Disability Discrimination Act 2005 (issued 7th April 2005)

An Act to amend the DDA 1995, and for connected purposes:

Public Authorities

a. Councillors are brought within the scope of the DDA.

b. Functions of public authorities not already covered by the DDA are brought within the scope, so that it is unlawful for a public authority, without justification, to discriminate against a disabled person, when exercising its functions.

c. New duty on public authorities requiring them to eliminate harassment and unlawful discrimination against disabled people; to promote positive attitudes towards disabled people; to encourage participation by disabled people in public lift; and to promote equality of opportunity.

The duties

require public authorities to anticipate the requirements of disabled people, and the adjustments that may need to be made to them. It would appear to remove the possibility of the requirements of the DDA to be complaint-led, and imposes a positive duty on a public authority to make reasonable adjustments. The public authority must make reasonable adjustments (to procedures, alterations to physical features of buildings or the provision of an auxiliary service).

It may mean a public authority exercising a function in a different way where it would be reasonable to do so (presumably all other reasonable avenues explored to remove, amend or avoid the barrier) - such as visiting a person at home.

Transport

This section removes previous exclusion of transport services from DDA 1995 Section 21, which places a duty on a service provider to remove discrimination.

However, this allows for such services to be brought under regulation progressively, as it also specifies that it will not be reasonable for a service provider to alter or remove a physical feature of a transport vehicle.

It enables accessibility regulations to be introduced so that all rail vehicles are regulated no later than 2020.

Recognition of Disabled Persons Badges

This includes recognition of the "blue badge" so that those issued in foreign countries will have same recognition and benefits as those UK issued.

Discriminatory Advertisements

It is now unlawful for employers and others to publish a discriminatory advert inviting applications for a job, training or other benefit. This will also include the publisher, such as a newspaper.

Group Insurance

It is unlawful to discrimination against a disabled person who is included in an employers' group insurance scheme.

Private Clubs

This was a definite "grey area" in exemption from the provisions of Part 3 DDA 1995. This now includes private members clubs or associations with 25 or more members, imposing duties under Part 2 as employers, and Part 2 service providers.

Those now included under the duties such as Golf Clubs, to which applicants for membership are required to make a personal application, be sponsored by other members, and undergo some form of selection process, such as voting by existing members.

Any lingering doubt that such as Social Clubs or Leisure clubs may have been exempt, is now clearly removed.

Letting of Premises

There is already some protection against discriminate towards a disabled person as a potential tenant.

The new Act makes it unlawful for landlords and managers to discrimination against a present or potential disabled tenant by failing, without justification, to comply with a duty to provide a reasonable adjustment for the disabled person.

A landlord may be obliged, for instance, to allow access by a wheelchair user through an accessible alternative entrance not used by other tenants.

Reasonable steps must be taken to provide an auxiliary aid or service to allow a tenant who is disabled to have enjoyment of the premises.

This does not require the marking of any physical alterations to the premises by the landlord. However, a landlord must not unreasonably withhold consent to reasonable alterations needed by reason of the disabled occupier's disability.

The new provisions also introduce procedural provision with regard to consent to improvements to let dwellinghouses.

Meaning of Disability

Extends "disability" to include a person with a progressive condition such as HIV, multiple sclerosis or cancer, where the impairment has an effect on the ability to carry out normal day-to-day activities.