day when the notice is given to the operator. 6 If— a the Secretary of State has given a notice under subsection (4), and b a vehicle covered by the notice is at a time after the final deadline used for carriage otherwise than in conformity with the provision identified in the notice, the Secretary of State may require the operator of the vehicle to pay a penalty. 7 For the purposes of subsection (1), a vehicle is operated by a person if that person is the operator of the vehicle. Sections 47E and 47F: inspection of rail vehicles 47G 1 Where the Secretary of State has reasonable grounds for suspecting that a regulated rail vehicle may not conform with provisions of rail vehicle accessibility regulations with which it is required to conform, a person authorised by the Secretary of State— a may inspect the vehicle for conformity with the provisions; b for the purpose of exercising his power under paragraph (a)— i may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and ii may enter the vehicle; and c for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised. 2 Where the Secretary of State has given a notice under section 47E(1) or (4), a person authorised by the Secretary of State— a may inspect the vehicle concerned for conformity with the provision specified in the notice; b for the purpose of exercising his power under paragraph (a)— i may enter premises if he has reasonable grounds for suspecting the vehicle to be at those premises, and ii may enter the vehicle; and c for the purpose of exercising his power under paragraph (a) or (b), may require any person to afford such facilities and assistance with respect to matters under that person’s control as are necessary to enable the power to be exercised. 3 A person exercising power under subsection (1) or (2) shall, if required to do so, produce evidence of his authority to exercise the power. 4 Where a person obstructs the exercise of power under subsection (1), the Secretary of State may, for purposes of section 47E(1) or 47F(1), draw such inferences from the obstruction as appear proper. 5 Where— a a person obstructs the exercise of power under subsection (2), and b the obstruction occurs before a notice under section 47E(4) is given in respect of the vehicle concerned, the Secretary of State may treat section 47E(3)(c) as satisfied in the case concerned. 6 Where a person obstructs the exercise of power under subsection (2) and the obstruction occurs— a after a notice under section 47E(4) has been given in respect of the vehicle concerned, and b as a result of the operator, or a person who acts on his behalf, behaving in a particular way with the intention of obstructing the exercise of the power, the Secretary of State may require the operator of the vehicle to pay a penalty. 7 In this section “inspect” includes test. Sections 47E and 47F: supplementary powers 47H 1 For the purposes of section 47E, the Secretary of State may give notice to a person requiring the person to supply the Secretary of State, by a time specified in the notice, with a vehicle number or other identifier for a rail vehicle— a of which that person is the operator; and b which is described in the notice. 2 The time specified in a notice given to a person under subsection (1) may not be earlier than the end of 14 days beginning with the day when the notice is given to the person. 3 If a person to whom a notice is given under subsection (1) does not comply with the notice by the time specified in the notice, the Secretary of State may require the person to pay a penalty. 4 Where the Secretary of State has given a notice to a person under section 47E(1) or (4) or 47F(1) or (4), the Secretary of State may request that person to supply the Secretary of State, by a time specified in the request, with a statement detailing the steps taken in response to the notice. 5 The time specified in a request under subsection (4) must— a if the request relates to a notice under section 47E(1) or 47F(1), be no earlier than the improvement deadline; and b if the request relates to a notice under section 47E(4) or 47F(4), be no earlier than the final deadline. 6 Where a request under subsection (4)— a relates to a notice under section 47E(1) or 47F(1), and b is not complied with by the time specified in the request, the Secretary of State may treat section 47E(3)(c) or (as the case may be) section 47F(3)(c) as being satisfied in the case concerned. Penalties under sections 47D to 47H: amount, due date and recovery 47J 1 In this section “penalty” means a penalty under any of sections 47D to 47H. 2 The amount of a penalty— a must not exceed the maximum prescribed for the purposes of this subsection; and b must not exceed 10 per cent of the turnover of the person on whom it is imposed. 3 For the purposes of subsection (2)(b), a person’s turnover shall be determined in accordance with regulations. 4 A penalty must be paid to the Secretary of State before the end of the prescribed period. 5 Any sum payable to the Secretary of State as a penalty may be recovered by the Secretary of State as a debt due to him. 6 In proceedings under subsection (5) for enforcement of a penalty, no question may be raised as to— a liability to the imposition of the penalty; or b its amount. 7 Any sum paid to the Secretary of State as a penalty shall be paid by him into the Consolidated Fund. 8 The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty. 9 The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised. 10 Before issuing the first or a revised version of the code, the Secretary of State shall lay a draft of that version before Parliament. 11 After laying the draft of a version of the code before Parliament, the Secretary of State may bring that version of the code into operation by order. 12 The Secretary of State shall have regard to the code (in addition to any other matters he thinks relevant)— a when imposing a penalty; and b when considering under section 47K(6) a notice of objection under section 47K(4). Penalties under sections 47D to 47H: procedure 47K 1 In this section “penalty” means a penalty under any of sections 47D to 47H. 2 If the Secretary of State decides that a person is liable to a penalty, the Secretary of State must notify the person of the decision. 3 A notification under subsection (2) must— a state the Secretary of State’s reasons for deciding that the person is liable to the penalty; b state the amount of the penalty; c specify the date before which, and the manner in which, the penalty must be paid; and d include an explanation of the steps that the person may take if he objects to the penalty. 4 Where a person to whom a notification under subsection (2) is issued objects on the ground that— a he is not liable to the imposition of a penalty, or b the amount of the penalty is too high, the person may give a notice of objection to the Secretary of State. 5 A notice of objection must— a be in writing; b give the objector’s reasons; and c be given before the end of the prescribed period. 6 Where the Secretary of State receives a notice of objection to a penalty in accordance with this section, he shall consider it and— a cancel the penalty; b reduce the penalty; or c determine to do neither of those things. 