IE
(LRC Revised)
Statutory Text (1 Articles)
Number 14 of 2005
DISABILITY ACT 2005
REVISED
Updated to 2 April 2025
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Disability Act 2005
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Merchant Shipping (Investigation of Marine Accidents) Act 2025
(2/2025), enacted 14 April 2025, and all statutory
instruments up to and including the
Policing, Security and Community Safety Act 2024 (Commencement) Order 2025
(S.I. No. 107 of 2025), made 2 April 2025, were
considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
14
of
2005
DISABILITY ACT 2005
REVISED
Updated to 2 April 2025
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1.
Short title and commencement.
2.
Interpretation.
3.
Orders and regulations.
4.
Expenses.
5.
Provision of resources and extent of provision.
6.
Review of operation of Act.
PART 2
Assessment of Need, Service Statements and Redress
7.
Interpretation (
Part 2
).
8.
Independent assessment of need.
9.
Application for an assessment.
10.
Carrying out of assessments.
11.
Service statement.
12.
Exchange of information.
13.
Maintenance of records by Executive, etc.
14.
Complaints in relation to assessments or service statements.
15.
Complaints officers.
16.
Appeals officer.
17.
Annual report and information to Minister.
18.
Appeals from and enforcement of recommendations of complaints officer.
19.
Mediation.
20.
Appeal to High Court.
21.
Regulations.
22.
Enforcement of determinations, etc.
23.
Search warrants.
PART 3
Access to Buildings and Services and Sectoral Plans
24.
Definition.
25.
Access to public buildings.
26.
Access to services, etc.
27.
Accessibility of services supplied to a public body.
28.
Access to information.
29.
Access to heritage sites.
30.
Codes of practice.
31.
Sectoral plans.
32.
Sectoral plan of Minister for Health and Children.
32A.
Sectoral plan of Minister for Children, Equality, Disability,
Integration and Youth.
33.
Sectoral plan of Minister for Social and Family Affairs.
34.
Sectoral plan of Minister for Transport.
35.
Sectoral plan of Minister for Communications, Marine and Natural Resources.
36.
Sectoral plan of Minister for the Environment, Heritage and Local Government.
37.
Sectoral plan of Minister for Enterprise, Trade and Employment.
38.
Complaints.
39.
Inquiry officers.
40.
Application of Ombudsman Act 1980.
PART 4
Genetic Testing
41.
Interpretation (
Part 4
).
42.
Genetic testing and processing of genetic data.
43.
Family history information.
(Repealed)
44.
Review of operation of this Part.
45.
Saver.
PART 5
Public Service Employment
46.
Interpretation (
Part 5
).
47.
Employment in public service.
48.
Monitoring of compliance with this Part.
49.
Action to achieve compliance with this Part.
50.
Codes of practice in respect of employment in public service.
51.
Positive action measures.
PART 6
Centre for Excellence in Universal Design
52.
Amendment of Act of 1999.
PART 7
Miscellaneous
53.
Amendment of section 19 of Broadcasting Act 2001.
54.
Offences by bodies corporate, etc.
55.
Offences.
56.
Further amendment of Act of 1999.
57.
Repeal of sections 17 and 18 of Equal Status Act 2000.
58.
Exclusions.
