for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply, and

he cannot show that the treatment in question is justified.

violating the disabled person’s dignity, or

creating an intimidating, hostile, degrading, humiliating or offensive environment for him.

in the arrangements which he makes for the purpose of determining to whom he should offer employment;

in the terms on which he offers that person employment; or

by refusing to offer, or deliberately not offering, him employment.

in the terms of employment which he affords him;

in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit;

by refusing to afford him, or deliberately not affording him, any such opportunity; or

by dismissing him, or subjecting him to any other detriment.

a disabled person whom he employs; or

a disabled person who has applied to him for employment.

that provision differs in a material respect from the provision of the benefits by the employer to his employees;

the provision of the benefits to the employee in question is regulated by his contract of employment; or

the benefits relate to training.

to the termination of that person’s employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms; and

to the termination of that person’s employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer.

a provision, criterion or practice applied by or on behalf of an employer, or

any physical feature of premises occupied by the employer,

in the case of a provision, criterion or practice for determining to whom employment should be offered, any disabled person who is, or has notified the employer that he may be, an applicant for that employment;

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the employment; or

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

in the terms on which he allows him to do that work;

by not allowing him to do it or continue to do it;

in the way he affords him access to any benefits or by refusing or deliberately omitting to afford him access to them; or

by subjecting him to any other detriment.

a provision, criterion or practice applied by or on behalf of all or most of the principals to whom he is or might be supplied, or

a physical feature of premises occupied by such persons,

no relevant provision of this Part applies in relation to an appointment to the office or post; and

one or more of the conditions specified in subsection (3) is satisfied.

the office or post is one to which persons are appointed to discharge functions personally under the direction of another person, and in respect of which they are entitled to remuneration;

the office or post is one to which appointments are made by a Minister of the Crown, a Northern Ireland Minister or a government department;

the office or post is one to which appointments are made on the recommendation of, or subject to the approval of, a body or person referred to in paragraph (b) or the Assembly.

is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions;

any office of the House of Commons held by a member of it;

a life peerage within the meaning of the Life Peerages Act 1958 , or any office of the House of Lords held by a member of it;

any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975;

any office of the Assembly held by a member of it;

any office of a district council held by a member of it; or

any office of a political party.

in the arrangements which he makes for the purpose of determining who should be offered the appointment;

in the terms on which he offers him the appointment; or

by refusing to offer him the appointment.

in the arrangements which he makes for the purpose of determining who should be recommended or approved in relation to the appointment; or

in making or refusing to make a recommendation, or giving or refusing to give an approval, in relation to the appointment.

in the terms of the appointment;

in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit, or by refusing to afford him any such opportunity;

by terminating the appointment; or

by subjecting him to any other detriment in relation to the appointment.

who has been appointed to the office or post;

who is seeking or being considered for appointment to the office or post; or

who is seeking or being considered for a recommendation or approval in relation to an appointment to an office or post satisfying the condition set out in section 4C(3)(c).

that provision differs in a material respect from the provision of the benefits to persons appointed to offices or posts which are the same as, or not materially different from, that to which the disabled person has been appointed;

the provision of the benefits to the person appointed is regulated by the terms and conditions of his appointment; or

the benefits relate to training.

to the termination of the appointment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the appointment is renewed on the same terms and conditions; and

to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment by reason of the conduct of the relevant person.

references to making a recommendation include references to making a negative recommendation; and

references to refusal include references to deliberate omission.

a provision, criterion or practice applied by or on behalf of a relevant person, or

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

in a case relating to an appointment to an office or post, the person with power to make that appointment;

in a case relating to the making of a recommendation or the giving of an approval in relation to an appointment, a person or body referred to in section 4C(3)(b) with power to make that recommendation or (as the case may be) to give that approval;

in a case relating to a term of an appointment, the person with power to determine that term;

in a case relating to the termination of an appointment, the person with power to terminate the appointment;

in a case relating to the subjection of a disabled person to any other detriment or to harassment, any person or body falling within one or more of paragraphs (a) to (e) in relation to such cases as are there mentioned.

