SCHEDULES
E3SCHEDULE 4 Premises Occupied Under Leases
C1C2Part II Occupation by F2persons subject to a duty under section 21, 21E or 21H
Sch. 4 Pt. 2: words in heading substituted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(3); S.I. 2005/2774, art. 4(f) and said words substituted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(3); S.R. 2007/466, art. 2(l)
Sch. 4 Pt. II modified (1.10.2004) by S.I. 2001/3253, reg. 9
F4F3Joining lessors in proceedings relating to group insurance or employment services
Sch. 4 para. 7A and cross-heading inserted ((N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 31(6); S.R. 2007/466, art. 2(2)(l)
Sch. 4 para. 7A and cross-heading inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 40(6); S.I. 2005/2774, art. 3(j)
F3E17A
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4E27A
1
In any proceedings on a complaint under section 25(8) in a case to which section 27 applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined as a party to the proceedings.
2
The request shall be granted if it is made before the hearing of the complaint begins.
3
The tribunal may refuse the request if it is made after the hearing of the complaint begins.
4
The request may not be granted if it is made after the tribunal has determined the complaint.
5
Where a lessor has been so joined as a party to the proceedings, the tribunal may determine—
a
whether the lessor has—
i
refused consent to the alteration, or
ii
consented subject to one or more conditions; and
b
if so, whether the refusal or any of the conditions was unreasonable.
6
If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—
a
make such declaration as it considers appropriate;
b
make an order authorising the occupier to make the alteration specified in the order;
c
order the lessor to pay compensation to the complainant.
7
An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.
8
Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under section 17A(2).
9
If the tribunal orders the lessor to pay compensation it may not make an order under section 17A(2) ordering the occupier to do so.
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)