Disability Act 2005


2.—(1) In this Act, except where the context otherwise requires—

“Act of 1999” means the National Disability Authority Act 1999 ;

“Defence Forces” has the meaning assigned to it by the Defence Act 1954 ;

“disability”, in relation to a person, means a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment;

“Executive” means the Health Service Executive;

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

“head” in relation to a public body means, the person who holds, or performs the functions of the office of the chief executive officer (by whatever name called) of the body;

“local authority” has the meaning assigned to it by the Local Government Act 2001 ;

“Minister” means the Minister for Justice, Equality and Law Reform;

“passenger transport service” does not include an air service within the meaning of the Air Navigation and Transport Act 1965 or a service provided by a person who only operates a train service or railway infrastructure of historic or touristic interest;

“public body” means—

(a) a Department of State,

(b) the Office of the President,

(c) the Office of the Attorney General,

(d) the Office of the Comptroller and Auditor General,

(e) the Office of the Houses of the Oireachtas,

(f) a local authority,

(g) the Executive,

(h) a person, body or organisation (other than the Defence Forces) established—

(i) by or under any enactment (other than the Companies Acts 1963 to 2003), or

(ii) under the Companies Acts 1963 to 2003, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or shares held by or on behalf of a Minister of the Government;

“service” means a service or facility of any kind provided by a public body which is available to or accessible by the public generally or a section of the public and, without prejudice to the generality of the foregoing, includes—

(a) the use of any place or amenity owned, managed or controlled by a public body,

(b) the provision of information or an information resource or a scheme or an allowance or other benefit administered by a public body,

(c) any cultural or heritage services provided by such a body, and

(d) any service provided by a court or other tribunal.

(2) In this Act—

(a) a reference to a Part, section or Schedule is a reference to a Part or section of, or a Schedule to this Act, unless it is indicated that a reference to some other provision is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended,

(c) a reference to any enactment or instrument made under statute is a reference to that enactment or instrument as amended, adapted or extended at any time by any enactment or instrument made under statute.