Office of Public Sector Information
(2) It is the duty of the controller 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 the auxiliary aid or service (but see section 24E(1)).
(3) The first condition is that—
(a) the auxiliary aid or service—
(i) would enable a relevant disabled person to enjoy, or facilitate such a person’s enjoyment of, the premises, but
(ii) would be of little or no practical use to the relevant disabled person concerned if he were neither a person to whom the premises are let nor an occupier of them; and
(b) it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person concerned to enjoy the premises.
(4) The second condition is that—
(a) the auxiliary aid or service—
(i) would enable a relevant disabled person to make use, or facilitate such a person’s making use, of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use, but
(ii) would be of little or no practical use to the relevant disabled person concerned if he were neither a person to whom the premises are let nor an occupier of them; and
(b) it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person concerned to make use of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use.
(1) Subsection (3) applies where—
(a) a controller of let premises has a practice, policy or procedure which has the effect of making it impossible, or unreasonably difficult, for a relevant disabled person—
(i) to enjoy the premises, or
(ii) to make use of any benefit, or facility, which by reason of the letting is one of which he is entitled to make use, or
(b) a term of the letting has that effect,
and (in either case) the conditions specified in subsection (2) are satisfied.
(2) Those conditions are—
(a) that the practice, policy, procedure or term would not have that effect if the relevant disabled person concerned did not have a disability;
(b) that the controller receives a request made by or on behalf of a person to whom the premises are let; and
(c) that it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy, procedure or term so as to stop it having that effect.
(3) It is the duty of the controller 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 the practice, policy, procedure or term so as to stop it having that effect (but see section 24E(1)).
(1) For the purposes of sections 24C and 24D, it is never reasonable for a controller of let premises to have to take steps consisting of, or including, the removal or alteration of a physical feature.
(2) Sections 24C and 24D impose duties only for the purpose of determining whether a person has, for the purposes of section 24A, discriminated against another; and accordingly a breach of any such duty is not actionable as such.
(3) In sections 24C and 24D “relevant disabled person”, in relation to let premises, means a particular disabled person—
(a) who is a person to whom the premises are let; or
(b) who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.
(4) For the purposes of sections 24C and 24D, the terms of a letting of premises include the terms of any agreement which relates to the letting of the premises.
(1) Where a duty under section 24C or 24D is imposed on a controller of let premises by reference to a person who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises, it is unlawful for a controller of the let premises to discriminate against a person to whom the premises are let.
(2) For the purposes of subsection (1), a controller of the let premises discriminates against a person to whom the premises are let if—
(a) the controller treats that person (“T”) less favourably than he treats or would treat other persons whose circumstances are the same as T's; and
(b) he does so because of costs incurred in connection with taking steps to avoid liability under section 24A(1) for failure to comply with the duty.
(3) In comparing T’s circumstances with those of any other person for the purposes of subsection (2)(a), the following (as well as the costs' having been incurred) shall be disregarded—
(a) the making of the request that gave rise to the imposition of the duty; and
(b) the disability of each person who—
(i) is a disabled person or a person who has had a disability, and
(ii) is a person to whom the premises are let or, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.
(1) Where—
(a) a person has premises to let, and
(b) a disabled person is considering taking a letting of the premises,
it is unlawful for a controller of the premises to discriminate against the disabled person.
(2) For the purposes of subsection (1), a controller of premises that are to let discriminates against a disabled person if—
(a) he fails to comply with a duty under section 24J imposed on him by reference to the disabled person; and
(b) he cannot show that failure to comply with the duty is justified (see section 24K).
(3) For the purposes of this section and sections 24H and 24J, a person is a controller of premises that are to let if he is—
(a) a person who has the premises to let; or
(b) a person who manages the premises.
(4) For the purposes of this section and sections 24H and 24J—
(a) “let” includes sub-let;
(b) premises shall be treated as to let by a person to another where a person proposes to grant another a contractual licence to occupy them;
and references to a person considering taking a letting of premises shall be construed accordingly.
(5) This section applies only in relation to premises in the United Kingdom.
(1) Section 24G(1) does not apply in relation to premises that are to let if the premises are, or have at any time been, the only or principal home of an individual who is a person who has them to let and—
(a) the individual does not use, and
(b) where he is not the sole person who has the premises to let, no other person who has the premises to let uses,
the services of an estate agent (within the meaning given by section 22(6)) for the purposes of letting the premises.
(2) Section 24G(1) does not apply if the premises are of a prescribed description.
