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Recent Legislation
The Disability Discrimination (Guidance on the Definition of Disability)
Appointed Day Order 2006
- This Order appoints 1st May 2006 as the day for the coming into force of
the Guidance on matters to be taken into account in determining questions
relating to the definition of disability issued by the Secretary of State on
29th March 2006.
The Guidance provides practical guidance on matters to be taken into account
when considering whether a person is a disabled person for the purposes of the
1995 Act and replaces an earlier version which was issued by the Secretary of
State for Education and Employment on 25th July 1996. The Guidance reflects
changes made by the Disability Discrimination Act 2005 to the provisions of
the 1995 Act governing who is a disabled person for the purposes of the 1995
Act. These changes came into force on 5th December 2005.
This Order makes transitional provision in relation to proceedings under the
1995 Act arising from a complaint presented to an adjudicating body concerning
an alleged act of discrimination contrary to the 1995 Act committed before 1st
May 2006 which have not been determined by that date. The Guidance is not to
have effect for the purposes of section 3(3) of the 1995 Act in relation to
such proceedings. The Guidance is to continue to have effect in relation to
such proceedings. Section 3(3) of the 1995 Act requires an adjudicating body
to take into account any guidance which appears to it to be relevant.
The 1996 Guidance has been revoked by the Disability Discrimination
(Guidance on the Definition of Disability) Revocation Order 2006.
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