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Disability Discrimination Act 1995

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Changes over time for: Part 2

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Version Superseded: 30/06/2006

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[F1F2Part 2E+W+S MODIFICATIONS FOR SCOTLAND

Textual Amendments

F1Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F2Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F3F45E+W+SFor section 28R, substitute—

28R“ Further education etc. provided by education authorities in Scotland

(1)Subsections (2) and (3) apply to any course of further education secured by an education authority.

(2)It is unlawful for the education authority to discriminate against a disabled person—

(a)in the arrangements they make for determining who should be enrolled on the course;

(b)in the terms on which they offer to enrol him on the course; or

(c)by refusing or deliberately omitting to accept an application for his enrolment on the course.

(3)It is unlawful for the education authority to discriminate against a disabled person who has enrolled on the course in the services which they provide, or offer to provide.

(4)“Services”, in relation to a course, means services of any description which are provided wholly or mainly for persons enrolled on the course.

(5)It is unlawful for an education authority to discriminate against a disabled person in the terms on which they provide, or offer to provide, recreational or training facilities.

(6)In this Chapter “responsible body” means an education authority.

(7)“Further education” has the meaning given in section 1(5) of the Education (Scotland) Act 1980.

(8)“Education authority” has the meaning given in section 135(1) of that Act.”

Textual Amendments

F4Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F5F66E+W+SFor subsection (1) of section 28T, substitute— :

“(1)Each responsible body must take such steps as it is reasonable for it to have to take to ensure that—

(a)in relation to its arrangements for enroling persons on a course of further education provided by it, and

(b)in relation to services provided or offered by it,

disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled.”

Textual Amendments

F6Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F7F87E+W+SIn section 28W(1)(a) for “by an educational institution” substitute “by a responsible body wholly or partly for the purpose of its functions”.

Textual Amendments

F8Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F9F108E+W+SOmit section 31A.]

Textual Amendments

F10Sch. 4C inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 29, Sch. 5 (with s. 43(13); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

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