SCHEDULES
E1SCHEDULE 4 Premises Occupied Under Leases
F2C1C2Part 3 OCCUPATION BY EDUCATIONAL INSTITUTIONS
Sch. 4 Pt. 3 (paras. 10-14) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 31(2), Sch. 6 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
Sch. 4 Pt. 3 (paras. 10-14) modified (28.6.2002) by S.I. 2002/1458, reg. 7 (which Regulations were revoked (1.5.2005) by S.I. 2005/1070, reg. 8)
Sch. 4 Pt. 3 modified (1.5.2005) by The Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulations 2005, {reg. 7}
F111Reference to court
1
If the responsible body 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,
that body 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
On such a reference the court must 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.
3
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 responsible body to make the alteration specified in the order.
4
An order under sub-paragraph (3) may require the responsible body to comply with conditions specified in the order.
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)