Disability Act 2005


Number 14 of 2005


DISABILITY ACT 2005

REVISED

Updated to 14 October 2020


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 Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), enacted 14 October 2020, and all statutory instruments up to and including the Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), made 13 October 2020, 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 14 October 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Data Protection Act 2018 (7/2018)

Local Government Reform Act 2014 (1/2014)

Ombudsman (Amendment) Act 2012 (38/2012)

Central Bank Reform Act 2010 (23/2010)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Broadcasting Act 2009 (18/2009)

Houses of the Oireachtas Commission (Amendment) Act 2009 (44/2009)

Health Act 2007 (23/2007)

All Acts up to and including Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), enacted 14 October 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Disability Act 2005 (Code of Practice) (Declaration) Order 2011 (S.I. No. 484 of 2011)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010)

Disability Act 2005 (Commencement) Order 2007 (S.I. No. 234 of 2007)

Disability (Assessment of Needs, Service Statements and Redress) Regulations 2007 (S.I. No. 263 of 2007)

Disability Act 2005 (Code of Practice) (Declaration) Order 2006 (S.I. No. 163 of 2006)

Disability Act 2005 (Commencement) Order 2005 (S.I. No. 474 of 2005)

Maritime Transport, Safety and Security (Transfer of Departmental Administration and Ministerial Functions) Order 2005 (S.I. No. 842 of 2005)

All statutory instruments up to and including Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), made 13 October 2020, were considered in the preparation of this revision.


Number 14 of 2005


DISABILITY ACT 2005

REVISED

Updated to 14 October 2020


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Expenses.

5.

Provision of resources and extent of provision.

6.

Review of operation of Act.

PART 2

Assessment of Need, Service Statements and Redress

7.

Interpretation ( Part 2).

8.

Independent assessment of need.

9.

Application for an assessment.

10.

Carrying out of assessments.

11.

Service statement.

12.

Exchange of information.

13.

Maintenance of records by Executive, etc.

14.

Complaints in relation to assessments or service statements.

15.

Complaints officers.

16.

Appeals officer.

17.

Annual report and information to Minister.

18.

Appeals from and enforcement of recommendations of complaints officer.

19.

Mediation.

20.

Appeal to High Court.

21.

Regulations.

22.

Enforcement of determinations, etc.

23.

Search warrants.

PART 3

Access to Buildings and Services and Sectoral Plans

24.

Definition.

25.

Access to public buildings.

26.

Access to services, etc.

27.

Accessibility of services supplied to a public body.

28.

Access to information.

29.

Access to heritage sites.

30.

Codes of practice.

31.

Sectoral plans.

32.

Sectoral plan of Minister for Health and Children.

33.

Sectoral plan of Minister for Social and Family Affairs.

34.

Sectoral plan of Minister for Transport.

35.

Sectoral plan of Minister for Communications, Marine and Natural Resources.

36.

Sectoral plan of Minister for the Environment, Heritage and Local Government.

37.

Sectoral plan of Minister for Enterprise, Trade and Employment.

38.

Complaints.

39.

Inquiry officers.

40.

Application of Ombudsman Act 1980.

PART 4

Genetic Testing

41.

Interpretation ( Part 4).

42.

Genetic testing and processing of genetic data.

43.

Family history information. (Repealed)

44.

Review of operation of this Part.

45.

Saver.

PART 5

Public Service Employment

46.

Interpretation ( Part 5).

47.

Employment in public service.

48.

Monitoring of compliance with this Part.

49.

Action to achieve compliance with this Part.

50.

Codes of practice in respect of employment in public service.

51.

Positive action measures.

PART 6

Centre for Excellence in Universal Design

52.

Amendment of Act of 1999.

PART 7

Miscellaneous

53.

Amendment of section 19 of Broadcasting Act 2001.

54.

Offences by bodies corporate, etc.

55.

Offences.

56.

Further amendment of Act of 1999.

57.

Repeal of sections 17 and 18 of Equal Status Act 2000.

58.

Exclusions.

SCHEDULE

Appeals Officer


Acts Referred to

Air Navigation and Transport Act 1965

1965, No. 6

Broadcasting Act 2001

2001, No. 4

Civil Service Regulation Act 1956

1956, No. 46

Companies Acts 1963 to 2003

Data Protection Act 1988

1988, No. 25

Data Protection Acts 1988 and 2003

Data Protection (Amendment) Act 2003

2003, No. 6

Defence Act 1954

1954, No. 18

Education Act 1998

1998, No. 51

Education for Persons with Special Educational Needs Act 2004

2004, No. 30

Employment Equality Act 1998

1998, No. 21

Equal Status Act 2000

2000, No. 8

Equality Act 2004

2004, No. 24

Health Acts 1947 to 2004

Health Insurance Acts 1994 and 2003

Heritage Act 1995

1995, No. 4

Housing Act 1966

1966, No. 21

Housing Act 1988

1988, No. 28

Local Government Act 2001

2001, No. 37

Merchant Shipping Act 1992

1992, No. 2

Merchant Shipping (Safety Convention) Act 1952

1952, No. 29

National Disability Authority Act 1999

1999, No. 14

National Monuments Acts 1930 to 2004

Ombudsman Act 1980

1980, No. 26

Petty Sessions (Ireland) Act 1851

14 & 15 Vict., c. 93

Planning and Development Act 2000

2000, No. 30

Public Service Management (Recruitment and Appointments) Act 2004

2004, No. 33

Social Welfare Acts

Wildlife Acts 1976 and 2000


Number 14 of 2005


DISABILITY ACT 2005

REVISED

Updated to 14 October 2020


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.

[8 th July, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

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 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.