Disability Disrimination (Servies and Premises) Regulations 2016 Index DISABILITY DISCRIMINATION (SERVICES AND PREMISES) REGULATIONS 2016 Index Regulation Page 1 Title... 3 2 Commenement... 3 3 Interpretation... 3 4 Cirumstanes in whih less favourable treatment is justified: insurane... 4 5 Existing poliies of insurane: transitional provisions... 4 6 Cover douments and master poliies: transitional provisions... 5 7 Cirumstanes in whih less favourable treatment is justified: guarantees... 5 8 Cirumstanes in whih less favourable treatment is justified: deposits in respet of goods and failities... 6 9 Cirumstanes in whih less favourable treatment is justified: deposits in respet of premises... 7 10 Mental inapaity... 7 11 Heritage Transport Vehiles... 7 12 Presribed date for the purposes of the meaning of rail vehile... 8 SD No.2016/0130 Page 1
Disability Disrimination (Servies and Premises) Regulations 2016 Regulation 1 Statutory Doument No. 2016/0130 Disability Disrimination At 2006 DISABILITY DISCRIMINATION (SERVICES AND PREMISES) REGULATIONS 2016 Approved by Tynwald: Coming into Operation: 15 Deember 2016 The Department of Health and Soial Care makes the following Regulations under setions 4(6), 5(7) and (8), 9(5), 23(2) and 24 1 of the Disability Disrimination At 2006. 1 Title These Regulations are the Disability Disrimination (Servies and Premises) Regulations 2016. 2 Commenement If approved by Tynwald, these Regulations ome into operation on 15 Deember 2016 2. 3 Interpretation (1) In these Regulations the At means the Disability Disrimination At 2006 and a referene to a numbered Part or setion is to the Part or setion of the At so numbered; inepted refers to the time when the liability to risk of an insurer under a poliy of insurane ommened; insurane business has the same meaning as in the Insurane At 2008; insurer means an insurane ompany as defined in setion 54 of the Insurane At 2008. (2) In these Regulations, unless the ontext otherwise requires, a referene to a numbered regulation is to the regulation in these Regulations bearing that number; 1 Setion 24 is ited beause of the meaning it asribes to presribed and regulations. 2 Tynwald approval is required by setion 23(2). SD No.2016/0130 Page 3
Regulation 4 Disability Disrimination (Servies and Premises) Regulations 2016 () in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number; in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number. 4 Cirumstanes in whih less favourable treatment is justified: insurane (1) If, for a reason whih relates to the disabled person s disability, a provider of servies treats a disabled person less favourably than he or she treats or would treat others to whom that reason does not or would not apply, that treatment is to be taken to be justified for the purposes of setion 5 in the irumstanes speified in paragraph (2). (2) The irumstanes referred to in paragraph (1) are that the less favourable treatment is in onnetion with insurane business arried on by the provider of servies; based upon information (for example, atuarial or statistial data or a medial report) whih is relevant to the assessment of the risk to be insured and is from a soure on whih it is reasonable to rely; and () reasonable having regard to the information relied upon and any other relevant fators. 5 Existing poliies of insurane: transitional provisions (1) Subjet to paragraph (2), and exept where regulation 4 applies, if, for a reason whih relates to the disabled person s disability, a provider of servies treats a disabled person less favourably than he or she treats or would treat others to whom that reason does not or would not apply, that treatment is to be taken to be justified for the purposes of setion 5 if the treatment is in onnetion with insurane business arried on by the provider of servies and relates to an existing poliy. (2) Subjet to paragraph (3), if an existing poliy is due to be renewed, or the terms of suh a poliy are due to be reviewed, on or after 15 Deember 2016, any less favourable treatment whih ours on or after the date that the review or renewal is due shall not be taken to be justified under paragraph (1). (3) A review of an existing poliy whih is part of, or inidental to, a general reassessment by the provider of servies of the priing struture for a group of poliies shall not be treated as a review for the purposes of paragraph (2). Page 4 SD No.2016/0130