any opportunity for promotion, a transfer, training or receiving any other benefit; and

any physical feature of premises at or from which the functions of an office or post are performed.

a requirement that the trustees or managers of the scheme refrain from discriminating against a relevant disabled person in carrying out any of their functions in relation to the scheme (including in particular their functions relating to the admission of members to the scheme and the treatment of members of the scheme);

a requirement that the trustees or managers of the scheme do not subject a relevant disabled person to harassment in relation to the scheme.

to discriminate against a relevant disabled person contrary to requirement (a) of the non-discrimination rule; or

to subject a relevant disabled person to harassment contrary to requirement (b) of the non-discrimination rule.

they do not (apart from this subsection) have power to make such alterations to the scheme as may be required to secure conformity with the non-discrimination rule, or

a provision, criterion or practice (including a scheme rule) applied by or on behalf of the trustees or managers of an occupational pension scheme, or

any physical feature of premises occupied by the trustees or managers,

that the disabled person is a relevant disabled person; or

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

the disabled person is not a pensioner member of the scheme; and

the tribunal finds that the complaint is well-founded.

(where subsection (1)(b)(i) applies) to be admitted to the scheme in question; or

(where subsection (1)(b)(ii) applies) to membership of the scheme without discrimination.

may be made in respect of such period as the declaration may specify (but may not be made in respect of any period before the coming into operation of this section);

may make such provision as the tribunal considers appropriate as to the terms upon which, or the capacity in which, the disabled person is to enjoy such admission or membership.

compensation for injury to feelings;

compensation pursuant to section 17A(5).

entitled to the present payment of dependants' or survivors' benefits under an occupational pension scheme; or

a pension credit member of such a scheme,

in the arrangements which they make for the purpose of determining who should be offered that position;

in the terms on which they offer him that position;

by refusing or deliberately omitting to offer him that position; or

to the termination of that person’s partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and

to the termination of that person’s partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.

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

any physical feature of premises occupied by the firm,

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;

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

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

in the arrangements which he makes for the purpose of determining whom he will take as his pupil;

in respect of any terms on which he offers to take the disabled person as his pupil; or

by refusing, or deliberately omitting, to take the disabled person as his pupil.

in respect of any terms applicable to him as a pupil;

in the opportunities for training, or gaining experience, which are afforded or denied to him;

in the benefits which are afforded or denied to him;

by terminating the relationship or by subjecting him to any pressure to leave; or

by subjecting him to any other detriment.

a provision, criterion or practice applied by or on behalf of a barrister, or

any physical feature of premises occupied by, and under the control of, a barrister,

in the case of a provision, criterion or practice for determining whom he will take as his pupil, any disabled person who has applied, or has notified the barrister that he may apply, to be taken as a pupil;

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, applying to be taken as his pupil; or

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

has discriminated against him in a way which is unlawful under this Part, or

is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,

making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;

ordering the respondent to pay compensation to the complainant;

recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.

increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or

make an order under subsection (2)(b).

for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and

specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.

has discriminated against him in a way which is unlawful under this Part, or

is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way,

making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;

ordering the respondent to pay compensation to the complainant;

recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.

increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or

make an order under subsection (2)(b).

for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and

specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.

in the arrangements which it makes for the purpose of determining who should be offered membership of the organisation;

in the terms on which it is prepared to admit him to membership of the organisation; or

by refusing to accept, or deliberately not accepting, his application for membership.

in the way it affords him access to any benefits or by refusing or deliberately omitting to afford him access to them;

by depriving him of membership, or varying the terms on which he is a member; or

by subjecting him to any other detriment.

is a member of the organisation; or

has applied for membership of the organisation.

an organisation of workers;

an organisation of employers; or

any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists.

a provision, criterion or practice applied by or on behalf of a trade organisation, or

any physical feature of premises occupied by the organisation,

in the case of a provision, criterion or practice for determining to whom membership should be offered, any disabled person who is, or has notified the organisation that he may be, an applicant for membership;

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for membership of the organisation; or

