Religious Discrimination and Remedies Bill

Religious Discrimination and Remedies Bill - continued	House of Commons

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	PART III
	DISCRIMINATION IN OTHER FIELDS
Goods, facilities, services and premises.	12. - (1) It is unlawful for any person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public to discriminate against a person who seeks to obtain or use those goods, facilities or services-
	(a) by refusing or deliberately omitting to provide him with any of them; or
	(b) by refusing or deliberately omitting to provide him with goods, facilities or services of the like quality, in the like manner and on the like terms as are normal in the first-mentioned person's case in relation to other members of the public or (where the person so seeking belongs to a section of the public) to other members of that section.
	(2) The following are examples of the facilities and services mentioned in subsection (1)-
	(a) access to and use of any place which members of the public are permitted to enter;
	(b) accommodation in a hotel, boarding house or other similar establishment;
	(c) facilities by way of banking or insurance or for grants, loans, credit or finance;
	(d) facilities for education;
	(e) facilities for entertainment, recreation or refreshment;
	(f) facilities for transport or travel;
	(g) the services of any profession or trade, or any local or other public authority.
Discrimination in disposal or management of premises.	13. - (1) It is unlawful for a person, in relation to premises in Great Britain of which he has power to dispose, to discriminate against another-
	(a) in the terms on which he offers him those premises; or
	(b) by refusing his application for those premises; or
	(c) in his treatment of him in relation to any list of persons in need of premises of that description.
	(2) It is unlawful for a person, in relation to premises managed by him, to discriminate against a person occupying the premises-
	(a) in the way he affords him access to any benefits or facilities, or by refusing or deliberately omitting to afford him access to them; or
	(b) by evicting him, or subjecting him to any other detriment.
	(3) Subsection (1) does not apply to a person who owns an estate or interest in the premises or wholly occupies them unless he uses the services of an estate agent for the purpose of the disposal of the premises, or publishes or causes to be published an advertisement in connection with the disposal.
Discrimination: consent for assignment or sub-letting.	14. - (1) Where the licence or consent of the landlord or of any other person is required for the disposal to any person of premises in Great Britain comprised in a tenancy, it is unlawful for the landlord or other person to discriminate against a person by withholding the licence or consent for disposal of the premises to him.
	(2) In this section "tenancy" means a tenancy created by a lease or sub-lease, by an agreement for a lease or sub-lease or by a tenancy agreement or in pursuance of any enactment; and "disposal", in relation to premises comprised in a tenancy, includes assignment or assignation of the tenancy and sub-letting or parting with possession of the premises or any part of the premises.
	(3) This section applies to tenancies created before the passing of this Act, as well as to others.
Discrimination by, or in relation to, barristers.	15. - (1) It is unlawful for a barrister or barrister's clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a person-
	(a) in the arrangements which are made for the purpose of determining to whom it should be offered;
	(b) in respect of any terms on which it is offered; or
	(c) by refusing, or deliberately omitting, to offer it to him.
	(2) It is unlawful for a barrister or barrister's clerk, in relation to a pupil or tenant in the chambers in question, to discriminate against him-
	(a) in respect of any terms applicable to him as a pupil or tenant;
	(b) in the opportunities for training, or gaining experience which are afforded or denied to him;
	(c) in the benefits, facilities or services which are afforded or denied to him; or
	(d) by terminating his pupillage or by subjecting him to any pressure to leave the chambers or other detriment.
	(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person.
	(4) In this section-
	"barrister's clerk" includes any person carrying out the functions of a barrister's clerk; and
	"pupil", "pupillage", "tenancy" and "tenant" have the meanings commonly associated with their use in the context of a set of barrister's chambers.
Discrimination by, or in relation to, advocates.	16. - (1) It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a person-
	(a) in the arrangements which are made for the purpose of determining whom he shall take as his pupil;
	(b) in respect of any terms on which he offers to take any person as his pupil; or
	(c) by refusing, or deliberately omitting, to take a person as his pupil.
	(2) It is unlawful for an advocate, in relation to a person who is a pupil, to discriminate against him-
	(a) in respect of any terms applicable to him as a pupil;
	(b) in the opportunities for training, or gaining experience which are afforded or denied to him;
	(c) in the benefits, facilities or services which are afforded or denied to him; or
	(d) by terminating the relationship or by subjecting him to any pressure to terminate the relationship or other detriment.
	(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against any person.
	(4) In this section-
	"advocate" means a member of the Faculty of Advocates practising as such; and
	"pupil" has the meaning commonly associated with its use in the context of a person training to be an advocate.
	(5) This section does not apply to England and Wales.

Prepared 2 July 1998