| Disability Discrimination Act 1995 (c. 50) |
| 1995 Chapter 50 - continued |
|
| back to previous text |
 | |
|
SCHEDULE 8
|
| | MODIFICATIONS OF THIS ACT IN ITS APPLICATION TO NORTHERN IRELAND |
| | 1. In its application to Northern Ireland this Act shall have effect subject to the following modifications.
|
| | 2. - (1) In section 3(1) for "Secretary of State" substitute "Department".
|
| | (2) In section 3 for subsections (4) to (12) substitute-
|
| |  | "(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." |
|
| | 3. In section 4(6) for "Great Britain" substitute "Northern Ireland".
|
| | 4. - (1) In section 7(2) for "Secretary of State" substitute "Department of Economic Development".
|
| | (2) In section 7(4) to (10) for "Secretary of State" wherever it occurs substitute "Department of Economic Development", for "he" and "him" wherever they occur substitute "it" and for "his" wherever it occurs substitute "its".
|
| | (3) In section 7(9) for "Parliament" substitute "the Assembly".
|
| | 5. - (1) In section 8(3) omit "or (in Scotland) in reparation".
|
| | (2) In section 8(7) for "paragraph 6A of Schedule 9 to the Employment Protection (Consolidation) Act 1978" substitute "Article 61(3) of the Industrial Relations (Northern Ireland) Order 1976".
|
| | 6. - (1) In section 9(2)(a) for "a conciliation officer" substitute "the Agency".
|
| | (2) In section 9(4) in the definition of "qualified lawyer" for the words from "means" to the end substitute "means a barrister (whether in practice as such or employed to give legal advice) or a solicitor of the Supreme Court who holds a practising certificate.".
|
| | 7. - (1) In section 10(1)(b) omit "or recognised body".
|
| | (2) In section 10(2)(b) for "Secretary of State" substitute "Department of Economic Development".
|
| | (3) In section 10(3) in the definition of "charity" for "1993" substitute "(Northern Ireland) 1964", omit the definition of "recognised body" and in the definition of "supported employment" for "Act 1944" substitute "Act (Northern Ireland) 1945".
|
| | (4) In section 10(4) for "England and Wales"where it twice occurs substitute "Northern Ireland".
|
| | (5) Omit section 10(5).
|
| | 8. - In section 12(5) for "Great Britain" where it twice occurs substitute "Northern Ireland".
|
| | 9. - (1) In section 19(3)(g) for "section 2 of the Employment and Training Act 1973" substitute "sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950".
|
| | (2) In section 19(5) for paragraph (a) substitute-
|
| | | "(a) education which is funded, or secured, by a relevant body or provided at- | | | (i) an establishment which is funded by such a body or by the Department of Education for Northern Ireland; or
| | | (ii) any other establishment which is a school within the meaning of the Education and Libraries (Northern Ireland) Order 1986;".
|
|
| | (3) For section 19(6) substitute-
|
| | | "(6) In subsection (5) "relevant body" means-
| | | (a) an education and library board; | | | (b) a voluntary organisation; or | | | (c) a body of a prescribed kind.". |
|
| | 10. In section 20(7) for paragraphs (b) and (c) substitute "; or
|
| | | (b) functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986 are exercisable in relation to a disabled person's property or affairs.". |
|
| | 11. In section 22(4) and (6) omit "or (in Scotland) the subject of".
|
| | 12. - (1) In section 25(1) omit "or (in Scotland) in reparation".
|
| | (2) In section 25(3) for "England and Wales" substitute "Northern Ireland".
|
| | (3) Omit section 25(4).
|
| | (4) In section 25(5) omit the words from "or" to the end.
|
| | 13. In section 26(3) omit "or a sheriff court".
|
| | 14. - (1) In section 28 for "Secretary of State" wherever it occurs substitute "Department of Health and Social Services".
|
| | (2) In section 28(3) and (4) for "he" substitute "it".
|
| | (3) In section 28(5) for "Treasury" substitute "Department of Finance and Personnel in Northern Ireland".
|
| | 15. Omit sections 29, 30 and 31.
|
| | 16. - (1) In section 32(1) for "Secretary of State" substitute "Department of the Environment".
|
| | (2) In section 32(5) for the definition of "taxi" substitute-
|
| | | ""taxi" means a vehicle which- | | | (a) is licensed under Article 61 of the Road Traffic (Northern Ireland) Order 1981 to stand or ply for hire; and
| | | (b) seats not more than 8 passengers in addition to the driver".
