The Equality Act 2010 (Disability) Regulations 2010

PART 1 E+W+S Introductory

Citation and Commencement E+W+S

1.  These Regulations may be cited as the Equality Act 2010 (Disability) Regulations 2010 and shall come into force on 1st October 2010.

Interpretation E+W+S

2.  In these Regulations —

“the Act” means the Equality Act 2010;

“addiction” includes a dependency;

“building” means an erection or structure of any kind;

“consultant ophthalmologist” means a consultant or honorary consultant appointed in the medical speciality of ophthalmology, who is employed for the purposes of providing any service as part of the health service continued under section 1(1) and (2) of the National Health Service Act 2006 M1 , section 1(1) and (2) of the National Health Service (Wales) Act 2006 M2 , section 1(1) of the National Health Service (Scotland) Act 1978 M3 or section 2(1)(a) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 M4 ;

“a second requirement duty” means a duty to comply with the second requirement contained in any of the following provisions of the Act—

(a)

paragraph 2 of Schedule 2;

(b)

paragraph 2 of Schedule 8;

(c)

paragraph 3 of Schedule 13;

(d)

paragraph 2 of Schedule 15.

Marginal Citations

M1 2006 c. 41.

M2 2006 c. 42.

M3 1978 c. 29.

M4 2009 c.1 (N.I.).

PART 2 E+W+S Determination of Disability

Addictions E+W+S

3.—(1) Subject to paragraph (2) below, addiction to alcohol, nicotine or any other substance is to be treated as not amounting to an impairment for the purposes of the Act.

(2) Paragraph (1) above does not apply to addiction which was originally the result of administration of medically prescribed drugs or other medical treatment.

Modifications etc. (not altering text)

C1 Regs. 3-5 applied (temp.) (E.) (5.11.2020) by The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (S.I. 2020/1200), regs. 1(2), 4(3)(b) (with reg. 23)

C2 Regs. 3-5 applied (temp.) (E.) (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 (S.I. 2020/1374), regs. 1(2), 2(7) (with reg. 15)

C3 Regs. 3-5 applied (temp.) (E.) (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), regs. 1(2), 2(6) (with reg. 21 (as amended (20.6.2021 at 11.55 p.m.) by The Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/705), regs. 1(2), 2(3) (with reg. 1(4)))

Other conditions not to be treated as impairments E+W+S

4.—(1) For the purposes of the Act the following conditions are to be treated as not amounting to impairments:—

(a) a tendency to set fires,

(b) a tendency to steal,

(c) a tendency to physical or sexual abuse of other persons,

(d) exhibitionism, and

(e) voyeurism.

(2) Subject to paragraph (3) below, for the purposes of the Act the condition known as seasonal allergic rhinitis shall be treated as not amounting to an impairment.

(3) Paragraph (2) above shall not prevent that condition from being taken into account for the purposes of the Act where it aggravates the effect of any other condition.

Modifications etc. (not altering text)

C1 Regs. 3-5 applied (temp.) (E.) (5.11.2020) by The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (S.I. 2020/1200), regs. 1(2), 4(3)(b) (with reg. 23)

C2 Regs. 3-5 applied (temp.) (E.) (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 (S.I. 2020/1374), regs. 1(2), 2(7) (with reg. 15)

C3 Regs. 3-5 applied (temp.) (E.) (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), regs. 1(2), 2(6) (with reg. 21 (as amended (20.6.2021 at 11.55 p.m.) by The Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/705), regs. 1(2), 2(3) (with reg. 1(4)))

Tattoos and piercings E+W+S

5.  For the purposes of paragraph 3 of Schedule 1 to the Act, a severe disfigurement is not to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if it consists of—

(a) a tattoo (which has not been removed), or

(b) a piercing of the body for decorative or other non-medical purposes, including any object attached through the piercing for such purposes.

Modifications etc. (not altering text)

C1 Regs. 3-5 applied (temp.) (E.) (5.11.2020) by The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (S.I. 2020/1200), regs. 1(2), 4(3)(b) (with reg. 23)

C2 Regs. 3-5 applied (temp.) (E.) (2.12.2020) by The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 (S.I. 2020/1374), regs. 1(2), 2(7) (with reg. 15)

C3 Regs. 3-5 applied (temp.) (E.) (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), regs. 1(2), 2(6) (with reg. 21 (as amended (20.6.2021 at 11.55 p.m.) by The Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/705), regs. 1(2), 2(3) (with reg. 1(4)))

Babies and young children E+W+S

6.  For the purposes of the Act, where a child under six years of age has an impairment which does not have a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities, the impairment is to be taken to have a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities where it would normally have that effect on the ability of a person aged 6 years or over to carry out normal day-to-day activities.

