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Disability Discrimination Act 1995

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Joining lessors in proceedings under [F1section 17A F2. . . ]E+W+S+N.I.

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Amendments (Textual)

F1Sch. 4: words in cross-heading preceding para. 2 substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(d) and same words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(d)

2

2[F3(1)In any proceedings [F4on a complaint under section 17A], in a case to which [F5section 18A] applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined or sisted as a party to the proceedings.E+W+S+N.I.

(2)The request shall be granted if it is made before the hearing of the complaint begins.

(3)The tribunal may refuse the request if it is made after the hearing of the complaint begins.

(4)The request may not be granted if it is made after the tribunal has determined the complaint.

(5)Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine—

(a)whether the lessor has—

(i)refused consent to the alteration, or

(ii)consented subject to one or more conditions, and

(b)if so, whether the refusal or any of the conditions was unreasonable,

(6)If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—

(a)make such declaration as it considers appropriate;

(b)make an order authorising the occupier to make the alteration specified in the order;

(c)order the lessor to pay compensation to the complainant.

(7)An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.

(8)Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under [F6section 17A(2)].

(9)If the tribunal orders the lessor to pay compensation it may not make an order under [F6section 17A(2)] ordering the occupier to do so.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only.and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 51(1); see s. 70(6)

Amendments (Textual)

F3Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F5Words in Sch. 4 para. 2(1) substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(e)(ii) and said words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(e)(ii)

F6Words in Sch. 4 paras. 2(8)(9) substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(f) and said words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(f)

Modifications etc. (not altering text)

C1Sch. 4 para. 2 modified (7.6.1996) by S.I. 1996/1333, art. 4(c)

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