PART IIIDISABILITY DISCRIMINATION IN EDUCATION

CHAPTER IIIGENERAL QUALIFICATIONS BODIES

F1Alterations to premises occupied under leasesC137B

1

This Article applies where—

a

a general qualifications body occupies premises under a lease;

b

but for this Article, the general qualifications body would not be entitled to make a particular alteration to the premises; and

c

the alteration is one which the general qualifications body proposes to make in order to comply with the duty imposed by Article 37(3).

2

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

a

for the general qualifications body to be entitled to make the alteration with the written consent of the lessor;

b

for the general qualifications body to have to make a written application to the lessor for consent if it 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.

3

In this Article and in Schedule 3A—

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

  • “sub-lease” means any sub-term created out of, or deriving from, a leasehold .interest; and

  • “sub-tenancy” means any tenancy created out of, or deriving from, a superior tenancy.

4

For the purposes of paragraph (1), the general qualifications body is to be treated as not being entitled to make the alteration, if the terms and conditions of a lease—

a

impose conditions which are to apply if the general qualifications body alters the premises, or

b

entitle the lessor to impose conditions when consenting to the general qualification's body altering the premises.

5

Schedule 3A supplements the provisions of this Article.