Persons deemed to have a disability E+W+S

7.  A person is deemed to have a disability, and hence to be a disabled person, for the purposes of the Act where that person is certified as blind, severely sight impaired, sight impaired or partially sighted by a consultant ophthalmologist.

PART 3 E+W+S Auxiliary Aids or Services

Auxiliary aids or services E+W+S

8.—(1) The following are to be treated as auxiliary aids or services for the purposes of paragraphs 2 to 4 of Schedule 4 to the Act—

(a) the removal, replacement or (subject to paragraph (2)) provision of any furniture, furnishings, materials, equipment and other chattels;

(b) the replacement or provision of any signs or notices;

(c) the replacement of any taps or door handles;

(d) the replacement, provision or adaptation of any door bell, or any door entry system;

(e) changes to the colour of any surface (such as, for example, a wall or door).

(2) Paragraph (1)(a) does not include the provision of any item which would be a fixture when installed.

(3) It is reasonable to regard a request for a matter falling within paragraph (1) as a request for a controller of premises to take steps in order to provide an auxiliary aid or service.

(4) In paragraph (3), the “controller of premises” means—

(a) in relation to paragraph 2 of Schedule 4 to the Act, the controller of let premises;

(b) in relation to paragraph 3 of Schedule 4 to the Act, the controller of premises that are to let; and,

(c) in relation to paragraph 4 of Schedule 4 to the Act, the commonhold association.

PART 4 E+W+S Reasonable Adjustments to Physical Features

Reasonableness and design standards E+W+S

9.—(1) This regulation prescribes particular circumstances, for the purposes of paragraph 2 of Schedule 2 and paragraph 2 of Schedule 15 to the Act, in which it is not reasonable for a provider of services, a public authority carrying out its functions or an association to have to take the steps specified in this regulation.

(2) It is not reasonable for a provider of services, a public authority carrying out its functions or an association to have to remove or alter a physical feature where the feature concerned —

(a) was provided in or in connection with a building for the purpose of assisting people to have access to the building or to use facilities provided in the building; and

(b) satisfies the relevant design standard.

(3) Whether a physical feature satisfies the relevant design standard shall be determined in accordance with the Schedule.

Landlord withholding consent E+W+S

10.—(1) This regulation prescribes particular circumstances in which a relevant landlord (L) is to be taken, for the purposes of Schedule 21 to the Act, to have withheld consent for alterations to premises.

(2) Subject to paragraph (3), L is to be taken to have withheld such consent where, within the period of 42 days beginning with the date on which L receives the application for consent, L—

(a) fails to reply consenting to or refusing the alteration; or

(b) (i) replies consenting to the alteration subject to obtaining the consent of another person required under a superior leave or pursuant to a binding obligation, but

(ii) fails to seek that consent.

(3) L is not to be taken to have withheld consent for the purposes of paragraph (2) where—

(a) the applicant fails to submit with the application such plans and specifications as it is reasonable for L to require before consenting to the alteration, and

(b) within the period of 21 days beginning with the date on which he receives the application, L replies requesting the applicant to submit such plans and specifications.

(4) However, where such plans and specifications are submitted to L in response to a request made in accordance with paragraph (3)(b), L shall be taken to have withheld consent to the alteration where, within the period of 42 days beginning with the date on which he receives those plans and specifications L—

(a) fails to reply consenting or refusing the alteration; or

(b) (i) replies consenting to the alteration subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, but

(ii) fails to seek that consent.

(5) L, who having sought the consent of the other person referred to in paragraphs (2)(b) or (4)(b), receives that consent, shall be taken to have withheld consent to the alteration where, within the period of 14 days beginning with the day on which he receives the consent, L fails to inform the applicant in writing that it has been received.

(6) L who, but for the requirements as to time, complies with the requirements of paragraphs (2), (4) or (5) shall be taken to have withheld consent until such time as he so complies.

(7) For the purposes of this regulation—

(a) L is to be treated as not having sought another's consent unless he—

(i) has applied in writing to that person indicating that—

(aa) the occupier has applied for consent to the alteration of the premises in order to comply with a second requirement duty; and

(bb) L has given his consent conditionally upon obtaining the other person's consent; and

(ii) submits to that other person any plans and specifications which have been submitted to L;

(b) “to reply” means to reply in writing.

Landlord withholding consent unreasonably E+W+S

11.—(1) This regulation prescribes particular circumstances in which a relevant landlord (L) is to be taken, for the purposes of Schedule 21 to the Act, to have acted unreasonably in withholding consent for alterations to the premises.