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

in the arrangements which it makes for the purpose of determining upon whom to confer a professional or trade qualification;

in the terms on which it is prepared to confer a professional or trade qualification on him;

by refusing or deliberately omitting to grant any application by him for such a qualification; or

by withdrawing such a qualification from him or varying the terms on which he holds it.

the standard is, or would be, applied equally to persons who do not have his particular disability; and

its application is a proportionate means of achieving a legitimate aim.

section 3A(2) (and (6)) does not apply; and

section 3A(4) has effect as if the reference to section 3A(3) were a reference to subsection (3) of this section.

a provision, criterion or practice, other than a competence standard, applied by or on behalf of a qualifications body; or

any physical feature of premises occupied by a qualifications body,

in the case of a provision, criterion or practice for determining on whom a professional or trade qualification is to be conferred, any disabled person who is, or has notified the qualifications body that he may be, an applicant for the conferment of that qualification;

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the conferment of a professional or trade qualification; or

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

in the arrangements which he makes for the purpose of determining who should be offered a work placement;

in the terms on which he affords him access to any work placement or any facilities concerned with such a placement;

by refusing or deliberately omitting to afford him such access;

by terminating the placement; or

by subjecting him to any other detriment in relation to the placement.

a disabled person to whom he is providing a placement; or

a disabled person who has applied to him for a placement.

to anything which is unlawful under any provision of section 4, sections 19 to 21A, sections 21F to 21J or Part 4; or

to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act.

a provision, criterion or practice applied by or on behalf of a placement provider, or

any physical feature of premises occupied by the placement provider,

in the case of a provision, criterion or practice for determining to whom a work placement should be offered, any disabled person who is, or has notified the placement provider that he may be, an applicant for that work placement;

in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for the work placement; or

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

as member of the council;

as member of any body to which he is appointed by, or is appointed following nomination by, the council or a group of bodies that includes the council; or

as member of any other body if it is a public body.

in the opportunities which it affords the disabled person to receive training, or any other facility, for his carrying-out of official business;

by refusing to afford, or deliberately not affording, the disabled person any such opportunities; or

by subjecting the disabled person to any other detriment in connection with his carrying-out of official business.

his not being appointed or elected to an office of the council;

his not being appointed or elected to, or to an office of, a committee or sub-committee of the council; or

his not being appointed or nominated in exercise of any power of the council, or of a group of bodies that includes the council, to appoint, or nominate for appointment, to any body.

a provision, criterion or practice applied by or on behalf of a council, or

any physical feature of premises occupied by, or under the control of, a council,

has a disability; and

is likely to be affected in the way mentioned in subsection (1).

as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken to have the effect mentioned in subsection (1);

as to circumstances in which a provision, criterion or practice, or physical feature, is to be taken not to have the effect mentioned in subsection (1);

as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a council to have to take steps of a prescribed description;

as to steps which it is always, or as to steps which it is never, reasonable for a council to have to take;

as to things which are, or as to things which are not, to be treated as physical features.

there has been a relevant relationship between a disabled person and another person (“the relevant person”), and

the relationship has come to an end.

a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under any preceding provision of this Part , other than sections 15B and 15C; or

a relationship between a person providing employment services . . . and a person receiving such services.

to discriminate against the disabled person by subjecting him to a detriment, or

to subject the disabled person to harassment,

a provision, criterion or practice applied by the relevant person to the disabled person in relation to any matter arising out of the relevant relationship, or

a physical feature of premises which are occupied by the relevant person,

invites applications for a relevant appointment or benefit; and

that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful; and

that it was reasonable for him to rely on the statement.

any employment, promotion or transfer of employment;

membership of, or a benefit under, an occupational pension scheme;

an appointment to any office or post to which section 4D applies;

any partnership in a firm (within the meaning of section 6A);

any pupillage (within the meaning of section 7A);

any membership of a trade organisation (within the meaning of section 13);

any professional or trade qualification (within the meaning of section 14A);

any work placement (within the meaning of section 14C);

any employment services . . . .

who has authority over another person, or

in accordance with whose wishes that other person is accustomed to act,

providing or offering to provide him with any benefit, or

subjecting or threatening to subject him to any detriment.

