The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006

UK Statutory Instrument 2006 No. 1721 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 29 June 2006
In force from: 1 September 2006
Extent: Not stated
Subject: Education, social security, pensions and public services
Made under: No. 1721 DISABLED PERSONS The Disability Discrimination Act 1995

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement (in Great Britain) the provisions of Council Directive 2000/78/EC (OJ No. L 303, 2.12.2000, p.16), establishing a general framework for equal treatment in employment and occupation (“the Directive”), so far as it relates to disability discrimination but only insofar as the Directive’s obligations impact upon Chapter 2 of Part 4 of the Disability Discrimination Act 1995 (c. 50) (“the Act”). The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), which came into force on 1st October 2004, implemented the Directive’s obligations with respect to Parts 2 and 3 of the Act. New section 28R(3A) of the Act prohibits discrimination as regards the conferment of qualifications by educational institutions or the arrangements made for the purpose of conferring such qualifications. (Regulation 5). The institutions made subject to duties under Chapter 2 of Part 4 of the Act must be determined by reference to Schedule 4B and 4C of that Act. New sections 28R(3B) and 28SA prohibit harassment by relevant institutions and define what harassment means. (Regulation 5 and 7). New section 28S(2) imposes a duty to make reasonable adjustments. The extent and meaning of that duty is set out in new sections 28T(1) to (1D). (Regulation 6 and 8). New sections 28S(5) to (11) amend the definition of “discrimination” and set out the ambit of the justification defence for an act which constitutes discrimination. (Regulation 6). New sections 28S(9) and (10) prohibit direct discrimination and define what that term means. New section 28UA prohibits discrimination and harassment and imposes duties to make reasonable adjustments in relationships which have come to an end, and new section 28UB prohibits instructions and pressure to discriminate. (Regulations 12 &13). New section 28UC prohibits publishing discriminatory advertisements (Regulation 14). Enforcement of sections 28UB and 28UC will be in accordance with section 25 of the Equality Act 2006, and until that provision comes into force, new sections 28VA and 28VB set out the transitional enforcement procedure for those sections. 28UB and 28UC, until section 25 of the Equality Act 2006 comes into force (Regulations 22 and 23). New section 28V(1A) makes provision for the burden of proof in proceedings brought under Chapter 2 and these Regulations also include transitional provisions concerning the burden of proof. (Regulation 3 and 15). Part 6 of these Regulations substitutes a new Schedule 4C into the Act to implement the Directive’s obligations with respect to further and higher education provided by local education authorities and, in Scotland, further education provided by education authorities. These Regulations make provision for commencement on the day after they are made so far as enabling anything to be done for the purposes of preparing and bringing into force on or after 1st September 2006 a code of practice under section 53A of the 1995 Act concerning any provisions of that Act as it will have effect on or after that date by virtue of these Regulations. Otherwise, the Regulations come into force on 1st September 2006. (Regulation 1). A copy of the Transposition Note in relation to the implementation of the Directive for Chapter 2 of Part 4 of the Act may be obtained from Equality and Diversity Unit, Department for Education and Skills, Caxton House, 6-12 Tothill Street, London, SW1H 9NA; and a copy has also been placed in the library of each house of Parliament.

Offences created by this instrument

Enforcement of section 28UB and 28UC regulation 28VA(7) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Disability Discrimination Act 1995 (Amendment) (Further Education) Regulations 2007 Lords · Lords Chamber · 5 June 2007 · The Parliamentary Under-Secretary of State, Department for Education and Skills (Lord Adonis)
rose to move, That the draft regulations laid before the House on 22 March be approved. The noble Lord said: My Lords, these regulations are pursuant to important provisions of the Education and Inspections Act 2006. Section 6 of that Act included a series of new provisions designed to increase young people’s participation in positive leisure-time activities. This was broadly welcomed in both Houses. In January this year the legislation came into force and is now extending opportunities for young people. Youth Matters, the July 2005 DfES Green Paper on youth activities, highlighted evidence…

How Parliament handled it

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