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Amend the Disability Discrimination Act 1995 and the Disability Rights Commission Act 1999.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Persons deemed to be disabled
In Schedule 1 of the Disability Discrimination Act 1995 (c. 50) (“the 1995 Act”) after paragraph 7 insert—
"7A
| (1) | A person in whom there is the presence of human immuno-deficiency virus (referred to hereinafter as HIV) shall be deemed to have a disability and hence to be a disabled person from the point of diagnosis of HIV.
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| (2) | A person with cancer which is likely to require substantial treatment shall be deemed to have a disability and hence to be a disabled person from the point at which the cancer is diagnosed as being likely to require substantial treatment."
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2 Discrimination by associations not within section 13 of the 1995 Act
| (1) | The 1995 Act is amended as follows.
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| (2) | In section 19(5), after “this section and sections”, insert “19A”.
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| (3) | After section 19, insert the following section—
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| (4) | In sections 20 and 21 of the 1995 Act, after “provider of services” (in each place where it occurs), insert “or association”.
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| (5) | In section 20 of the 1995 Act—
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| (a) | in subsections (1) and (2), for “section 19”, substitute “sections 19 and 19A”;
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| (b) | in paragraph (c) of subsection (4)—
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| (i) | for “section 19(1)(a)”, substitute “section 19(1)(a) or 19A(3)(a), (b) or (c)”; and
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| (ii) | at the end insert “or to other members or associates of the association”;
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| (c) | in paragraph (d) of subsection (4)—
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| (i) | after “section 19(1)(c) or (d),”, insert “or section 19A(3)(a), (b) or (c),”; and
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| (ii) | at the end insert “or to other members or associates of the association”;
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| (d) | in paragraph (e) of subsection (4)—
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| (i) | for “section 19(1)(d)”, substitute “section 19(1)(d) or 19A(3)(a), (b) or (c)”; and
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| (ii) | after “other members of the public”, insert “or to other members or associates of the association”.
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| (6) | In section 21 of the 1995 Act—
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| (a) | in subsection (1), after “to other members of the public”, insert “or to other members or associates of the association (as the case may be),”;
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| (b) | in subsection (2), after “provider of that service”, insert “or the association in question”;
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| (c) | in paragraph (b) of subsection (3), after “providers of services”, insert “or associations”;
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| (d) | in paragraph (a) of subsection (4), after “to members of the public”, insert “or to other members or associates of the association”;
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| (e) | in the full-out to subsection (4), after “provider of that service”, insert “or the association in question”;
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| (f) | in subsection (6), at the end insert “or (as the case may be) would fundamentally alter the nature of the association”; and
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| (g) | after subsection (10), insert—
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| "(11) | Nothing in this section requires an association to take any steps in relation to a disabled person unless that person is a member or associate of the association at the time when the duty is alleged to have applied."
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| (7) | In section 68(1) of the 1995 Act, before ““benefits””, insert—
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“association”, in Part III, has the meaning given in section 19A;".
3 Power to take proceedings under the Human Rights Act
In the Disability Rights Commission Act 1999 (c. 17) after section 7(1)(a) insert—
| "(aa) | proceedings which an individual has brought or proposes to bring under section 7 of the Human Rights Act 1998 (c. 42);"
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4 Extension of the 1995 Act to police etc.
| (1) | Section 64 of the 1995 Act is amended as follows.
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| (2) | Subsections (5) to (8) are omitted.
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| (3) | After subsection (8), insert—
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| "(8A) | For the purposes of this Part, the holding of the office of constable shall be treated as employment—
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| (a) | by the chief officer of police as respects any act done by him in relation to a constable or that office;
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| (b) | by the police authority as respects any act done by them in relation to a constable or that office.
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| (8B) | There shall be paid out of the police fund—
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| (a) | any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under this Act, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and
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| (b) | any sum required by a chief officer of police for the settlement of any claim made against him under this Act if the settlement is approved by the police authority.
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| (8C) | Any proceedings under this Act which, by virtue of this sub-section would lie against a chief officer of police shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of that office; and references in this section to the chief officer of police shall be construed accordingly.
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| (8D) | This section applies to a police cadet and appointment as a police cadet as it applies to a constable and the office of constable."
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“chief officer of police”—
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| (a) | in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act,
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| (b) | in relation to any other person or appointment, means the office who has the direction and control of the body of constables or cadets in question;
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“the Police Act” means, for England and Wales, the Police Act 1996 (c. 16), or, for Scotland, the Police (Scotland) Act 1967 (c. 77);
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| (a) | in relation to a person appointed or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act,
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| (b) | in relation to any other person or appointment, means the authority by whom the person in question is or on appointment would be paid;
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“police cadet” means any person appointed to undergo training with a view to becoming a constable;
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“police fund” in relation to a chief officer of police within paragraph (a) of the above definition of that term has the same meaning as in the Police Act, and in any other case means money provided by the police authority;
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“specified Act” means the Metropolitan Police Act 1829 (c. 44), the Metropolitan Police Act 1839 (c. 47) or the Police Act.
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5 Extension of provisions to small employers
In the 1995 Act, section 7 is omitted.
6 Power of tribunals to order reinstatement or make recommendations
| (1) | The 1995 Act is amended as follows.
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| (2) | At the end of section 8(2)(c) insert “and to promote the equalisation of opportunities for disabled people”.
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| (3) | After subsection (2)(c) insert—
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| "(d) | ordering reinstatement of the complainant by the respondent; and
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| (e) | ordering the re-engagement of the complainant by the respondent".
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| (4) | After section 8, insert the following section—
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7 Extension of the 1995 Act to transport
In section 19 of the 1995 Act, subsection (5)(b) is omitted.
8 Extension of the 1995 Act to certain public functions
After section 19 of 1995 Act, insert the following section—
"19B
Public functions
| (1) | It is unlawful for a public authority in carrying out any functions of the authority to do any act which constitutes discrimination.
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| (2) | In this section, “public authority”—
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| (a) | includes any person certain of whose functions are functions of a public nature; but
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| (b) | does not include any person mentioned in subsection (3).
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| (3) | The persons mentioned in this section are—
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| (a) | the Security Service;
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| (b) | the Secret Intelligence Service;
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| (c) | the Government Communications Headquarters;
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| (d) | any unit or part of a unit of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.
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| (4) | In relation to a particular act, a person is not a public authority by virtue only of subsection (2)(a) if the nature of the act is private.
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| (5) | Nothing in this section makes unlawful any act of discrimination which—
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| (a) | is made unlawful by virtue of any other provision of this Act; or
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| (b) | would be so made but for any provision made by or under this Act.
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| (6) | This section does not apply to—
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| (a) | any judicial act (whether done by a court, tribunal or other person); or
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| (b) | any act done on the instructions or on behalf of a person acting in a judicial capacity.
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| (7) | This section does not apply to any act of, or relating to, making, confirming or approving any enactment or Order in Council or any instrument made by a Minister of the Crown under an enactment.
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| (8) | This section does not apply to—
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| (a) | a decision not to institute criminal proceedings and, where such a decision has been made, any act done for the purpose of enabling the decision whether to institute criminal proceedings to be made;
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| (b) | where criminal proceedings are not continued as a result of a decision not to continue them, the decision and, where such a decision has been made;
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| (c) | any act done for the purpose of enabling the decision whether to continue the proceedings to be made; and
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| (d) | any act done for the purpose of securing that the proceedings are not continued."
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