has discriminated against him F94, or subjected him to harassment, in a way which is unlawful under this Part, or

is, by virtue of section 57 or 58, to be treated as having F95done so,

making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;

ordering the respondent to pay compensation to the complainant;

recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates.

increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or

make an order under subsection (2)(b).

for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and

specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined.

a tribunal has made a finding pursuant to subsection (3) that a person has done an act which is unlawful under section 16B(1) or 16C,

that finding has become final, and

it appears to the Commission that, unless restrained, he is likely to do a further act which is unlawful under section 16B(1) or (as the case may be) section 16C,

F108a person to whom a duty to make reasonable adjustments applies(“the occupier”) occupies premises under a lease;

but for this section, the occupier would not be entitled to make a particular alteration to the premises; and

the alteration is one which the occupier proposes to make in order to comply with F109that duty.

for the occupier to be entitled to make the alteration with the written consent of the lessor;

for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;

if such an application is made, for the lessor not to withhold his consent unreasonably; and

for the lessor to be entitled to make his consent subject to reasonable conditions.

for the lessee to have to make a written application to the lessor for consent to the alteration;

if such an application is made, for the lessor not to withhold his consent unreasonably; and

for the lessor to be entitled to make his consent subject to reasonable conditions.

impose conditions which are to apply if the occupier alters the premises, or

entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,

the extent to which taking the step would prevent the effect in relation to which the duty is imposed;

the extent to which it is practicable for him to take the step;

the financial and other costs which would be incurred by him in taking the step and the extent to which taking it would disrupt any of his activities;

the extent of his financial and other resources;

the availability to him of financial or other assistance with respect to taking the step;

the nature of his activities and the size of his undertaking;

making adjustments to premises;

allocating some of the disabled person’s duties to another person;

transferring him to fill an existing vacancy;

altering his hours of working or training;

assigning him to a different place of work or training;

allowing him to be absent during working or training hours for rehabilitation, assessment or treatment;

giving, or arranging for, training or mentoring (whether for the disabled person or any other person);

acquiring or modifying equipment;

modifying instructions or reference manuals;

modifying procedures for testing or assessment;

providing a reader or interpreter;

providing supervision or other support.

it is always reasonable for him to have to take steps to obtain that consent; and

it is never reasonable for him to have to make that alteration before that consent is obtained.

affects any charitable instrument which provides for conferring benefits on one or more categories of person determined by reference to any physical or mental capacity; or

makes unlawful any act done by a charity in pursuance of any of its charitable purposes, so far as those purposes are connected with persons so determined.

a person who provides supported employment from treating members of a particular group of disabled persons more favourably than other persons in providing such employment; or

the Department for Employment and Learning from agreeing to arrangements for the provision of supported employment which will, or may, have that effect.

“Part 2 relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and

in relation to a Part 2 relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.

in refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public;

in failing to comply with any duty imposed on him by section 21 in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service;

in the standard of service which he provides to the disabled person or the manner in which he provides it to him; or

in the terms on which he provides a service to the disabled person.

the provision of services includes the provision of any goods or facilities;

a person is “a provider of services” if he is concerned with the provision, in the United Kingdom, of services to the public or to a section of the public; and

it is irrelevant whether a service is provided on payment or without payment.

access to and use of any place which members of the public are permitted to enter;

access to and use of means of communication;

access to and use of information services;

accommodation in a hotel, boarding house or other similar establishment;

facilities by way of banking or insurance or for grants, loans, credit or finance;

facilities for entertainment, recreation or refreshment;

facilities provided by employment agencies or under F121sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950;

the services of any profession or trade, or any local or other public authority.

for a reason which relates to the disabled person's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and

he cannot show that the treatment in question is justified.

he fails to comply with a section 21 duty imposed on him in relation to the disabled person; and

he cannot show that his failure to comply with that duty is justified.

in the opinion of the provider of services, one or more of the conditions mentioned in subsection (4) are satisfied; and

