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Statutory Rules of Northern Ireland

2001 No. 163 (C. 10)

DISABLED PERSONS

The Disability Discrimination Act 1995 (Commencement No. 7) Order (Northern Ireland) 2001

Made

10th April 2001

The Office of the First Minister and deputy First Minister, in exercise of the powers conferred on it by section 70(3) of the Disability Discrimination Act 1995(1) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Disability Discrimination Act 1995 (Commencement No. 7) Order (Northern Ireland) 2001.

(2) The Interpretation Act (Northern Ireland) 1954(2) shall apply to this Order as it applies to an Act of the Northern Ireland Assembly.

Appointed days

2.—(1) The days appointed for the coming into operation of section 37 of the Disability Discrimination Act 1995(3) (carrying of guide dogs and hearing dogs in taxis) are––

(a)1st June 2001 for the purposes of—

(i)the issue of certificates of exemption by the Department of the Environment pursuant to section 37(5), (6) and (7); and

(ii)the prescription of the notices of exemption pursuant to section 37(8)(b); and

(b)1st August 2001 for all other purposes.

(2) The day appointed for the coming into operation of section 38 of the Disability Discrimination Act 1995(4) (appeal against refusal of exemption certificate) is 1st June 2001.

Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 10th April 2001.

L.S.

David Trimble

First Minister r

Séamus Mallon

Deputy First Ministe

Explanatory Note

(This note is not part of the Order.)

This Order brings into operation sections 37 and 38 of the Disability Discrimination Act 1995 (“the Act”).

Section 37 of the Act imposes a duty on taxi drivers to carry in their taxis a guide dog, hearing dog or other prescribed category of dog when it accompanies the hirer. It also provides for a taxi driver to be exempted from that duty on medical grounds if a certificate of exemption has been issued to him by the Department of the Environment (“the Department”).

Section 37 of the Act comes into operation on 1st June 2001 for the purpose of enabling the Department to deal with applications for exemptions and the prescription by the Department of the notice of exemption. It comes into operation on 1st August 2001 for all other purposes.

Section 38 of the Act provides for a right of appeal against the refusal of the Department to issue a certificate of exemption. This section comes into operation on 1st June 2001.

A Regulatory Impact Assessment has been prepared and copies can be obtained from Driver and Vehicle Licensing Northern Ireland, Road Transport Licensing Division, 148-158 Corporation Street, Belfast, BT1 3DH (telephone 028 9025 4100, fax 028 9025 4003). A copy has been placed in the library of the Northern Ireland Assembly.

Note as to Earlier Commencement Orders

(This note is not part of the Order.)

The following provisions of the Disability Discrimination Act 1995, as modified in its application to Northern Ireland by Schedule 8 thereof, have been brought into operation by Commencement Orders made before the date of this Order:—

