Disability Discrimination Act 1995

[F418D[F3Interpretation of Part 2]E+W+S

 

(1)Subject to any duty to make reasonable adjustments, nothing in this Part is to be taken to require a person to treat a disabled person more favourably than he treats or would treat others.

(2)In this Part—

  • “benefits” [F5, except in sections 4G to 4K,] includes facilities and services;

  • “detriment”, except in section 16C(2)(b), does not include conduct of the nature referred to in section 3B (harassment);

  • “discriminate”, “discrimination” and other related expressions are to be construed in accordance with section 3A;

  • “duty to make reasonable adjustments” means a duty imposed by or under section 4A, 4B(5) or (6), 4E, [F64H,] 6B, 7B, 7D, 14, 14B, 14D [F7, 15C] or 16A(5);

  • “employer” includes a person who has no employees but is seeking to employ another person;

  • “harassment” is to be construed in accordance with section 3B;

  • “physical feature”, in relation to any premises, includes [F8(subject to any provision under section 15C(4)(e))] any of the following (whether permanent or temporary)—

    (a)

    any feature arising from the design or construction of a building on the premises,

    (b)

    any feature on the premises of any approach to, exit from or access to such a building,

    (c)

    any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises,

    (d)

    any other physical element or quality of any land comprised in the premises;

  • “provision, criterion or practice” includes any arrangements.]

Extent Information

E1This section extends to England and Wales and Scotland only; a separate s. 18D exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F3Cross-heading "Supplementary and General" inserted (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. 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), 17(1); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004

(S.R. 2004/55), regs. 1(2)(3), {17(1)}

F4S. 18D inserted (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), 18

F5Words in s. 18D(2) inserted (E.W.S) (1.12.2003 for specified purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations (S.I 2003/2770), regs 1(2)(3), {4(2)(a)}

F6Words in s. 18D(2) inserted (E.W.S) (1.12.2003 for specified purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations (S.I 2003/2770), regs 1(2)(3), {4(2)(b)}

F7S. 18D(2): words in definition of "duty to make reasonable adjustments" inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 11(a); S.I. 2005/2774, art.4(f)

F8S. 18D(2): words in definition of "physical feature" inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 11(b); S.I. 2005/2774, art.4(f)

[F918DInterpretation of Part IIN.I.

(1)Subject to any duty to make reasonable adjustments, nothing in this Part is to be taken to require a person to treat a disabled person more favourably than he treats or would treat others.

(2)In this Part –

  • “benefits”, except in sections 4G to 4K, includes facilities and services;

  • “detriment”, except in section 16C(2)(b), does not include conduct of the nature referred to in section 3B (harassment);

  • “discriminate”, “discrimination” and other related expressions are to be construed in accordance with section 3A;

  • “duty to make reasonable adjustments” means a duty imposed by or under section 4A, 4B(5) or (6), 4E, 4H, 6B, 7B, 14, 14B, 14D or 16A(5);

  • “employer” includes a person who has no employees but is seeking to employ another person;

  • “harassment” is to be construed in accordance with section 3B;

  • “physical feature”, in relation to any premises, includes any of the following (whether permanent or temporary) –

    (a)

    any feature arising from the design or construction of a building on the premises,

    (b)

    any feature on the premises of any approach to, exit from or access to such a building,

    (c)

    any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises,

    (d)

    any other physical element or quality of any land comprised in the premises;

  • “provision, criterion or practice” includes any arrangements.]

Extent Information

E2This section extends to Northern Ireland only; a separate s. 18D exists for England and Wales and Scotland only.

Textual Amendments