Statutory Instruments
2004 No. 2302
DISABLED PERSONS
The Disability Discrimination Codes of Practice (Employment and Occupation, and Trade Organisations and Qualifications Bodies) Appointed Day Order 2004
Made
2nd September 2004
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 53A(6)(a) and 67(2) and (3)(a) of the Disability Discrimination Act 1995( 1 ), and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation and interpretation
1. —(1) This Order may be cited as the Disability Discrimination Codes of Practice (Employment and Occupation, and Trade Organisations and Qualifications Bodies) Appointed Day Order 2004.
(2) In this Order, “the 1995 Act” means the Disability Discrimination Act 1995.
Appointed Day
2. —(1) 1 st October 2004 is the day appointed for the coming into effect of the following Codes of Practice (which were issued by the Disability Rights Commission on 30 th July 2004 under section 53A of the 1995 Act, having been laid in draft before Parliament on 20 th May 2004)—
(a) the Disability Discrimination Act 1995 Code of Practice on Employment and Occupation (ISBN No. 0-11-703419-3); and
(b) the Disability Discrimination Act 1995 Code of Practice for Trade Organisations and Qualifications Bodies (ISBN No. 0-11-703418-5).
(2) Paragraph (1) has effect subject to the provisions of article 3.
Transitional provision
3. —(1) This article applies where a court or tribunal is hearing any proceedings arising from a complaint (whenever presented) alleging that a person has, before 1 st October 2004, committed an act which is unlawful discrimination for the purposes of any provision of Part 2 of the 1995 Act.
(2) Where this article applies, a Code of Practice referred to in article 2(1)(a) or (b) of this Order shall not have effect for the purposes of section 53A(8A) of the 1995 Act save to the extent referred to in paragraph (3).
(3) Where the proceedings arise from a complaint presented to a tribunal before, but not determined by, 1 st October 2004, a Code referred to in that article shall have effect for those purposes to the extent that the Code deals with section 17A(1C) of the 1995 Act( 2 ).
Andrew Smith
Secretary of State,
Department for Work and Pensions
2nd September 2004
1995 c. 50 . Section 53A was inserted by section 9 of the Disability Rights Commission Act 1999 (c. 17) and amended by section 36 of the Special Educational Needs and Disability Act 2001 (c. 10) . It is further amended by regulation 20 of the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673 ).
Section 17A(1C) is inserted by regulation 9 of S.I. 2003/1673 with effect from 1 st October 2004. (That regulation also renumbers section 8 of the 1995 Act as section 17A.) Regulation 2(1) of the same S.I. makes transitional provision with regard to section 17A(1C) of the Act in relation to a complaint presented to an employment tribunal before, but not determined by, 1 st October 2004.