MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

[Amendments marked * are new or have been altered]

Amendment
No.

(d)	if the mental impairment consists of or results from depression, it has lasted or is likely to last at least three months","

"7B   (1)

A person who has been certified by a consultant ophthalmologist as blind or partially sighted is to be deemed to have a disability and hence to be a disabled person.

(2)	A copy of a record of examination to certify a person as blind or partially sighted or a record of registration as such with a local authority shall be conclusive evidence, in relation to the person to whom it was issued, of the matters certified.

(3)	Unless the contrary is shown, any document purporting to be a record of examination or registration shall be taken to be such a record and to have been validly issued.""

"6A   (1)

An impairment which would be likely to have a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities, but for the fact that the person concerned has unreasonably modified his behaviour to prevent or reduce the effects of the impairment to a minor level, is to be treated as having that effect.

(2)

The person concerned shall be taken to have unreasonably modified his behaviour if he has developed coping or avoidance strategies which significantly restrict his range of activities or ability to undertake them, even if the person accepts that level of restriction and therefore underplays the effects of his impairment.""

"9A   Discrimination against voluntary workers

(1)	The Secretary of State may by order provide that the provisions of this Part apply to work sought or carried out by a disabled person on an unpaid, voluntary basis as if he was an employee or an applicant for the employment concerned with such modifications as are specified in the order.

(2)	Before making any order under subsection (1), the Secretary of State shall conduct a review.

(3)	Unless he has already begun or completed a review under subsection (2), the Secretary of State shall begin to conduct a review immediately after the first anniversary and if no order is subsequently made under subsection (1) he shall conduct a further review after the third anniversary.

(4)	Any review shall be completed within nine months.

(5)	In conducting any review, the Secretary of State shall consult—

(a)	such organisations representing the interests of disabled persons in voluntary work or seeking voluntary work as he considers appropriate; and

(b)	such organisations representing the interests of employers as he considers appropriate.

(6)	If, on completing a review, the Secretary of State decides not to make an order, he shall no later than one year after the commencement of the review lay before Parliament a report—

(a)	summarising the results of the review; and

(b)	giving the reasons for his decision.

(7)	Any report made by the Secretary of State under subsection (6) shall include a summary of the views expressed to him in his consultations.

(8)	In this section—

"anniversary" means the anniversary of the coming into force of this section; and

"review" means an assessment of the effects of extending the scope of Part 2 to disabled persons who seek or undertake unpaid voluntary work and what modifications to the provisions of Part 2 may be required in respect of voluntary workers.""

"15A   Discrimination by qualifying bodies

(1)	It is unlawful for an authority or body which can confer an authorisation or qualification which is needed for, or facilitates, engagement in a particular profession or trade (a "qualifying body") to discriminate against a disabled person—

(a)	in the terms on which it is prepared to confer on him that authorisation or qualification;

(b)	by refusing, or deliberately omitting to grant, his application for it;

(c)	by withdrawing it from him or varying the terms on which he holds it;

(d)	in the way it affords him access to any relevant services or facilities provided in connection with the conferment of an authorisation or qualification or by refusing or deliberately omitting to afford him access to them; or

(e)	by subjecting him to any other detriment.

(2)	In this section—

(a)	"authorisation or qualification" includes recognition, registration, enrolment, approval and certification;

(b)	"confer" includes renew or extend;

(c)	"relevant services or facilities" includes the means of course delivery and assessment.

(3)	In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

(4)	Sections 15A to 15C do not apply to the extent that a qualifying body is already subject to any provision in sections 28R to 28T."

"15B   Meaning of "discrimination" in relation to qualifying bodies

(1)	For the purposes of section 15A, a qualifying body discriminates against a disabled person if—

(a)	for a reason which relates to his disability, it treats him less favourably than it treats, or would treat, others to whom that reason does not, or would not, apply; and

(b)	it cannot show that the treatment in question is justified.

(2)	For the purposes of section 15A, a qualifying body also discriminates against a disabled person if—

(a)	it fails, to his detriment, to comply with section 15C; and

(b)	it cannot show that its failure to comply is justified.

(3)	The taking of a particular step by a qualifying body in relation to a person does not amount to less favourable treatment if it shows that at the time in question it did not know, and could not reasonably have been expected to know, that he was disabled.

