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Equality Act 2010

Equality Act 2010 Sch 4 para 4

Sch 4 para 4

(1) This paragraph applies where A is a commonhold association; and the reference to a commonhold association is a reference to the association in its capacity as the person who manages a commonhold unit. (2) A must comply with the first and third requirements. (3) For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to— (a) a term of the commonhold community statement, or (b) any other term applicable by virtue of the transfer of the unit to the unit-holder. (4) For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who— (a) is the unit-holder, or (b) is otherwise entitled to occupy the unit. (5) In relation to each requirement, the relevant matters are— (a) the enjoyment of the unit; (b) the use of a benefit or facility, entitlement to which arises as a result of a term within sub-paragraph (3)(a) or (b). (6) Sub-paragraph (2) applies only if A receives a request from or on behalf of the unit-holder or a person entitled to occupy the unit to take steps to avoid the disadvantage or provide the auxiliary aid. (7) If a term within sub-paragraph (3)(a) or (b) that prohibits the unit-holder from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the unit-holder to make alterations to the unit so as to avoid the disadvantage. (8) It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature; and sub-paragraph (9) of paragraph 2 applies in relation to a commonhold unit as it applies in relation to let premises.

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