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
- 2010 c. 15 Part 2 Chapter 1 Section 6 - Disability
- A person (P) has a disability if -
- P has a physical or mental impairment, and
- the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities
- A reference to a disabled person is a reference to a person who has a disability.
- In relation to the protected characteristic of diablity -
- a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;
- a reference to persons who share a protected characteristic is a reference to persons who have the same disability.
- 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) -
- a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and
- 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.
- 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).
- 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
- 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.
- The duty comprises the following three requirements.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- In relation tot he second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to -
- removing the phsical feature in question,
- altering it, or
- providing a reasonable means of avoiding it.
- 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 -
- a feature arising from the design or construction of a building,
- a feature of an approach to, exit from or access a building,
- a fixute or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or
- any othe physical element of quality
- A reference in this section, section 21 or 22 or an applicable Schedule to an auxiliary aid includes a reference to an auxiliary service.
- 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.
- 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.
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