SCHEDULES

E5SCHEDULE 4 Premises Occupied Under Leases

Annotations:
Extent Information
E5

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

C4Part I Occupation by F13EMPLOYER etc

Annotations:
Amendments (Textual)
F13

Sch. 4 Pt. 1: words in heading substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(b) and said words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(b)

Modifications etc. (not altering text)

Joining lessors in proceedings under F7section 17A F8. . .

Annotations:
Amendments (Textual)
F7

Sch. 4: words in cross-heading preceding para. 2 substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(3)(d) and same words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(3)(d)

E2C22

F31

In any proceedings F4on a complaint under section 17A, in a case to which F5section 18A applies, the complainant or the occupier may ask the tribunal hearing the complaint to direct that the lessor be joined or sisted as a party to the proceedings.

2

The request shall be granted if it is made before the hearing of the complaint begins.

3

The tribunal may refuse the request if it is made after the hearing of the complaint begins.

4

The request may not be granted if it is made after the tribunal has determined the complaint.

5

Where a lessor has been so joined or sisted as a party to the proceedings, the tribunal may determine—

a

whether the lessor has—

i

refused consent to the alteration, or

ii

consented subject to one or more conditions, and

b

if so, whether the refusal or any of the conditions was unreasonable,

6

If, under sub-paragraph (5), the tribunal determines that the refusal or any of the conditions was unreasonable it may take one or more of the following steps—

a

make such declaration as it considers appropriate;

b

make an order authorising the occupier to make the alteration specified in the order;

c

order the lessor to pay compensation to the complainant.

7

An order under sub-paragraph (6)(b) may require the occupier to comply with conditions specified in the order.

8

Any step taken by the tribunal under sub-paragraph (6) may be in substitution for, or in addition to, any step taken by the tribunal under F6section 17A(2).

9

If the tribunal orders the lessor to pay compensation it may not make an order under F6section 17A(2) ordering the occupier to do so.

Regulations

E3I1C33

F9Regulations may make provision as to circumstances in which—

a

a lessor is to be taken, for the purposes of F10section 18A and this Part of this Schedule to have—

i

withheld his consent;

ii

withheld his consent unreasonably;

iii

acted reasonably in withholding his consent;

b

a condition subject to which a lessor has given his consent is to be taken to be reasonable;

c

a condition subject to which a lessor has given his consent is to be taken to be unreasonable.

Sub-leases etc.

E4I24

F11The Secretary of State may by regulations make provision supplementing, or modifying, the provision made by F12section 18A or any provision made by or under this Part of this Schedule in relation to cases where the occupier occupies premises under a sub-lease or sub-tenancy.