SCHEDULE
Appeals Officer
Acts Referred to
Air Navigation and Transport Act 1965
1965, No. 6
Broadcasting Act 2001
2001, No. 4
Civil Service Regulation Act 1956
1956, No. 46
Companies Acts 1963 to 2003
Data Protection Act 1988
1988, No. 25
Data Protection Acts 1988 and 2003
Data Protection (Amendment) Act 2003
2003, No. 6
Defence Act 1954
1954, No. 18
Education Act 1998
1998, No. 5
1
Education for Persons with Special Educational Needs Act 2004
2004, No. 30
Employment Equality Act 1998
1998, No. 21
Equal Status Act 2000
2000, No. 8
Equality Act 2004
2004, No. 24
Health Acts 1947 to 2004
Health Insurance Acts 1994 and 2003
Heritage Act 1995
1995, No. 4
Housing Act 1966
1966, No. 21
Housing Act 1988
1988, No. 28
Local Government Act 2001
2001, No. 37
Merchant Shipping Act 1992
1992, No. 2
Merchant Shipping (Safety Convention) Act 1952
1952, No. 29
National Disability Authority Act 1999
1999, No. 14
National Monuments Acts 1930 to 2004
Ombudsman Act 1980
1980, No. 26
Petty Sessions (Ireland) Act 1851
14 & 15 Vict., c. 93
Planning and Development Act 2000
2000, No. 30
Public Service Management (Recruitment and Appointments) Act 2004
2004, No. 33
Social Welfare Acts
Wildlife Acts 1976 and 2000
Number
14
of
2005
DISABILITY ACT 2005
REVISED
Updated to 2 April 2025
AN ACT TO ENABLE PROVISION TO BE MADE FOR THE ASSESSMENT OF HEALTH AND EDUCATION NEEDS
OCCASIONED TO PERSONS WITH DISABILITIES BY THEIR DISABILITIES, TO ENABLE MINISTERS
OF THE GOVERNMENT TO MAKE PROVISION, CONSISTENT WITH THE RESOURCES AVAILABLE TO THEM
AND THEIR OBLIGATIONS IN RELATION TO THEIR ALLOCATION, FOR SERVICES TO MEET THOSE
NEEDS, TO PROVIDE FOR THE PREPARATION OF PLANS BY THE APPROPRIATE MINISTERS OF THE
GOVERNMENT IN RELATION TO THE PROVISION OF CERTAIN OF THOSE, AND CERTAIN OTHER SERVICES,
TO PROVIDE FOR APPEALS BY THOSE PERSONS IN RELATION TO THE NON-PROVISION OF THOSE
SERVICES, TO MAKE FURTHER AND BETTER PROVISION IN RESPECT OF THE USE BY THOSE PERSONS
OF PUBLIC BUILDINGS AND THEIR EMPLOYMENT IN THE PUBLIC SERVICE AND THEREBY TO FACILITATE
GENERALLY ACCESS BY SUCH PERSONS TO CERTAIN SUCH SERVICES AND EMPLOYMENT AND TO PROMOTE
EQUALITY AND SOCIAL INCLUSION AND TO PROVIDE FOR RELATED MATTERS.
[8
th July
, 2005]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Functions in Part 2
transferred and references construed (1.03.2023) by
Specialist Community-Based
Disability Services (Transfer of Departmental Administration and Ministerial
Functions) Order 2022
(S.I. No. 688 of 2022), arts. 2(a), (b)(ii), 4 and
sch., in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.
2. In this Order, “relevant
function” means –
(
a
) any function
transferred by Article 4 of this Order, and
(
b
) any function
transferred to the Minister for Children, Equality, Disability, Integration and
Youth by – ...
(ii) the Disability Act 2005
(No. 14 of 2005),
...
in so far only as the function
consists of, or is connected with, specialist community-based disability services,
within the meaning of the Health Act 2004, or any such other function otherwise
assigned to that Minister by any of those Acts.
3. (1) The administration and
business in connection with the exercise, performance or execution of any relevant
function are transferred to the Department of Children, Equality, Disability,
Integration and Youth.
(2) References to the Department
of Health contained in any Act or any instrument made under such Act and relating
to any administration and business transferred by paragraph (1) of this Article
shall, on and after the commencement of this Order, be construed as references to
the Department of Children, Equality, Disability, Integration and Youth.
4. (1) The functions vested in the
Minister for Health – ...
(
b
) by or under the
provisions of the enactments specified in Part 2 of the Schedule, and
...
are transferred to the Minister
for Children, Equality, Disability, Integration and Youth.
(2) References to the Minister for
Health contained in any Act or instrument made under such Act, and relating to any
relevant function shall, on and after the commencement of this Order, be construed
as references to the Minister for Children, Equality, Disability, Integration and
Youth.
...
SCHEDULE
Article 4
...
Part 2
Part 2 of the Disability Act 2005
...
C2
Functions
transferred and references construed (14.10.2020) by
Disability, Equality,
Human Rights, Integration and Reception (Transfer of Departmental
Administration and Ministerial Functions) Order 2020
(S.I. No. 436 of
2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to
transitional provisions in arts. 4-8.
Note change of name of Department
and title of Minister to Department of and Minister for Children, Equality,
Disability, Integration and Youth made (15.10.2020) by
Children and Youth
Affairs (Alteration of Name of Department and Title of Minister) Order 2020
(S.I. No. 437 of 2020), in effect as per art. 1(2).
