The Disability Discrimination Act 1995 (Commencement No. 3 and Saving and Transitional Provisions) Order (Northern Ireland) 1996
S.R. 1996/280 · Made 10 July 1996 · Extends to Northern Ireland
DISABLED PERSONS
Made 10th July 1996
The Department of Health and Social Services, in exercise of the powers conferred on it by sections 67(3) and 70(3) of the Disability Discrimination Act 1995f1 and of all other powers enabling it in that behalf, hereby makes the following Order:
Annotations to the whole text
Footnotes
- f1
-
1995 c. 50; Sections 67(3) and 70(3) are modified in their application to Northern Ireland by paragraphs 46 and 48(1) respectively of Schedule 8
Contents
- 1Citation and interpretation
- 2Appointed days
- 3Saving and transitional provisions
- Signature
- Schedule
- IProvisions coming into Operation on 11th July 1996
- IIProvisions coming into Operation on 2nd December 1996
- Explanatory note
1Citation and interpretationI1
This Order may be cited as the Disability Discrimination Act 1995 (Commencement No. 3 and Saving and Transitional Provisions) Order (Northern Ireland) 1996.
In this Order references to sections and Schedules are references to sections of and Schedules to the Disability Discrimination Act 1995.
The Interpretation Act (Northern Ireland) 1954f1 shall apply to this Order as it applies to a Measure of the Northern Ireland Assembly.
2Appointed daysI1
The day appointed for the coming into operation of the provisions specified in Part I of the Schedule to this Order is 11th July 1996.
The day appointed for the coming into operation of the provisions specified in Part II of the Schedule to this Order, subject to the saving and transitional provisions set out in Article 3, is 2nd December 1996.
3Saving and transitional provisionsI1
Notwithstanding the repeal of sections 9 to 11, 12, 14 and 19 of the Disabled Persons (Employment) Act (Northern Ireland) 1945f1 by the bringing into operation by this Order of section 61f2 and Schedule 7f3:
sections 9, 12 and 19 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 shall continue to have effect so as to allow prosecutions to be brought until 3rd December 1997 against persons alleged to have contravened section 9(2), section 9(5) or section 12(2) of that Act prior to but excluding 2nd December 1996;
section 14 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 and regulation 9 of the Disabled Persons (General) Regulations (Northern Ireland) 1946f4 shall continue to have effect so as to allow prosecutions to be brought until 3rd December 1997 against persons alleged to have contravened section 9(2), section 9(5) or section 12(2) of that Act prior to but excluding 2nd December 1996 and, where it is alleged that contravention of section 14(6) or section 14(7) of that Act hinders such prosecution, so as to allow prosecutions to be brought against persons alleged to have contravened those subsections.
Signature
Sealed with the Official Seal of the Department of Health and Social Services on
L.S.
J. J. M. Harbison
Under Secretary
10th July 1996.
IProvisions coming into Operation on 11th July 1996I1
| Provision of the Disability Discrimination Act 1995 | Subject matter |
|---|---|
| Section 5(6) and (7). | Meaning of “discrimination”. |
| Section 6(8), (9) and (10). | Duty of employer to make adjustments. |
| Section 8(6) and (7)f1. | Enforcement, remedies and procedure. |
| Section 12(3) and (6). | Discrimination against contract workers. |
| Section 14(6). | Meaning of “discrimination” in relation to trade organisations. |
| Section 16(5) to the extent not | Alterations to premises occupied under |
| already in force. | leases. |
| Section 17(3). | Occupational pension schemes. |
| Section 18(3) and (4). | Insurance services. |
| Section 19(5)(c). | Discrimination in relation to goods, facilities and services. |
| Section 20(6), (7)f2 and (8). | Meaning of “discrimination”. |
| Section 24(5). | Meaning of “discrimination”. |
| Section 53f3. | Codes of practice prepared by the Department of Economic Development. |
| Section 54f4. | Further provision about codes issued under section 53. |
| Section 56f5. | Help for persons suffering discrimination. |
| Schedule 4, Part I, paragraph 3. | Premises occupied under leases — occupation by employer or trade organisation. |
IIProvisions coming into Operation on 2nd December 1996I1
| Section 4f1. | Discrimination against applicants and employees. |
| Section 5(1) to (5). | Meaning of “discrimination”. |
| Section 6(1) to (7), (11) and (12). | Duty of employer to make adjustments. |
| Section 7f2. | Exemption for small businesses. |
