The Disability Discrimination Act 1995 (Commencement No. 3 and Saving and Transitional Provisions) Order (Northern Ireland) 1996

Made10th July 1996

The Department of Health and Social Services, in exercise of the powers conferred on it by sections 67(3) and 70(3) of the Disability Discrimination Act 19951 and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation1

1

This Order may be cited as the Disability Discrimination Act 1995 (Commencement No. 3 and Saving and Transitional Provisions) Order (Northern Ireland) 1996.

2

In this Order references to sections and Schedules are references to sections of and Schedules to the Disability Discrimination Act 1995.

3

The Interpretation Act (Northern Ireland) 19542 shall apply to this Order as it applies to a Measure of the Northern Ireland Assembly.

Appointed days2

1

The day appointed for the coming into operation of the provisions specified in Part I of the Schedule to this Order is 11th July 1996.

2

The day appointed for the coming into operation of the provisions specified in Part II of the Schedule to this Order, subject to the saving and transitional provisions set out in Article 3, is 2nd December 1996.

Saving and transitional provisions3

Notwithstanding the repeal of sections 9 to 11, 12, 14 and 19 of the Disabled Persons (Employment) Act (Northern Ireland) 19453 by the bringing into operation by this Order of section 614 and Schedule 75:

a

sections 9, 12 and 19 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 shall continue to have effect so as to allow prosecutions to be brought until 3rd December 1997 against persons alleged to have contravened section 9(2), section 9(5) or section 12(2) of that Act prior to but excluding 2nd December 1996;

b

section 14 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 and regulation 9 of the Disabled Persons (General) Regulations (Northern Ireland) 19466 shall continue to have effect so as to allow prosecutions to be brought until 3rd December 1997 against persons alleged to have contravened section 9(2), section 9(5) or section 12(2) of that Act prior to but excluding 2nd December 1996 and, where it is alleged that contravention of section 14(6) or section 14(7) of that Act hinders such prosecution, so as to allow prosecutions to be brought against persons alleged to have contravened those subsections.

Sealed with the Official Seal of the Department of Health and Social Services on

J. J. M. HarbisonUnder Secretary10th July 1996.

SCHEDULE

Article 2

Part IProvisions coming into Operation on 11th July 1996

Provision of the Disability Discrimination Act 1995	Subject matter
Section 5(6) and (7).	Meaning of “discrimination”.
Section 6(8), (9) and (10).	Duty of employer to make adjustments.
Section 8(6) and (7)7.	Enforcement, remedies and procedure.
Section 12(3) and (6).	Discrimination against contract workers.
Section 14(6).	Meaning of “discrimination” in relation to trade organisations.
Section 16(5) to the extent not	Alterations to premises occupied under
already in force.	leases.
Section 17(3).	Occupational pension schemes.
Section 18(3) and (4).	Insurance services.
Section 19(5)(c).	Discrimination in relation to goods, facilities and services.
Section 20(6), (7)8 and (8).	Meaning of “discrimination”.
Section 24(5).	Meaning of “discrimination”.
Section 539.	Codes of practice prepared by the Department of Economic Development.
Section 5410.	Further provision about codes issued under section 53.
Section 5611.	Help for persons suffering discrimination.
Schedule 4, Part I, paragraph 3.	Premises occupied under leases — occupation by employer or trade organisation.