(4)	Subsections (5) to (7) apply in determining whether, for the purposes of this section—

(a)	less favourable treatment of a person, or

(b)	failure to comply with section 15C,

is justified.

(5)	Less favourable treatment of a person is justified if it is necessary in order to maintain necessary and appropriate professional or trade standards.

(6)	Otherwise less favourable treatment, or a failure to comply with section 15C, is justified only if the reason for it is both material to the circumstances of the particular case and substantial.

(7)	If, in a case falling within subsection (1)—

(a)	the responsible body is under a duty imposed by section 15C in relation to the disabled person, but

(b)	fails without justification to comply with that duty,

its treatment of that person cannot be justified under subsection (6) unless that treatment would have been justified even if it had complied with that duty."

"15C   Duty of qualifying body to make adjustments

(1)	A qualifying body must take such steps as it is reasonable for it to have to take to ensure that—

(a)	in relation to the terms on which it is prepared to confer authorisation or qualification, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b)	in relation to any relevant services and facilities provided in connection with the conferment of an authorisation or qualification, disabled persons are not placed at a substantial disadvantage in comparison with persons who are not disabled.

(2)	In considering whether it is reasonable for it to have to take a particular step in order to comply with its duty under subsection (1), a qualifying or awarding body must have regard to any relevant provisions of a code of practice issued under section 53.

(3)	This section imposes duties only for the purpose of determining whether a qualifying body has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.""

THE BARONESS DARCY DE KNAYTH THE BARONESS WILKINS THE LORD SWINFEN THE LORD ADDINGTON

9	Insert the following new Clause—

"Extension of provisions to employers providing vocational training

(1)	In the 1995 Act, after section 15, insert—

"15D	Discrimination by employers in the provision of vocational training

(1)	It is unlawful for an employer who provides vocational training services or facilities to discriminate against a disabled person seeking or undergoing such training—

(a)	in the terms on which he affords him access to those services or facilities;

(b)	in the manner in which he affords him access to those services or facilities;

(c)	by refusing or deliberately omitting to afford him such access; or

(d)	by terminating his training or subjecting him to any other detriment.

(2)	In this section "vocational training" means any work-related education or training including work-experience placements and work-based learning programmes for disabled persons in secondary, further or higher education by whomsoever arranged.

(3)	In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled."

(2)	In the 1995 Act, after section 15, insert—

"15E	Meaning of discrimination in section 15D

(1)	For the purposes of section 15D, an employer discriminates against a disabled person if—

(a)	for a reason which relates to the employee's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and

(b)	he cannot show that the treatment in question is justified.

(2)	For the purposes of section 15D, an employer also discriminates against a disabled person if—

(a)	he fails, to the employee's detriment, to comply with section 15F; and

(b)	he cannot show that his failure to comply is justified.

(3)	The taking of a particular step by an employer in relation to a person does not amount to less favourable treatment if he shows that at the time in question he did not know, and could not reasonably have been expected to know, that the employee was disabled.

(4)	Less favourable treatment, or a failure to comply with section 15F, is justified only if the reason for it is both material to the circumstances of the particular case and substantial.

(5)	If, in a case falling within subsection (1)—

(a)	an employer is under a duty imposed by section 15F in relation to the disabled person, but

(b)	fails without justification to comply with that duty,

his treatment of that person cannot be justified under subsection (4) unless that treatment would have been justified even if he had complied with that duty."

(3)	In the 1995 Act, after section 15, insert—

"15F	Duty to make adjustments

(1)

Where—

(a)	any arrangements made by or on behalf of an employer, or

(b)	any physical feature of premises occupied by the employer,

place the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the employer to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the arrangements or feature having that effect.

(2)	Subsection (1)(a) applies to—

(a)	arrangements for determining to whom work-related education or training should be offered, and

(b)	any term, condition or arrangements on which work-related education or training services are offered or afforded.

(3)	In considering whether it is reasonable for him to have to take a particular step in order to comply with his duty under subsection (1), an employer must have regard to any relevant provisions of a code of practice issued under section 53A.

(4)	In this section "the disabled person concerned" means—

(a)	in the case of arrangements for determining to whom work-related education and training should be offered, any disabled person who is, or has notified the employer that he may be, seeking such education and training; and

(b)	in any other case, a disabled person who is undergoing such education and training.

(5)	This section imposes duties only for the purpose of determining whether an employer has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.""