(2) The circumstances so prescribed are that the lease provides that L shall give his consent to an alteration of the kind in question and L has withheld his consent to that alteration.

Landlord withholding consent reasonably E+W+S

12.—(1) This regulation prescribes particular circumstances in which a relevant landlord (L) is to be taken, for the purposes of Schedule 21 to the Act, to have acted reasonably in withholding consent for alterations to premises.

(2) The circumstances so prescribed are where—

(a) (i) there is a binding obligation requiring the consent of any person to the alteration;

(ii) L has taken steps to obtain that consent; and

(iii) that consent has not been given, or has been given subject to a condition making it reasonable for L to withhold consent; or

(b) L does not know, and could not reasonably be expected to know, that the alteration is one which the occupier proposes to make to comply with a second requirement duty.

Landlord's consent subject to conditions E+W+S

13.—(1) This regulation prescribes particular circumstances in which a condition, subject to which a relevant landlord (L) has given consent to alterations to premises, is to be taken, for the purposes of Schedule 21 to the Act, to be reasonable.

(2) The circumstances so prescribed are where the condition is to the effect that—

(a) the occupier must obtain any necessary planning permission and any other consent or permission required by or under any enactment;

(b) the work must be carried out in accordance with any plans or specifications approved by the L;

(c) L must be permitted a reasonable opportunity to inspect the work (whether before or after it is completed);

(d) the consent of another person required under a superior lease or a binding agreement must be obtained;

(e) the occupier must repay to the L the costs reasonably incurred in connection with the giving of the consent.

Modification of Schedule 21 E+W+S

14.—(1) In relation to any case where the occupier occupies premises under a sub-tenancy, the provisions of Schedule 21 to the Act shall have effect as if they contained the following modifications.

(2) In paragraph 3(3) and (4) and 4(1), for “the landlord” substitute “ the immediate landlord ” in each place it occurs.

(3) After paragraph 3(3), insert the following sub-paragraph—

“(3A) Except to the extent to which it expressly so provides, any superior lease in respect of the premises shall have effect in relation to the landlord and tenant who are parties to that superior lease as if it provided—

(a) for the tenant to be entitled to give his consent to the alteration with the written consent of the landlord;

(b) for the tenant to have to make a written application to the landlord for consent if he wishes to give his consent to the alteration;

(c) if such an application is made, for the landlord not to withhold his consent unreasonably; and

(d) for the landlord to be entitled to make his consent subject to reasonable conditions.”.

(4) After paragraph 4(2), insert the following sub-paragraph—

“(2A) Where the tenant of any superior lease in relation to the premises has applied in writing to his landlord for consent to the alteration and—

(a) That consent has been refused, or

(b) The landlord has made his consent subject to one or more conditions, the occupier, tenant or a disabled person who has an interest in the alteration being made may refer the matter to a county court or, in Scotland, the sheriff.”.

(5) In paragraph 5—

(a) In sub-paragraph (2), for ‘the landlord’ substitute “ any landlord (including any superior landlord) ”;

(b) In sub-paragraph (3), for paragraph (a), substitute—

“(a) must grant the request if it is made before the hearing of the complaint or claim begins, unless it considers that another landlord should be joined or sisted as a party to the proceedings.”.

Revocation E+W+S

15.—(1) The Regulations listed in paragraph (2) are revoked.

(2) The Regulations referred to in paragraph (1) are-

(i) the Disability Discrimination (Meaning of Disability) Regulations 1996 M5 ;

(ii) the Disability Discrimination (Providers of Services) (Adjustment of Premises) Regulations 2001 M6 ;

(iii) the Disability Discrimination (Blind and Partially Sighted Persons) Regulations 2003 M7 ;

(iv) the Disability Discrimination (Employment Field) (Leasehold Premises) Regulations 2004 M8 ;

(v) the Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulations 2005 M9 ;

(vi) the Disability Discrimination (Service Providers and Public Authorities Carrying Out Functions) Regulations 2005 M10 ;

(vii) the Disability Discrimination (Private Clubs etc) Regulations 2005 M11 ;

(viii) the Disability Discrimination (Premises) Regulations 2006 M12 .

Marginal Citations

M5 S.I. 1996/1455.

M6 S.I. 2001/3253.

M7 S.I. 2003/712.

M8 S.I. 2004/153.

M9 S.I. 2005/1070.

M10 S.I. 2005/2901.

M11 S.I. 2005/3258.

M12 S.I. 2006/887.

Signed by authority of the Secretary of State for Work and Pensions.

Maria Miller

Parliamentary Under-Secretary of State,

Department for Work and Pensions