The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations 2004
| Year | 2004 |
2004 No. 153
DISABLED PERSONS
The Disability Discrimination (Employment Field) (Leasehold Premises) Regulations 2004
Made 26th January 2004
Laid before Parliament 2nd February 2004
Coming into force 1st October 2004
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 5(6) and (7), 6(8) and (10), 12(3), 16(3) and 67(3) of, and paragraphs 3 and 4 of Schedule 4 to, the Disability Discrimination Act 19951, and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Disability Discrimination (Employment Field) (Leasehold Premises) Regulations 2004 and shall come into force on 1st October 2004.
(2) These Regulations shall not extend to Northern Ireland.
Interpretation
2. In these Regulations—
“the Act” means the Disability Discrimination Act 1995; and
“binding obligation” means a legally binding obligation (not contained in a lease2) in relation to the premises whether arising from an agreement or otherwise.
Revocations
3. The Disability Discrimination (Employment) Regulations 19963and the Disability Discrimination (Sub-leases and Sub-tenancies) Regulations 19964are hereby revoked.
Lessor withholding consent
4.—(1) For the purposes of section 18A 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 occupier5for consent to make the alteration and has failed to meet the requirements specified in paragraph (2).
(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)) or such longer period as is reasonable—
(a)
(a) replies consenting to or refusing the application, or
(i) (b)
(i) (b) replies consenting to the application subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, and
(ii) seeks that consent.
(3) A lessor who fails to meet the requirements in paragraph (2) but who subsequently meets those requirements (except as to time)—
(a)
(a) shall be taken to have withheld his consent from the date of such failure, and
(b)
(b) shall be taken not to have withheld his consent from the time he met those requirements (except as to time).
(4) For the purposes of this regulation, a lessor is to be treated as not having sought another person’s consent unless he has applied in writing to that person indicating—
(a)
(a) that the lessor’s consent to the alteration has been applied for in order to comply with a duty to make reasonable adjustments6, and
(b)
(b) that he has given his consent conditionally upon obtaining the other person’s consent.
Lessor withholding consent unreasonably
5.—(1) For the purposes of section 18A of and Part I of Schedule 4 to the Act, a lessor is to be taken to have withheld his consent unreasonably where paragraph (2), (3) or (4) applies.
(2) This paragraph applies where—
(a)
(a) the lease provides that consent shall or will be given to an alteration of the kind in question; and
(b)
(b) the lessor withholds his consent to the alteration.
(3) This paragraph applies where—
(a)
(a) the lease provides that consent shall or will be given to an alteration of the kind in question if it is sought in a particular way;
(b)
(b) it is sought in that way; and
(c)
(c) the lessor withholds his consent to the alteration.
(4) This paragraph applies where the lessor is taken to have withheld his consent by virtue of regulation 4.
Lessor withholding consent reasonably
6.—(1) For the purposes of section 18A of and Part I of Schedule 4 to the Act, a lessor is to be taken to have acted reasonably in withholding his consent where—
(a)
(a) there is a binding obligation requiring the consent of any person to the alteration;
(b)
(b) he has taken steps to seek that consent; and
(c)
(c) that consent has not been given or has been given subject to a condition making it reasonable for him to withhold his consent.
(2) For the purposes of section 18A of and Part I of Schedule 4 to the Act, a lessor is to be taken to have acted reasonably in withholding his consent where—
(a)
(a) he is bound by an agreement which allows him to consent to the alteration in question subject to a condition that he makes a payment, and
(b)
(b) that condition does not permit the lessor to make his own consent subject to a condition that the occupier reimburse him the payment.
Lessor’s consent subject to conditions
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