SCHEDULES
E2SCHEDULE 4 Premises Occupied Under Leases
C1C2Part II Occupation by F2persons subject to a duty under section 21, 21E or 21H
Sch. 4 Pt. 2: words in heading substituted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(3); S.I. 2005/2774, art. 4(f) and said words substituted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(3); S.R. 2007/466, art. 2(l)
Sch. 4 Pt. II modified (1.10.2004) by S.I. 2001/3253, reg. 9
Reference to court
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F11
If the occupier has applied in writing to the lessor for consent to the alteration and—
a
that consent has been refused, or
b
the lessor has made his consent subject to one or more conditions,
the occupier or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.
2
In the following provisions of this Schedule “court” includes “sheriff”.
3
On such a reference the court shall determine whether the lessor’s refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.
4
If the court determines—
a
that the lessor’s refusal was unreasonable, or
b
that the condition is, or any of the conditions are, unreasonable,
it may make such declaration as it considers appropriate or an order authorising the occupier to make the alteration specified in the order.
5
An order under sub-paragraph (4) may require the occupier to comply with conditions specified in the order.
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)