|
|
| | 17. In section 33, for "Secretary of State", wherever it occurs, substitute "Department of the Environment".
|
| | 18. For section 34 substitute-
|
| | | "New licences conditional on compliance with accessibility taxi 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.".
|
|
| 19. Omit section 35.
|
| 20. In section 36(7) for "licensing authority" substitute "Department of the Environment".
|
| | 21. - (1) In section 37(5) and (6) for "licensing authority" substitute "Department of the Environment".
|
| | (2) In section 37(9) for "Secretary of State" substitute "Department of the Environment".
|
| | 22. - (1) In section 38(1) for "a licensing authority" substitute "the Department of the Environment".
|
| | (2) In section 38(2) for "licensing authority concerned" substitute "Department of the Environment".
|
| | (3) In section 38(3) for the words from "the magistrates' court" to the end substitute "a court of summary jurisdiction acting for the petty sessions district in which the aggrieved person resides".
|
| 23. Omit section 39.
|
| | 24. - (1) In section 40 for "Secretary of State" wherever it occurs substitute "Department of the Environment".
|
| | (2) In section 40(5) for the definition of "public service vehicle" substitute-
|
| | | ""public service vehicle" means a vehicle which- | | | (a) seats more than 8 passengers in addition to the driver; and
| | | (b) is a public service vehicle for the purposes of the Road Traffic (Northern Ireland) Order 1981;".
|
|
| | (3) In section 40(7) for the words from "the Disabled" to the end substitute "such representative organisations as it thinks fit".
|
| | 25. - (1) In section 41(2) for "Secretary of State" substitute "Department of the Environment".
|
| | (2) In section 41 for subsections (3) and (4) substitute-
|
| | | "(3) Any person who uses a regulated public service vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.".
|
|
| | 26. - (1) In section 42 for "Secretary of State" wherever it occurs substitute "Department of the Environment".
|
| | (2) In section 42(1) for "he" substitute "it".
|
| | (3) In section 42(6) for "his" substitute "its".
|
| | 27. In section 43 for "Secretary of State" wherever it occurs substitute "Department of the Environment".
|
| | 28. - (1) In section 44 for "Secretary of State" wherever it occurs substitute "Department of the Environment".
|
| | (2) In section 44(2) for "him" substitute "it".
|
| | (3) In section 44(6) for "he" substitute "it" and for "his" substitute "its".
|
| | 29. - (1) In section 45 for "Secretary of State" wherever it occurs substitute "Department of the Environment".
|
| | (2) In section 45(2) for "him" substitute "it" and at the end add "of Northern Ireland".
|
| | (3) In section 45(4) for "he" substitute "it".
|
| | 30. - (1) In section 46 for "Secretary of State" wherever it occurs substitute "Department of the Environment".
|
| | (2) In section 46(6) in the definition of "rail vehicle" for the words "on any railway, tramway or prescribed system" substitute "by rail".
|
| | (3) Omit section 46(7).
|
| | (4) In section 46(11) for the words from "the Disabled" to the end substitute "such representative organisations as it thinks fit".
|
| | 31. - (1) In section 47 for "Secretary of State" wherever it occurs substitute "Department of the Environment".
|
| | (2) In section 47(3) for the words "the Disabled Persons Transport Advisory Committee and such other persons as he" substitute "such persons as it" and for "he" substitute "it".
|
| | 32. Omit section 48(3).
|
| | 33. - (1) In the heading to Part VI of this Act and in section 50(1) for "National Disability Council" substitute "Northern Ireland Disability Council".
|
| | (2) In section 50(2) for "the Secretary of State" in the first place where it occurs substitute "a Northern Ireland department" and in the other place where it occurs substitute "that department".
|
| | (3) In section 50(3) for "Secretary of State" substitute "Department of Health and Social Services".
|
| | (4) In section 50(7) for "the Secretary of State" substitute "a Northern Ireland department" and after "Crown" insert "or a Northern Ireland department".
|
| | (5) In section 50(9)(a) for sub-paragraphs (i) to (iv) substitute-
|
| | | "(i) the Disabled Persons (Employment) Act (Northern Ireland) 1945;
| | | (ii) the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965;
| | | (iii) the Employment and Training Act (Northern Ireland) 1950;
| | | (iv) the Industrial Relations (Northern Ireland) Orders 1976; or".
|
|
| | (6) In section 50(10) for the words from "time when" to the end substitute "time when-
|
| | | (a) there are no committees in existence under section 17 of the Disabled Persons (Employment) Act (Northern Ireland) 1945; and | | | (b) there is no person appointed to act generally under section 60(1) of this Act.". |
|
| | 34. - (1) In section 51(1) for "the Secretary of State" substitute "any Northern Ireland department" and for "the Secretary of State's" substitute "that department's".
