These regulations are made under the Disability Discrimination Act 1995 (“the Act”), which makes it unlawful to discriminate against disabled persons. In its application to Northern Ireland the Act has effect subject to the modifications contained in Schedule 8 thereof. Sections 19 and 20 of the Act concern discrimination in relation to the provision of services, including the provision of goods and facilities, to the public. Section 20(1) of the Act states that a person who provides services discriminates against a disabled person if, for a reason relating to the disabled person’s disability, he treats him less favourably than he treats others, and he cannot show that the treatment is justified. Section 20 contains powers to make regulations concerning circumstances when treatment shall be taken to be justified, and so will not constitute discrimination for the purposes of the Act.
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