| Section 8(1) to (5)f3 and (8). | Enforcement, remedies and procedures. |
| Section 9f4. | Validity of certain agreements. |
| Section 10f5. | Charities and support for particular groups of persons. |
| Section 11. | Advertisements suggesting that employers will discriminate against disabled persons. |
| Section 12(1), (2), (4) and (5)f6. | Discrimination against contract workers. |
| Section 13. | Discrimination by trade organisations. |
| Section 14(1) and (3). | Meaning of “discrimination” in relation to trade organisations. |
| Section 16(1), (2) and (4). | Alterations to premises occupied under leases. |
| Section 17(1), (2) and (4). | Occupational pension schemes. |
| Section 18(1) and (2). | Insurance services. |
| Section 19(1)(a), (c) and (d), (2), (3), (4), (5)(a) and (b) and (6)f7. | Discrimination in relation to goods, facilities and services. |
| Section 20(1), (3) and (4). | Meaning of “discrimination”. |
| Section 22f8. | Discrimination in relation to premises. |
| Section 23. | Exemption for small dwellings. |
| Section 24(1) to (4). | Meaning of “discrimination”. |
| Section 25f9. | Enforcement, remedies and procedure. |
| Section 26f10. | Validity and revision of certain agreements. |
| Section 55. | Victimisation. |
| Section 57. | Aiding unlawful acts. |
| Section 58. | Liability of employers and principals. |
| Section 60f11. | Appointment by Department of Economic Development of advisers. |
| Section 61f12. | Amendment of Disabled Persons (Employment) Act (Northern Ireland) 1945. |
| Section 64f13. | Application to Crown etc. |
| Section 66. | Government appointments outside Part II. |
| Section 68(2) to (5)f14. | Interpretation. |
| Section 70(4). | Short title, commencement, extent etc. |
| Schedule 1, paragraph 7f15. | Persons deemed to be disabled. |
| Schedule 3f16 | Enforcement and Procedure. |
| Schedule 4, Part I, paragraphs 1 and 2f17. | Premises occupied under leases. |
| Schedule 6f18. | Consequential Amendments. |
| Schedule 7f19 and section 70(5) in so far as is necessary to effect the repeal of sections 1, 6 to 14, 19 and 21 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 and the Disabled Persons (Employment) Act (Northern Ireland) 1960. | Repeals. |
Explanatory note
(This note is not part of the Order.)
This Order provides for the coming into operation on 11th July 1996 of provisions in the Disability Discrimination Act 1995 (“the Act”) authorising the making of Regulations.
(In its application to Northern Ireland the Act has effect subject to the modifications contained in Schedule 8 thereof.)
This Order also provides for the coming into operation on 11th July 1996 of sections 53 and 54, which relate to Codes of Practice issued by the Department of Economic Development, and of section 56 of the Act, which relates to help for persons suffering discrimination.
It further provides for the coming into operation on 2nd December 1996 of provisions of the Act relating to employment, including discrimination against applicants and employees; meaning of “discrimination” for this purpose; duty of employer to make adjustments; exemption for small businesses; enforcement, remedies and procedure; validity of certain agreements; charities and support for particular groups of persons; advertisements suggesting that employers will discriminate against disabled persons; discrimination against contract workers; discrimination by trade organisations; meaning of “discrimination” in relation to trade organisations; alterations to premises occupied under leases; occupational pension schemes; and insurance services.
It further provides for the coming into operation on 2nd December 1996 of provisions of the Act relating to goods, facilities and services, including discrimination in relation to goods, facilities and services; meaning of discrimination for this purpose; discrimination in relation to premises; exemption for small dwellings; meaning of “discrimination” for these purposes; enforcement, remedies and procedure; and validity and revision of certain agreements.
It further provides for the coming into operation on 2nd December 1996 of supplemental and miscellaneous provisions of the Act including victimisation; aiding unlawful acts; liability of employers and principals; appointment by Department of Economic Development of advisers; amendment of Disabled Persons (Employment) Act (Northern Ireland) 1945; application to Crown etc.; Government appointments outside Part II; interpretation; short title, commencement, extent etc.; consequential amendments and repeals.