(Disability) (Jersey) Regulations 2018
Made 22nd March 2018
Coming into force in
accordance with Regulation 8
THE STATES, in pursuance of Articles 5 and 47 of the Discrimination (Jersey)
Law 2013, have made the following
(Jersey) Law 2013 amended
The Discrimination (Jersey) Law 2013 is amended in accordance
with Regulations 2 to 7.
2 Article 6
In Article 6 after paragraph (10) there shall be added the
following paragraphs –
“(11) In relation to the protected
characteristic of disability, where a person has a particular disability
(‘disabled person’), a person (‘the person’) does not
directly discriminate against another person who does not have that particular
disability (‘the subject’) if the person treats the disabled person
more favourably than the subject because of the disabled person’s
(12) Without prejudice to the generality of
paragraph (11) but subject to paragraph (13), a person directly
discriminates against a disabled person (‘the subject’)
(a) the person treats the subject unfavourably
because of something arising as a consequence of the subject’s
(b) the person cannot show that the treatment is
a proportionate means of achieving a legitimate aim.
(13) Paragraph (12) does not apply if the person
shows that he or she did not know, and could not have been reasonably expected
to know, that the subject had the disability.”.
3 Article 7
In Article 7(4) for the full-stop after sub-paragraph (e)
there shall be substituted a semi-colon and then added the following
4 Article 7A
After Article 7 there shall be inserted the following
constitutes indirect discrimination – failure to make reasonable
adjustments regarding disability
(1) If a provision, criterion or practice of a
person (‘the person’) puts a disabled person (‘the
subject’) at a substantial disadvantage in comparison with persons who
are not disabled, the person discriminates against the subject if the person
fails to take reasonable steps to avoid the substantial disadvantage.
(2) If a disabled person (‘the
subject’) is put at a substantial disadvantage in comparison with persons
who are not disabled by reason of a physical feature of premises, a person
(‘the person’) discriminates against the subject if the person
fails to take reasonable steps to avoid the substantial disadvantage.
(3) If a disabled person (‘the
subject’) would, but for the provision of an auxiliary aid, be put at a
substantial disadvantage in comparison with persons who are not disabled, a
person (‘the person’) discriminates against the subject if the
person fails to take such steps as it is reasonable to take to provide the
(4) Paragraphs (1) to (3) apply only if the
person knows or reasonably should have been expected to know –
(a) that the subject has the disability; and
(b) of the substantial disadvantage that the
provision, criterion, practice, physical feature of premises or lack of
auxiliary aid would cause to the subject.
(5) In taking reasonable steps to avoid the
substantial disadvantage described in paragraph (1), (2) or (3), the
person must not require the subject to pay any or all of the person’s
costs in taking such steps.
(6) For the purposes of paragraph (2) a
physical feature includes –
(a) a feature arising from the design or
construction of a building;
(b) a feature of an approach to, exit from or
access to a building;
(c) a fixture or fitting, or furniture,
furnishings, materials, equipment or other chattels, in or on premises;
(d) any other physical element or quality.
(7) For the purposes of paragraph (2),
avoiding the substantial disadvantage includes –
(a) removing the physical feature in question;
(b) altering it; or
(c) providing a reasonable means of avoiding it.
(8) For the purposes of paragraph (3), the
reference to an auxiliary aid includes a reference to an auxiliary service.
(9) In determining whether the person has taken
reasonable steps to avoid the substantial disadvantage referred to in paragraph (1),
(2) or (3), matters to be taken into account may include –
(a) the extent to which –
likelihood of the substantial disadvantage was reasonably foreseeable, and
steps which are, or would be if taken, proportionate to such degree of likelihood;
(b) the extent to which any steps are, or would
be if taken, effective to prevent or remove the substantial disadvantage;
(c) the extent to which any steps are, or would
be if taken, practical;
(d) the cost of any steps that have or might be
(e) the extent of the financial, administrative
and any other resources available to the person, including any provided by a
third party, for the purpose of taking any steps; and
(f) characteristics of the person such as
the nature of the person’s business, if any, and size.
(10) In this Article ‘substantial’ means
more than minor or trivial.”.
5 Schedule 1
In Schedule 1 after paragraph 7 there shall be added the
following paragraph –
(1) Disability is a protected characteristic.
(2) A person has the protected characteristic if
the person has one or more long-term physical, mental, intellectual or sensory
impairments which can adversely affect a person’s ability to engage or
participate in any activity in respect of which an act of discrimination is
prohibited under this Law.
