Part IIF2THE EMPLOYMENT FIELD

Annotations:
Amendments (Textual)
F2

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)

F1Barristers and advocates

Annotations:
Amendments (Textual)
F1

Ss. 7A-7D and cross-heading inserted (E.W. for ss. 7A, 7B, S. for ss. 7C, 7D) (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), 8 - see also s. 70(5A)(5B) of this Act.

7DAdvocates: duty to make adjustments

1

Where—

a

a provision, criterion or practice applied by or on behalf of an advocate, or

b

any physical feature of premises occupied by, and under the control of, an advocate,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the advocate to take such steps as it is reasonable, in all the circumstances of the case, for him 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 whom he will take as his pupil, any disabled person who has applied, or has notified the advocate that he may apply, to be taken as a pupil;

b

in any other case, a disabled person who is—

i

an applicant to be taken as the advocate’s pupil, or

ii

a pupil.

3

Nothing in this section imposes any duty on an advocate in relation to a disabled person if he 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, applying to be taken as his pupil; or

b

in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).