Summary of the 2005 DDA

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Section 1 Bring councillors, and members of the Greater London Authority, within the scope of the DDA. December 2005

Section 2 Ensure that, with some exceptions, functions of public authorities not already covered by the DDA are brought within its scope (so that it would be unlawful for a public authority, without justification, to discriminate against a disabled person when exercising its functions). The DDA will cover most functions of public authorities, resolving the lack of clarity over disabled prisoners, elections, planning and access to pavements and highways. December 2006.

Section 3 Introduce a new duty on public authorities, requiring them, when exercising their functions, to have due regard to the need to eliminate unlawful discrimination against and harassment of disabled persons, and to promote equality of opportunity between disabled persons and other persons. Tackle institutional discrimination through a duty to promote disability equality for the public sector (paralleling the race equality duty). December 2006.

Section 4 Amend section 64A of the DDA so as to clarify who the correct defendant is in the case of a claim of discrimination being made against a police officer under Part 3 of the DDA and authorise payment of compensation from the police fund in relation to such a claim

Section 5 Provide that the current exemption from sections 19 to 21 of the DDA (which deal with the provision of goods, facilities and services to the public) for transport services extends only to transport vehicles themselves, and create a power to enable that exemption to be lifted for different vehicles at different times.

Section 6 Amend the definition of ‘rail vehicle’ in Part 5 of the DDA to enable rail vehicle accessibility regulations to be applied to all rail vehicles, enable the regulations to be applied to the refurbishment of all rail vehicles, clarify and extend the current power to grant exemptions from the requirements, and simplify the exemption process. Create new rights to use public transport and set an end date for all rail vehicles to be accessible. June 2006. End date 2020.

Section 7 Introduce new provisions requiring rail vehicle accessibility compliance certificates to be obtained for prescribed rail vehicles.

Section 8 Replace the existing criminal offence for use of a rail vehicle which does not conform with rail vehicle accessibility regulations with a civil enforcement system, and set out the procedure for imposing civil penalties, including a right of appeal to a court

Section 9 Amend the Chronically Sick and Disabled Persons Act 1970 so as to provide for the recognition in England and Wales of disabled persons’ parking badges issued outside Great Britain. December 2005. Section MEASURE Public Authorities Disability Discrimination Act 2005 DISABILITY DISCRIMINATION ACT 2005

Section 10 Amend the DDA’s new provision on discriminatory advertisements (section 16B, as inserted by the Amendment Regulations) so as to impose liability on a third party who publishes a discriminatory advertisement (for example, a newspaper) as well as the person placing the advertisement. December 2005.

Section 11 Amend the DDA in respect of group insurance arrangements. December 2005.

Section 12 Bring within the scope of Part 3 of the DDA private clubs with 25 or more members. This gives disabled persons (including guests) new rights at these clubs. December 2005. (Adjustments December 2006).

Section 13 Impose a duty to provide reasonable adjustments on landlords and others who manage rented premises. This will give disabled tenants and leaseholders a right to reasonable adjustments and auxiliary aids and services. December 2006

Section 14 Confer a power to modify or end the current small dwellings exemption in section 23 and new sections 24B and 24H (as inserted by Section 13 of the Bill) of the DDA. December 2006.

Section 15 Make it unlawful for general qualifications bodies to discriminate against disabled persons in relation to the award of prescribed qualifications, such as GCSEs and A Levels. December 2005?

Section 16 Extend section 56 of the DDA so as to provide a procedure for questions and replies, not only for claims under Part 2 of the DDA but also for claims under Part 3 of the DDA. December 2005.

Section 17 Amend the definition of disability in respect of people with mental illnesses; deem people with HIV infection, multiple sclerosis and some cancers to be disabled for the purposes of the DDA; and clarify that there is no implied limitation to the scope of the regulation-making power which enables people to be deemed disabled. This will make it easier for mental health service users, people with cancer, HIV and multiple sclerosis to claim their rights under the DDA. Remove ‘clinically well recognised’ from definition. December 2005.

