Equality Act 2010 (Disability) Regulations 2010

SI 2010 No. 2128

These Regulations re-enact with amendments provisions which were previously made under the Disability Discrimination Act 1995 (c. 50) and which are revoked by regulation 15 of these Regulations.

Part 2 contains provisions which supplement those in the Act about when a person is disabled for the purposes of that Act.

Regulation 3 excludes from the scope of the definition of disability addictions (other than those medically caused).

Regulation 4 excludes certain conditions from being impairments for the purposes of the Act.

Regulation 5 provides that severe disfigurements consisting of tattoos and certain body piercings are not to be treated as having a substantial adverse effect on a person's ability to carry out normal day-to-day activities.

Regulation 6 contains provision for assessing the ability of a child under six years of age to carry out normal day-to-day activities.

Regulation 7 deems a person who is certified by a consultant ophthalmologist as blind, severely sight-impaired, sight-impaired or partially sighted to be a disabled person. The various terms used in this provision reflect the fact that the terminology used in the certificates by consultant ophthalmologists has changed over time.

In Part 3, regulation 8 sets out things which are to be treated as auxiliary aids or services for the purposes of paragraphs 2 to 4 of Schedule 4 to the Act.

Part 4 contains provisions about reasonable adjustments to physical features of premises.

Regulation 9 provides that it is not reasonable for a provider of services, a public authority carrying out its functions or an association to have to remove or alter a physical feature which was provided in or in connection with a building to assist with access to the building or to use facilities and satisfies the design standard. The Schedule to these Regulations provides details of how to determine whether the design standard is satisfied.

Regulation 10 sets out the circumstances in which a relevant landlord is taken to have withheld consent for the purposes of Schedule 21 to the Act.

Regulations 11 and 12 set out circumstances in which a relevant landlord is taken to have withheld consent for the purposes of Schedule 21 to the Act unreasonably and reasonably respectively.

Regulation 13 sets out circumstances in which a condition imposed by a landlord to consent to an alteration is reasonable for the purposes of Schedule 21 to the Act.

Regulation 14 provides modifications to Schedule 21 to the Act where the occupier occupies premises under a sub-tenancy.

Made: 25th August 2010 Laid before Parliament: 31st August 2010 Coming into force: 1st October 2010

Published: 01/09/2010 09:38

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