- Draft legislation
This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Disability Discrimination (Private Clubs, etc.) Regulations (Northern Ireland) 2008 No. 81
4.—(1) Where, for a reason which relates to the disabled person’s disability, an association treats a disabled person less favourably than it treats or would treat others to whom that reason does not or would not apply, that treatment shall be taken to be justified for the purposes of section 21G(1) of the 1995 Act in the circumstances specified in paragraph (2).
(2) The circumstances referred to in paragraph (1) are that—
(a)the association provides a guarantee (whether or not legally binding) that—
(i)the purchase price of benefits, facilities or services that it has provided will be refunded if the benefits, facilities or services are not of satisfactory quality, or
(ii)benefits or services in the form of goods that it has provided will be replaced or repaired if those goods are not of satisfactory quality; and
(b)the association refuses to provide a replacement, repair or refund under the guarantee because damage has occurred for a reason which relates to the disabled person’s disability, and the damage is above the level at which the association would normally provide a replacement, repair or refund under the guarantee; and
(c)it is reasonable in all the circumstances for the association to refuse to provide a replacement, repair or refund under the guarantee.
(3) In this regulation “guarantee” includes any document having the effect referred to in paragraph (2)(a) whether or not that document is described as a guarantee by the association.
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