Disability Disrimination (Servies and Premises) Regulations 2016 Regulation 6 (4) In this regulation an existing poliy means a poliy of insurane whih inepted before 15 Deember 2016. 6 Cover douments and master poliies: transitional provisions (1) Subjet to paragraphs (2) and (3), if, for a reason whih relates to the disabled person s disability, a provider of servies treats a disabled person less favourably than he or she treats or would treat others to whom that reason does not or would not apply, that treatment is to be taken to be justified for the purposes of setion 5 if the treatment is in onnetion with insurane business arried on by the provider of servies and results in a refusal to issue a over doument to or in respet of the disabled person, and the refusal ours before 15 Deember 2016; or relates to a over doument whih inepted before 15 Deember 2016. (2) Paragraph (1) does not apply in a ase where the relevant master poliy was entered into or renewed on or after 15 Deember 2016; or the terms of the relevant master poliy were reviewed on or after 15 Deember 2016, and for this purpose the relevant master poliy means the master poliy under whih the over doument was issued, or under whih a over doument would have been issued but for the refusal to issue it. (3) If a over doument is due to be renewed, or the terms of a over doument are due to be reviewed, on or after 15 Deember 2016, any less favourable treatment whih ours on or after the date that the review or renewal is due shall not be taken to be justified under paragraph (1). (4) In this regulation over doument means a ertifiate or poliy issued under a master poliy; master poliy means a ontrat between an insurer and another person under whih that person is entitled to issue ertifiates or poliies to individuals, and whih details the terms on whih that person may do so. 7 Cirumstanes in whih less favourable treatment is justified: guarantees (1) If, for a reason whih relates to the disabled person s disability, a provider of servies 3 ( the provider ) treats a disabled person less 3 The provision of servies for these purposes inludes the provision of any goods or failities; see setion 4(2). SD No.2016/0130 Page 5
Regulation 8 Disability Disrimination (Servies and Premises) Regulations 2016 favourably than he or she treats or would treat others to whom that reason does not or would not apply, that treatment is to be taken to be justified for the purposes of setion 5 in the irumstanes speified in paragraph (2). (2) The irumstanes referred to in paragraph (1) are that () the provider provides a guarantee (whether or not legally enforeable) that (i) (ii) the purhase prie of servies that he or she has provided will be refunded if the servies are not of satisfatory quality; or servies in the form of goods that he or she has provided will be replaed or repaired if those goods are not of satisfatory quality; and the provider refuses to provide a replaement, repair or refund under the guarantee beause damage has ourred for a reason whih relates to the disabled person s disability, and the damage is above the level at whih the provider would normally provide a replaement, repair or refund under the guarantee; and it is reasonable in all the irumstanes of the ase for the provider to refuse to provide a replaement, repair or refund under the guarantee. (3) In this regulation guarantee inludes any doument having the effet referred to in paragraph (2) whether or not that doument is desribed as a guarantee by the provider. 8 Cirumstanes in whih less favourable treatment is justified: deposits in respet of goods and failities (1) If, for a reason whih relates to the disabled person s disability, a provider of servies ( the provider ) treats a disabled person less favourably than he or she treats or would treat others to whom that reason does not or would not apply, that treatment is to be taken to be justified for the purposes of setion 5 in the irumstanes speified in paragraph (2). (2) The irumstanes referred to in paragraph (1) are that when goods or failities are provided, the disabled person is required to provide a deposit whih is refundable if the goods or failities are undamaged; and the provider refuses to refund some or all of the deposit beause damage has ourred to the goods or failities for a reason whih relates to the disabled person s disability, and the damage is above the level at whih the provider would normally refund the deposit in full; and Page 6 SD No.2016/0130
Disability Disrimination (Servies and Premises) Regulations 2016 Regulation 9 () it is reasonable in all the irumstanes of the ase for the provider to refuse to refund the deposit in full. 9 Cirumstanes in whih less favourable treatment is justified: deposits in respet of premises (1) If, for a reason whih relates to the disabled person s disability, a person with power to dispose of any premises ( the provider ) treats a disabled person less favourably than he or she treats or would treat others to whom that reason does not or would not apply, that treatment shall be taken to be justified for the purposes of setion 9 in the irumstanes speified in paragraph (2). (2) The irumstanes referred to in paragraph (1) are that () (d) the provider grants a disabled person a right to oupy premises (whether by means of a formal tenany agreement or otherwise); in respet of that oupation the disabled person is required to provide a deposit whih is refundable at the end of the oupation provided that the premises and ontents are not damaged; the provider refuses to refund some or all of the deposit beause the premises or ontents have been damaged for a reason whih relates to the disabled person s disability, and the damage is above the level at whih the provider would normally refund the deposit in full; and it is reasonable in all the irumstanes of the ase for the provider to refuse to refund the deposit in full. 10 Mental inapaity Setion 5(4) (treatment justified where disabled person is inapable of entering into an enforeable agreement or giving informed onsent) does not apply where a disabled person is ating through another person by virtue of a power of attorney; or funtions onferred by or under Part 7 of the Mental Health At 1998. 