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Services to the public
Education and related services
Public authority functions
Private members' clubs
Premises
Employment services
Most services fall within the rules on 'services to the public'. However there are special rules for a few individual types of case, and this page points up where special rules apply.
As a general rule, anyone concerned with the provision in the UK of goods, services or facilities to the public, or to a section of the public, is within the rules on services to the public. This is the general category that most services will fall into.
To give just a few examples, it includes shops, restaurants, central and local government (so far as they provide services to the public), advisors, churches etc. There is a limited exemption for transport.
Rules on services to the public...
From September 2002, schools and post-16 education providers are generally covered by separate education rules in DDA Part 4 as regards pupils and students (actual or prospective), both as regards education and other services such as outings.
However some education or related services are likely to be 'services to the public' falling within DDA Part 3, for example:
See the DDA rules on schools and post-16 providers for more detail.
The rules on 'services to the public' only apply where there is a provision of goods, services or facilities. This excludes some functions of public authorities, such as arrest by the police which is not exactly a 'service'.
However, with effect from 4th December 2006, public authority functions are covered by separate but similar rules within DDA Part 3.
Rules on public authority functions...
Because the rules on 'services to the public' only apply where the services or facilties are being provided to the public, they may not apply to clubs which are only open to members.
However, from 5th December 2006 private clubs with 25 or more members have been brought within the DDA. Separate rules in Part 3 apply to them
Rules on private members' clubs...
There are rules relating to those selling, letting or managing property. I don't deal with them on this website. See Chapters 13-19 of the Revised Code of Practice: Rights of Access (pdf file on EHRC website).
However, hire of premises or booking rooms in hotels or guest houses is not covered by the 'premises' rules and will normally be 'services to the public' (para 3.16-3.17 of Revised Code of Practice: Rights of Access).
From 1st October 2004 'employment services' have been given stronger protection, in accordance with the Framework Employment Directive. Accordingly the rules for them are different from those for 'services to the public.
Employment services are (a) vocational guidance, (b) vocational training, or (c) services designed to assist a person to obtain or retain employment, or to establish himself as self-employed (new section 21A of DDA 1995).
I don't deal with the rules on this website but they are covered in Part 11 of the Code of Practice: Employment and Occupation (pdf file on EHRC website).
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© Allan Tyrer 1999-2007
Last updated 6th January, 2007
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