xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part 2 E+W+SEquality: key concepts

Chapter 2E+W+SProhibited conduct

Adjustments for disabled personsE+W+S

20Duty to make adjustmentsE+W+S

(1)Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A.

(2)The duty comprises the following three requirements.

(3)The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(5)The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

(6)Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format.

(7)A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty.

(8)A reference in section 21 or 22 or an applicable Schedule to the first, second or third requirement is to be construed in accordance with this section.

(9)In relation to the second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to—

(a)removing the physical feature in question,

(b)altering it, or

(c)providing a reasonable means of avoiding it.

(10)A reference in this section, section 21 or 22 or an applicable Schedule (apart from paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to—

(a)a feature arising from the design or construction of a building,

(b)a feature of an approach to, exit from or access to a building,

(c)a fixture or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or

(d)any other physical element or quality.

(11)A reference in this section, section 21 or 22 or an applicable Schedule to an auxiliary aid includes a reference to an auxiliary service.

(12)A reference in this section or an applicable Schedule to chattels is to be read, in relation to Scotland, as a reference to moveable property.

(13)The applicable Schedule is, in relation to the Part of this Act specified in the first column of the Table, the Schedule specified in the second column.

Part of this ActApplicable Schedule
Part 3 (services and public functions)Schedule 2
Part 4 (premises)Schedule 4
Part 5 (work)Schedule 8
Part 6 (education)Schedule 13
Part 7 (associations)Schedule 15
Each of the Parts mentioned aboveSchedule 21
21Failure to comply with dutyE+W+S

(1)A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments.

(2)A discriminates against a disabled person if A fails to comply with that duty in relation to that person.

(3)A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contravened this Act by virtue of subsection (2); a failure to comply is, accordingly, not actionable by virtue of another provision of this Act or otherwise.

22RegulationsE+W+S

(1)Regulations may prescribe—

(a)matters to be taken into account in deciding whether it is reasonable for A to take a step for the purposes of a prescribed provision of an applicable Schedule;

(b)descriptions of persons to whom the first, second or third requirement does not apply.

(2)Regulations may make provision as to—

(a)circumstances in which it is, or in which it is not, reasonable for a person of a prescribed description to have to take steps of a prescribed description;

(b)what is, or what is not, a provision, criterion or practice;

(c)things which are, or which are not, to be treated as physical features;

(d)things which are, or which are not, to be treated as alterations of physical features;

(e)things which are, or which are not, to be treated as auxiliary aids.

(3)Provision made by virtue of this section may amend an applicable Schedule.

Annotations:

Commencement Information

I1S. 22 wholly in force; s. 22 not in force at Royal Assent see s. 216; s. 22 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; s. 22 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(e) (with art. 15)