Statutory Instruments
2011 No. 1159
Equality
Disabled Persons
The Equality Act 2010 (Guidance on the Definition of Disability) Appointed Day Order 2011
Made
26th April 2011
Coming into force
1st May 2011
The Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 6(5) and 207(1) and (4) of, and paragraphs 11 and 15 of Schedule 1 to, the Equality Act 2010( 1 ), makes the following Order.
In accordance with paragraph 13 of Schedule 1 to that Act the Secretary of State has published a draft of the Guidance and has considered representations concerning the Guidance and modified it in the light of those representations.
In accordance with paragraph 14(1) of Schedule 1 to that Act the Secretary of State has laid a draft of the Guidance before both Houses of Parliament.
In accordance with paragraph 14(3) of Schedule 1 to 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 the Secretary of State has issued the Guidance in the form of the draft.
Citation and interpretation
1. —(1) This Order may be cited as the Equality Act 2010 (Guidance on the Definition of Disability) Appointed Day Order 2011.
(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( 2 );
“the 2010 Act” means the Equality Act 2010;
“the 2010 Order” means the Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010( 3 );
“the 1996 Guidance” means the Guidance on matters to be taken into account in determining questions relating to the definition of disability which was issued by the Secretary of State under the 1995 Act on 29th March 2006( 4 );
“adjudicating body” has the same meaning as in section 3(3A) of the 1995 Act in relation to any proceedings brought under the 1995 Act, and is defined in paragraph 12(2) of Schedule 1 to the 2010 Act in relation to any proceedings brought under the 2010 Act.
Appointed Day
2. —(1) 1st May 2011 is the day appointed for the coming into force of the Guidance laid before Parliament in draft on 10th February 2011 and issued under paragraph 14(3) of Schedule 1 to the 2010 Act on 7th April 2011.
(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 presented to an adjudicating body, whenever presented, alleging that a person has, before 1st May 2011, committed an act which is unlawful discrimination or harassment.
(2) A reference to an act in paragraph (1) of this article includes a reference to a continuing act which began before 1st May 2011.
(3) A reference to proceedings in paragraph (1) of this article is a reference to—
(a) Proceedings brought under the 1995 Act by virtue of article 15 of the 2010 Order, or
(b) Proceedings brought under the 2010 Act by virtue of article 7 of the 2010 Order, or
(c) Proceedings brought under the 2010 Act otherwise than by virtue of article 7 of the 2010 Order, and in which the act complained of occurred, or in which the continuing act complained of began, before 1st May 2011.
(4) 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 of the 1995 Act or paragraph 12(1) of Schedule 1 to the 2010 Act.
(5) Where this article applies, the 1996 Guidance is to continue to have effect for the purposes referred to in paragraph (4) of this article.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Miller
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th April 2011
2010 c.15 , amended by the Equality Act 2010 (Commencement No.4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation Order 2010 (S.I. 2010 No.2317 (c.112) ). The Equality Act 2010 ( 2010 c.15 ) has been amended by other statutory instruments made under it, but those amendments are not relevant to this Order.
1995 c.50 , amended by the Disability Discrimination Act 2005 ( 2005 c.13 ) and the Special Educational Needs and Disability Act 2001 ( 2001 c.10 ). The Disability Discrimination Act 1995 ( 1995 c.50 ) has also been amended by other enactments and instruments but those amendments are not relevant to this Order. The Disability Discrimination Act 1995 ( 1995 c.50 ) has been repealed by the Equality Act 2010 ( 2010 c.15 ) but, by article 15 of S.I. 2010/2317 (see full title in footnote ( a ) of this Order), proceedings arising from a complaint about conduct that occurred wholly before 1 st October 2010 are brought under the Disability Discrimination Act 1995 ( 1995 c.50 ) as if the Equality Act 2010 ( 2010 c.15 ) had not been commenced. Article 15 of S.I. 2010/2317 is referred to in article 3 of this Order.
ISBN No. 978-0-11-703686-4.