Commentary on Articles

Part Iii – Disability Discrimination in Education

Chapter 3 – General Qualification Bodies
Article 38: Claims, leased premises and certain agreements

75.This Article provides that regulations may set out how a person with a disability can enforce a claim of unlawful discrimination under Chapter 3. Regulations may make provision about cases where leasehold premises are occupied by qualifications bodies and how the reasonable adjustment duty would impact in this context. Provision is made to prevent contracts or agreements seeking to oust, limit or contravene the substance of Chapter 2A.