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

in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);

in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case;

in a case falling within section 19(1)(a), the treatment is necessary because the provider of services would otherwise be unable to provide the service to members of the public;

in a case falling within section 19(1)(c) or (d), the treatment is necessary in order for the provider of services to be able to provide the service to the disabled person or to other members of the public;

in a case falling within section 19(1)(d), the difference in the terms on which the service is provided to the disabled person and those on which it is provided to other members of the public reflects the greater cost to the provider of services in providing the service to the disabled person.

it is reasonable for a provider of services to hold the opinion mentioned in subsection (3)(a);

it is not reasonable for a provider of services to hold that opinion.

a person is acting for a disabled person under a power of attorney;

functions conferred by or under F126the Mental Capacity Act 2005 are exercisable in relation to a disabled person's property or affairs; or

powers are exercisable in relation to a disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor.

remove the feature;

alter it so that it no longer has that effect;

provide a reasonable means of avoiding the feature; or

provide a reasonable alternative method of making the service in question available to disabled persons.

matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection (2)(c) or (d) is reasonable; and

categories of providers of services to whom subsection (2) does not apply.

enable disabled persons to make use of a service which a provider of services provides, or is prepared to provide, to members of the public, or

facilitate the use by disabled persons of such a service,

as to circumstances in which it is reasonable for a provider of services to have to take steps of a prescribed description;

as to circumstances in which it is not reasonable for a provider of services to have to take steps of a prescribed description;

as to what is to be included within the meaning of “practice, policy or procedure”;

as to what is not to be included within the meaning of that expression;

as to things which are to be treated as physical features;

as to things which are not to be treated as such features;

as to things which are to be treated as auxiliary aids or services;

as to things which are not to be treated as auxiliary aids or services.

aggregate amounts of expenditure incurred in relation to different cases;

prescribed periods;

services of a prescribed description;

premises of a prescribed description; or

such other criteria as may be prescribed.

in not providing, or in providing, him with a vehicle; or

in not providing, or in providing, him with services when he is travelling in a vehicle provided in the course of the transport service.

to have to take steps which would involve the alteration or removal of a physical feature of a vehicle used in providing the service;

vocational guidance;

vocational training; or

services to assist a person to obtain or retain employment, or to establish himself as self-employed.

to whom he is providing such services, or

who has requested him to provide such services;

in subsection (1)(b), for “section 21” there were substituted “ subsection (2) or (4) of section 21 ”;

in subsection (2), for “sections 20 to 21ZA” there were substituted sections 20 to 21A.

in subsection (2)(a), for “a section 21 duty imposed” there were substituted “ a duty imposed by subsection (2) or (4) of section 21 ”;

in subsection (1), for “makes it impossible or unreasonably difficult for disabled persons to make use of” there were substituted places disabled persons at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of;

includes any person certain of whose functions are functions of a public nature; but

does not include any person mentioned in subsection (3).

either House of Parliament;

a person exercising functions in connection with proceedings in Parliament;

the Assembly;

a person exercising functions in connection with proceedings in the Assembly;

the Security Service;

the Secret Intelligence Service;

the Government Communications Headquarters; and

a unit, or part of a unit, of any of the naval, military or air forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

does not apply to anything which is unlawful under any provision of this Act other than subsection (1) or under any provision of the 2005 Order;

does not, subject to subsections (8) and (9), apply to anything which would be unlawful under any such provision but for the operation of any provision in or made under this Act or that Order.

none of the conditions specified in section 4C(3) is satisfied in relation to the office or post; and

sections 4D and 4E would apply in relation to an appointment to the office or post if any of those conditions was satisfied.

the office or post is not membership of a House of Parliament, the Assembly or a district council;

none of the conditions specified in section 4C(3) is satisfied in relation to the office or post; and

shall not be taken to prejudice the generality of subsection (1); but

are subject to section 21C(5).

a judicial act (whether done by a court, tribunal or other person); or

an act done on the instructions, or on behalf, of a person acting in a judicial capacity.

a decision not to institute criminal proceedings;

where such a decision is made, an act done for the purpose of enabling the decision to be made;

a decision not to continue criminal proceedings; or

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

it cannot show that the treatment in question is justified under subsection (3), (5) or (7)(c).

