Statutory Instruments
2006 No. 1005
DISABLED PERSONS
The Disability Discrimination (Guidance on the Definition of Disability) Appointed Day Order 2006
Made
30th March 2006
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 3(9) and 67(2) and (3)(a) of the Disability Discrimination Act 1995( 1 ).
In accordance with section 3(4) of that Act he has consulted such persons as he considered appropriate in preparing a draft of the Guidance.
In accordance with section 3(5) of that Act he has published a draft of the Guidance and has considered such representations that were made to him about the draft and has modified his proposals as he considered appropriate in the light of those representations.
In accordance with section 3(6) of that Act he has laid a draft of the Guidance before both Houses of Parliament.
In accordance with section 3(8) of that Act neither House has resolved not to approve the draft within a period of 40 days beginning with the day on which it was laid and he has issued the Guidance in the form of that draft.
Citation and interpretation
1. —(1) This Order may be cited as the Disability Discrimination (Guidance on the Definition of Disability) Appointed Day Order 2006.
(2) In this Order—
“Guidance” means the guidance on matters to be taken into account in determining questions relating to the definition of disability;
“the 1995 Act” means the Disability Discrimination Act 1995.
Appointed Day
2. —(1) 1st May 2006 is the day appointed for the coming into force of the Guidance laid before Parliament in draft on 7th February 2006 and issued under section 3(8) of the 1995 Act on 29th March 2006.
(2) Paragraph (1) has effect subject to the provisions of article 3.
Transitional provision
3. —(1) This article applies in relation to any proceedings arising from a complaint (whenever presented) alleging that a person has, before 1st May 2006, committed an act which is unlawful discrimination for the purposes of the 1995 Act.
(2) Where this article applies, the Guidance referred to in article 2(1) of this Order shall not have effect for the purposes of section 3(3) of the 1995 Act( 2 ).
Signed by authority of the Secretary of State for Work and Pensions.
Anne C McGuire
Parliamentary Under-Secretary of State,
Department for Work and Pensions
30th March 2006
1995 c. 50 . Section 67(3) was amended by paragraphs 1 and 33(3) of Schedule 1 to the Disability Discrimination Act 2005 (c. 13) .
Section 3(3) was amended by paragraphs 1 and 3(5) of Schedule 1 to the Disability Discrimination Act 2005.