ProvisionDate of CommencementS.R. No.
Sections 1, 2 and 330th May 19961996 No. 219 (C. 9)
Sections 4 and 5(1) to (5)2nd December 19961996 No. 280 (C. 13)
Section 5(6) and (7)11th July 19961996 No. 280 (C. 13)
Section 6(1) to (7), (11) and (12)2nd December 19961996 No. 280 (C. 13)
Section 6(8), (9) and (10)11th July 19961996 No. 280 (C. 13)
Sections 7, 8(1) to (5) and (8)2nd December 19961996 No. 280 (C. 13)
Section 8(6) and (7)11th July 19961996 No. 280 (C. 13)
Sections 9, 10, 11, 12(1), (2), (4) and (5)2nd December 19961996 No. 280 (C. 13)
Section 12(3) and (6) Section 13, 14(1) and (3) Section 14(2), (4) and (5)11th July 1996 2nd December 1996 1st October 19991996 No. 280 (C. 13) 1996 No. 280 (C. 13) 1999 No. 196 (C. 18)
Section 14(6)11th July 19961996 No. 280 (C. 13)
Section 15(1)(a) and (2) to (10)1st October 19991999 No. 196 (C. 18)
Section 16(1), (2) and (4)2nd December 19961996 No. 280 (C. 13)
Section 16(3) and (5) partially30th May 19961996 No. 219 (C. 9)
Section 16(3) to the extent not previously in operation2nd December 19961996 No. 560 (C. 27)
Section 16(5) to the extent not previously in operation11th July 19961996 No. 280 (C. 13)
Section 17(1), (2) and (4)2nd December 19961996 No. 280 (C. 13)
Section 17(3)11th July 19961996 No. 280 (C. 13)
Section 18(1) and (2)2nd December 19961996 No. 280 (C. 13)
Section 18(3) and (4)11th July 19961996 No. 280 (C. 13)
Section 19(1)(a), (c) and (d),(2), (3), (4), (5)(a) and (b) and (6)2nd December 19961996 No. 280 (C. 13)
Section 19(1)(b)1st October 19991999 No. 196 (C. 18)
Section 19(5)(c)11th July 19961996 No. 280 (C. 13)
Sections 20(1), (3) and (4), 22, 23 and 24(1) to (4)2nd December 19961996 No. 280 (C. 13)
Section 20(2), (5) and (9)1st October 19991999 No. 196 (C. 18)
Section 20(6), (7) and (8)11th July 19961996 No. 280 (C. 13)
Section 21(1), (2)(d), (4),(6) and (10)1st October 19991999 No. 196 (C. 18)
Section 21(3) and (5)26th April 19991999 No. 196 (C.18)
Section 24(5)11th July 19961996 No. 280 (C. 13)
Sections 25 and 262nd December 19961996 No. 280 (C. 13)
Section 2830th May 19961996 No. 219 (C. 9)
Sections 46 and 47, and section 48 in so far as it relates to section 4613th May 19981998 No. 183 (C. 6)
Sections 50, 51 and 522nd January 19961996 No. 1 (C. 1)
Sections 53, 54 and 5611th July 19961996 No. 280 (C. 13)
Sections 55, 57 and 582nd December 19961996 No. 280 (C. 13)
Section 5930th May 19961996 No. 219 (C. 9)
Sections 60 and 612nd December 19961996 No. 280 (C. 13)
Section 62(1), (2) and (7)30th May 19961996 No. 219 (C. 9)
Sections 64 and 662nd December 19961996 No. 280 (C. 13)
Sections 67, 68(1) and 6930th May 19961996 No. 219 (C. 9)
Section 68(2) to (5) and 70(4)2nd December 19961996 No. 280 (C. 13)
Section 70(7) and Schedule 1 (with the exception of paragraph 7)30th May 19961996 No. 219 (C. 9)
Schedule 1, paragraph 72nd December 19961996 No. 280 (C. 13)
Schedule 230th May 19961996 No. 219 (C. 9)
Schedule 3 and Schedule 4,2nd December 19961996 No. 280 (C. 13)
Part I, paragraphs 1 and 2
Schedule 4, Part I, paragraph 311th July 19961996 No. 280 (C. 13)
Schedule 4, paragraph 4 and section 16(5) in so far as it relates to it30th May 19961996 No. 219 (C. 9)
Schedule 52nd January 19961996 No. 1 (C. 1)
Schedule 6, Schedule 7 and section 70(5) in so far as is necessary to effect the repeal of sections 1, 6 to 14,2nd December 19961996 No. 280 (C. 13)
19 and 21 of the Disabled,
Persons (Employment) Act
(Northern Ireland) 1945 and the Disabled Persons (Employment) Act
(Northern Ireland) 1960
(1)

1995 c. 50; section 70(3) is modified in its application to Northern Ireland by paragraph 48(1) of Schedule 8; see also S.R. 1999 No. 481, Article 8(a) and Schedule 6, Part I for transfer of functions

(3)

Section 37 is modified in its application to Northern Ireland by paragraph 21 of Schedule 8

(4)

Section 38 is modified in its application to Northern Ireland by paragraph 22 of Schedule 8