it cannot show that its failure to comply with that duty is justified under subsection (3), (5) or (7)(c).

in the opinion of the public authority, one or more of the conditions specified in subsection (4) are satisfied; and

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

that the treatment, or 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);

that the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment, or non-compliance with the duty, is reasonable in the particular case;

that, in the case of treatment mentioned in subsection (1), treating the disabled person equally favourably would in the particular case involve substantial extra costs and, having regard to resources, the extra costs in that particular case would be too great;

that the treatment, or non-compliance with the duty, is necessary for the protection of the rights and freedoms of other persons.

amend or omit a condition specified in subsection (4) or make provision for it not to apply in prescribed circumstances;

amend or omit subsection (5) or make provision for it not to apply in prescribed circumstances;

make provision for purposes of this section (in addition to any provision for the time being made by subsections (3) to (5)) as to circumstances in which treatment, or a failure to comply with a duty, is to be taken to be justified.

impossible or unreasonably difficult for disabled persons to receive any benefit that is or may be conferred, or

unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,

impossible or unreasonably difficult for disabled persons to receive any benefit that is or may be conferred, or

unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,

remove the feature;

alter it so that it no longer has that effect;

provide a reasonable means of avoiding the feature; or

adopt a reasonable alternative method of carrying out the function.

matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection (4)(c) or (d) is reasonable;

categories of public authorities to whom subsection (4) does not apply.

enable disabled persons to receive, or facilitate the receiving by disabled persons of, any benefit that is or may be conferred, or

reduce the extent to which it is adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,

as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a public authority to have to take steps of a prescribed description;

as to steps which it is always, or as to steps which it is never, reasonable for a public authority to have to take;

as to what is, or as to what is not, to be included within the meaning of “practice, policy or procedure”;

as to things which are, or as to things which are not, to be treated as physical features;

as to things which are, or as to things which are not, to be treated as auxiliary aids or services.

it has twenty-five or more members;

admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of section 19(2); and

it is not an organisation to which section 13 applies.

in the terms on which it is prepared to admit him to membership; or

by refusing or deliberately omitting to accept his application for membership.

in the way it affords him access to a benefit, facility or service;

by refusing or deliberately omitting to afford him access to a benefit, facility or service;

in either case, by subjecting him to any other detriment.

in the way it affords him access to a benefit, facility or service,

by refusing or deliberately omitting to afford him access to a benefit, facility or service, or

by subjecting him to any other detriment,

in the terms on which it is prepared to invite him, or permit a member or associate to invite him, to be a guest of the association;

by refusing or deliberately omitting to invite him to be a guest of the association; or

by not permitting a member or associate to invite him to be a guest of the association.

for a reason which relates to the disabled person’s disability, the association treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and

it cannot show that the treatment in question is justified.

in the opinion of the association, one or more of the conditions mentioned in subsection (3) are satisfied; and

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

the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);

the disabled person is incapable of entering into an enforceable agreement, or giving an informed consent, and for that reason the treatment is reasonable in that case;

in a case falling within section 21F(2)(a), (3)(a), (c)(ii), (d)(ii) or (e), (4)(a) or (c) or (5)(a), the treatment is necessary in order for the association to be able to afford members, associates or guests of the association, or the disabled person, access to a benefit, facility or service;

in a case falling within section 21F(2)(b), (3)(b), (c)(i) or (d)(i), (4)(b) or (5)(b) or (c), the treatment is necessary because the association would otherwise be unable to afford members, associates or guests of the association access to a benefit, facility or service;

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 an association to hold the opinion mentioned in subsection (2)(a);

amend or omit a condition specified in subsection (3) or make provision for it not to apply in prescribed circumstances;

make provision as to circumstances (other than any for the time being mentioned in subsection (3)) in which treatment is to be taken to be justified for the purposes of subsection (1).

it fails to comply with a duty under section 21H imposed on it in relation to the disabled person; and

it cannot show that its failure to comply with that duty is justified.