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STATUTORY INSTRUMENTS


2005 No. 2703

DISABLED PERSONS

The Disability Discrimination (Questions and Replies) Order 2005

  Made 28th September 2005 
  Laid before Parliament 4th October 2005 
  Coming into force 5th December 2005 

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[1], hereby makes the following Order:

Citation, commencement and interpretation
     1. —(1) This Order may be cited as the Disability Discrimination (Questions and Replies) Order 2005 and shall come into force on 5th December 2005.

    (2) In this Order—

Forms for questions and replies
    
2. 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 for cases falling within Part 3 of the Act (discrimination in other areas), other than section 21A (employment services)[2] and sections 19 to 21 (discrimination in relation to services and duty to make adjustments) in so far as sections 19 to 21 relate to a group insurance arrangement[3], as forms—

and articles 3 and 4 of this Order shall apply to such cases.

Period for service of questions
     3. In proceedings before a court, a question shall, for the purposes of section 56(3) of the Act, only be admissible as evidence in any proceedings under Part 3 of the Act, other than section 21A (employment services) and sections 19 to 21 in so far as sections 19 to 21 relate to a group insurance arrangement—

Manner of service of questions and replies
     4. A question or, as the case may be, a reply may be duly served—

Amendment of the Disability Discrimination (Questions and Replies) Order 2004
     5. —(1) Amend the Disability Discrimination (Questions and Replies) Order 2004[6] as follows.

    (2) In article 3—

    (3) In article 5(b), for "complainant" substitute "person aggrieved".

    (4) In Schedule 1—

    (5) In Schedule 2—



Signed by authority of the Secretary of State for Work and Pensions


Anne C. McGuire
Parliamentary Under Secretary of State Department for Work and Pensions

28th September 2005



SCHEDULE 1
Article 2


THE DISABILITY DISCRIMINATION ACT 1995, section 56(2)(a)






SCHEDULE 2
Article 2


THE DISABILITY DISCRIMINATION ACT 1995, section 56(2)(b)










EXPLANATORY NOTE

(This note is not part of the Order)


Following the substitution of section 56 of the Disability Discrimination Act 1995 ("the Act") by section 17 of the Disability Discrimination Act 2005, this Order prescribes forms for questions and replies for cases falling within Part 3 of the Act (discrimination in areas other than employment and education), other than those falling within section 21A (employment services) and sections 19 to 21 in so far as sections 19 to 21 relate to group insurance arrangements. The section 21A and sections 19 to 21 cases come under the jurisdiction of employment tribunals by virtue of section 25(6A), (7) and (8) of the Act, whereas the other Part 3 cases (the cases to which this Order applies) come within the jurisdiction of a county court or, in Scotland, the sheriff court.

Article 2 of the Order prescribes forms which may be used for the purposes mentioned in the new section 56 of the Act. The form set out in Schedule 1 is for use where the person aggrieved considers that he may have been discriminated against in contravention of Part 3 of the Act, other than section 21A or sections 19 to 21 of the Act in so far as sections 19 to 21 relate to a group insurance arrangement. The form set out in Schedule 2 is for use by the respondent when replying.

Article 3 provides for periods within which a question must be served on the respondent if, for the purposes of section 56(3) of the Act, it is to be admissible as evidence in proceedings before a court.

Article 4 provides for the manner of service of questions and replies.

Article 5 amends the Disability Discrimination (Questions and Replies) Order 2004 ("the 2004 Order") to provide explicitly for that Order to apply only for cases falling within Part 2 of the Act and, in relation to Part 3 of the Act, to cases falling within section 21A which relates to employment services and sections 19 to 21 in so far as sections 19 to 21 relate to group insurance arrangements. Article 5 also makes minor drafting changes to the 2004 Order and its Schedules to take account of the changes in terminology introduced by the new section 56 of the Act.

An assessment of the impact of this Order on business, charities and the voluntary sector has been made. Copies of this Regulatory Impact Assessment have been placed in the libraries of both Houses of Parliament. Copies may be obtained from the Better Regulation Unit of the Department for Work and Pensions, level 4, The Adelphi, 1-11 John Adam Street, London WC2N 6HT.


Notes:

[1] 1995 c.50. Section 56 of the 1995 Act was substituted by section 17 of the Disability Discrimination Act 2005 (c.13) ("the 2005 Act") and section 67(3) of the 1995 Act was amended by paragraphs 1, 33(1) and (3) of Schedule 1 to the 2005 Act.back

[2] Section 21A was inserted by S.I. 2003/1673 and amended by paragraphs 1 and 15 of Schedule 1 to the 2005 Act.back

[3] The definition of "group insurance arrangement" was inserted in section 68(1) of the Disability Discrimination Act 1995 by section 11(3) of the 2005 Act.back

[4] Section 28 was substituted by section 10 of the Disability Rights Commission Act 1999 (c.17).back

[5] 1992 c.52.back

[6] S.I. 2004/1168.back

[7] The definition of "group insurance arrangement" was inserted in section 68(1) of the Disability Discrimination Act 1995 by section 11(3) of the Disability Discrimination Act 2005.back



ISBN 0 11 073390 8


 © Crown copyright 2005

Prepared 4 October 2005


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