(3) Where the conditions mentioned in section 23(2) are satisfied, section 24G(1) does not apply.
(4) For the purposes of section 23 “the relevant occupier” means, in a case falling within section 24G(1), a controller of the premises that are to let, or a near relative of his; and “near relative” has here the same meaning as in section 23.
(1) Subsection (2) applies where—
(a) a controller of premises that are to let receives a request made by or on behalf of a relevant disabled person;
(b) it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service;
(c) the auxiliary aid or service—
(i) would enable the relevant disabled person to become, or facilitate his becoming, a person to whom the premises are let, but
(ii) would be of little or no practical use to him if he were not considering taking a letting of the premises; and
(d) it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person to become a person to whom the premises are let.
(2) It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for the controller to have to take in order to provide the auxiliary aid or service (but see subsection (5)).
(3) Subsection (4) applies where—
(a) a controller of premises that are to let has a practice, policy or procedure which has the effect of making it impossible, or unreasonably difficult, for a relevant disabled person to become a person to whom the premises are let;
(b) the practice, policy or procedure would not have that effect if the relevant disabled person did not have a disability;
(c) the controller receives a request made by or on behalf of the relevant disabled person; and
(d) it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy or procedure so as to stop it having that effect.
(4) It is the duty of the controller 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 the practice, policy or procedure so as to stop it having that effect (but see subsection (5)).
(5) For the purposes of this section, it is never reasonable for a controller of premises that are to let to have to take steps consisting of, or including, the removal or alteration of a physical feature.
(6) In this section “relevant disabled person”, in relation to premises that are to let, means a particular disabled person who is considering taking a letting of the premises.
(7) This section imposes duties only for the purpose of determining whether a person has, for the purposes of section 24G, discriminated against another; and accordingly a breach of any such duty is not actionable as such.
(1) For the purposes of sections 24A(2) and 24G(2), a person’s failure to comply with a duty is justified only if—
(a) in his opinion, a condition mentioned in subsection (2) is satisfied; and
(b) it is reasonable, in all the circumstances of the case, for him to hold that opinion.
(2) The conditions are—
(a) that it is necessary to refrain from complying with the duty in order not to endanger the health or safety of any person (which may include that of the disabled person concerned);
(b) that the disabled person concerned is incapable of entering into an enforceable agreement, or of giving informed consent, and for that reason the failure is reasonable.
(3) Regulations may—
(a) make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a person to hold the opinion mentioned in subsection (1)(a);
(b) amend or omit a condition specified in subsection (2) or make provision for it not to apply in prescribed circumstances;
(c) make provision, for purposes of this section, as to circumstances (other than any for the time being mentioned in subsection (2)) in which a failure is to be taken to be justified.
(1) Regulations may make provision, for purposes of sections 24(3A) and (3B) and 24A to 24K—
(a) as to circumstances in which premises are to be treated as let to a person;
(b) as to circumstances in which premises are to be treated as not let to a person;
(c) as to circumstances in which premises are to be treated as being, or as not being, to let;
(d) as to who is to be treated as being, or as to who is to be treated as not being, a person who, although not a person to whom let premises are let, is lawfully under the letting an occupier of the premises;
(e) as to who is to be treated as being, or as to who is to be treated as not being, a person by whom premises are let;
(f) as to who is to be treated as having, or as to who is to be treated as not having, premises to let;
(g) as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises;
(h) as to things which are, or as to things which are not, to be treated as auxiliary aids or services;
(i) as to what is, or as to what is not, to be included within the meaning of “practice, policy or procedure”;
(j) as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a person to have to take steps of a prescribed description;
(k) as to steps which it is always, or as to steps which it is never, reasonable for a person to have to take;
(l) as to circumstances in which it is, or as to circumstances in which it is not, reasonable to regard a request as being of a particular kind;
(m) as to things which are, or as to things which are not, to be treated as physical features;
(n) as to things which are, or as to things which are not, to be treated as alterations of physical features.
(2) Regulations under subsection (1)(a) may (in particular) provide for premises to be treated as let to a person where they are a commonhold unit of which he is a unit-holder; and “commonhold unit”, and “unit-holder” in relation to such a unit, have here the same meaning as in Part 1 of the Commonhold and Leasehold Reform Act 2002.
(3) The powers under subsections (1)(j) and (k) are subject to sections 24E(1) and 24J(5).”