Section 1	Bring councillors, and members of the Greater London Authority, within the scope of the DDA. December 2005
Section 2	Ensure that, with some exceptions, functions of public authorities not already covered by the DDA are brought within its scope (so that it would be unlawful for a public authority, without justification, to discriminate against a disabled person when exercising its functions). The DDA will cover most functions of public authorities, resolving the lack of clarity over disabled prisoners, elections, planning and access to pavements and highways. December 2006.
Section 3	Introduce a new duty on public authorities, requiring them, when exercising their functions, to have due regard to the need to eliminate unlawful discrimination against and harassment of disabled persons, and to promote equality of opportunity between disabled persons and other persons. Tackle institutional discrimination through a duty to promote disability equality for the public sector (paralleling the race equality duty). December 2006.
Section 4	Amend section 64A of the DDA so as to clarify who the correct defendant is in the case of a claim of discrimination being made against a police officer under Part 3 of the DDA and authorise payment of compensation from the police fund in relation to such a claim
Section 5	Provide that the current exemption from sections 19 to 21 of the DDA (which deal with the provision of goods, facilities and services to the public) for transport services extends only to transport vehicles themselves, and create a power to enable that exemption to be lifted for different vehicles at different times.
Section 6	Amend the definition of ‘rail vehicle’ in Part 5 of the DDA to enable rail vehicle accessibility regulations to be applied to all rail vehicles, enable the regulations to be applied to the refurbishment of all rail vehicles, clarify and extend the current power to grant exemptions from the requirements, and simplify the exemption process. Create new rights to use public transport and set an end date for all rail vehicles to be accessible. June 2006. End date 2020.
Section 7	Introduce new provisions requiring rail vehicle accessibility compliance certificates to be obtained for prescribed rail vehicles.
Section 8	Replace the existing criminal offence for use of a rail vehicle which does not conform with rail vehicle accessibility regulations with a civil enforcement system, and set out the procedure for imposing civil penalties, including a right of appeal to a court
Section 9	Amend the Chronically Sick and Disabled Persons Act 1970 so as to provide for the recognition in England and Wales of disabled persons’ parking badges issued outside Great Britain. December 2005. Section MEASURE Public Authorities Disability Discrimination Act 2005 DISABILITY DISCRIMINATION ACT 2005
Section 10	Amend the DDA’s new provision on discriminatory advertisements (section 16B, as inserted by the Amendment Regulations) so as to impose liability on a third party who publishes a discriminatory advertisement (for example, a newspaper) as well as the person placing the advertisement. December 2005.
Section 11	Amend the DDA in respect of group insurance arrangements. December 2005.
Section 12	Bring within the scope of Part 3 of the DDA private clubs with 25 or more members. This gives disabled persons (including guests) new rights at these clubs. December 2005. (Adjustments December 2006).
Section 13	Impose a duty to provide reasonable adjustments on landlords and others who manage rented premises. This will give disabled tenants and leaseholders a right to reasonable adjustments and auxiliary aids and services. December 2006
Section 14	Confer a power to modify or end the current small dwellings exemption in section 23 and new sections 24B and 24H (as inserted by Section 13 of the Bill) of the DDA. December 2006.
Section 15	Make it unlawful for general qualifications bodies to discriminate against disabled persons in relation to the award of prescribed qualifications, such as GCSEs and A Levels. December 2005?
Section 16	Extend section 56 of the DDA so as to provide a procedure for questions and replies, not only for claims under Part 2 of the DDA but also for claims under Part 3 of the DDA. December 2005.
Section 17	Amend the definition of disability in respect of people with mental illnesses; deem people with HIV infection, multiple sclerosis and some cancers to be disabled for the purposes of the DDA; and clarify that there is no implied limitation to the scope of the regulation-making power which enables people to be deemed disabled. This will make it easier for mental health service users, people with cancer, HIV and multiple sclerosis to claim their rights under the DDA. Remove ‘clinically well recognised’ from definition. December 2005.