17 December 2004 - Consultation begins on using regulation-making powers under the Disability Discrimination Bill
The consultation document Disability Discrimination Bill: consultation on private clubs; premises; the definition of disability and the questions procedure was published today by the Department for Work and Pensions.
The document, which has been sent to around 500 interested organisations, sets out the Government’s proposals for using regulation-making powers in the Disability Discrimination Bill in respect of the Bill’s duties on: private clubs; landlords and managers of rented premises; the extension of the definition of disability; and the extension of the questions procedure.
Those duties would:
- bring within scope of Part III of the Disability Discrimination Act (which deals with access to goods, services, facilities and premises) private clubs with 25 or more members;
- extend the duty of reasonable adjustment, apart from in respect of physical features, to those who let or manage rented premises;
- extend the definition of disability to people with cancer, HIV and multiple sclerosis effectively from the point of diagnosis; and
- extend to Part 3 of the DDA a procedure for asking and answering questions about alleged discrimination which is similar to that in Part 2 (which covers employment and occupation) of the Act.
The consultation document seeks views, by 18 March 2005, on the Government's proposals for introducing detailed measures necessary to ensure these provisions are effective. However, the proposals do not add to or vary the main duties in the Bill, but rather clarify and define the detail of key concepts which will ensure the main duties can be properly met.
Notes for editors
- The Disability Discrimination Bill was introduced into the House of Lords on 25 November, and underwent Second Reading on 6 December. The Bill is the final step in delivering the Government’s 2001 Manifesto commitment to extend rights and opportunities for disabled people.
- A number of the Bill’s provisions contain regulation-making powers which enable the Government to set out detailed requirements to meet the main duties. The Government has already consulted (Delivering Equality for Disabled People) on its proposals for using powers under the principal public sector elements of the Bill, and further details are available on http://www.dwp.gov.uk/publications/dwp/2004/equality/
- In brief, the proposals in this consultation document seek views on:
- Private clubs
- Whether the “trigger” for the duty should be the point at which it is impossible or unreasonably difficult for the disabled person to use the benefits, facilities or services provided by the club for its members;
- Making the duty to make reasonable adjustments anticipatory;
- Setting out the same limited range of defences to justify not making a reasonable adjustment as currently applies to service providers;
- Whether the practical duties to make reasonable adjustments should be modified, and if so how, in respect of political associations; and
- Introducing the duty to make reasonable adjustments from December 2006.
- Premises
- Whether regulations should specify what is to be treated as a physical feature in respect of rented premises;
- Whether to clarify the scope of the duty of reasonable adjustment to make clear that it does not include giving consent to a tenant’s request to make alterations to physical features of rented premises;
- Whether the justification for not making a reasonable adjustment on the grounds of a disabled person’s incapacity to enter into an enforceable agreement should apply where the disabled person is acting through certain other people, for example a person who has power of attorney; and
- Whether regulations should ensure that commonhold associations will be placed under the same duty of reasonable adjustment as landlords and managers of rented premises.
- Definition of disability
- Excluding certain cancers from the scope of the extended definition. The document proposes excluding the most common cancers which are not considered to require substantial treatment and it identifies a list of the cancers to be excluded (e.g. basal cell carcinomas and Bowen’s Disease); and
- How to define “substantial treatment”.
- Questions procedure
- The detail of the forms to be used, the manner of serving questions and replies; and
- Time limits for serving questions for them to be admissible in evidence in court proceedings.
- A copy of the consultation document can be obtained from:
TSO Customer Services
Telephone: 0870-600-5522
Fax : 08457-622-644
Accessible formats of the consultation document will also be available in Braille, large print, audiocassette, a British Sign Language (BSL) tape, an Easy Read guide and in Welsh from TSO Customer Services. - The document can also be accessed on the internet at: http://www.dwp.gov.uk/consultations/consult/2004/ddb/private_clubs_premises.pdf (138KB)
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