The Disability Discrimination (Employment) Regulations 1996 / [Department for Education and Employment].

  • United Kingdom
Date:
1996
Catalogue details

Licence: Open Government Licence

Credit: The Disability Discrimination (Employment) Regulations 1996 / [Department for Education and Employment]. Source: Wellcome Collection.

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    as it would be reasonable for him to have to take if the arrangements were made by him or on his behalf or, as the case may be, the premises were occupied by him. (3) For the purposes of section 6 of the Act (and that section as applied by section 12(3) of the Act) it is not reasonable for any principal to whom a contract worker is supplied to have to take any step which it is reasonable for the employer to have to take pursuant to paragraph (2) above or otherwise. Building Regulations 8.—(1) This regulation applies only to a physical characteristic included within building works which— (a) was adopted with a view to meeting the requirements for the time being of- (i) (in England and Wales) Part M of the building regulations(a), and (ii) (in Scotland) Part T of the Technical Standards, with regard to access and facilities for disabled people, and (b) met those requirements at the time the building works were carried out and continues substantially to meet those requirements which applied at the time the building works were carried out. (2) For the purposes of section 6(1) of the Act it is never reasonable for an employer to have to take steps in relation to a disabled person to the extent that this would involve altering any physical characteristic to which this regulation applies. Physical features 9. For the purposes of section 6(1) of the Act the following are to be treated as physical features (whether permanent or temporary)— (a) any feature arising from the design or construction of a building on the premises; (b) any feature on the premises of any approach to, exit from or access to such a building; (c) any fixtures, fittings, furnishings, furniture, equipment or materials in or on the premises; (d) any other physical element or quality of any land comprised in the premises. Consent to an adjustment 10.—(1) For the purposes of section 6(1) of the Act where under any binding obligation the employer is required to obtain the consent of any person to any alteration of the premises occupied by him it is always reasonable for the employer to have to take steps to obtain that consent and it is never reasonable for the employer to have to make that alteration before that consent is obtained. (2) The steps referred to in paragraph (1) above shall not be taken to include an application to a court or tribunal. Lessor withholding consent 11.—(1) For the purposes of section 16 of and Part I of Schedule 4 to the Act a lessor is to be taken to have withheld his consent to an alteration where he has received a written application by or on behalf of the occupier for consent to make the alteration and has failed to meet the requirements specified in paragraph (2) below. (2) The requirements are that the lessor within a period of 21 days (beginning with the day on which he receives the application referred to in paragraph (1) above) or such longer period as is reasonable— (a) replies consenting to or refusing the application, or (a) The Regulations currently in force are the Building Regulations 199] (S.L 1991/2768). Schedule ] contains Part M. Part M was originally introduced by the Building (Disabled People) Regulations 1987 (S.1. 1987/1445).