Article 2

SCHEDULE 1 THE DISABILITY DISCRIMINATION ACT 1995, section 56(2)(a)

Article 2

SCHEDULE 2 THE DISABILITY DISCRIMINATION ACT 1995, section 56(2)(b)

EXPLANATORY NOTE

(This note is not part of the Order)

Following the substitution of section 56 of the Disability Discrimination Act 1995 (“the Act”) by Article 17 of the Disability Discrimination (Northern Ireland) Order 2006, this Order prescribes forms for questions and replies for cases falling within Part III of the Act (discrimination in areas other than employment and education), other than those falling within section 21A (employment services) and sections 19 to 21 in so far as sections 19 to 21 relate to group insurance arrangements. The section 21A and sections 19 to 21 cases come under the jurisdiction of industrial tribunals by virtue of section 25(6A), (7) and (8) of the Act, whereas the other Part III cases (the cases to which this Order applies) come within the jurisdiction of a county court.

Article 2 of the Order prescribes forms which may be used for the purposes mentioned in the new section 56 of the Act. The form set out in Schedule 1 is for use where the person aggrieved considers that he may have been discriminated against in contravention of Part III of the Act, other than section 21A or sections 19 to 21 of the Act in so far as sections 19 to 21 relate to a group insurance arrangement. This form set out in Schedule 2 is for use by the respondent when replying.

Article 3 provides for periods within which a question must be served on the respondent if, for the purposes of section 56(3) of the Act, it is to be admissible as evidence in proceedings before a court.

Article 4 provides for the manner of service of questions and replies.

Article 5 amends the Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2004 (“the 2004 Order”) to provide explicitly for that Order to apply only for cases falling within Part II of the Act and, in relation to Part III of the Act, to cases falling within section 21A which relates to employment services and sections 19 to 21 in so far as sections 19 to 21 relate to group insurance arrangements. Article 5 also makes minor drafting changes to the 2004 Order and its Schedules to take account of the changes in terminology introduced by the new section 56 of the Act. In addition, Article 5 updates the 2004 Order to take account of the extension to the 3-month time limit for bringing proceedings before an industrial tribunal by regulation 15 of the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004.

The regulatory impact assessment of this Order was assessed as part of the regulatory impact assessment in relation to the Disability Discrimination (Northern Ireland) Order 2006. A copy may be obtained from: Equality, Rights and Social Need Division, Office of the First Minister and deputy First Minister, Room E3.19, Castle Buildings, Stormont, Belfast, BT4 3SR. A copy of the assessment for the Disability Discrimination (Northern Ireland) Order 2006 has been placed in the library of the Northern Ireland Assembly.