2. (1) The administration
and business in connection with the exercise, performance or execution of
any functions transferred by Article 3 are transferred to the Department of
Children and Youth Affairs.
(2) References to the
Department of Justice and Equality contained in any Act or instrument made
under such Act and relating to any administration and business transferred
by paragraph (1) of this Article shall, on and after the commencement of
this Order, be construed as references to the Department of Children and
Youth Affairs.
3. (1) The functions vested
in the Minister for Justice and Equality -
(
a
) by or under the
enactments specified in Schedule 1, and
...
are transferred to the
Minister for Children and Youth Affairs.
...
(3) References to the
Minister for Justice and Equality contained in any Act or instrument made
under such Act, and relating to any functions transferred by this Article
shall, on and after the commencement of this Order, be construed as
references to the Minister for Children and Youth Affairs.
SCHEDULE 1
Article 3(1)(a)
Enactments, functions by
or under which are transferred from the Minister for Justice and Equality to
the Minister for Children and Youth Affairs
...
Disability Act 2005 (No. 14 of
2005)
...
Editorial Notes
E1
Previous affecting provision: functions in relation to Act transferred
and Department of and Minister for Community, Equality and Gaeltacht Affairs
construed (1.04.2011) by
Equality, Integration, Disability and Human Rights
(Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 139 of 2011), arts. 2, 3 and sch., in effect as per art.
1(2), subject to transitional provisions in arts. 4-6; superseded as per C-note
above.
E2
Previous affecting provision: functions in relation to Act transferred
(1.06.2010) by
Equality, Integration, Disability and Human Rights (Transfer of
Departmental Administration and Ministerial Functions) Order 2010
(S.I. No.
217 of 2010), arts. 2, 3 and sch., in effect as per art. 1(2), subject to
transitional provisions in arts. 4-6; superseded as per E-note above.
Annotations
Modifications (not altering text)
C1
Functions in Part 2
transferred and references construed (1.03.2023) by
Specialist Community-Based
Disability Services (Transfer of Departmental Administration and Ministerial
Functions) Order 2022
(S.I. No. 688 of 2022), arts. 2(a), (b)(ii), 4 and
sch., in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.
2. In this Order, “relevant
function” means –
(
a
) any function
transferred by Article 4 of this Order, and
(
b
) any function
transferred to the Minister for Children, Equality, Disability, Integration and
Youth by – ...
(ii) the Disability Act 2005
(No. 14 of 2005),
...
in so far only as the function
consists of, or is connected with, specialist community-based disability services,
within the meaning of the Health Act 2004, or any such other function otherwise
assigned to that Minister by any of those Acts.
3. (1) The administration and
business in connection with the exercise, performance or execution of any relevant
function are transferred to the Department of Children, Equality, Disability,
Integration and Youth.
(2) References to the Department
of Health contained in any Act or any instrument made under such Act and relating
to any administration and business transferred by paragraph (1) of this Article
shall, on and after the commencement of this Order, be construed as references to
the Department of Children, Equality, Disability, Integration and Youth.
4. (1) The functions vested in the
Minister for Health – ...
(
b
) by or under the
provisions of the enactments specified in Part 2 of the Schedule, and
...
are transferred to the Minister
for Children, Equality, Disability, Integration and Youth.
(2) References to the Minister for
Health contained in any Act or instrument made under such Act, and relating to any
relevant function shall, on and after the commencement of this Order, be construed
as references to the Minister for Children, Equality, Disability, Integration and
Youth.
...
SCHEDULE
Article 4
...
Part 2
Part 2 of the Disability Act 2005
...
C2
Functions
transferred and references construed (14.10.2020) by
Disability, Equality,
Human Rights, Integration and Reception (Transfer of Departmental
Administration and Ministerial Functions) Order 2020
(S.I. No. 436 of
2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to
transitional provisions in arts. 4-8.
Note change of name of Department
and title of Minister to Department of and Minister for Children, Equality,
Disability, Integration and Youth made (15.10.2020) by
Children and Youth
Affairs (Alteration of Name of Department and Title of Minister) Order 2020
(S.I. No. 437 of 2020), in effect as per art. 1(2).
2. (1) The administration
and business in connection with the exercise, performance or execution of
any functions transferred by Article 3 are transferred to the Department of
Children and Youth Affairs.
