Disability Discrimination Act 1995

[F17BBarristers: duty to make adjustmentsE+W

(1)Where—

(a)a provision, criterion or practice applied by or on behalf of a barrister or barrister’s clerk, or

(b)any physical feature of premises occupied by a barrister or a barrister’s clerk,

places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the barrister or barrister’s clerk to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.

(2)In a case where subsection (1) applies in relation to two or more barristers in a set of chambers, the duty in that subsection is a duty on each of them to take such steps as it is reasonable, in all of the circumstances of the case, for him to have to take.

(3)In this section, “the disabled person concerned” means—

(a)in the case of a provision, criterion or practice for determining to whom a pupillage or tenancy should be offered, any disabled person who is, or has notified the barrister or the barrister’s clerk concerned that he may be, an applicant for a pupillage or tenancy;

(b)in any other case, a disabled person who is—

(i)a tenant;

(ii)a pupil; or

(iii)an applicant for a pupillage or tenancy.

(4)Nothing in this section imposes any duty on a barrister or a barrister’s clerk in relation to a disabled person if he does not know, and could not reasonably be expected to know—

(a)in the case of an applicant or potential applicant, that the disabled person concerned is, or may be, an applicant for a pupillage or tenancy; or

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

Extent Information

E1This section extends to England only; a separate s. 7B exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F1Ss. 7A-7D and cross-heading inserted (E.W. for ss. 7A, 7B, S. for ss. 7C, 7D) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 8 - see also s. 70(5A)(5B) of this Act.