Search Legislation

Equality Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Reasonable adjustments

 Help about opening options

Changes to legislation:

Equality Act 2010, Cross Heading: Reasonable adjustments is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Reasonable adjustmentsE+W+S

36Leasehold and commonhold premises and common partsE+W+S

(1)A duty to make reasonable adjustments applies to—

(a)a controller of let premises;

(b)a controller of premises to let;

(c)a commonhold association;

(d)a responsible person in relation to common parts.

(2)A controller of let premises is—

(a)a person by whom premises are let, or

(b)a person who manages them.

(3)A controller of premises to let is—

(a)a person who has premises to let, or

(b)a person who manages them.

(4)The reference in subsection (1)(c) to a commonhold association is a reference to the association in its capacity as the person who manages a commonhold unit.

(5)A responsible person in relation to common parts is—

(a)where the premises to which the common parts relate are let (and are not part of commonhold land or in Scotland), a person by whom the premises are let;

(b)where the premises to which the common parts relate are part of commonhold land, the commonhold association.

(6)Common parts are—

(a)in relation to let premises (which are not part of commonhold land or in Scotland), the structure and exterior of, and any common facilities within or used in connection with, the building or part of a building which includes the premises;

(b)in relation to commonhold land, every part of the commonhold which is not for the time being a commonhold unit in accordance with the commonhold community statement.

(7)A reference to letting includes a reference to sub-letting; and for the purposes of subsection (1)(a) and (b), a reference to let premises includes premises subject to a right to occupy.

(8)This section does not apply to premises of such description as may be prescribed.

Commencement Information

I1S. 36 partly in force; s. 36 not in force at Royal Assent see s. 216; s. 36(1)(a)-(c)(2)-(4)(7)(8) in force at 1.10.2010 by S.I. 2010/2317, art. 2(4)(b)

37Adjustments to common parts in ScotlandE+W+S

(1)The Scottish Ministers may by regulations provide that a disabled person is entitled to make relevant adjustments to common parts in relation to premises in Scotland.

(2)The reference in subsection (1) to a disabled person is a reference to a disabled person who—

(a)is a tenant of the premises,

(b)is an owner of the premises, or

(c)is otherwise entitled to occupy the premises,

and uses or intends to use the premises as the person's only or main home.

(3)Before making regulations under subsection (1), the Scottish Ministers must consult a Minister of the Crown.

(4)Regulations under subsection (1) may, in particular—

(a)prescribe things which are, or which are not, to be treated as relevant adjustments;

(b)prescribe circumstances in which the consent of an owner of the common parts is required before a disabled person may make an adjustment;

(c)provide that the consent to adjustments is not to be withheld unreasonably;

(d)prescribe matters to be taken into account, or to be disregarded, in deciding whether it is reasonable to consent to adjustments;

(e)prescribe circumstances in which consent to adjustments is to be taken to be withheld;

(f)make provision about the imposition of conditions on consent to adjustments;

(g)make provision as to circumstances in which the sheriff may make an order authorising a disabled person to carry out adjustments;

(h)make provision about the responsibility for costs arising (directly or indirectly) from an adjustment;

(i)make provision about the reinstatement of the common parts to the condition they were in before an adjustment was made;

(j)make provision about the giving of notice to the owners of the common parts and other persons;

(k)make provision about agreements between a disabled person and an owner of the common parts;

(l)make provision about the registration of information in the Land Register of Scotland or the recording of documents in the Register of Sasines relating to an entitlement of a disabled person or an obligation on an owner of the common parts;

(m)make provision about the effect of such registration or recording;

(n)make provision about who is to be treated as being, or as not being, a person entitled to occupy premises otherwise than as tenant or owner.

(5)In this section—

  • common parts” means, in relation to premises, the structure and exterior of, and any common facilities within or used in connection with, the building or part of a building which includes the premises but only in so far as the structure, exterior and common facilities are not solely owned by the owner of the premises;

  • relevant adjustments” means, in relation to a disabled person, alterations or additions which are likely to avoid a substantial disadvantage to which the disabled person is put in using the common parts in comparison with persons who are not disabled.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources