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- Point in Time (25/04/2000)
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There are currently no known outstanding effects for the Disability Discrimination Act 1995, Section 18A.
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Valid from 03/07/2003
(1)This section applies where—
(a)[F3a person to whom a duty to make reasonable adjustments applies](“the occupier”) occupies premises under a lease;
(b)but for this section, the occupier would not be entitled to make a particular alteration to the premises; and
(c)the alteration is one which the occupier proposes to make in order to comply with [F4that duty].
(2)Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—
(a)for the occupier to be entitled to make the alteration with the written consent of the lessor;
(b)for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;
(c)if such an application is made, for the lessor not to withhold his consent unreasonably; and
(d)for the lessor to be entitled to make his consent subject to reasonable conditions.
[F5(2A)Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided—
(i)for the lessee to have to make a written application to the lessor for consent to the alteration;
(ii)if such an application is made, for the lessor not to withhold his consent unreasonably; and
(iii)for the lessor to be entitled to make his consent subject to reasonable conditions.]]
(3)In this section—
“lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and
“sub-lease” and “sub-tenancy” have such meaning as may be prescribed.
(4)If the terms and conditions of a lease—
(a)impose conditions which are to apply if the occupier alters the premises, or
(b)entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,
the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.
(5)Part I of Schedule 4 supplements the provisions of this section.
Textual Amendments
F2S. 16 moved and renumbered (as s. 18A) (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 14(2); S.R. 2004/55, regs. 1(2)(3), 14(2)
F3Words in s. 18A(1)(a) substituted (E.W.S.) (3.7.2003 for certain purposes) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 14(3)(a)
F4Words in s. 18A(1)(c) substituted (E.W.S.) (3.7.2003 for certain purposes) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 14(3)(a)
F5S. 16(2A) added (7.6.1996) by S.I. 1996/1333, reg. 4(2)
Modifications etc. (not altering text)
C1S. 16 modified (E.W.) (2.3.1998) by S.I. 1998/218, arts. 1(2), 3(1), Sch. (with art. 3(2)(b))
S. 16 modified (7.6.1996) by S.I. 1996/1333, reg. 4(a)
S. 16 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.
C2Ss. 16 modified (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order (S.I. 2003/1964), art. 3, {Sch.}
Commencement Information
I1S. 16 wholly in force at 2.12.1996; s. 16 not in force at Royal Assent see s. 70(3); s. 16(3)(5) in force for certain purposes (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(d); s. 16(3)(5) in force for certain purposes (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(d); s. 16(5) in force insofar as not already in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 16(5) in force (N.I.) insofar as not already in force at 1.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 16(3) in force (E.W.S.) insofar as not already in force at 2.12.1996 by S.I. 1996/3003, art. 3; s. 16(3) in force insofar as not already in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 16(1)(2)(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 16(1)(2)(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II
(1)This section applies where—
(a)[F7a person to whom a duty to make reasonable adjustments applies](“the occupier”) occupies premises under a lease;
(b)but for this section, the occupier would not be entitled to make a particular alteration to the premises; and
(c)the alteration is one which the occupier proposes to make in order to comply with [F8that duty].
(2)Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—
(a)for the occupier to be entitled to make the alteration with the written consent of the lessor;
(b)for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;
(c)if such an application is made, for the lessor not to withhold his consent unreasonably; and
(d)for the lessor to be entitled to make his consent subject to reasonable conditions.
[F5(2A)Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided—
(i)for the lessee to have to make a written application to the lessor for consent to the alteration;
(ii)if such an application is made, for the lessor not to withhold his consent unreasonably; and
(iii)for the lessor to be entitled to make his consent subject to reasonable conditions.]]
(3)In this section—
“lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and
“sub-lease” and “sub-tenancy” have such meaning as may be prescribed.
(4)If the terms and conditions of a lease—
(a)impose conditions which are to apply if the occupier alters the premises, or
(b)entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,
the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.
(5)Part I of Schedule 4 supplements the provisions of this section.
Textual Amendments
F5S. 16(2A) added (7.6.1996) by S.I. 1996/1333, reg. 4(2)
F6S. 16 moved and renumbered (as s. 18A) (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 14(2); S.R. 2004/55, regs. 1(2)(3), 14(2)
F7Words in s. 18A(1)(a) substituted (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 14(3)(a); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {14(3)(a)}
F8Words in s. 18A(1)(c) substituted (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), arts. 1(2)(3), 14(3)(b); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {14(3)(b)}
Modifications etc. (not altering text)
C1S. 16 modified (E.W.) (2.3.1998) by S.I. 1998/218, arts. 1(2), 3(1), Sch. (with art. 3(2)(b))
S. 16 modified (7.6.1996) by S.I. 1996/1333, reg. 4(a)
S. 16 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.
C2Ss. 16 modified (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order (S.I. 2003/1964), art. 3, {Sch.}
C3S. 18A modified (N.I.) (1.10.2004) by The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations (Northern Ireland) (S.R. 2004/374, regs. 4-9
C4S. 18A modified (E.W.S) (1.10.2004) by The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations (S.I 2004/153), {regs. 4-9}
C5S. 16 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order (S.I. 2006/1073), art. 3,{Sch.}
Commencement Information
I1S. 16 wholly in force at 2.12.1996; s. 16 not in force at Royal Assent see s. 70(3); s. 16(3)(5) in force for certain purposes (E.W.S.) at 17.5.1996 by S.I. 1996/1336, art. 3(d); s. 16(3)(5) in force for certain purposes (N.I.) at 30.5.1996 by S.R. 1996/219, art. 3(d); s. 16(5) in force insofar as not already in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I; s. 16(5) in force (N.I.) insofar as not already in force at 1.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I; s. 16(3) in force (E.W.S.) insofar as not already in force at 2.12.1996 by S.I. 1996/3003, art. 3; s. 16(3) in force insofar as not already in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II; s. 16(1)(2)(4) in force (E.W.S.) at 2.12.1996 by S.I. 1996/1474, art. 2(3), Sch. Pt. III; s. 16(1)(2)(4) in force (N.I.) at 2.12.1996 by S.R. 1996/280, art. 2(2), Sch. Pt. II
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