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Regulation 6 Circumstances in which less favourable treatment is justified: deposits in respect of goods and facilities

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where, for a reason which relates to the disabled person’s disability, a provider of services (“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)

when goods or facilities are provided, the disabled person is required to provide a deposit which is refundable if the goods or facilities are undamaged; and

(b)

the provider refuses to refund some or all of the deposit because damage has occurred to the goods or facilities for a reason which relates to the disabled person’s disability, and the damage is above the level at which the provider would normally refund the deposit in full; and

(c)

it is reasonable in all the circumstances of the case for the provider to refuse to refund the deposit in full.