(2) References to the
Department of Justice and Equality contained in any Act or instrument made
under such Act and relating to any administration and business transferred
by paragraph (1) of this Article shall, on and after the commencement of
this Order, be construed as references to the Department of Children and
Youth Affairs.
3. (1) The functions vested
in the Minister for Justice and Equality -
(
a
) by or under the
enactments specified in Schedule 1, and
...
are transferred to the
Minister for Children and Youth Affairs.
...
(3) References to the
Minister for Justice and Equality contained in any Act or instrument made
under such Act, and relating to any functions transferred by this Article
shall, on and after the commencement of this Order, be construed as
references to the Minister for Children and Youth Affairs.
SCHEDULE 1
Article 3(1)(a)
Enactments, functions by
or under which are transferred from the Minister for Justice and Equality to
the Minister for Children and Youth Affairs
...
Disability Act 2005 (No. 14 of
2005)
...
Editorial Notes
E1
Previous affecting provision: functions in relation to Act transferred
and Department of and Minister for Community, Equality and Gaeltacht Affairs
construed (1.04.2011) by
Equality, Integration, Disability and Human Rights
(Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 139 of 2011), arts. 2, 3 and sch., in effect as per art.
1(2), subject to transitional provisions in arts. 4-6; superseded as per C-note
above.
E2
Previous affecting provision: functions in relation to Act transferred
(1.06.2010) by
Equality, Integration, Disability and Human Rights (Transfer of
Departmental Administration and Ministerial Functions) Order 2010
(S.I. No.
217 of 2010), arts. 2, 3 and sch., in effect as per art. 1(2), subject to
transitional provisions in arts. 4-6; superseded as per E-note above.
PART 1
Preliminary and General
Section
1.
Short title and commencement.
2.
Interpretation.
3.
Orders and regulations.
4.
Expenses.
5.
Provision of resources and extent of provision.
6.
Review of operation of Act.
PART 2
Assessment of Need, Service Statements and Redress
7.
Interpretation (
Part 2
).
8.
Independent assessment of need.
9.
Application for an assessment.
10.
Carrying out of assessments.
11.
Service statement.
12.
Exchange of information.
13.
Maintenance of records by Executive, etc.
14.
Complaints in relation to assessments or service statements.
15.
Complaints officers.
16.
Appeals officer.
17.
Annual report and information to Minister.
18.
Appeals from and enforcement of recommendations of complaints officer.
19.
Mediation.
20.
Appeal to High Court.
21.
Regulations.
22.
Enforcement of determinations, etc.
23.
Search warrants.
PART 3
Access to Buildings and Services and Sectoral Plans
24.
Definition.
25.
Access to public buildings.
26.
Access to services, etc.
27.
Accessibility of services supplied to a public body.
28.
Access to information.
29.
Access to heritage sites.
30.
Codes of practice.
31.
Sectoral plans.
32.
Sectoral plan of Minister for Health and Children.
32A.
Sectoral plan of Minister for Children, Equality, Disability,
Integration and Youth.
33.
Sectoral plan of Minister for Social and Family Affairs.
34.
Sectoral plan of Minister for Transport.
35.
Sectoral plan of Minister for Communications, Marine and Natural Resources.
36.
Sectoral plan of Minister for the Environment, Heritage and Local Government.
37.
Sectoral plan of Minister for Enterprise, Trade and Employment.
38.
Complaints.
39.
Inquiry officers.
40.
Application of Ombudsman Act 1980.
PART 4
Genetic Testing
41.
Interpretation (
Part 4
).
42.
Genetic testing and processing of genetic data.
43.
Family history information.
(Repealed)
44.
Review of operation of this Part.
45.
Saver.
PART 5
Public Service Employment
46.
Interpretation (
Part 5
).
47.
Employment in public service.
48.
Monitoring of compliance with this Part.
49.
Action to achieve compliance with this Part.
50.
Codes of practice in respect of employment in public service.
51.
Positive action measures.
PART 6
Centre for Excellence in Universal Design
52.
Amendment of Act of 1999.
PART 7
Miscellaneous
53.
Amendment of section 19 of Broadcasting Act 2001.
54.
Offences by bodies corporate, etc.
55.
Offences.
56.
Further amendment of Act of 1999.
57.
Repeal of sections 17 and 18 of Equal Status Act 2000.
58.
Exclusions.
SCHEDULE
Appeals Officer
Number
14
of
2005