11 Heritage Transport Vehiles Setions 4 to 6 do not apply to aess to, or use of, any heritage transport vehile. Here heritage transport vehile means any vehile intended to be used on a railway (within the meaning of setion 30 of the Isle of Man Passenger Transport At 1982); any publi servie vehile manufatured on or before 1 January 1970 and operated by the Department of Infrastruture. SD No.2016/0130 Page 7
Regulation 12 Disability Disrimination (Servies and Premises) Regulations 2016 12 Presribed date for the purposes of the meaning of rail vehile For the purposes of the definition of rail vehile in setion 24 the presribed date is 1 January 2017. MADE 8 TH APRIL 2016 R H QUAYLE Minister for Health and Soial Care Page 8 SD No.2016/0130
Disability Disrimination (Servies and Premises) Regulations 2016 Explanatory Note EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations are made under the Disability Disrimination At 2006 ( the DDA 2006 ), whih makes it unlawful to disriminate against disabled persons. Setions 4 and 5 of the DDA 2006 onern disrimination in relation to the provision of servies, inluding the provision of goods and failities, to the publi. Setion 5(1) of the DDA 2006 states that a person who provides servies disriminates against a disabled person if, for a reason relating to the disabled person s disability, he or she treats the disabled person less favourably than he or she treats others, and he or she annot show that the treatment is justified. Setion 5 ontains powers to make regulations onerning irumstanes when treatment shall be taken to be justified, and so will not onstitute disrimination for the purposes of the DDA 2006. These regulations make provision for treatment to be justified in speified irumstanes. Firstly treatment is justified in relation to the provision of insurane, if it is based on ertain fators and it is reasonable to rely on those fators (regulation 4). Transitional provision is also made for existing insurane poliies; any treatment in relation to a poliy whih existed before these regulations ame into fore is automatially taken to be justified until suh date as the poliy is due to be reviewed or renewed (regulation 5). Further speial transitional provision is made for insurane poliies whih are derived from a general master poliy (regulation 6). Seondly treatment is justified in relation to the provision of guarantees and deposits; a servie provider will be justified in refusing to honour a guarantee or refund a deposit if the item in respet of whih the guarantee or deposit was provided has been damaged beyond the level at whih the guarantee would normally be honoured, or the deposit refunded, and the reason for the damage is related to the disabled person s disability (regulations 7 and 8). Setions 7 to 9 of the DDA 2006 onern disrimination in relation to premises. Setion 9 makes similar provision to setion 5 in relation to the definition of disrimination and the justifiation of treatment. The regulations provide that treatment may be justified where a landlord refuses to refund a deposit to a disabled person if the property that was oupied by the disabled person has been damaged beyond the level at whih the deposit would normally be refunded, and the reason for the damage is related to the disabled person s disability (regulation 9). The regulations provide that the ondition in setion 5(4) of the DDA 2006, whih may allow treatment to be justified if the disabled person is inapable of entering into an agreement, will not apply where the disabled person is ating through an attorney or a person similarly ating on his behalf (regulation 10). The regulations provide that setions 4 to 6 of the DDA 2006 will not apply to aess to, and use of, any heritage transport vehile (regulation 11). SD No.2016/0130 Page 9
Explanatory Note Disability Disrimination (Servies and Premises) Regulations 2016 For the purposes of these Regulations, heritage transport vehile inludes The Manx Eletri Railway; The Snaefell Mountain Railway; The Steam Railway; The Douglas Horse Trams; The Groudle Glen Railway; The Laxey Mines Railway; The Curragh s Wildlife Park Railway; Any Bus or Coah manufatured before 1 st January 1970 and operated by the Department of Infrastruture. The regulations also provides for a presribed date of 1 January 2017 for rail vehiles first brought into operation after that date for the purposes of the definition of rail vehile in setion 24, whih would be subjet to the At (regulation 12). Page 10 SD No.2016/0130