Statutory Instrument 1996 No. 1333

The Disability Discrimination (Sub-leases and Sub-tenancies) Regulations 1996

---

© Crown Copyright 1996

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Disability Discrimination (Sub-leases and Sub-tenancies) Regulations 1996, ISBN 0110548264. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1996 No. 1333

DISABLED PERSONS

The Disability Discrimination (Sub-leases and Sub-tenancies) Regulations 1996

In exercise of the powers conferred on the Secretary of State by section 16(3) of and paragraph 4 of Schedule 4 to the Disability Discrimination Act 1955^[1] the Secretary of State for Education and Employment hereby makes the following Regulations:

Citation and commencement
    1.—(1)  These Regulations may be cited as the Disability Discrimination (Sub-leases and Sub-tenancies) Regulations 1996 and shall come into force on 7th June 1996.

Interpretation
    2.    In these Regulations "the Act" means the Disability Discrimination Act 1995.

Definition of sub-lease and sub-tenancy
    3.    For the purposes of section 16 of the Act "sub-lease" means any sub-term created out of or deriving from a leasehold interest and "sub-tenancy" means any tenancy created out of or deriving from a superior tenancy.

Modification of section 16 and paragraph 1 of Schedule 4
    4.    Where the occupier occupies premises under a sub-lease or sub-tenancy the following modifications and additions shall have effect—
 (a) (subject to paragraph (b) below), section 16 of and paragraph 1 of Schedule 4 to the Act are modified so that for references to "lessor" there are substituted references to the lessor who is the occupier's immediate landlord;
 (b) the following subsection is added to follow section 16(2) of the Act:
"  (2A)  Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided—
(i) for the lessee to have to make a written application to the lessor for consent to the alteration;

(ii) if such an application is made, for the lessor not to withhold his consent unreasonably; and

(iii) for the lessor to be entitled to make his consent subject to reasonable conditions." ;

 (c) paragraphs 2 and 3 of Schedule 4 to the Act are modified so that references to "lessor" include any superior landlord.

Henley

Minister of State, Department for Education and Employment.

17th May 1996

These Regulations modify and supplement the provisions of section 16 of and Schedule 4 to the Disability Discrimination Act 1995 in relation to cases where premises are occupied under a sub-lease or sub-tenancy. Section 16 and paragraph 1 of Schedule 4 are modified so that "lessor" refers to the occupier's immediate landlord. The effect of this is that any consent to alterations has to be sought from the immediate landlord rather than a superior landlord.
Section 16 is also supplemented to cover the position with regard to the obligations of lessors and lessees under superior leases and tenancies.
Schedule 4 paragraph 2 (joining lessors in industrial tribunal proceedings) and paragraph 3 (regulation making power) are modified so that references to the lessor include any superior landlord.
The Regulations define sub-lease and sub-tenancy for the purposes of section 16.

[1] 1995 c. 50. For the meaning of "prescribed" and "regulations" see section 68(1). Apart from the cited provisions, section 16 and Schedule 4 are not yet in force. back