The Equality Act 2010 (Disability) Regulations 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/2128 |
| Year | 2010 |
2010 No. 2128
Equality
Disabled Persons
The Equality Act 2010 (Disability) Regulations 2010
Made 25th August 2010
Laid before Parliament 31th August 2010
Coming into force 1st October 2010
The Secretary of State, in exercise of the powers conferred by sections 22(2)(a) and (e) 207(1), (2) and (4), and section 212(1)1of and paragraphs 1, 2(4), 3(2), 4 and 7(1) of Schedule 1 and paragraph 6 of Schedule 21 to the Equality Act 20102, makes the following Regulations:
PART 1
Introductory
Citation and Commencement
1. These Regulations may be cited as the Equality Act 2010 (Disability) Regulations 2010 and shall come into force on 1st October 2010.
Interpretation
2. In these Regulations —
“the Act” means the Equality Act 2010;
“addiction” includes a dependency;
“building” means an erection or structure of any kind;
“consultant ophthalmologist” means a consultant or honorary consultant appointed in the medical speciality of ophthalmology, who is employed for the purposes of providing any service as part of the health service continued under section 1(1) and (2) of the National Health Service Act 20063, section 1(1) and (2) of the National Health Service (Wales) Act 20064, section 1(1) of the National Health Service (Scotland) Act 19785or section 2(1)(a) of the Health and Social Care (Reform) Act (Northern Ireland) 20096;
“a second requirement duty” means a duty to comply with the second requirement contained in any of the following provisions of the Act—
(a) paragraph 2 of Schedule 2;
(b) paragraph 2 of Schedule 8;
(c) paragraph 3 of Schedule 13;
(d) paragraph 2 of Schedule 15.
PART 2
Determination of Disability
Addictions
3.—(1) Subject to paragraph (2) below, addiction to alcohol, nicotine or any other substance is to be treated as not amounting to an impairment for the purposes of the Act.
(2) Paragraph (1) above does not apply to addiction which was originally the result of administration of medically prescribed drugs or other medical treatment.
Other conditions not to be treated as impairments
4.—(1) For the purposes of the Act the following conditions are to be treated as not amounting to impairments:—
(a)
(a) a tendency to set fires,
(b)
(b) a tendency to steal,
(c)
(c) a tendency to physical or sexual abuse of other persons,
(d)
(d) exhibitionism, and
(e)
(e) voyeurism.
(2) Subject to paragraph (3) below, for the purposes of the Act the condition known as seasonal allergic rhinitis shall be treated as not amounting to an impairment.
(3) Paragraph (2) above shall not prevent that condition from being taken into account for the purposes of the Act where it aggravates the effect of any other condition.
Tattoos and piercings
5. For the purposes of paragraph 3 of Schedule 1 to the Act, a severe disfigurement is not to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if it consists of—
(a) a tattoo (which has not been removed), or
(b) a piercing of the body for decorative or other non-medical purposes, including any object attached through the piercing for such purposes.
Babies and young children
6. For the purposes of the Act, where a child under six years of age has an impairment which does not have a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities, the impairment is to be taken to have a substantial and long-term adverse effect on the ability of that child to carry out normal day-to-day activities where it would normally have that effect on the ability of a person aged 6 years or over to carry out normal day-to-day activities.
Persons deemed to have a disability
7. A person is deemed to have a disability, and hence to be a disabled person, for the purposes of the Act where that person is certified as blind, severely sight impaired, sight impaired or partially sighted by a consultant ophthalmologist.
PART 3
Auxiliary Aids or Services
Auxiliary aids or services
8.—(1) The following are to be treated as auxiliary aids or services for the purposes of paragraphs 2 to 4 of Schedule 4 to the Act—
(a)
(a) the removal, replacement or (subject to paragraph (2)) provision of any furniture, furnishings, materials, equipment and other chattels;
(b)
(b) the replacement or provision of any signs or notices;
(c)
(c) the replacement of any taps or door handles;
(d)
(d) the replacement, provision or adaptation of any door bell, or any door entry system;
(e)
(e) changes to the colour of any surface (such as, for example, a wall or door).