|
| | (2) In section 51(2) for "The Secretary of State" substitute "A Northern Ireland department".
|
| | (3) In section 51(4) for "a county court or a sheriff court" substitute "or a county court".
|
| | (4) In section 51(6) for "the Secretary of State" substitute "a Northern Ireland department".
|
| | 35. For section 52 substitute-
|
| | | "Further provisions about codes issued under section 51. | 52. - (1) In this section-
| | "proposal" means a proposal made by the Council to a Northern Ireland department under section 51; | | | "responsible department"- | | | (a) in relation to a proposal, means the Northern Ireland department to which the proposal is made,
| | | (b) in relation to a code, means the Northern Ireland department by which the code is issued; and
| | | "statutory period" has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954. | | | (2) In preparing any proposal, the Council shall consult-
| | | (a) such persons (if any) as the responsible department has specified in making its request to the Council; and | | | (b) such other persons (if any) as the Council considers appropriate. | | | (3) Before making any proposal the Council shall publish a draft, consider any representations made to it about the draft and, if it thinks it appropriate, modify its proposal in the light of any of those representations.
| | | (4) Where the Council makes any proposal, the responsible department may-
| | | | | | (b) approve it subject to such modifications as that department thinks appropriate; or | | | (c) refuse to approve it. | | | (5) Where the responsible department approves any proposal (with or without modifications) that department shall prepare a draft of the proposed code and lay it before the Assembly.
| | | (6) If, within the statutory period, the Assembly resolves not to approve the draft, the responsible department shall take no further steps in relation to the proposed code.
| | | (7) If no such resolution is made within the statutory period, the responsible department shall issue the code in the form of its draft.
| | | (8) The code shall come into force on such date as the responsible department may appoint by order.
| | | (9) Subsection (6) does not prevent a new draft of the proposed code from being laid before the Assembly.
| | | (10) If the responsible department refuses to approve a proposal, that department shall give the Council a written statement of the department's reasons for not approving it.
| | | (11) The responsible department may by order revoke a code.".
|
|
| | 36. - (1) In section 53 for "Secretary of State" wherever it occurs substitute "Department of Economic Development".
|
| | (2) In section 53(1) for "he" substitute "it".
|
| | (3) In section 53(5) for "a county court or a sheriff court" substitute "or a county court".
|
| | 37. For section 54 substitute-
|
| | | "Further provisions about codes issued under section 53. | 54. - (1) In preparing a draft of any code under section 53, the Department shall consult such organisations representing the interests of employers or of disabled persons in, or seeking, employment as the Department considers appropriate.
| | (2) Where the Department proposes to issue a code, the Department shall publish a draft of the code, 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.
| | | (3) If the Department decides to proceed with the code, the Department shall lay a draft of it before the Assembly.
| | | (4) 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 code.
| | | (5) If no such resolution is made within the statutory period, the Department shall issue the code in the form of its draft.
| | | (6) The code shall come into force on such date as the Department may appoint by order.
| | | (7) Subsection (4) does not prevent a new draft of the proposed code from being laid before the Assembly.
| | | (8) The Department may by order revoke a code.
| | | (9) In this section-
| | | "the Department" means the Department of Economic Development; and | | | "statutory period" has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.". |
|
| | 38. In section 56(2) and (4) for "Secretary of State" substitute "Department of Economic Development".
|
| | 39. In section 59(1) after "Crown" where it twice occurs insert "or a Northern Ireland department".
|
| | 40. - (1) In section 60(1) to (3) for "Secretary of State" wherever it occurs substitute "Department of Economic Development" and for "he" and "him" wherever they occur substitute "it".
|
| | (2) In section 60(4) for "Treasury" substitute "Department of Finance and Personnel in Northern Ireland".
|
| | (3) For section 60(6) substitute-
|
| | | "(6) The Department of Economic Development may by order repeal section 17 of, and Schedule 2 to, the Disabled Persons (Employment) Act (Northern Ireland) 1945 (district advisory committees).".
|
|
| | (4) In section 60(7) omit "paragraph (b) of", for "1944" substitute "1945" and omit "in each case".
|
| | (5) In section 60, omit subsection (8).
|
| |
|
|
| |   
|
| | Other UK Acts | Home | Scotland Legislation | Wales Legislation | Northern Ireland Legislation | Her Majesty's Stationery Office |
|
