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
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
disability -
- 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 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.
- 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.
- 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.
- 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.
- 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.
- 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 to the second requirement, a reference in
this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to -
- removing the physical feature in
question,
- altering it, or
- providing a reasonable means of avoiding
it.
- 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 feature arising from the design or construction of a
building,
- a feature of an approach to, exit from or access a
building,
- a fixture or fitting, or furniture, furnishings,
materials, equipment or other chattels, in or on premises, or
- any other 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 applicable Schedule
to chattels is to be read, in relation to Scotland, as a reference to moveable property.
- The applicable Schedule is, in relation to the 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 - Discrimination arising from disability
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.