SCHEDULES

E2SCHEDULE 4 Premises Occupied Under Leases

Annotations:
Extent Information
E2

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

C2Part I Occupation by F7EMPLOYER etc

Annotations:
Amendments (Textual)
F7

Sch. 4 Pt. 1: words in heading substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(b) and said words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(b)

Modifications etc. (not altering text)

Joining lessors in proceedings under F5section 17A F6. . .

Annotations:
Amendments (Textual)
F5

Sch. 4: words in cross-heading preceding para. 2 substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(d) and same words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(d)

E1C12

F11

In any proceedings F2on a complaint under section 17A, in a case to which F3section 18A applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined or sisted as a party to the proceedings.

2

The request shall be granted if it is made before the hearing of the complaint begins.

3

The tribunal may refuse the request if it is made after the hearing of the complaint begins.

4

The request may not be granted if it is made after the tribunal has determined the complaint.

5

Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine—

a

whether the lessor has—

i

refused consent to the alteration, or

ii

consented subject to one or more conditions, and

b

if so, whether the refusal or any of the conditions was unreasonable,

6

If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—

a

make such declaration as it considers appropriate;

b

make an order authorising the occupier to make the alteration specified in the order;

c

order the lessor to pay compensation to the complainant.

7

An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.

8

Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under F4section 17A(2).

9

If the tribunal orders the lessor to pay compensation it may not make an order under F4section 17A(2) ordering the occupier to do so.