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Disability Discrimination Act 2005

The Disability Discrimination Act 2005 made major changes to the DDA 1995. The 2005 Act came into force in stages.

Implementation timetable:

30th June 2005 (now in force):
- transport exemption wording tightened

5th December 2005 (now in force):
- private clubs partly brought within DDA
- local councillors protected in part
- questionnaire procedure extended
- mental illness rule changes

4th December 2006 (now in force):
- public sector equality duty
- public functions brought within DDA
- land-based transport brought within DDA

1st September 2007 (now in force): - examining boards brought within DDA

December 2006 - public sector and land-based transport

Some of the most important provisions of the Act came into force on 4th December 2006:

Disability equality duty

There is a new positive duty on public bodies to promote equality of opportunity for disabled people. Rather than just relying on individuals to take legal cases to challenge acts of discrimination by the public sector (though this can still happen as well), there is now an onus on public services to ensure that any systematic bias is removed from the way in which services are delivered, and employment practices.

Even before 4th December, public bodies have been preparing Disability Equality Schemes under the new rules, to set out how they intend to eliminate unlawful discrimination and promote equality of opportunity. More..

Public functions

The DDA is extended to cover public functions, even where they are not already covered as a service to the public. More..

Land-based transport

The DDA is extended to provide full coverage for most land-based public transport providers. Even before 4th December 2006, providers had duties in respect of matters like timetables, booking facilities, waiting rooms etc at coach and rail stations. However, from that date the DDA is extended to the transport itself, eg buying a ticket on the bus. More..

September 2007 - examining boards

The DDA has been extended to cover examination/awarding bodies which provide general qualifications such as GCSEs and A-levels. There are special rules on 'competence standards'. More...

Northern Ireland

The 2005 Act does not apply in Northern Ireland, which is however making many parallel changes to its law.

Links

Full text of the Act: www.opsi.gov.uk/acts/acts2005/20050013.htm

October 2005: The Disability Discrimination Act 2005 (Commencement No. 2) Order 2005 - www.opsi.gov.uk/si/si2005/20052774.htm

June 2005: The Disability Discrimination Act 2005 (Commencement No. 1) Order 2005 - www.opsi.gov.uk/si/si2005/20051676.htm

7th April 2005: bill was passed by Parliament and receives Royal Assent.

July 2004: DWP issued a consultation document 'Delivering equality for disabled people', on the extension of the Disability Discrimination Act to functions of public authorities, and the introduction of a duty to promote equality for disabled people.

27th May 2004: report of the Joint Committee on the Draft Disability Discrimination Bill, with whom the draft Bill underwent pre-legislative scrutiny

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Last updated 21st December, 2007