(2) Paragraph (1)(a) does not include the provision of any item which would be a fixture when installed.
(3) It is reasonable to regard a request for a matter falling within paragraph (1) as a request for a controller of premises to take steps in order to provide an auxiliary aid or service.
(4) In paragraph (3), the “controller of premises” means—
(a)
(a) in relation to paragraph 2 of Schedule 4 to the Act, the controller of let premises;
(b)
(b) in relation to paragraph 3 of Schedule 4 to the Act, the controller of premises that are to let; and,
(c)
(c) in relation to paragraph 4 of Schedule 4 to the Act, the commonhold association.
PART 4
Reasonable Adjustments to Physical Features
Reasonableness and design standards
9.—(1) This regulation prescribes particular circumstances, for the purposes of paragraph 2 of Schedule 2 and paragraph 2 of Schedule 15 to the Act, in which it is not reasonable for a provider of services, a public authority carrying out its functions or an association to have to take the steps specified in this regulation.
(2) 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 where the feature concerned —
(a)
(a) was provided in or in connection with a building for the purpose of assisting people to have access to the building or to use facilities provided in the building; and
(b)
(b) satisfies the relevant design standard.
(3) Whether a physical feature satisfies the relevant design standard shall be determined in accordance with the Schedule.
Landlord withholding consent
10.—(1) This regulation prescribes particular circumstances in which a relevant landlord (L) is to be taken, for the purposes of Schedule 21 to the Act, to have withheld consent for alterations to premises.
(2) Subject to paragraph (3), L is to be taken to have withheld such consent where, within the period of 42 days beginning with the date on which L receives the application for consent, L—
(a)
(a) fails to reply consenting to or refusing the alteration; or
(i) (b)
(i) (b) replies consenting to the alteration subject to obtaining the consent of another person required under a superior leave or pursuant to a binding obligation, but
(ii) fails to seek that consent.
(3) L is not to be taken to have withheld consent for the purposes of paragraph (2) where—
(a)
(a) the applicant fails to submit with the application such plans and specifications as it is reasonable for L to require before consenting to the alteration, and
(b)
(b) within the period of 21 days beginning with the date on which he receives the application, L replies requesting the applicant to submit such plans and specifications.
(4) However, where such plans and specifications are submitted to L in response to a request made in accordance with paragraph (3)(b), L shall be taken to have withheld consent to the alteration where, within the period of 42 days beginning with the date on which he receives those plans and specifications L—
(a)
(a) fails to reply consenting or refusing the alteration; or
(i) (b)
(i) (b) replies consenting to the alteration subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, but
(ii) fails to seek that consent.
(5) L, who having sought the consent of the other person referred to in paragraphs (2)(b) or (4)(b), receives that consent, shall be taken to have withheld consent to the alteration where, within the period of 14 days beginning with the day on which he receives the consent, L fails to inform the applicant in writing that it has been received.
(6) L who, but for the requirements as to time, complies with the requirements of paragraphs (2), (4) or (5) shall be taken to have withheld consent until such time as he so complies.
(7) For the purposes of this regulation—
(a)
(a) L is to be treated as not having sought another’s consent unless he—
(i) has applied in writing to that person indicating that—
(aa) the occupier has applied for consent to the alteration of the premises in order to comply with a second requirement duty; and
(bb) L has given his consent conditionally upon obtaining the other person’s consent; and
(ii) submits to that other person any plans and specifications which have been submitted to L;
(b)
(b) “to reply” means to reply in writing.
Landlord withholding consent unreasonably
11.—(1) This regulation prescribes particular circumstances in which a relevant landlord (L) is to be taken, for the purposes of Schedule 21 to the Act, to have acted unreasonably in withholding consent for alterations to the premises.
(2) The circumstances so prescribed are that the lease provides that L shall give his consent to an alteration of the kind in question and L has withheld his consent to that alteration.
Landlord withholding consent reasonably
12.—(1) This regulation prescribes...
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