Legislation

Disability Descrimination Act 1995 - Part 3

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LEGISLATION AND THE TRADER

 

We continue with the workings of the Disability Discrimination Act 1995 from Part 2 which effects both consumers or ‘service users’  traders and businesses or ‘service providers’.

The 1995 Act believe or not, does have some exclusions in it, so it is down to the ‘service provider’ to see if his or her business or organisation is excluded from the duties contained within the ‘Act‘.   The number of such businesses and organisations that provide goods, services, facilities and premises to the ‘public’ includes private companies, public sector organisations, voluntary and community organisations and organisations that provide free services.  Only an example of the various categories of organisations may be shown here and they include, shops, hospitals, solicitors, leisure centres, sports grounds, car parks, meals on wheels, landlords, churches, etc. etc.  A full list may be found on one of the websites that will appear at the end of this article along with full details of the whole of the Disability Discrimination Act 1995.

As has been previously stated, there are some exemptions and exclusions from the duties set out in Part 3 of the ’Act’.  For example, access to serving on a jury is seen as a civic duty and not a ’service’ to the potential juror even though many courts are still totally un-accessible to wheelchair users.   ‘Activities’ or ’services’ that are not normally provided to the general public such as ‘private clubs’ that do not provide goods, services, facilities or premises are not included within the provisions of the 1995 Act but if the ‘private club’ makes its services available to the general public for a specific occasion such as a wedding or other event then the ‘Act’ will apply.  There have been some recent changes to ‘private clubs’ concerning the number of employees being currently 15 or less.

The DDA has a limited coverage of transport under Part [V] of the Act however there are three main areas covered by Part [V]:

• licensed taxis
• buses and coaches [public service vehicles]
• trains [including trams and underground trains

The DDA does not provide a right of access to public service vehicles for disabled people.  Instead it gives power to the Secretary of State for Transport and the Department of the Environment for Northern Ireland to make ‘accessibility regulations’ for each type of vehicle.  There are currently various times being banded about when all forms of transport must be fully assessable to all disabled people.  It is somewhat confusing when say, trains and taxis must fully comply, so perhaps when a firm date is available we will be able to bring it to you but these dates are not far off.

For those among you operating transport vehicles, the good news for the time being, but for not to much longer, is that buses, trains services, coaches and taxis are specifically excluded from the duties of access to disabled people in Part 3 of the ‘Act’ but please note transport infrastructure like railways and bus stations and airports are included.   A anomalies of this part of the DDA reveal that staff at railway station ticket offices must comply with Part 3 whereas staff employed on a train probably do and the trains themselves will all shortly have to comply with the DDA.

All ‘new’ trains, PSV’s and newly licensed taxis will comply to specific construction accessibility regulations brought into being by the above Government departments to ensure that they are accessible to disabled people generally and including those who need to use a wheelchair to travel.  The regulations will ensure that disabled people can travel safely and reasonable comfort, including facilities for people with impaired vision, mobility, impairments, etc.

People who provide ‘premises’ are covered by the Act.  A ‘service provider’ may be ‘a person with power to dispose of any premises’ or ’a person managing any premises’.  This includes for instance estate agents, local authority housing, private landlords, housekeepers, tenants who sub-let, etc.  ‘Premises’ include shops. offices, houses, studios, industrial estates, agricultural land, etc. Hotels count as ‘services’ - not ‘premises’.  The disposal of ‘premises’ includes selling, letting, etc.

Again, some exemptions exist.  A person that takes up to 6 lodgers into a home are exempt as is a conversion of a home into no more than 2 separate bed-sits is also exempt.  One proviso is that the land lord or near relative must reside in the home. 

The private sale of a house is exempt if the owner-occupier does not use an estate agent or advertise the property in anyway.  Even the placing of a ’For Sale’ board is included as advertising the property and therefore deletes the exemption from the provisions of the ‘Act’.

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