The Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under paragraphs 13 and 14 of Schedule 4 of the Disability Discrimination Act 1995 and contain provisions in respect of consents required under the terms of leases and sub-leases occupied by educational institutions whose governing bodies are subject to the duty of reasonable adjustment set out in section 28T of that Act.

Regulations 3 to 5 set out circumstances for the purposes of section 28W of, and Part 3 of Schedule 4 to the Act, where a lessor will be taken to have withheld his consent or to have reasonably or unreasonably withheld his consent to an application to make an alteration to premises made by or on behalf of the service provider.

Regulation 6 sets out conditions for the purposes of section 28W of, and Part 3 of Schedule 4 to the Act, that it is reasonable for a lessor to attach to a grant of consent to an alteration of premises.

Regulation 7 modifies certain provisions of section 28W of, and Schedule 4 to, the Act that apply to a landlord who is the service provider’s immediate landlord so that they apply to a landlord who is a service provider’s superior landlord.