The Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018

Disproportionate burden assessment

6.—(1) Regulation 5 does not require a public sector body to comply with the accessibility requirement if doing so would impose a disproportionate burden on the public sector body.

(2) A public sector body must perform an assessment of the extent to which compliance with the accessibility requirement imposes a disproportionate burden.

(3) In undertaking such an assessment, a public sector body must take account of relevant circumstances, including—

(a) the size, resources and nature of the public sector body; and

(b) the estimated costs and benefits for the public sector body in relation to the estimated benefits for persons with disabilities, taking into account the frequency and duration of use of the specific website or mobile application.

(4) If, following the assessment, a public sector body determines that compliance with the accessibility requirement would impose a disproportionate burden, it must—

(a) explain in its accessibility statement the parts of the accessibility requirement that could not be complied with; and

(b) where appropriate, provide accessible alternatives to documents held by that public sector body that are not available on their website or mobile application.