Disability Discrimination Act 2005 received Royal Assent on 7th April 2005.



NOTES

  • The Disability Discrimination Act 2005 received Royal Assent on 7th April 2005
  • The Disability Discrimination Act 2005 (Commencement No. 1) Order 2005 SI 2005/1676 brought many sections into force on 30th June 2005 for the limited purpose "of exercising any power to make regulations, orders or rules of court".
  • Most employment related parts of the Act are in force from 5th December 2005 and most of the rest of the Act came into force on 4th December 2006 (see Disability Discrimination Act 2005 (Commencement No. 2) Order 2005, SI 2005/2774 and Hansard HC 21st July 2005 col 169WS, implementation timetable re Disability Discrimination Act 2005 )
  • The Disability Discrimination Act 2005 (Commencement No 3) Order 2007, SI 2007/1555 brings


    BASIC POSITION

    What is now the Disability Discrimination Act 2005 was announced in the Queen's Speech at the opening of Parliament on 23rd November 2004 (see Bills before Parliament/Archive (2002 onwards)/2004 Queen's Speech ).

    In general the Act is not concerned with employees or workers as such - they are already protected by the Disability Discrimination Act 1995. Rather it is designed to implement mainly non-employment related proposals outlined in the 2001 Towards Inclusion consultation document, such as changes affecting public sector responsibilities to the general public, transport, renting of premises and a provision for membership of larger private clubs - 25 or more members - to be covered by the DDA 1995.

    However the Act does include some important changes relevant to the employment field such as a change to the rules about discriminatory job advertisements (see notes at Disability Discrimination/advertisements ) and a widening of the definition of disability to benefit those with HIV Aids, cancer or multiple sclerosis (MS) - see notes at Disability Discrimination/meaning of disability . Importantly, the Act provides for people with mental illnesses to be protected in the same way as anyone else by removing the requirement that their condition be clinically well-recognised.

    The Act is quite separate from the Disability Discrimination Act 1995 (Amendment) Regulations 2003 SI 2003/1673 which came into force on 1st October 2004 and are very much concerned with the rights of employees and workers (see notes at Disability Discrimination/2003 Amendment Regulations ).

    See also notes at Disability Discrimination/2003 changes - background notes and/or Disability Discrimination/Disability Discrimination Act 1995/meaning of disability .


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    updated March2007




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