7 Where the Secretary of State considers under subsection (6) a notice of objection under subsection (4), he shall— a inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector; and b if he reduces the penalty, notify the objector of the reduced amount. Penalties under sections 47D to 47H: appeals 47L 1 A person may appeal to the court against a penalty imposed on him under any of sections 47D to 47H on the ground that— a he is not liable to the imposition of a penalty; or b the amount of the penalty is too high. 2 On an appeal under this section, the court may— a allow the appeal and cancel the penalty; b allow the appeal and reduce the penalty; or c dismiss the appeal. 3 An appeal under this section shall be a re-hearing of the Secretary of State’s decision to impose a penalty, and shall be determined having regard to— a any code of practice under section 47J which has effect at the time of the appeal; and b any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware). 4 An appeal may be brought by a person under this section against a penalty whether or not— a he has given notice of objection under section 47K(4); or b the penalty has been reduced under section 47K(6). 5 A reference in this section to “the court” is a reference— a in England and Wales, to a county court; and b in Scotland, to the sheriff. 6 The sheriff may transfer proceedings under this section to the Court of Session. 7 Where the sheriff has made a determination under subsection (2), any party to the proceedings may appeal on a point of law, either to the Sheriff Principal or to the Court of Session, against that determination. Sections 46 to 47H: interpretation 47M 1 In sections 46 to 47H “operator”, in relation to any rail vehicle, means the person having the management of that vehicle. 2 For the purposes of those sections, a person uses a vehicle for carriage if he uses it for the carriage of passengers. 3 Where an exemption order under section 47 authorises use of a rail vehicle even though the vehicle does not conform with a provision of rail vehicle accessibility regulations, references in sections 47A to 47G to provisions of rail vehicle accessibility regulations with which the vehicle is required to conform do not, in the vehicle’s case, include that provision. Supplemental Offences by bodies corporate etc. 48 1 Where an offence under section 40 or 46 committed by a body corporate is committed with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, he as well as the body corporate is guilty of the offence. 2 In subsection (1) “ director ”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forgery and false statements. 49 1 In this section “ relevant document ” means— a a certificate of exemption issued under section section 36, 37 or 37A ; b a notice of a kind mentioned in section 36(9)(b), 37(8)(b) or 37A(8)(b) ; c an accessibility certificate; or d an approval certificate. 2 A person is guilty of an offence if, with intent to deceive, he— a forges, alters or uses a relevant document; b lends a relevant document to any other person; c allows a relevant document to be used by any other person; or d makes or has in his possession any document which closely resembles a relevant document. 3 A person who is guilty of an offence under subsection (2) is liable— a on summary conviction, to a fine not exceeding the statutory maximum; b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. 4 A person who knowingly makes a false statement for the purpose of obtaining an accessibility certificate or an approval certificate is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. Part 5A Public authorities General duty 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “public authority” in Part 5A 49B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 5B Improvements to dwelling houses Exceptions from section 49A(1) 49C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to impose specific duties 49D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties under section 49D: compliance notices 49E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement of compliance notices 49F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Improvements to let dwelling houses 49G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conciliation of disputes 49H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conciliation of disputes: rented housing in Scotland 49I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part VI The National Disability Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Codes of practice prepared by the Council. 51 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. Further provision about codes issued under section 51. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part VII Supplemental Codes of practice. 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Codes of practice. 54A 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. Codes of practice prepared by the Secretary of State. 53 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 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. 5 A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, or a county court . 6 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. 7 In this section and section 54 “ code ” means a code issued by the Department of Economic Development under this section and includes a code which has been revised and re-issued. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further provision about codes issued under section 53. 54 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Victimisation. 55 1 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Help for aggrieved persons in obtaining information etc. 56 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. Aiding unlawful acts. 57 1 A person who knowingly aids another person to do an unlawful act act 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. Liability of employers and principals. 58 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. Statutory authority and national security etc. 59 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. National security 59A 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. Part VIII Miscellaneous Appointment by Secretary of State of advisers. 60 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. Amendment of Disabled Persons (Employment) Act 1944. 61 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Restriction of publicity: Employment Appeal Tribunal. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to Crown etc. 64 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; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police 64A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other police bodies 64B 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. Application to Parliament. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Government appointments outside Part II. 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations and orders. 67 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). Exercise of discretion under section 67(5A) 67A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report on rail vehicle exemption orders 67B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation. 68 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial provisions. 69 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. Short title, commencement, extent etc. 70 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.