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Statutory Instruments
DISABLED PERSONS
Made
20th April 2004
Laid before Parliament
27th April 2004
Coming into force
1st October 2004
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by section 56(2) and (4) and section 67(3) of the Disability Discrimination Act 1995 M1 hereby makes the following Order:
Marginal Citations
M11995 c. 50. Section 56 is amended by regulation 22 of the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673) as from 1st October 2004.
1.—(1) This Order may be cited as the Disability Discrimination (Questions and Replies) Order 2004 and shall come into force on 1st October 2004.
(2) This Order does not extend to Northern Ireland.
(3) In this Order—
“the Act” means the Disability Discrimination Act 1995;
“tribunal” means an employment tribunal.
2. The Disability Discrimination (Questions and Replies) Order 1996 M2 is hereby revoked.
Marginal Citations
3. The forms respectively set out in Schedules 1 and 2 to this Order or forms to the like effect with such variation as the circumstances may require are, respectively, hereby prescribed for the purposes of section 56 of the Act as forms—
(a)by which a complainant may question a respondent on his reasons for doing any relevant act, or any other matter which is or may be relevant; and
(b)by which the respondent may if he wishes reply to any questions.
4. In proceedings before a tribunal, a question shall only be admissible as evidence in pursuance of section 56(3) of the Act—
(a)where it was served before a complaint had been presented to a tribunal, if it was so served—
(i)within the period of three months beginning when the act complained of was done; or
(ii)where the period under paragraph 3 of Schedule 3 to the Act within which proceedings must be brought is extended by regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 M3, within that extended period;
(b)where it was served after a complaint had been presented to a tribunal—
(i)if it was served within the period of twenty eight days beginning with the day on which the complaint was presented, or
(ii)if it was served with the leave of a tribunal, within the period specified by that tribunal.
Marginal Citations
5. A question, or as the case may be, a reply may be duly served—
(a)where the person to be served is the respondent, by delivering the question to him, or by sending it by post to him at his usual or last known residence or place of business; or
(b)where the person to be served is the complainant, by delivering the reply to him, or sending it by post to him at his address for reply as stated by him in the document containing the questions or, if no address is so stated, at his usual or last known residence; or
(c)where the person to be served is a body corporate or is a trade union or employers' association within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 M4, by delivering it to the secretary or clerk of the body, union, or association at its registered or principal office or by sending it by post to the secretary or clerk at that office; or
(d)where the person to be served is acting by a solicitor, by delivering it at, or by sending it by post to, the solicitor’s address for service.
Marginal Citations
M41992, c. 52.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
20th April 2004
Article 2
Article 2
(This note is not part of the Order)
This Order revokes and replaces the Disability Discrimination (Questions and Replies) Order 1996 which prescribed the form of a questionnaire which could be used by a person (“the complainant”) who considered that he may have been discriminated against by another (“the respondent”) contrary to any provision of Part 2 of the Disability Discrimination Act 1995. The 1996 Order also prescribed a form for the respondent’s reply and laid down specified periods within which the questions had to be served by the complainant in order to be admissible in proceedings before an employment tribunal.
This Order prescribes amended forms for questions and replies in consequence of the changes made to Part 2 and (in respect of employment services) Part 3 of the Disability Discrimination Act 1995 by the Disability Discrimination Act 1995 (Amendment) Regulations 2003 and the Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), in order to implement Council Directive 2000/78/EC (O.J. No. L 303, 2.12.2000, p.16) so far as it relates to disability discrimination. The relevant changes include:
• an amended definition of discrimination;
• a specific prohibition of harassment;
• extension of the scope of Part 2 of the Act to cover, for example, partnerships;
• the requirement that the respondent reply to the questions served by the complainant within 8 weeks, in the absence of a reasonable excuse.
Article 3 of this Order prescribes the forms which may be used for the purposes mentioned in section 56 of the Act, as amended. The form set out in Schedule 1 is for use where the complainant considers that he may have been discriminated against or subjected to harassment in contravention of the Act and wishes to question the respondent. The form set out in Schedule 2 is for use by the respondent when replying.
Article 4 relates to the period within which questions must be served on the respondent if they are to be admissible as evidence in proceedings before an employment tribunal. Article 4(a) applies where a question is served before a complaint has been presented to a tribunal. Article 4(a)(ii) extends the period provided for in Article 4(a)(i) in cases where the 3-month time limit for bringing proceedings before an employment tribunal has been extended as a result of regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004. Article 4(b) applies where a question is served after a complaint has been presented to an employment tribunal. It extends the period provided for in the 1996 Order from 21 to 28 days.
Article 5 relates to the manner of service of questions and replies.
No Regulatory Impact Assessment has been prepared in connection with this Order as it imposes negligible costs on business.
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