Regulation 5 Circumstances in which less favourable treatment is justified: guarantees

(1)

Where, for a reason which relates to the disabled person’s disability, a provider of services^f1 (“the provider”) treats a disabled person less favourably than he treats or would treat others to whom that reason does not or would not apply, that treatment shall be taken to be justified for the purposes of section 20 of the Act in the circumstances specified in paragraph (2).

(2)

The circumstances referred to in paragraph (1) are that—

(a)

the provider provides a guarantee (whether or not legally enforceable) that—

(i)

the purchase price of services that he has provided will be refunded if the services are not of satisfactory quality; or

(ii)

services in the form of goods that he has provided will be replaced or repaired if those goods are not of satisfactory quality; and

(b)

the provider refuses to provide a replacement, repair or refund under the guarantee because damage has occurred for a reason which relates to the disabled person’s disability, and the damage is above the level at which the provider would normally provide a replacement, repair or refund under the guarantee; and

(c)

it is reasonable in all the circumstances of the case for the provider to refuse to provide a replacement, repair or refund under the guarantee.

(3)

In this regulation “guarantee” includes any document having the effect referred to in paragraph (2)(a) whether or not that document is described as a guarantee by the provider.

Annotations

Footnotes

f1: The provision of “services” for these purposes includes the provision of any goods or facilities; see section 19(2)(a) of the Act.