{
  "url": "https://openlegislation.uk/disability-discrimination-private-clubs-etc-regulations-2005/regulation-13",
  "json_url": "https://openlegislation.uk/disability-discrimination-private-clubs-etc-regulations-2005/regulation-13.json",
  "legislation": "uksi/2005/3258",
  "legislation_title": "The Disability Discrimination (Private Clubs etc.) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/disability-discrimination-private-clubs-etc-regulations-2005",
  "path": "regulation/13",
  "kind": "regulation",
  "number": "13",
  "heading": "Duty of associations to make adjustments: justification",
  "text": "(1) For the purposes of section 21G(6) of the 1995 Act, failure to comply with a duty set out in any of regulations 6 to 9 is justified only if—\n(a) in the opinion of the association, one or both of the conditions mentioned in paragraph (2) are satisfied; and\n(b) it is reasonable, in all the circumstances, for it to hold that opinion.\n(2) The conditions are that—\n(a) the non-compliance with the duty is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person);\n(b) subject to paragraph (3), the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the non-compliance with the duty is reasonable in that case.\n(3) The condition at paragraph (2)(b) shall not apply where another person is acting for a disabled person by virtue of—\n(a) a power of attorney; or\n(b) functions conferred by or under Part 7 of the Mental Health Act 1983; or\n(c) powers exercisable in relation to the disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2007/1898",
      "affecting_title": "The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/3258/regulation/13",
    "retrieved_at": "2026-10-29T04:44:53.511767+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}