The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations revoke and replace (in part) the Disability Discrimination (Employment) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 419) and (in full) the Disability Discrimination (Sub-leases and Sub-tenancies) Regulations (Northern Ireland) 1996 (S.R.1996 No. 420) in consequence of changes made to the Disability Discrimination Act 1995 by the Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 55) (“the primary regulations”) which come into force on 1st October 2004. The primary regulations implement (in Northern Ireland) provisions of Council Directive 2000/78/EC (O.J. No. L303, 2.12.2000, p. 16) (“the Directive”) establishing a general framework for equal treatment in employment and occupation so far as it relates to disability discrimination.

These Regulations contain provisions applying where a person who has a duty to make reasonable adjustments under Part II of the 1995 Act needs to obtain consent from a lessor or superior lessor in order to make those changes, and the circumstances in which such consent may be given or withheld.

Regulation 3 revokes both S.R. 1996 No. 419 and S.R. 1996 No. 420.

Regulation 4 (which replaces S.R. 1996 No. 419, reg. 11) prescribes the circumstances in which a lessor of premises is taken to have withheld his consent to an application made by a person to whom a duty to make a reasonable adjustment applies to alter premises so that he can comply with any such duty.

Regulation 5 (which replaces S.R. 1996 No. 419, reg. 12) prescribes the circumstances in which a lessor is taken to have withheld his consent unreasonably.

Regulation 6 (which replaces S.R. 1996 No. 419, reg. 13) prescribes the circumstances in which a lessor is taken to have withheld his consent reasonably.

Regulation 7 (which replaces S.R. 1996 No. 419, reg. 14) prescribes when a condition, subject to which the lessor has given his consent, is taken to be reasonable.

Regulations 8 and 9 relate to the withholding of consent where the premises are occupied under a sub-lease or sub-tenancy. They replicate the provisions of S.R. 1996 No. 420 which are revoked by these Regulations.

(Regulations 3 to 10 and 15 of S.R. 1996 No. 419 are not replaced. Regulations 7, 9 and 10 have been replaced with modifications in the primary regulations: see new sections 4B(5), 18D(2) and 18B(3) and (4) inserted into the 1995 Act. Regulations 3 to 6, 8 and 15 are not replaced as their provisions are inconsistent with the Directive.)

These Regulations do not impose any new costs on businesses.