The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2004

Made: 18th November 2004

Coming into operation: 27th December 2004

The Office of the First Minister and deputy First Minister, in exercise of the powers conferred upon it by section 56(2) and (4) and section 67(3) of the Disability Discrimination Act 1995[^f00001] and now vested in it[^f00002] hereby makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2004 and shall come into operation on 27th December 2004.

• (2) In this Order –

• “the Act” means the Disability Discrimination Act 1995;

• “tribunal” means an industrial tribunal.

• (3) The Interpretation Act (Northern Ireland) 1954[^f00003] shall apply to these Regulations as it applies to an Act of the Assembly.

Revocation

2

The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 1996[^f00004] is hereby revoked.

Forms for questions and replies

3

The forms set out in Schedules 1 and 2 are hereby prescribed for the purposes of section 56 of the Act (for cases falling within Part II of the Act (the employment field and members of district councils) and, in relation to Part III of the Act (discrimination in other areas), for cases falling within section 21A (employment services) and sections 19 to 21 of the Act (discrimination in relation to services and duty to make adjustments) in so far as sections 19 to 21 relate to a group insurance arrangement) as forms –

• (a) by which a person aggrieved may question a respondent on his reasons for doing any relevant act, or any other matter which is or may be relevant; and

• (b) by which the respondent may if he wishes reply to any questions.

Period for service of questions

4

In proceedings before a tribunal, a question shall only be admissible as evidence in pursuance of section 56(3) of the Act –

• (a) where it was served before a complaint had been presented to a tribunal, if it was so served—

• (i) within the period of three months beginning when the act complained of was done; or

• (ii) where the period under paragraph 3 of Schedule 3 to the Act within which proceedings must be brought is extended by regulation 15 of the Employment (Northern Ireland) Order 2003 (Dispute Resolution) Regulations (Northern Ireland) 2004, within that extended period; or

• (b) where it was served after a complaint had been presented to a tribunal –

• (i) if it was served within the period of twenty-eight days beginning with the day on which the complaint was presented, or

• (ii) if it was served with the leave of a tribunal, within the period specified by that tribunal.

Manner of service of questions and replies

5

A question, or as the case may be, a reply may be duly served –

• (a) where the person to be served is the respondent, by delivering the question to him, or by sending it by post to him at his usual or last known residence or place of business; or

• (b) where the person to be served is the person aggrieved , by delivering the reply to him, or sending it by post to him at his address for reply as stated by him in the document containing the questions or, if no address is so stated, at his usual or last known residence; or

• (c) where the person to be served is a body corporate or is a trade union or employers' association within the meaning of the Industrial Relations (N.I.) Order 1992[^f00005], by delivering it to the secretary or clerk of the body, union, or association at its registered or principal office or by sending it by post to the secretary or clerk at that office; or

• (d) where the person to be served is acting by a solicitor, by delivering it at, or by sending it by post to, the solicitor’s address for service.

SCHEDULE 1 — THE DISABILITY DISCRIMINATION ACT 1995 s. 56(2)(a)

Questionnaire of complainant

SCHEDULE 2 — THE DISABILITY DISCRIMINATION ACT 1995 s. 56(2)(b)

Reply by the respondent

Signed

Sealed with the Official Seal of the Office of the First Minister and deputy First Minister on 18th November 2004.

Laurene McAlpine — A senior officer of the Office of the First Minister and deputy First Minister

Explanatory note

(This note is not part of the Order.)

This Order revokes and replaces the Disability Discrimination (Questions and Replies) Order (Northern Ireland) 1996 which prescribed the form of a questionnaire which could be used by a person (“the complainant”) who considered that he may have been discriminated against by another (“the respondent”) contrary to any provision of Part II of the Disability Discrimination Act 1995. The 1996 Order also prescribed a form for the respondent’s reply and laid down specified periods within which the questions had to be served by the complainant in order to be admissible in proceedings before an industrial tribunal.

This Order prescribes amended forms for questions and replies in consequence of the changes made to Part II and (in respect of employment services) Part III of the Disability Discrimination Act 1995 by the Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 in order to implement Council Directive 2000/78/EC (O.J. No. L303, 2.12.2000, p. 16) so far as it relates to disability discrimination. The relevant changes include:

• an amended definition of discrimination;

• a specific prohibition of harassment;

• extension of the scope of Part II of the Act to cover, for example, partnerships;

• the requirement that the respondent reply to the questions served by the complainant within 8 weeks, in the absence of a reasonable excuse.

