http://www.legislation.gov.uk/id/uksi/2005/2901

http://www.legislation.gov.uk/uksi/2005/2901/regulation/10/made

The Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations 2005

Disabled people

Disability discrimination

Insurance

Care for disabled people

Regulation and deregulation

King's Printer of Acts of Parliament

2017-06-21

DISABLED PERSONS

These Regulations revoke and replace (in part) the Disability Discrimination (Services and Premises) Regulations 1996 (S.I. 1996/1836), (in full) the Disability Discrimination (Services and Premises) Regulations 1999 (S.I. 1999/1191), (in full) the Disability Discrimination (Providers of Services) (Adjustment of Premises) (Amendment) Regulations 2004 (S.I. 2004/1429) and (in full) the Disability Discrimination (Providers of Services) (Adjustment of Premises) (Amendment) Regulations 2005 (S.I. 2005/1121). In addition, they amend the application of the Disability Discrimination (Providers of Services) (Adjustment of Premises) Regulations 2001 (S.I. 2001/3253) and revoke and replace Regulation 3 of and the Schedule to those Regulations. These changes partially consolidate provisions in relation to providers of services. In addition, these Regulations make provision in relation to public authorities, which arises out of new duties on public authorities carrying out their functions, introduced into the Disability Discrimination Act 1995 (“the 1995 Act”) by the Disability Discrimination Act 2005.

The Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations 2005

Regulations

The Equality Act 2010 (Disability) Regulations 2010

reg. 15(2)(vi)

reg. 1

The Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations 2005

Regulations

The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010

art. 10(6)

(7)

Sch. 2

art. 1(2)

The Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations 2005

Order

The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010

art. 18(3)

Sch. 6

art. 1(2)

PART 3REASONABLE ADJUSTMENTS TO PHYSICAL FEATURES

Reasonableness where consent of third party necessary for an adjustment to physical features of premises10

1

This regulation prescribes particular circumstances, for the purposes of sections 21 and 21E of the 1995 Act, in which it is reasonable, and in which it is not reasonable, for a provider of services or a public authority carrying out its functions to have to take the steps specified in this regulation.

2

Where—

a

under any binding obligation a provider of services or a public authority carrying out its functions is required to obtain the consent of any person to an alteration to premises which it occupies; and

b

that alteration is one which, but for that requirement, it would be reasonable for the provider of services or a public authority carrying out its functions to have to make in order to comply with a duty under section 21 or 21E of the 1995 Act,

it is reasonable for the provider of services or public authority carrying out its functions to have to request that consent; but it is not reasonable for it to have to make that alteration before that consent is obtained.

3

In this regulation “binding obligation” means a legally binding obligation (not contained in a lease) in relation to premises whether arising from an agreement or otherwise.