PART IIIREASONABLE ADJUSTMENTS

Duty of associations to make adjustments: justification13

1

For the purposes of section 21G(6) of the 1995 Act, failure to comply with a duty set out in any of regulations 6 to 9 is justified only if—

a

in the opinion of the association, one or both of the conditions mentioned in paragraph (2) are satisfied; and

b

it is reasonable, in all the circumstances, for it to hold that opinion.

2

The conditions are that—

a

the non-compliance with the duty is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);

b

subject to paragraph (3), the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the non-compliance with the duty is reasonable in that case.

3

The condition at paragraph (2)(b) shall not apply where another person is acting for a disabled person by virtue of—

a

an enduring power of attorney; or

b

functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986.