- Latest available (Revised)
- Point in Time (02/12/2019)
- Original (As enacted)
Point in time view as at 02/12/2019. This version of this schedule contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Equality Act 2010, SCHEDULE 4 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 38
1E+W+SThis Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.
2(1)This paragraph applies where A is a controller of let premises.E+W+S
(2)A must comply with the first and third requirements.
(3)For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to a term of the letting.
(4)For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who—
(a)is a tenant of the premises, or
(b)is otherwise entitled to occupy them.
(5)In relation to each requirement, the relevant matters are—
(a)the enjoyment of the premises;
(b)the use of a benefit or facility, entitlement to which arises as a result of the letting.
(6)Sub-paragraph (2) applies only if A receives a request from or on behalf of the tenant or a person entitled to occupy the premises to take steps to avoid the disadvantage or provide the auxiliary aid.
(7)If a term of the letting that prohibits the tenant from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the tenant to make alterations to the let premises so as to avoid the disadvantage.
(8)It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature.
(9)For the purposes of this paragraph, physical features do not include furniture, furnishings, materials, equipment or other chattels in or on the premises; and none of the following is an alteration of a physical feature—
(a)the replacement or provision of a sign or notice;
(b)the replacement of a tap or door handle;
(c)the replacement, provision or adaptation of a door bell or door entry system;
(d)changes to the colour of a wall, door or any other surface.
(10)The terms of a letting include the terms of an agreement relating to it.
3(1)This paragraph applies where A is a controller of premises to let.E+W+S
(2)A must comply with the first and third requirements.
(3)For the purposes of this paragraph, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who is considering taking a letting of the premises.
(4)In relation to each requirement, the relevant matter is becoming a tenant of the premises.
(5)Sub-paragraph (2) applies only if A receives a request by or on behalf of a disabled person within sub-paragraph (3) for A to take steps to avoid the disadvantage or provide the auxiliary aid.
(6)Nothing in this paragraph requires A to take a step which would involve the removal or alteration of a physical feature.
(7)Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.
4(1)This paragraph applies where A is a commonhold association; and the reference to a commonhold association is a reference to the association in its capacity as the person who manages a commonhold unit.E+W+S
(2)A must comply with the first and third requirements.
(3)For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to—
(a)a term of the commonhold community statement, or
(b)any other term applicable by virtue of the transfer of the unit to the unit-holder.
(4)For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who—
(a)is the unit-holder, or
(b)is otherwise entitled to occupy the unit.
(5)In relation to each requirement, the relevant matters are—
(a)the enjoyment of the unit;
(b)the use of a benefit or facility, entitlement to which arises as a result of a term within sub-paragraph (3)(a) or (b).
(6)Sub-paragraph (2) applies only if A receives a request from or on behalf of the unit-holder or a person entitled to occupy the unit to take steps to avoid the disadvantage or provide the auxiliary aid.
(7)If a term within sub-paragraph (3)(a) or (b) that prohibits the unit-holder from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the unit-holder to make alterations to the unit so as to avoid the disadvantage.
(8)It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature; and sub-paragraph (9) of paragraph 2 applies in relation to a commonhold unit as it applies in relation to let premises.
Prospective
5(1)This paragraph applies where A is a responsible person in relation to common parts.E+W+S
(2)A must comply with the second requirement.
(3)For the purposes of this paragraph, the reference in section 20(4) to a physical feature is a reference to a physical feature of the common parts.
(4)For those purposes, the reference in section 20(4) to a disabled person is a reference to a disabled person who—
(a)is a tenant of the premises,
(b)is a unit-holder, or
(c)is otherwise entitled to occupy the premises,
and uses or intends to use the premises as the person's only or main home.
(5)In relation to the second requirement, the relevant matter is the use of the common parts.
(6)Sub-paragraph (2) applies only if—
(a)A receives a request by or on behalf of a disabled person within sub-paragraph (4) for A to take steps to avoid the disadvantage, and
(b)the steps requested are likely to avoid or reduce the disadvantage.
Prospective
6(1)In deciding whether it is reasonable to take a step for the purposes of paragraph 5, A must consult all persons A thinks would be affected by the step.E+W+S
(2)The consultation must be carried out within a reasonable period of the request being made.
(3)A is not required to have regard to a view expressed against taking a step in so far as A reasonably believes that the view is expressed because of the disabled person's disability.
(4)Nothing in this paragraph affects anything a commonhold association is required to do pursuant to Part 1 of the Commonhold and Leasehold Reform Act 2002.
Prospective
7(1)If A decides that it is reasonable to take a step for the purposes of paragraph 5, A and the disabled person must agree in writing the rights and responsibilities of each of them in relation to the step.E+W+S
(2)An agreement under this paragraph must, in particular, make provision as to the responsibilities of the parties in relation to—
(a)the costs of any work to be undertaken;
(b)other costs arising from the work;
(c)the restoration of the common parts to their former condition if the relevant disabled person stops living in the premises.
(3)It is always reasonable before the agreement is made for A to insist that the agreement should require the disabled person to pay—
(a)the costs referred to in paragraphs (a) and (b) of sub-paragraph (2), and
(b)the costs of the restoration referred to in paragraph (c) of that sub-paragraph.
(4)If an agreement under this paragraph is made, A's obligations under the agreement become part of A's interest in the common parts and pass on subsequent disposals accordingly.
(5)Regulations may require a party to an agreement under this paragraph to provide, in prescribed circumstances, prescribed information about the agreement to persons of a prescribed description.
(6)The regulations may require the information to be provided in a prescribed form.
(7)Regulations may make provision as to circumstances in which an agreement under this paragraph is to cease to have effect, in so far as the agreement does not itself make provision for termination.
8(1)This paragraph applies where the relevant disabled person comes within paragraph 2(4)(b), 4(4)(b) or 5(4)(c).E+W+S
(2)A must not, because of costs incurred in connection with taking steps to comply with a requirement imposed for the purposes of paragraph 2, 4 or 5, subject to a detriment—
(a)a tenant of the premises, or
(b)the unit-holder.
Commencement Information
I1Sch. 4 para. 8 partly in force; para. 8 not in force at Royal Assent see s. 216; para. 8 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(4)(e)(ii)
9(1)This paragraph applies for the purposes of section 36 and this Schedule.E+W+S
(2)Regulations may make provision as to—
(a)circumstances in which premises are to be treated as let, or as not let, to a person;
(b)circumstances in which premises are to be treated as being, or as not being, to let;
(c)who is to be treated as being, or as not being, a person entitled to occupy premises otherwise than as tenant or unit-holder;
(d)who is to be treated as being, or as not being, a person by whom premises are let;
(e)who is to be treated as having, or as not having, premises to let;
(f)who is to be treated as being, or as not being, a manager of premises.
(3)Provision made by virtue of this paragraph may amend this Schedule.
Commencement Information
I2Sch. 4 para. 9 wholly in force; para. 9 not in force at Royal Assent see s. 216; para. 9 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; para. 9 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(4)(e)(iii) (with art. 15)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: