Part IIF3THE EMPLOYMENT FIELD
F2F1Trade and professional bodies
Ss. 13-14D and cross-headings substituted for ss. 13-15 (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.I. 2004/55), regs. 1(2)(3), 13
Ss. 13-14D and cross-headings substituted for ss. 13-15 (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 13
E2X214F1Trade organisations: duty to make adjustments
1
Where—
a
a provision, criterion or practice applied by or on behalf of a trade organisation, or
b
any physical feature of premises occupied by the organisation,
places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the organisation to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
2
In this section “the disabled person concerned” means—
a
in the case of a provision, criterion or practice for determining to whom membership should be offered, any disabled person who is, or has notified the organisation that he may be, an applicant for membership;
b
in any other case, a disabled person who is—
i
a member of the organisation, or
ii
an applicant for membership of the organisation.
3
Nothing in this section imposes any duty on an organisation in relation to a disabled person if the organisation does not know, and could not reasonably be expected to know—
a
in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for membership of the organisation; or
b
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
E1X114F2Trade organisations: duty to make adjustments
1
Where –
a
a provision, criterion or practice applied by or on behalf of a trade organisation, or
b
any physical feature of premises occupied by the organisation,
places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the organisation to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
2
In this section “the disabled person concerned” means –
a
in the case of a provision, criterion or practice for determining to whom membership should be offered, any disabled person who is, or has notified the organisation that he may be, an applicant for membership;
b
in any other case, a disabled person who is –
i
a member of the organisation; or
ii
an applicant for membership of the organisation.
3
Nothing in this section imposes any duty on an organisation in relation to a disabled person if the organisation does not know, and could not reasonably be expected to know –
a
in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for membership of the organisation; or
b
in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)