Disability Discrimination Act 2005

19 (1) Section 24 (meaning of “discrimination” in section 22) is amended as follows. E+W+S

(2) In subsection (1) (which defines discrimination for the purposes of section 22), for “section 22” there is substituted “ ;sections 22 and 22A ”.

(3) In subsection (3) (justifications), after paragraph (d) there is inserted—

“(e) in a case to which subsection (3A) applies, the terms are less favourable in order to recover costs which—

(i) as a result of the disabled person having a disability, are incurred in connection with the disposal of the premises, and

(ii) are not costs incurred in connection with taking steps to avoid liability under section 24G(1);

(f) in a case to which subsection (3B) applies, the disabled person is subjected to the detriment in order to recover costs which—

(i) as a result of the disabled person having a disability, are incurred in connection with the management of the premises, and

(ii) are not costs incurred in connection with taking steps to avoid liability under section 24A(1) or 24G(1).”

(4) After that subsection there is inserted—

“(3A) This subsection applies to a case if—

(a) the case falls within section 22(1)(a);

(b) the premises are to let;

(c) the person with power to dispose of the premises is a controller of them; and

(d) the proposed disposal of the premises would involve the disabled person becoming a person to whom they are let.

(3B) This subsection applies to a case if—

(a) the case falls within section 22(3)(c);

(b) the detriment is not eviction;

(c) the premises are let premises;

(d) the person managing the premises is a controller of them; and

(e) the disabled person is a person to whom the premises are let or, although not a person to whom they are let, is lawfully under the letting an occupier of them.

(3C) Section 24G(3) and (4) apply for the purposes of subsection (3A) as for those of section 24G; and section 24A(3) and (4) apply for the purposes of subsection (3B) as for those of section 24A.”

(5) After subsection (4) there is inserted—

“(4A) Regulations may make provision for the condition specified in subsection (3)(b) not to apply in prescribed circumstances.”

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Commencement Information

I1 Sch. 1 para. 19 wholly in force at 4.12.2006; Sch. 1 para. 19 not in force at Royal Assent see s. 20(3); Sch. 1 para. 19(1)(5) in force at 30.6.2005 by S.I. 2005/1676, art. 2(1)(c); Sch. 1 para. 19 fully in force at 4.12.2006 by S.I. 2005/2774, art. 4(f)