These pages do not apply outside the United Kingdom.

Scotland, Wales and Northern Ireland

The United Kingdom includes England, Wales, Scotland and Northern Ireland. "Great Britain" is England, Wales and Scotland only. The sources I use for this website relate principally to England. Accordingly the website focuses on the position there. This page deals with the position in other parts of the United Kingdom as I understand it.

To summarise the position on the Equality Act 2010 (and previous DDA 1995), the Equality Act (and the DDA before October 2010) does also apply in Wales and, subject to adaptations, in Scotland. The DDA - not the Equality Act - also applies to a large extent in Northern Ireland, but the Assembly there now enacts its own amendments to disability discrimination law. The Isle of Man and Channel Islands are not part of the United Kingdom and this website does not aim to cover them.

Scotland
Wales
Northern Ireland (separate page)
The European Convention in Scotland, Wales and Northern Ireland
Isle of Man
Channel Islands

'The Table', a rock formation in the Quiraing on the Isle of Skye, Scotland.

Scotland

Scotland has its own legal traditions, its own body of common law and statute law, its own system of courts, and its own legal profession. Scotland also now has its own Scottish Parliament (external link), and power in certain fields has been transferred to this.

Even so, the Equality Act 2010 (before October 2010 the Disability Discrimination Act 1995) does apply in Scotland. It is subject to minor adaptations. For example, litigation on the goods and services provisions is heard by the sheriff court in Scotland.

In general, equal opportunities issues in Scotland are matters reserved to the Westminster Parliament in London (Schedule 5 of the Scotland Act). So in general changes to the Equality Act/DDA in Scotland are a matter for the Westminster Parliament. However, the Scottish Parliament does have certain powers with regard to equal opportunities. These include the encouragement (other than by prohibition or regulation) of equal opportunities, and in particular encouraging the observance of equal opportunities legislation such as the Equality Act (Schedule 5). For the 'specific duties' under the single Public Sector Equality Duty taking effect in April 2011, there will be separate regulations for Scotland (excluding non-devolved bodies).

The Scottish Parliament Equal Opportunities Committee (external link) conducted a Disability Inquiry in which the British Stammering Association (Scotland) participated. You can read about evidence given orally by people who stammer and download the BSA's written submission at Equal Opportunities - Visit to Scottish Parliament (BSA website). The committee reported in 2006.

On special educational needs, the Education (Additional Support for Learning) (Scotland) Act 2004 & 2009 applies - see www.ltscotland.org.uk

There is more on disability equality in Scotland on the Scottish Executive website at www.scotland.gov.uk/Topics/People/Equality/disability/

There may well be differences in areas other than the Equality Act.

Wales Millenium Centre, Cardiff, with Customs House in background. The words on the Millenium Centre (in English) read "In these stones horizons sing".

Wales

The National Assembly of Wales (external link) was established by the Government of Wales Act 1998. It does not pass primary legislation. In the areas where it is active, it only has functions which in England Ministers would exercise, in particular making regulations under Acts of Parliament passed at Westminster.

The Equality Act 2010 (before October 2010, the Disability Discrimination Act 1995) applies in Wales as it does in England. Functions in respect of it are not transferred to the Assembly. However, for the 'specific duties' under the single Public Sector Equality Duty taking effect in April 2011, there are separate regulations for Wales (excluding non-devolved bodies).

There are provisions in the Government of Wales Act on the need for the Assembly to have regard to equality of opportunity (sections 48 and 120). There is an Equality of Opportunity Committee (external link) established by the National Assembly for Wales.

From May 2012 ministers in Wales have a particular obligation under Welsh law to have due regard to the Convention on the Rights of the Child (CRC), which includes provisions on disability.

Northern Ireland

See Northern Ireland page.

The European Convention in Scotland, Wales and Northern Ireland

Broadly, the Human Rights Act 1998 also applies in Scotland, Wales and Northern Ireland. Also the legislation establishing the relevant assemblies actually says that they have no power to enact legislation with contravenes the European Convention on Human Rights. So the European Convention, including its provisions which impact disability discrimination, provides a constitutional limit on the competence of the devolved bodies.

The detailed rules are complex, and different for each region. However, issues as to whether legislation by an assembly complies with the Convention will generally be a "devolution issue". Special procedures are laid down to deal with this in the courts. The ultimate court in the United Kingdom which can hear appeals in this area is generally (but not always) the Judicial Committee of the Privy Council. That jurisdiction will shift to the UK Supreme Court when it opens for business. Unlike with Acts of the Westminster Parliament, the courts actually have power to strike down legislation of the regional assemblies.

Where one of the devolved bodies in Scotland, Wales or Northern Ireland acts contrary to the Convention, it may be unclear whether action can be taken under the normal Human Rights Act provisions or whether it should instead be dealt with under the procedure for "devolved issues".

Isle of Man

The Isle of Man is not part of the United Kingdom, and this website does not cover it.

So far as I know, there is no disability discrimination legislation in force in the Isle of Man as as at November 2011. For information on existing equality legislation see www.gov.im/dti/employmentRights/equality.xml. There is a Disability Employment Service: www.gov.im/dti/employment/disability.xml

However, the Isle of Man government is considering bringing disability discrimination legislation into force:

Disability Discrimination Act Workshops - Department of Social Care (link to www.gov.im), 7/11/11 - views from organisations are invited.
Department of Social Care Appoints Sight and Sound Technology to Plan the Introduction of the Disability Discrimination Act (link to www.gov.im), 20/9/11

News links:

The European Convention of Human Rights (with the Island's Human Rights Act 2001) could apply in some fields, such as education.

Channel Islands

The Channel Islands are not part of the United Kingdom and this website does not cover them. The main islands are

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