kaeli wrote:
pa*********@Nobasspam.ac.uk wrote: As far as I am aware (and I am very aware I am not an expert in this
field) it applies to any web page that is providing a service,
whether paid for or not.
But don't ALL pages provide a "service", even if that
service is just to inform or entertain?
How might they define "service"?
Information and entertainment are explicitly covered:-
<quote cite="(UK) DDA, PART III-DISCRIMINATION IN OTHER AREAS">
19.Discrimination in relation to goods, facilities and services.
....
(2) For the purposes of this section and sections 20 and 21-
(a) the provision of services includes the provision of any goods
or facilities;
(b) a person is "a provider of services" if he is concerned with
the provision, in the United Kingdom, of services to the
public or to a section of the public; and
(c) it is irrelevant whether a service is provided on payment or
without payment.
(3) The following are examples of services to which this section and
sections 20 and 21 apply-
(a) access to and use of any place which members of the public
are permitted to enter;
(b) access to and use of means of communication;
(c) access to and use of information services;
(d) accommodation in a hotel, boarding house or other similar
establishment;
(e) facilities by way of banking or insurance or for grants,
loans, credit or finance;
(f) facilities for entertainment, recreation or refreshment;
(g) facilities provided by employment agencies or under section
2 of the Employment and Training Act 1973;
(h) the services of any profession or trade, or any local or
other public authority.
....
</quote>
If I understood the context properly, there was also a
"reasonableness" judgement.
This makes sense, but would be hard to make concrete.
Reasonableness is always subject to interpretation, but there is also a
criteria of expense (equally unclear):-
<quote cite="(UK) DDA, PART III-DISCRIMINATION IN OTHER AREAS">
21.Duty of providers of services to make adjustments. -
(1) Where a provider of services has a practice, policy or procedure
which makes it impossible or unreasonably difficult for disabled
persons to make use of a service which he provides, or is
prepared to provide, to other members of the public, it is his
duty to take such steps as it is reasonable, in all the
circumstances of the case, for him to have to take in order to
change that practice, policy or procedure so that it no longer
has that effect.
....
(4) Where an auxiliary aid or service (for example, the provision of
information on audio tape or of a sign language interpreter) would-
(a) enable disabled persons to make use of a service which a
provider of services provides, or is prepared to provide,
to members of the public, or
(b) facilitate the use by disabled persons of such a service,
it is the duty of the provider of that service to take such steps
as it is reasonable, in all the circumstances of the case, for
him to have to take in order to provide that auxiliary aid or
service.
(5) Regulations may make provision, for the purposes of this section-
(a) as to circumstances in which it is reasonable for a provider
of services to have to take steps of a prescribed description;
(b) as to circumstances in which it is not reasonable for a
provider of services to have to take steps of a prescribed
description;
(c) as to what is to be included within the meaning of "practice,
policy or procedure";
(d) as to what is not to be included within the meaning of that
expression;
(e) as to things which are to be treated as physical features;
(f) as to things which are not to be treated as such features;
(g) as to things which are to be treated as auxiliary aids or
services;
(h) as to things which are not to be treated as auxiliary aids
or services.
(6) Nothing in this section requires a provider of services to take
any steps which would fundamentally alter the nature of the
service in question or the nature of his trade, profession or
business.
(7) Nothing in this section requires a provider of services to take
any steps which would cause him to incur expenditure exceeding
the prescribed maximum.
(8) Regulations under subsection (7) may provide for the prescribed
maximum to be calculated by reference to-
(a) aggregate amounts of expenditure incurred in relation to
different cases;
(b) prescribed periods;
(c) services of a prescribed description;
(d) premises of a prescribed description; or
(e) such other criteria as may be prescribed.
(9) Regulations may provide, for the purposes of subsection (7),
for expenditure incurred by one provider of services to be
treated as incurred by another.
(10) This section imposes duties only for the purpose of determining
whether a provider of services has discriminated against a
disabled person; and accordingly a breach of any such duty is
not actionable as such.
</quote>
Richard.
