Assistance Dog Law

If you offer a service to members of the public whether for payment or not, whether you are a business or a public service card explains what your legal duties are to assistance dog owners under the Equality Act 2010

Equality Act 2010

  • 2010 c. 15 Part 2 Chapter 1 Section 6 - Disability

6  Disability

  1. A person (P) has a disability if -

 

  1. P has a physical or mental impairment, and
  2. the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities

 

  1. A reference to a disabled person is a reference to a person who has a disability.
  2. In relation to the protected characteristic of diablity - 

 

  1. a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;
  2. a reference to persons who share a protected characteristic is a reference to persons who have the same disability.

 

  1. This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section) -

 

  1. a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and
  2. a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability.

 

  1. A Minister of the Crown may issue guidance about matters to be taken into account in deciding any question for the purposes of subsection (1).
  2. Schedule 1 (disability: supplementary provision) has effect.

 

  • 2010 c. 15 Part 2 Chapter 2 Adjustments for disabled persons Section 20 - Duty to make adjustments

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 requiremnt, where a provision, criterion or practice of A's puts a disabled peerson 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 stemps 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 auxilary aid, be put at a substanitial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to hve to take to provide the auxilary 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 accesible format.
  7. A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the countrary) 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 tot he second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to - 

 

  1. removing the phsical feature in question,
  2. altering it, or
  3. providing a reasonable means of avoiding it.

 

 

  1. A reference in this section, section 21 or 22 or an applicabl eSchedule (apart form paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to -

 

  1. a feature arising from the design or construction of a building,
  2. a feature of an approach to, exit from or access a building,
  3. a fixute or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or
  4. any othe physical element of quality

 

  1. A reference in this section, section 21 or 22 or an applicable Schedule to an auxiliary aid includes a reference to an auxiliary service.
  2. A reference in this section or an applicalbe Schedule to chattels is to be read, in relation to Scotland, as a reference to moveabl eproperty.
  3. The applicable Schedule is, in relation to teh Part of this Act specified in the first colum of the Table, the Schedule specified in the second column.
  • 2010 c. 15 Part 2 Chapter 2 Discrimination Section 15 - Descriimination arising from disability

15 Discrimination arising from disability

(1) A person (A) discriminates against a disabled person (B) if - 

a) A treats B unfavourably becasue of something arising in consequensce of B's disability, and

b) A cannot show that the treatment is a proportionate menas of achieving a legitimate aim.

(2) Susection (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.

For further information, please vist the below website.

www.assistancedoglaw.co.uk

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