The Disability Discrimination (Blind and Partially Sighted Persons) Regulations 2003

These were laid before Parliament on 17 March 2003. The Regulations will come into force on 14 April 2003.

The Regulations will make clear that people who are certified blind or partially sighted will be deemed disabled under the Disability Discrimination Act 1995. This will ensure that blind and partially sighted people cannot be discriminated against in employment, in respect of the supply of goods, facilities, and services, in the disposal of premises and, education. They will also benefit from the provisions in the Act which are designed to facilitate disabled persons’ access to certain types of public transport.

These Regulations are in response to the Disability Rights Task Force (DRTF) report ‘From Exclusion to Inclusion’, published in 1999, which made recommendations for Government action and follow the Government’s publication ‘Towards Inclusion’ which set out its commitments for future action.

2020 review: the above related to the law at that time and to the Disability Discrimination Act 1995. That Act was replaced in 2010 by the Equality Act 2010. The earlier Act ensured that a limited number of conditions were expressly deemed to be disabilities. Such deemed disabilities included:

• Blindness or partial sightedness (as per the above) but only provided that the employee was either certified as such by someone such as a consultant ophthalmologist or registered as such by a local authority.
• Severe disfigurements, except for tattoos or body piercings.
• Cancer, HIV infection, and multiple sclerosis.

The Equality Act 2020 also deems the same conditions to be disabilities but adds other sight impairment conditions:

• Blindness, severe sight impairment, sight impairment and partial sightedness (provided this is certified by a consultant ophthalmologist). Colour blindness has been held not to be a disability but discriminating because of it may be indirect sex discrimination.
• Severe disfigurements, with the exception of unremoved tattoos and piercings.
• Cancer, HIV infection and multiple sclerosis.