(1) The Secretary of State may by order made by statutory instrument amend, or repeal provisions of, sections 23, 24B and 24H of the 1995 Act—
(a) for the purpose of adding to the conditions for entitlement to the exemptions conferred by sections 23, 24B(3) and 24H(3);
(b) for the purpose of making any of the conditions for entitlement to those exemptions more onerous;
(c) for the purpose of making the conditions for entitlement to those exemptions more onerous overall;
(d) for the purpose of otherwise restricting the cases in which any of those exemptions is available; or
(e) for the purpose of removing those exemptions.
(2) The power under subsection (1) includes power to make consequential repeals of provisions of enactments (including future enactments) that amend section 23, 24B or 24H of the 1995 Act.
(3) No order under this section shall be made unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
In Part 4 of the 1995 Act (education), after Chapter 2 there is inserted—
(1) It is unlawful for a general qualifications body to discriminate against a disabled person—
(a) in the arrangements which it makes for the purpose of determining upon whom to confer a relevant qualification;
(b) in the terms on which it is prepared to confer a relevant qualification on him;
(c) by refusing or deliberately omitting to grant any application by him for such a qualification; or
(d) by withdrawing such a qualification from him or varying the terms on which he holds it.
(2) It is also unlawful for a general qualifications body, in relation to a relevant qualification conferred by it, to subject to harassment a disabled person who holds or applies for such a qualification.
(3) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.
(4) In this section and section 31AD, “relevant qualification” means an authorisation, qualification, approval or certification of a prescribed description.
(5) But an authorisation, qualification, approval or certification may not be prescribed under subsection (4) if it is a professional or trade qualification (within the meaning given by section 14A(5)).
(6) In this Chapter—
(a) “general qualifications body” means any authority or body which can confer a relevant qualification, but it does not include—
(i) a responsible body (within the meaning of Chapter 1 or 2 of this Part),
(ii) a local education authority in England or Wales,
(iii) an education authority (within the meaning of section 135(1) of the Education (Scotland) Act 1980), or
(iv) an authority or body of a prescribed description or in prescribed circumstances;
(b) references (however expressed) to the conferment of a qualification on a person include—
(i) the renewal or extension of a qualification, and
(ii) the authentication of a qualification awarded to him by another person.
(1) For the purposes of section 31AA, a body discriminates against a disabled person if—
(a) for a reason which relates to the disabled person’s disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and
(b) it cannot show that the treatment in question is justified.
(2) For the purposes of section 31AA, a body also discriminates against a disabled person if it fails to comply with a duty imposed on it by section 31AD in relation to the disabled person.
(3) Treatment, other than the application of a competence standard, is (subject to subsections (5) to (7)) justified for the purposes of subsection (1)(b) if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.
(4) The application by a body of a competence standard to a disabled person is (subject to subsections (6) and (7)) justified for the purposes of subsection (1)(b) if, but only if, the body can show that—
(a) the standard is, or would be, applied equally to persons who do not have his particular disability; and
(b) its application is a proportionate means of achieving a legitimate aim.
(5) If, in a case falling within subsection (1) other than a case where the treatment is the application of a competence standard, a body is under a duty under section 31AD in relation to the disabled person but fails to comply with that duty, its treatment of that person cannot be justified under subsection (3) unless it would have been justified even if the body had complied with that duty.
(6) Regulations may make provision, for purposes of this section, as to circumstances in which treatment is, or as to circumstances in which treatment is not, to be taken to be justified (but see subsection (7)).
(7) Treatment of a disabled person cannot be justified under subsection (3), (4) or (6) if it amounts to direct discrimination falling within subsection (8).
(8) A body directly discriminates against a disabled person if, on the ground of the disabled person’s disability, it treats the disabled person less favourably than it treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person.
(9) In this section, “competence standard” means an academic, medical or other standard applied by or on behalf of a general qualifications body for the purpose of determining whether or not a person has a particular level of competence or ability.
(1) For the purposes of section 31AA, a body subjects a disabled person to harassment where, for a reason which relates to the disabled person’s disability, the body engages in unwanted conduct which has the purpose or effect of—
(a) violating the disabled person’s dignity; or
(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for him.
(2) Conduct shall be regarded as having the effect referred to in paragraph (a) or (b) of subsection (1) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect.
(1) Where—
(a) a provision, criterion or practice, other than a competence standard, is applied by or on behalf of a general qualifications body,
(b) it is a provision, criterion or practice for determining on whom a relevant qualification is to be conferred,
(c) a disabled person is, or has notified the body that he may be, an applicant for the conferment of that qualification, and
(d) the provision, criterion or practice places the disabled person at a substantial disadvantage in comparison with persons who are not disabled,
it is the duty of the body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice having that effect.
