C2Part IIF6THE EMPLOYMENT FIELDF7 AND DISTRICT COUNCILSF8and members of locally-electable authorities

Annotations:
Amendments (Textual)
F6

Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)

F7

Pt. II heading: words inserted (N.I) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order ( S.I. 2006/312 (N.I. 1)), arts. 1, 19(1), {Sch. 1 para. 4}; S.R. 2007/466, art. 2(2)(l)

F8

Pt 2 heading: words inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 4; S.I 2005/2774, {art. 3(j)}

Modifications etc. (not altering text)

F9Supplementary and general

Annotations:
Amendments (Textual)
F9

Cross-heading "Supplementary and General" inserted (3.7.2003 for E.W.S. for certain purposes and 21.2.2004 for N.I. for certain purposes, and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 17(1); The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004

(S.R. 2004/55), regs. 1(2)(3), {17(1)}

F1I1C118A Alterations to premises occupied under leases.

F21

This section applies where—

a

F3a person to whom a duty to make reasonable adjustments applies(“the occupier”) occupies premises under a lease;

b

but for this section, the occupier would not be entitled to make a particular alteration to the premises; and

c

the alteration is one which the occupier proposes to make in order to comply with F4that duty.

2

Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided—

a

for the occupier to be entitled to make the alteration with the written consent of the lessor;

b

for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration;

c

if such an application is made, for the lessor not to withhold his consent unreasonably; and

d

for the lessor to be entitled to make his consent subject to reasonable conditions.

F52A

Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided—

i

for the lessee to have to make a written application to the lessor for consent to the alteration;

ii

if such an application is made, for the lessor not to withhold his consent unreasonably; and

iii

for the lessor to be entitled to make his consent subject to reasonable conditions.

3

In this section—

  • “lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and

  • “sub-lease” and “sub-tenancy” have such meaning as may be prescribed.

4

If the terms and conditions of a lease—

a

impose conditions which are to apply if the occupier alters the premises, or

b

entitle the lessor to impose conditions when consenting to the occupier’s altering the premises,

the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration.

5

Part I of Schedule 4 supplements the provisions of this section.