PART 2AMENDMENTS TO THE 1995 ACT
Supplementary and general17
—
1
In Part 2, before section 18, insert the following cross-heading—
Supplementary and general
2
In Part 2, after section 18A (the former section 16 (alterations to premises occupied under leases) moved, renumbered and amended by regulation 14) insert the following section—
Reasonable adjustments: supplementary18B
1
In determining whether it is reasonable for a person to have to take a particular step in order to comply with a duty to make reasonable adjustments, regard shall be had, in particular, to—
a
the extent to which taking the step would prevent the effect in relation to which the duty is imposed;
b
the extent to which it is practicable for him to take the step;
c
the financial and other costs which would be incurred by him in taking the step and the extent to which taking it would disrupt any of his activities;
d
the extent of his financial and other resources;
e
the availability to him of financial or other assistance with respect to taking the step;
f
the nature of his activities and the size of his undertaking;
g
where the step would be taken in relation to a private household, the extent to which taking it would—
i
disrupt that household, or
ii
disturb any person residing there.
2
The following are examples of steps which a person may need to take in relation to a disabled person in order to comply with a duty to make reasonable adjustments—
a
making adjustments to premises;
b
allocating some of the disabled person’s duties to another person;
c
transferring him to fill an existing vacancy;
d
altering his hours of working or training;
e
assigning him to a different place of work or training;
f
allowing him to be absent during working or training hours for rehabilitation, assessment or treatment;
g
giving, or arranging for, training or mentoring (whether for the disabled person or any other person);
h
acquiring or modifying equipment;
i
modifying instructions or reference manuals;
j
modifying procedures for testing or assessment;
k
providing a reader or interpreter;
l
providing supervision or other support.
3
For the purposes of a duty to make reasonable adjustments, where under any binding obligation a person is required to obtain the consent of another person to any alteration of the premises occupied by him—
a
it is always reasonable for him to have to take steps to obtain that consent; and
b
it is never reasonable for him to have to make that alteration before that consent is obtained.
4
The steps referred to in subsection (3)(a) shall not be taken to include an application to a court or tribunal.
5
In subsection (3), “binding obligation” means a legally binding obligation (not contained in a lease (within the meaning of section 18A(3)) in relation to the premises, whether arising from an agreement or otherwise.
6
A provision of this Part imposing a duty to make reasonable adjustments applies only for the purpose of determining whether a person has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.