Commentary on Sections Part 4: Public Functions Section 88: General duty: exceptions
299.Section 88 makes a minor consequential amendment to the DDA.
300.Section 49C(4) of the DDA permits any or all of subsections (a) to (d) of the general duty to promote equality for disabled people to be disapplied from prescribed acts.  This amendment would ensure that, should it be necessary to disapply subsections (e) or (f) of the duty, this could also be done – for example, to clarify the situation where there was doubt as to whether an act was covered or not, or to exclude particular types of act from those duties where there would be good policy reasons as to why they should not be covered.