Article 3 of this Order prescribes the forms which may be used for the purposes mentioned in section 56 of the Act, as amended. The form set out in Schedule 1 is for use where the complainant considers that he may have been discriminated against or subjected to harassment in contravention of the Act and wishes to question the respondent. The form set out in Schedule 2 is for use by the respondent when replying.

Article 4 relates to the period within which questions must be served on the respondent if they are to be admissible as evidence in proceedings before an industrial tribunal. Article 4(a) applies where a question is served before a complaint has been presented to an industrial tribunal. Article 4(b) applies where a question is served after a complaint has been presented to an industrial tribunal. It extends the period provided for in the 1996 Order from 21 to 28 days.

Article 5 relates to the manner of service of questions and replies.

No Regulatory Impact Assessment has been prepared in connection with this Order as it imposes negligible costs on business.

Footnotes

[^f00001]: 1995 c. 50; sections 56(2), 56(4) and 67(3) are modified in their application to Northern Ireland by paragraphs 38 and 46 of Schedule 8. With effect from 1st October 2004, section 56 is amended by regulation 22 of the Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 55)

[^f00002]: See also S.R. 1999 No. 481, Article 4(a) and Schedule 2, Part I for transfer of functions

[^f00003]: 1954 c. 33 (N.I.)

[^f00004]: S.R. 1996 No. 532

[^f00005]: S.I. 1992/807 (N.I. 5)

Editorial notes

[^key-6ad112cae7411c958bc48577336c3d2d]: Art. 2 in operation at 27.12.2004, see art. 1(1)

[^key-f6e2b1e4b7a8f8d27642caad4a28509d]: Art. 1 in operation at 27.12.2004, see art. 1(1)

[^key-be0dfc8ee997e58b5cef83d44f28a94a]: Art. 3 in operation at 27.12.2004, see art. 1(1)

[^key-118fe361744aae3f49499ed8a256b2a8]: Art. 4 in operation at 27.12.2004, see art. 1(1)

[^key-96a2e2a2f85b8d801c18df8812e8b532]: Art. 5 in operation at 27.12.2004, see art. 1(1)

[^key-d70db2e814723ff0750961e7847578e0]: Sch. 1 in operation at 27.12.2004, see art. 1(1)

[^key-e9f40cacc4ff0bd9fc3ee7f6c042605a]: Sch. 2 in operation at 27.12.2004, see art. 1(1)

[^key-62055c02c4c78d3a1ca516edd0ba689b]: Sch. 1, the words "person aggrieved" substituted for "complainant" (in each place) (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(5)(a)

[^key-9282adaf9a33cca2b1f445db2d3658cf]: Sch. 1(1) substituted (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(5)(c)(i)

[^key-b8ca389c66c581e39552a5e1c356d8f9]: Words in Sch. 1(2) substituted for (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(5)(c)(ii)

[^key-f9767b1ce5ec11e73cf3fba22f5021c4]: Sch. 2, the words "(name of person aggrieved)" substituted for "(name of complainant)" (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(6)(a)

[^key-ce4f8b96b45509a3f6467681bcbc5b7a]: Words in Sch. 1 para. 1 substituted (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(5)(b)(i)

[^key-2b8e927cb10dffad62c8081629f06f73]: Sch. 1 para. 1(a)(i) , the words “(not applicable in a group insurance case)” inserted (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(5)(b)(ii)

[^key-283a61a1a9986e65b570c06fa73b183c]: Sch. 1 para. 1(a)(i), the words “(not applicable in a group insurance case)” inserted (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(5)(b)(iii)

[^key-32a1a7b8a87b41dcde2eebd5db9cb811]: Words in art. 3 inserted (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(2)(a)

[^key-c0a6a182606d1ccafb9d732433f9865e]: Words in art. 3(a) substituted (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(2)(b)

[^key-abdb621aa1cde02ff615cb75c8b45b61]: Art. 4(a) substituted (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(3)

[^key-8bc22cfe6cb146525f94ee12a459d42b]: Words in art. 5(b) substituted (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(4)

[^key-cdbc4a9848b31a483d7f8907efb881f5]: Words in Sch. 2 para. 3 substituted (31.12.2007) by The Disability Discrimination (Questions and Replies) Order (Northern Ireland) 2007 (S.R. 2007/470), arts. 1(1), 5(6)(b)