(3) For the purposes of paragraph (2), if a
person has more than one impairment, the impairments may be taken together to
determine whether they can have the adverse effect referred to in paragraph (2).
(4) For the purposes of paragraph (2), a
long-term impairment is an impairment which –
(a) has lasted, or is expected to last, for not
less than 6 months; or
(b) is expected to last until the end of the
(5) An impairment which consists of a severe
disfigurement is to be treated as having an adverse effect as described in
paragraph (2) except where the disfigurement consists of –
(a) a tattoo; or
(b) a piercing of the body for decorative or
other non-medical purposes, including any object attached through the piercing
for such purposes.
(6) In relation to the protected
(a) a reference to a person who has the
protected characteristic is a reference to a disabled person;
(b) a reference to a person who has a particular
protected characteristic is a reference to a person who has a particular
(c) a reference to persons who share a
particular protected characteristic is a reference to persons who have the same
(7) None of the following is a
(a) a tendency to set fires;
(b) a tendency to steal;
(c) a tendency to physical or sexual abuse of
6 Schedule 2,
Part 1 amended
Paragraph 2F of Part 1 of Schedule 2 shall be
7 Schedule 2,
Part 5 inserted
In Schedule 2 after Part 4 there shall be inserted the
following Part –
exceptions to prohibited
42 Disability: act done pursuant to
States’ policy or Ministerial decision
An act of discrimination is
not prohibited by this Law in so far as it relates to the protected characteristic
of disability, if it is done pursuant to a policy adopted by the States or by
Ministerial decision where the implementation of that policy applies criteria
for the purposes of –
(a) promoting employment or other opportunities
for disabled people; or
(b) providing access by disabled people to
facilities and services.
43 Disability: goods, facilities and
(1) A person does not contravene Article 22
by discriminating against a person under Article 7A where the
contravention relates to the carrying of passengers for hire or reward in a
public service vehicle.
(2) In this paragraph ‘public service
vehicle’ has the same meaning as in Article 1 of the Motor Traffic
(Jersey) Law 1935.
44 Disability: building bye-laws
A person does not contravene
anything in Parts 3, 4, 5 or 6 by discriminating against a person under
Article 7A where –
(a) the contravention arises from compliance
with any provision of the Building Bye-laws (Jersey) 2007 or any guidance on
compliance with those Bye-laws issued by the Minister with the function of
making them; and
(b) the contravention arises from failure to
remove or alter or otherwise change a physical feature of premises causing the
substantial disadvantage referred to in Article 7A(2).
45 Disability: admission to schools
(1) A person does not contravene
Article 21(1), so far as relating to the protected characteristic of
disability, only by applying arrangements for selective admission to a school.
(2) In sub-paragraph (1),
‘arrangements for selective admission’ mean arrangements which
provide for some or all of a school’s pupils to be selected by reference
to general or special ability or aptitude, with a view to admitting only pupils
of high ability or aptitude.
46 Disability: financial and insurance
(1) Parts 3 and 5 do not prohibit a person
discriminating against a person, in so far as such discrimination relates to
the protected characteristic of disability, in relation to the terms on which
an annuity or policy of insurance is offered to, or may be obtained by, that
person, if the discrimination is reasonable in the circumstances, having regard
to any statistical or actuarial data on which it is reasonable for the person
(2) Article 22 does not prohibit a person
discriminating against another person, in so far as such discrimination relates
to the protected characteristic of disability, in the provision of a relevant
financial service, if the provision is in pursuance of arrangements made by an
employer for the service-provider to provide the service to the employer’s
employees, and other persons, as a consequence of the employment.
(3) In this paragraph ‘relevant financial
service’ means –
(a) insurance or a related financial service; or
(b) a service relating to membership of or
benefits under a personal pension scheme.
47 Disability: sport and competitions
A person does not contravene
this Law in relation to the protected characteristic of disability only by
doing anything in relation to the participation of persons in a sport or
competition which is consistent with the rules relating to that sport or
competition of an international competition or international
Regulations may be cited as the Discrimination (Disability) (Jersey) Regulations 2018.
to paragraph (3), these Regulations shall come into force on 1st September 2018.
(3) Regulation 4,
in relation to the insertion of Article 7A(2), shall come into force on
1st September 2020.
DR. M. EGAN
Greffier of the States