Disability Discrimination Act 1995

[F1 24J Duties for purposes of section 24G(2) E+W+S

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E1 This section extended to England, Wales and Scotland only; a separate s. 24J exists for Northern Ireland only.

Textual Amendments

F1 S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F2 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F3 24J Duties for purposes of section 24G(2) N.I.

(1) Subsection (2) applies where—

(a) a controller of premises that are to let receives a request made by or on behalf of a relevant disabled person;

(b) it is reasonable to regard the request as a request that the controller take steps in order to provide an auxiliary aid or service;

(c) the auxiliary aid or service—

(i) would enable the relevant disabled person to become, or facilitate his becoming, a person to whom the premises are let, but

(ii) would be of little or no practical use to him if he were not considering taking a letting of the premises; and

(d) it would, were the auxiliary aid or service not to be provided, be impossible or unreasonably difficult for the relevant disabled person to become a person to whom the premises are let.

(2) It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for the controller to have to take in order to provide the auxiliary aid or service (but see subsection (5)).

(3) Subsection (4) applies where—

(a) a controller of premises that are to let has a practice, policy or procedure which has the effect of making it impossible, or unreasonably difficult, for a relevant disabled person to become a person to whom the premises are let;

(b) the practice, policy or procedure would not have that effect if the relevant disabled person did not have a disability;

(c) the controller receives a request made by or on behalf of the relevant disabled person; and

(d) it is reasonable to regard the request as a request that the controller take steps in order to change the practice, policy or procedure so as to stop it having that effect.

(4) It is the duty of the controller to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change the practice, policy or procedure so as to stop it having that effect (but see subsection (5)).

(5) For the purposes of this section, it is never reasonable for a controller of premises that are to let to have to take steps consisting of or including the removal or alteration of a physical feature.

(6) In this section “relevant disabled person”, in relation to premises that are to let, means a particular disabled person who is considering taking a letting of the premises.

(7) This section imposes duties only for the purpose of determining whether a person has, for the purposes of section 24G, discriminated against another; and accordingly a breach of any such duty is not actionable as such.]

Extent Information

E2 This section extends to Northern Ireland only; a separate s. 24J for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F3 Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)