Explanatory note

These Regulations re-enact with amendments provisions which were previously made under the Disability Discrimination Act 1995 (c. 50) and which are revoked by regulation 15 of these Regulations.

Part 2 contains provisions which supplement those in the Act about when a person is disabled for the purposes of that Act.

Regulation 3 excludes from the scope of the definition of disability addictions (other than those medically caused).

Regulation 4 excludes certain conditions from being impairments for the purposes of the Act.

Regulation 5 provides that severe disfigurements consisting of tattoos and certain body piercings are not to be treated as having a substantial adverse effect on a person's ability to carry out normal day-to-day activities.

Regulation 6 contains provision for assessing the ability of a child under six years of age to carry out normal day-to-day activities.

Regulation 7 deems a person who is certified by a consultant ophthalmologist as blind, severely sight-impaired, sight-impaired or partially sighted to be a disabled person. The various terms used in this provision reflect the fact that the terminology used in the certificates by consultant ophthalmologists has changed over time.

In Part 3, regulation 8 sets out things which are to be treated as auxiliary aids or services for the purposes of paragraphs 2 to 4 of Schedule 4 to the Act.

Part 4 contains provisions about reasonable adjustments to physical features of premises.

Regulation 9 provides that 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 which was provided in or in connection with a building to assist with access to the building or to use facilities and satisfies the design standard. The Schedule to these Regulations provides details of how to determine whether the design standard is satisfied.

Regulation 10 sets out the circumstances in which a relevant landlord is taken to have withheld consent for the purposes of Schedule 21 to the Act.

Regulations 11 and 12 set out circumstances in which a relevant landlord is taken to have withheld consent for the purposes of Schedule 21 to the Act unreasonably and reasonably respectively.

Regulation 13 sets out circumstances in which a condition imposed by a landlord to consent to an alteration is reasonable for the purposes of Schedule 21 to the Act.

Regulation 14 provides modifications to Schedule 21 to the Act where the occupier occupies premises under a sub-tenancy.

A full impact assessment has not been produced for this instrument as it has a negligible impact on the private sector and civil society organisations.

The Schedule refers to “Approved Document M” (in the case of England and Wales) and “Technical Handbook” (in the case of Scotland). Copies of Approved Document M (2004 edition: ISBN 011 753901 5; 1999 edition: ISBN 011 753469 2; 1992 edition: ISBN 011 752447 6) are available from The Stationery Office Limited (mail, telephone, fax and e-mail orders only), PO Box 29, Norwich NR3 1GN (telephone orders 0870 600 5522, fax orders 0870 600 5533, e-mail [email protected], textphone 0870 240 3701, internet http://www.tso.co.uk/bookshop) and from The Stationery Office Bookshops. Copies of the non-domestic Technical Handbook (2005 edition: ISBN 095462923 X; 2007 edition: ISBN 9780114973384; 2010 edition: ISBN 9780114973568) plus erratum and updates issued in 2006, 2008 and 2009 are available from http://www.scotland.gov.uk/Topics/Built-Environment/Building/Building-standards/publications. Alternatively, the Handbook is available in loose-leaf format from the Stationery Office Limited.