Part IIProvisions coming into Operation on 2nd December 1996

Section 412.	Discrimination against applicants and employees.
Section 5(1) to (5).	Meaning of “discrimination”.
Section 6(1) to (7), (11) and (12).	Duty of employer to make adjustments.
Section 713.	Exemption for small businesses.
Section 8(1) to (5)14 and (8).	Enforcement, remedies and procedures.
Section 915.	Validity of certain agreements.
Section 1016.	Charities and support for particular groups of persons.
Section 11.	Advertisements suggesting that employers will discriminate against disabled persons.
Section 12(1), (2), (4) and (5)17.	Discrimination against contract workers.
Section 13.	Discrimination by trade organisations.
Section 14(1) and (3).	Meaning of “discrimination” in relation to trade organisations.
Section 16(1), (2) and (4).	Alterations to premises occupied under leases.
Section 17(1), (2) and (4).	Occupational pension schemes.
Section 18(1) and (2).	Insurance services.
Section 19(1)(a), (c) and (d), (2), (3), (4), (5)(a) and (b) and (6)18.	Discrimination in relation to goods, facilities and services.
Section 20(1), (3) and (4).	Meaning of “discrimination”.
Section 2219.	Discrimination in relation to premises.
Section 23.	Exemption for small dwellings.
Section 24(1) to (4).	Meaning of “discrimination”.
Section 2520.	Enforcement, remedies and procedure.
Section 2621.	Validity and revision of certain agreements.
Section 55.	Victimisation.
Section 57.	Aiding unlawful acts.
Section 58.	Liability of employers and principals.
Section 6022.	Appointment by Department of Economic Development of advisers.
Section 6123.	Amendment of Disabled Persons (Employment) Act (Northern Ireland) 1945.
Section 6424.	Application to Crown etc.
Section 66.	Government appointments outside Part II.
Section 68(2) to (5)25.	Interpretation.
Section 70(4).	Short title, commencement, extent etc.
Schedule 1, paragraph 726.	Persons deemed to be disabled.
Schedule 327	Enforcement and Procedure.
Schedule 4, Part I, paragraphs 1 and 228.	Premises occupied under leases.
Schedule 629.	Consequential Amendments.
Schedule 730 and section 70(5) in so far as is necessary to effect the repeal of sections 1, 6 to 14, 19 and 21 of the Disabled Persons (Employment) Act (Northern Ireland) 1945 and the Disabled Persons (Employment) Act (Northern Ireland) 1960.	Repeals.

(This note is not part of the Order.)

This Order provides for the coming into operation on 11th July 1996 of provisions in the Disability Discrimination Act 1995 (“the Act”) authorising the making of Regulations.

(In its application to Northern Ireland the Act has effect subject to the modifications contained in Schedule 8 thereof.)

This Order also provides for the coming into operation on 11th July 1996 of sections 53 and 54, which relate to Codes of Practice issued by the Department of Economic Development, and of section 56 of the Act, which relates to help for persons suffering discrimination.

It further provides for the coming into operation on 2nd December 1996 of provisions of the Act relating to employment, including discrimination against applicants and employees; meaning of “discrimination” for this purpose; duty of employer to make adjustments; exemption for small businesses; enforcement, remedies and procedure; validity of certain agreements; charities and support for particular groups of persons; advertisements suggesting that employers will discriminate against disabled persons; discrimination against contract workers; discrimination by trade organisations; meaning of “discrimination” in relation to trade organisations; alterations to premises occupied under leases; occupational pension schemes; and insurance services.

It further provides for the coming into operation on 2nd December 1996 of provisions of the Act relating to goods, facilities and services, including discrimination in relation to goods, facilities and services; meaning of discrimination for this purpose; discrimination in relation to premises; exemption for small dwellings; meaning of “discrimination” for these purposes; enforcement, remedies and procedure; and validity and revision of certain agreements.

It further provides for the coming into operation on 2nd December 1996 of supplemental and miscellaneous provisions of the Act including victimisation; aiding unlawful acts; liability of employers and principals; appointment by Department of Economic Development of advisers; amendment of Disabled Persons (Employment) Act (Northern Ireland) 1945; application to Crown etc.; Government appointments outside Part II; interpretation; short title, commencement, extent etc.; consequential amendments and repeals.

(This note is not part of the Order.)

Provision	Date of Commencement	S.R. No.
Section 1	30th May 1996	1996 No. 219 (C. 9)
Section 2	30th May 1996	1996 No. 219 (C. 9)
Section 3	30th May 1996	1996 No. 219 (C. 9)
Section 16(3) in so far as it relates to the definition of “sub-lease” and “sub-tenancy”	30th May 1996	1996 No. 219 (C. 9)
Section 28	30th May 1996	1996 No. 219 (C. 9)
Section 50	2nd January 1996	1996 No. 1 (C. 1)
Section 51	2nd January 1996	1996 No. 1 (C. 1)
Section 52	2nd January 1996	1996 No. 1 (C. 1)
Section 59	30th May 1996	1996 No. 219 (C. 9)
Section 62(1), (2) and (7)	30th May 1996	1996 No. 219 (C. 9)
Section 67	30th May 1996	1996 No. 219 (C. 9)
Section 68(1)	30th May 1996	1996 No. 219 (C. 9)
Section 69	30th May 1996	1996 No. 219 (C. 9)
Section 70(7)	30th May 1996	1996 No. 219 (C. 9)
Schedule 1 (with the exception of paragraph 7)	30th May 1996	1996 No. 219 (C. 9)
Schedule 2	30th May 1996	1996 No. 219 (C. 9)
Schedule 4, paragraph 4 and section 16(5) in so far as it relates to it	30th May 1996	1996 No. 219 (C. 9)
Schedule 5	2nd January 1996	1996 No. 1 (C. 1)