SCHEDULES
E8SCHEDULE 4 Premises Occupied Under Leases
C1C2Part II Occupation by F9persons 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
Failure to obtain consent to alteration
E15
F1If any question arises as to whether the occupier has failed to comply with the section 21 duty F2or the duty imposed under section 21E or 21H, by failing to make a particular alteration to premises, any constraint attributable to the fact that he occupies the premises under a lease is to be ignored unless he has applied to the lessor in writing for consent to the making of the alteration.
Reference to court
E26
F31
If the occupier has applied in writing to the lessor for consent to the alteration and—
a
that consent has been refused, or
b
the lessor has made his consent subject to one or more conditions,
the occupier or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.
2
In the following provisions of this Schedule “court” includes “sheriff”.
3
On such a reference the court shall determine whether the lessor’s refusal was unreasonable or (as the case may be) whether the condition is, or any of the conditions are, unreasonable.
4
If the court determines—
a
that the lessor’s refusal was unreasonable, or
b
that the condition is, or any of the conditions are, unreasonable,
it may make such declaration as it considers appropriate or an order authorising the occupier to make the alteration specified in the order.
5
An order under sub-paragraph (4) may require the occupier to comply with conditions specified in the order.
Joining lessors in proceedings under section 25
E37
F41
In any proceedings on a claim F5under section 25 in a case to which section 27 applies, other than a claim presented as a complaint under section 25(8), the plaintiff, the pursuer or the occupier concerned may ask the court to direct that the lessor be joined or sisted as a party to the proceedings.
2
The request shall be granted if it is made before the hearing of the claim begins.
3
The court may refuse the request if it is made after the hearing of the claim begins.
4
The request may not be granted if it is made after the court has determined the claim.
5
Where a lessor has been so joined or sisted as a party to the proceedings, the court 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 court 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
If the court orders the lessor to pay compensation it may not order the occupier to do so.
F11F10Joining 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)
F10E47A
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11E57A
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.
Regulations
E6I18
F7Regulations may make provision as to circumstances in which—
a
a lessor is to be taken, for the purposes of section 27 and this Part of this Schedule to have—
i
withheld his consent;
ii
withheld his consent unreasonably;
iii
acted reasonably in withholding his consent;
b
a condition subject to which a lessor has given his consent is to be taken to be reasonable;
c
a condition subject to which a lessor has given his consent is to be taken to be unreasonable.
Sub-leases etc.
E7I29
F8The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by section 27 or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)