Regulation 13 Duty of associations to make adjustments: justification
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—
in the opinion of the association, one or both of the conditions mentioned in paragraph (2) are satisfied; and
it is reasonable, in all the circumstances, for it to hold that opinion.
The conditions are that—
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);
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.
The condition at paragraph (2)(b) shall not apply where another person is acting for a disabled person by virtue of—
an enduring power of attorney; or
functions conferred by or under Part VIII of the Mental Health (Northern Ireland) Order 1986.