[F124KLet premises and premises that are to let: justificationE+W+S
(1)For the purposes of sections 24A(2) and 24G(2), a person’s failure to comply with a duty is justified only if—
(a)in his opinion, a condition mentioned in subsection (2) is satisfied; and
(b)it is reasonable, in all the circumstances of the case, for him to hold that opinion.
(2)The conditions are—
(a)that it is necessary to refrain from complying with the duty in order not to endanger the health or safety of any person (which may include that of the disabled person concerned);
(b)that the disabled person concerned is incapable of entering into an enforceable agreement, or of giving informed consent, and for that reason the failure is reasonable.
(3)Regulations may—
(a)make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for a person to hold the opinion mentioned in subsection (1)(a);
(b)amend or omit a condition specified in subsection (2) or make provision for it not to apply in prescribed circumstances;
(c)make provision, for purposes of this section, as to circumstances (other than any for the time being mentioned in subsection (2)) in which a failure is to be taken to be justified.]
Textual Amendments
F1S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)