(2) Where—
(a) a provision, criterion or practice, other than a competence standard, is applied by or on behalf of a general qualifications body,
(b) it is a provision, criterion or practice other than one for determining on whom a relevant qualification is to be conferred, and
(c) it places a disabled person who—
(i) holds a relevant qualification conferred by the body, or
(ii) applies for a relevant qualification which the body confers,
at a substantial disadvantage in comparison with persons who are not disabled,
it is the duty of the body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice having that effect.
(3) Where any physical feature of premises occupied by a general qualifications body places a disabled person who—
(a) holds a relevant qualification conferred by the body, or
(b) applies for a relevant qualification which the body confers,
at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the feature having that effect.
(4) Nothing in subsection (1), (2) or (3) imposes a duty on a general qualifications body in relation to a disabled person if the body does not know, and could not reasonably be expected to know—
(a) in the case of an applicant or potential applicant for the conferment of a relevant qualification, that the disabled person concerned is, or may be, such an applicant; or
(b) in any case, that that person has a disability and is likely to be affected in the way mentioned in that subsection.
(5) In this section—
(a) “provision, criterion or practice” includes (subject to any provision under subsection (6)(e)) any arrangements;
(b) “competence standard” has the meaning given by section 31AB(9).
(6) Regulations may make provision, for purposes of this section—
(a) as to circumstances in which a provision, criterion or practice is to be taken to have, or as to circumstances in which a provision, criterion or practice is to be taken not to have, the effect mentioned in subsection (1)(d) or (2)(c);
(b) as to circumstances in which a physical feature is to be taken to have, or as to circumstances in which a physical feature is to be taken not to have, the effect mentioned in subsection (3);
(c) as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a body to have to take steps of a prescribed description;
(d) as to steps which it is always, or as to steps which it is never, reasonable for a body to have to take;
(e) as to what is, or as to what is not, to be included within the meaning of “provision, criterion or practice”;
(f) as to things which are, or as to things which are not, to be treated as physical features.
(7) This section imposes duties only for the purpose of determining whether a body has, for the purposes of section 31AA, discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
(1) Regulations may make provision for, or in connection with, the making of a claim by a person—
(a) that a general qualifications body has discriminated against him, or subjected him to harassment, in a way which is unlawful under this Chapter;
(b) that a general qualifications body is by virtue of section 57 or 58 to be treated as having done so; or
(c) that a person is by virtue of section 57 to be treated as having done so.
(2) Regulations may, in relation to a case where premises are occupied by a general qualifications body under a lease—
(a) make provision modifying the lease, or make provision for its modification, in connection with the making of alterations to the premises in pursuance of a duty imposed on the body by section 31AD;
(b) make provision in connection with the determination of questions that are about the body’s compliance with any such duty and are related to the making of alterations to the premises.
(3) Any term in a contract or other agreement made by or on behalf of a general qualifications body is void so far as it purports to—
(a) require a person to do anything which would contravene any provision of, or made under, this Chapter;
(b) exclude or limit the operation of any provision of, or made under, this Chapter; or
(c) prevent any person making a claim of a kind mentioned in subsection (1).
(4) Regulations may—
(a) make provision for subsection (3)(b) or (c) not to apply to an agreement settling a claim of a kind mentioned in subsection (1);
(b) make provision modifying an agreement to which subsection (3) applies, or make provision for the modification of such an agreement, in order to take account of the effect of that subsection.
(5) The provision that may be made under subsection (1), (2) or (4) includes (in particular)—
(a) provision as to the court or tribunal to which a claim, or an application in connection with a modification, may be made;
(b) provision for the determination of claims or matters otherwise than by the bringing of proceedings before a court or tribunal;
(c) provision for a person who is a lessor in relation to a lease under which a general qualifications body occupies premises to be made a party to proceedings;
(d) provision as to remedies;
(e) provision as to procedure;
(f) provision as to appeals;
(g) provision as to time limits;
(h) provision as to evidence;
(i) provision as to costs or expenses.
(6) Provision under subsection (1), (2) or (4) may take the form of amendments of this Act.
(7) Regulations may make provision as to the meaning of “lease” or “lessor” in this section.
(8) Except as provided in regulations under subsection (1), no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under this Chapter.
(9) Subsection (8) does not prevent the making of an application for judicial review.
Disability Discrimination Act 2005