SCHEDULES
SCHEDULE 2Services and public functions: reasonable adjustments
The duty
I12
1
A must comply with the first, second and third requirements.
2
For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally.
3
Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted—
a
to avoid the disadvantage, or
b
to adopt a reasonable alternative method of providing the service or exercising the function.
4
In relation to each requirement, the relevant matter is the provision of the service, or the exercise of the function, by A.
5
Being placed at a substantial disadvantage in relation to the exercise of a function means—
a
if a benefit is or may be conferred in the exercise of the function, being placed at a substantial disadvantage in relation to the conferment of the benefit, or
b
if a person is or may be subjected to a detriment in the exercise of the function, suffering an unreasonably adverse experience when being subjected to the detriment.
6
In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of providing the service or exercising the function, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies).
7
If A is a service-provider, nothing in this paragraph requires A to take a step which would fundamentally alter—
a
the nature of the service, or
b
the nature of A's trade or profession.
8
If A exercises a public function, nothing in this paragraph requires A to take a step which A has no power to take.