Section 15 Discrimination arising from disability
(1) A person (A) discriminates against a disabled person (B) if—
(a) A treats B unfavourably because of something arising in consequence of B's disability, and
(b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
(2) Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.
Section 20 Duty to make adjustments
(1)Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A.
(2)The duty comprises the following three requirements.
(3)The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
(5)The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.
(6)Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format.
(7)A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty.
(8)A reference in section 21 or 22 or an applicable Schedule to the first, second or third requirement is to be construed in accordance with this section.
(9)In relation to the second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to—
(a)removing the physical feature in question,
(b)altering it, or
(c)providing a reasonable means of avoiding it.
(10)A reference in this section, section 21 or 22 or an applicable Schedule (apart from paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to—
(a)a feature arising from the design or construction of a building,
(b)a feature of an approach to, exit from or access to a building,
(c)a fixture or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or
(d)any other physical element or quality.
(11)A reference in this section, section 21 or 22 or an applicable Schedule to an auxiliary aid includes a reference to an auxiliary service.
(12)A reference in this section or an applicable Schedule to chattels is to be read, in relation to Scotland, as a reference to moveable property.
(13)The applicable Schedule is, in relation to the Part of this Act specified in the first column of the Table, the Schedule specified in the second column.
Section 165 Passengers in wheelchairs
(1)This section imposes duties on the driver of a designated taxi which has been hired—
(a)by or for a disabled person who is in a wheelchair, or
(b)by another person who wishes to be accompanied by a disabled person who is in a wheelchair.
(2)This section also imposes duties on the driver of a designated private hire vehicle, if a person within paragraph (a) or (b) of subsection (1) has indicated to the driver that the person wishes to travel in the vehicle.
(3)For the purposes of this section—
(a)a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 167;
(b)“the passenger” means the disabled person concerned.
(4)The duties are—
(a)to carry the passenger while in the wheelchair;
(b)not to make any additional charge for doing so;
(c)if the passenger chooses to sit in a passenger seat, to carry the wheelchair;
(d)to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort;
(e)to give the passenger such mobility assistance as is reasonably required.
(5)Mobility assistance is assistance—
(a)to enable the passenger to get into or out of the vehicle;
(b)if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair;
(c)to load the passenger's luggage into or out of the vehicle;
(d)if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.
(6)This section does not require the driver—
(a)unless the vehicle is of a description prescribed by the Secretary of State, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey;
(b)to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person.
(7)A driver of a designated taxi or designated private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section.
(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9)It is a defence for a person charged with the offence to show that at the time of the alleged offence—
(a)the vehicle conformed to the accessibility requirements which applied to it, but
(b)it would not have been possible for the wheelchair to be carried safely in the vehicle.
(10)In this section and sections 166 and 167 “private hire vehicle” means—
(a)a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;
(b)a vehicle licensed under section 7 of the Private Hire Vehicles (London) Act 1998;
(c)a vehicle licensed under an equivalent provision of a local enactment;
(d)a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982.
Section 168 Assistance dogs in taxis
(1)This section imposes duties on the driver of a taxi which has been hired—
(a)by or for a disabled person who is accompanied by an assistance dog, or
(b)by another person who wishes to be accompanied by a disabled person with an assistance dog.
(2)The driver must—
(a)carry the disabled person's dog and allow it to remain with that person;
(b)not make any additional charge for doing so.
(3)The driver of a taxi commits an offence by failing to comply with a duty imposed by this section.
(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Section 182 Rail vehicle accessibility regulations
(1)The Secretary of State may make regulations (in this Chapter referred to as “rail vehicle accessibility regulations”) for securing that it is possible for disabled persons—
(a)to get on to and off regulated rail vehicles in safety and without unreasonable difficulty;
(b)to do so while in wheelchairs;
(c)to travel in such vehicles in safety and reasonable comfort;
(d)to do so while in wheelchairs.
(2)The regulations may, in particular, make provision as to the construction, use and maintenance of regulated rail vehicles including provision as to—
(a)the fitting of equipment to vehicles;
(b)equipment to be carried by vehicles;
(c)the design of equipment to be fitted to, or carried by, vehicles;
(d)the use of equipment fitted to, or carried by, vehicles;
(e)the toilet facilities to be provided in vehicles;
(f)the location and floor area of the wheelchair accommodation to be provided in vehicles;
(g)assistance to be given to disabled persons.
Section 190 Improvements to let dwelling houses
(1)This section applies in relation to a lease of a dwelling house if each of the following applies—
(a)the tenancy is not a protected tenancy, a statutory tenancy or a secure tenancy;
(b)the tenant or another person occupying or intending to occupy the premises is a disabled person;
(c)the disabled person occupies or intends to occupy the premises as that person's only or main home;
(d)the tenant is entitled, with the consent of the landlord, to make improvements to the premises;
(e)the tenant applies to the landlord for consent to make a relevant improvement.
(2)Where the tenant applies in writing for the consent—
(a)if the landlord refuses to give consent, the landlord must give the tenant a written statement of the reason why the consent was withheld;
(b)if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been unreasonably withheld.
(3)If the landlord gives consent subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld.
(4)If the landlord's consent is unreasonably withheld, it must be taken to have been given.
(5)On any question as to whether—
(a)consent was unreasonably withheld, or
(b)a condition imposed was unreasonable,it is for the landlord to show that it was not.
(6)If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of the tenancy.
(7)An improvement to premises is a relevant improvement if, having regard to the disabled peron's disability, it is likely to facilitate that person's enjoyment of the premises.
(8)Subsections (2) to (7) apply only in so far as provision of a like nature is not made by the lease.
(9)In this section—
“improvement” means an alteration in or addition to the premises and includes—
(a)an addition to or alteration in the landlord's fittings and fixtures;
(b)an addition or alteration connected with the provision of services to the premises;
(c)the erection of a wireless or television aerial;
(d)carrying out external decoration;
“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant” are to be construed accordingly;
“protected tenancy” has the same meaning as in section 1 of the Rent Act 1977;
“statutory tenancy” is to be construed in accordance with section 2 of that Act;
“secure tenancy” has the same meaning as in section 79 of the Housing Act 1985.