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What duties will be
placed on service providers ?
Service providers
will be required to make reasonable adjustments for disabled
people so that they can use the service. The duty to make reasonable
adjustments applies when access to a service is impossible or
unreasonably difficult. This duty is being introduced in two
stages.
From 1 October 1999
Service providers will be required to:
- make reasonable
adjustments to policies, procedures or practices which exclude
disabled people (for example, exempting working dogs from a "no
dogs" policy in a restaurant)
- provide auxiliary
aids and services (such as providing information on cassette
or installing a portable induction loop) to enable or make it
easier to use a service; and
- where a physical
feature is a barrier to service, finding a reasonable alternative
method of delivering the service (for example, it might be reasonable
for a shop owner to bring different items on display to a place
that the disabled person could access).
Service providers
are not, at present, required to do anything that would mean
making a permanent alteration to, or which would have a permanent
effect on, the physical fabric of premises, fixtures, fittings,
furnishings, furniture, equipment or materials when providing
an auxiliary aid. |
That requirement
will take effect from 2004. However, the Act does not prevent
service providers from taking the requirements of the 2004 provisions
into account at an earlier stage. Indeed, it might be more effective
and economical to adopt such an approach.
From 2004. Where
there is a physical feature that makes it impossible or unreasonably
difficult for a disabled person to make use of a service, service
providers will have to take reasonable steps to remove, alter
or avoid it (for example, by installing a permanent ramp to enable
wheelchair users to gain access to premises previously reached
only by steps) if the service cannot be provided by a reasonable
alternative method.
When should service
providers start to make changes to their premises ?
Service providers
may wish to take steps to comply with the remaining duties in
relation to physical features before they come into force in
2004 (including providing an auxiliary aid which involves an
alteration to the physical fabric of the building). Whenever
a service provider is planning and executing building or refurbishment
works, such as extending existing premises or making structural
alterations to an existing building, it is sensible to consider
the removal or alteration of physical features which create a
barrier to access for disabled people or the provision of a reasonable
means of avoiding the physical feature, even though the law does
not yet require this. It might be more cost effective to make
these alterations before 2004 and the Act does not prevent service
providers from doing so. |