Disability Discrimination Act 1995

[F4 6B Partnerships: duty to make adjustments E+W+S

 

(1) Where—

(a) a provision, criterion or practice applied by or on behalf of a firm, or

(b) any physical feature of premises occupied by the firm,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the firm to take such steps as it is reasonable, in all the circumstances of the case, for them to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

(2) In this section, “the disabled person concerned” means—

(a) in the case of a provision, criterion or practice for determining to whom the position of partner should be offered, any disabled person who is, or has notified the firm that he may be, a candidate for that position;

(b) in any other case, a disabled person who is—

(i) a partner, or

(ii) a candidate for the position of partner.

(3) Nothing in this section imposes any duty on a firm in relation to a disabled person if the firm do not know, and could not reasonably be expected to know—

(a) in the case of a candidate or potential candidate, that the disabled person concerned is, or may be, a candidate for the position of partner; or

(b) in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

(4) Where a firm are required by this section to take any steps in relation to the disabled person concerned, the cost of taking those steps shall be treated as an expense of the firm; and the extent to which such cost should be borne by that person, where he is or becomes a partner in the firm, shall not exceed such amount as is reasonable, having regard in particular to the proportion in which he is entitled to share in the firm’s profits.]

Extent Information

E1 This section extends to England and Wales and Scotland only; a separate s. 6B exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F4 Ss. 6A-6C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003

(S.I. 2003/1673), regs. 1(2)(3), {6}

[F3 6B Partnerships: duty to make adjustments N.I.

(1) Where –

(a) a provision, criterion or practice applied by or on behalf of a firm, or

(b) any physical feature of premises occupied by the firm,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the firm to take such steps as it is reasonable, in all the circumstances of the case, for them to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

(2) In this section, “the disabled person concerned” means –

(a) in the case of a provision, criterion or practice for determining to whom the position of partner should be offered, any disabled person who is, or has notified the firm that he may be, a candidate for that position;

(b) in any other case, a disabled person who is –

(i) a partner, or

(ii) a candidate for the position of partner.

(3) Nothing in this section imposes any duty on a firm in relation to a disabled person if the firm do not know, and could not reasonably be expected to know –

(a) in the case of a candidate or potential candidate, that the disabled person concerned is, or may be, a candidate for the position of partner; or

(b) in any case, that that person has a disability and is likely to be affected in the way mentioned in subsection (1).

(4) Where a firm are required by this section to take any steps in relation to the disabled person concerned, the cost of taking those steps shall be treated as an expense of the firm; and the extent to which such cost should be borne by that person, where he is or becomes a partner in the firm, shall not exceed such amount as is reasonable, having regard in particular to the proportion in which he is entitled to share in the firm’s profits.]

Extent Information

E2 This section extends to Northern Ireland only; a separate s. 6B for England, Wales and Scotland only repealed (1.10.2010).