Disability Discrimination Act 1995

[F3 49C Exceptions from section 49A(1) E+W+S

(1) Section 49A(1) does not apply to—

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

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

(2) Section 49A(1) does not apply to any act of, or relating to, making or approving an Act of Parliament, an Act of the Scottish Parliament [F4 , a Measure or Act of the National Assembly for Wales] or an Order in Council.

(3) Section 49A(1)(c) and (d) do not apply to—

(a) an act done in connection with recruitment to any of the naval, military or air forces of the Crown; or

(b) an act done in relation to a person in connection with service by him as a member of any of those forces.

(4) Regulations may provide for [F5 one or more specified paragraphs of section 49A(1)] not to apply to an act of a prescribed description.]

Textual Amendments

F3 Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 3, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I. 2005/2774, arts. 3(b), 4(a) [Editorial note: The E.W.S versions of ss. 49C-49F were inserted along with the Part heading "Pt. 5A Public authorities" and should appear under that heading]

F4 Words in s. 49C(2) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 58}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F5 Words in s. 49C(4) substituted (18.4.2006) by Equality Act 2006 (c. 3), ss. 88, 93 (with s. 92); S.I. 2006/1082, art. 2(j)

[F1 49C Improvements to let dwelling houses N.I.

(1) This section applies in relation to a lease of a dwelling house if—

(a) the tenancy is not a secure tenancy or a regulated tenancy;

(b) the tenant or any other person who lawfully occupies or is intended lawfully to occupy the premises is a disabled person;

(c) the person mentioned in paragraph (b) occupies or is intended to occupy the premises as his only or principal home;

(d) the tenant is entitled under the lease to make improvements to the premises with the consent of the landlord; and

(e) the tenant applies to the landlord for his consent to make a relevant improvement.

(2) If the consent of the landlord is unreasonably withheld it must be taken to have been given.

(3) Where the tenant applies in writing for the consent—

(a) if the landlord refuses to give consent, he must give the tenant a written statement of the reason why the consent was withheld;

(b) if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been withheld.

(4) If the landlord gives consent to the making of an improvement subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.

(5) In any question as to whether—

(a) the consent of the landlord was unreasonably withheld, or

(b) a condition imposed by the landlord is unreasonable,

it is for the landlord to show that it was not.

(6) If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of his tenancy.

(7) An improvement to premises is a relevant improvement if, having regard to the disability which the disabled person mentioned in subsection (1)(b) has, it is likely to facilitate his enjoyment of the premises.

(8) Subsections (2) to (6) apply to a lease only to the extent that provision of a like nature is not made by the lease.

(9) In this section—

• “improvement” means any alteration in or addition to premises and includes—

  (a)

  any addition to or alteration in landlord's fittings and fixtures,

  (b)

  any addition or alteration connected with the provision of services to the premises,

  (c)

  the erection of a wireless or television aerial, and

  (d)

  the carrying out of external decoration;

• “lease” includes a sub-lease or other tenancy, and “landlord” and “tenant” must be construed accordingly;

• “regulated tenancy” has the same meaning as in the Rent (Northern Ireland) Order 1978 (NI 20);

• “secure tenancy” has the meaning given by Article 25 of the Housing (Northern Ireland) Order 1983 (NI 15).]