Disability Act 2005
Number 14 of 2005
DISABILITY ACT 2005
REVISED
Updated to 7 February 2024
This Revised Act is an administrative consolidation of the Disability Act 2005. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Policing, Security and Community Safety Act 2024 (1/2024), enacted 7 February 2024, and all statutory instruments up to and including the Irish Aviation Authority (Fees) Order 2015 (Revocation) Order 2024 (S.I. No. 80 of 2024), made 8 February 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 14 of 2005
DISABILITY ACT 2005
REVISED
Updated to 7 February 2024
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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1. |
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2. |
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3. |
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4. |
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5. |
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6. |
Assessment of Need, Service Statements and Redress
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7. |
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8. |
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9. |
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10. |
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11. |
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12. |
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13. |
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14. |
Complaints in relation to assessments or service statements. |
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15. |
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16. |
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17. |
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18. |
Appeals from and enforcement of recommendations of complaints officer. |
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19. |
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20. |
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21. |
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22. |
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23. |
Access to Buildings and Services and Sectoral Plans
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24. |
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25. |
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26. |
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27. |
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28. |
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29. |
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30. |
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31. |
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32. |
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32A. |
Sectoral plan of Minister for Children, Equality, Disability, Integration and Youth. |
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33. |
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34. |
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35. |
Sectoral plan of Minister for Communications, Marine and Natural Resources. |
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36. |
Sectoral plan of Minister for the Environment, Heritage and Local Government. |
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37. |
Sectoral plan of Minister for Enterprise, Trade and Employment. |
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38. |
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39. |
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40. |
Genetic Testing
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41. |
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42. |
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43. |
Family history information. (Repealed) |
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44. |
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45. |
Public Service Employment
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46. |
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47. |
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48. |
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49. |
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50. |
Codes of practice in respect of employment in public service. |
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51. |
Centre for Excellence in Universal Design
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52. |
Miscellaneous
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53. |
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54. |
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55. |
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56. |
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57. |
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58. |
Appeals Officer
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Acts Referred to |
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Air Navigation and Transport Act 1965 |
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Broadcasting Act 2001 |
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Civil Service Regulation Act 1956 |
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Companies Acts 1963 to 2003 |
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Data Protection Act 1988 |
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Data Protection Acts 1988 and 2003 |
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Data Protection (Amendment) Act 2003 |
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Defence Act 1954 |
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Education Act 1998 |
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Education for Persons with Special Educational Needs Act 2004 |
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Employment Equality Act 1998 |
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Equal Status Act 2000 |
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Equality Act 2004 |
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Health Acts 1947 to 2004 |
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Health Insurance Acts 1994 and 2003 |
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Heritage Act 1995 |
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Housing Act 1966 |
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Housing Act 1988 |
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Local Government Act 2001 |
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Merchant Shipping Act 1992 |
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Merchant Shipping (Safety Convention) Act 1952 |
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National Disability Authority Act 1999 |
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National Monuments Acts 1930 to 2004 |
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Ombudsman Act 1980 |
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Petty Sessions (Ireland) Act 1851 |
14 & 15 Vict., c. 93 |
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Planning and Development Act 2000 |
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Public Service Management (Recruitment and Appointments) Act 2004 |
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Social Welfare Acts |
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Wildlife Acts 1976 and 2000 |
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Number 14 of 2005
DISABILITY ACT 2005
REVISED
Updated to 7 February 2024
AN ACT TO ENABLE PROVISION TO BE MADE FOR THE ASSESSMENT OF HEALTH AND EDUCATION NEEDS OCCASIONED TO PERSONS WITH DISABILITIES BY THEIR DISABILITIES, TO ENABLE MINISTERS OF THE GOVERNMENT TO MAKE PROVISION, CONSISTENT WITH THE RESOURCES AVAILABLE TO THEM AND THEIR OBLIGATIONS IN RELATION TO THEIR ALLOCATION, FOR SERVICES TO MEET THOSE NEEDS, TO PROVIDE FOR THE PREPARATION OF PLANS BY THE APPROPRIATE MINISTERS OF THE GOVERNMENT IN RELATION TO THE PROVISION OF CERTAIN OF THOSE, AND CERTAIN OTHER SERVICES, TO PROVIDE FOR APPEALS BY THOSE PERSONS IN RELATION TO THE NON-PROVISION OF THOSE SERVICES, TO MAKE FURTHER AND BETTER PROVISION IN RESPECT OF THE USE BY THOSE PERSONS OF PUBLIC BUILDINGS AND THEIR EMPLOYMENT IN THE PUBLIC SERVICE AND THEREBY TO FACILITATE GENERALLY ACCESS BY SUCH PERSONS TO CERTAIN SUCH SERVICES AND EMPLOYMENT AND TO PROMOTE EQUALITY AND SOCIAL INCLUSION AND TO PROVIDE FOR RELATED MATTERS.
[8th July, 2005]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions in Part 2 transferred and references construed (1.03.2023) by Specialist Community-Based Disability Services (Transfer of Departmental Administration and Ministerial Functions) Order 2022 (S.I. No. 688 of 2022), arts. 2(a), (b)(ii), 4 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.
2. In this Order, “relevant function” means –
(a) any function transferred by Article 4 of this Order, and
(b) any function transferred to the Minister for Children, Equality, Disability, Integration and Youth by – ...
(ii) the Disability Act 2005 (No. 14 of 2005),
...
in so far only as the function consists of, or is connected with, specialist community-based disability services, within the meaning of the Health Act 2004, or any such other function otherwise assigned to that Minister by any of those Acts.
3. (1) The administration and business in connection with the exercise, performance or execution of any relevant function are transferred to the Department of Children, Equality, Disability, Integration and Youth.
(2) References to the Department of Health contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children, Equality, Disability, Integration and Youth.
4. (1) The functions vested in the Minister for Health – ...
(b) by or under the provisions of the enactments specified in Part 2 of the Schedule, and
...
are transferred to the Minister for Children, Equality, Disability, Integration and Youth.
(2) References to the Minister for Health contained in any Act or instrument made under such Act, and relating to any relevant function shall, on and after the commencement of this Order, be construed as references to the Minister for Children, Equality, Disability, Integration and Youth.
...
SCHEDULE
Article 4
...
Part 2
Part 2 of the Disability Act 2005
...
C2
Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.
(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.
3. (1) The functions vested in the Minister for Justice and Equality -
(a) by or under the enactments specified in Schedule 1, and
...
are transferred to the Minister for Children and Youth Affairs.
...
(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.
SCHEDULE 1
Article 3(1)(a)
Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs
...
Disability Act 2005 (No. 14 of 2005)
...
Editorial Notes:
E1
Previous affecting provision: functions in relation to Act transferred and Department of and Minister for Community, Equality and Gaeltacht Affairs construed (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-6; superseded as per C-note above.
E2
Previous affecting provision: functions in relation to Act transferred (1.06.2010) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010), arts. 2, 3 and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-6; superseded as per E-note above.