Disability Discrimination Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Disability Discrimination Bill [HL]

Disability Discrimination Bill [HL]
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11
Group insurance
(1)
Section 18 of the 1995 Act (provision of insurance services to employees under
group insurance arrangements) ceases to have effect.
(2)
In section 25 of that Act (subsection (1) of which enables a claim under Part 3
to be made the subject of civil proceedings in the same way as breach of
5
statutory duty), after subsection (6) there is inserted—
“(6A)
Subsection (1) does not apply in relation to a claim by a person that
another person—
(a)
has discriminated against him in relation to the provision under
a group insurance arrangement of facilities by way of insurance;
10
or
(b)
is by virtue of section 57 or 58 to be treated as having
discriminated against him in relation to the provision under
such an arrangement of such facilities.”
(3)
In section 68(1) of that Act (interpretation), at the appropriate place there is
15
inserted—
““group insurance arrangement” means an arrangement between
an employer and another for the provision by the other of
facilities by way of insurance to the employer’s employees or to
any class of those employees;”.
20
12
Private clubs etc.
In the 1995 Act, after section 21E (which is inserted by section 2 of this Act)
there is inserted—
“Private clubs etc.
21F
Discrimination by private clubs etc.
25
(1)
This section applies to any association of persons (however described,
whether corporate or unincorporate, and whether or not its activities
are carried on for profit) if—
(a)
it has twenty-five or more members;
(b)
admission to membership is regulated by its constitution and is
30
so conducted that the members do not constitute a section of the
public within the meaning of section 19(2); and
(c)
it is not an organisation to which section 13 applies.
(2)
It is unlawful for an association to which this section applies, in the case
of a disabled person who is not a member of the association, to
35
discriminate against him—
(a)
in the terms on which it is prepared to admit him to
membership; or
(b)
by refusing or deliberately omitting to accept his application for
membership.
40
(3)
It is unlawful for an association to which this section applies, in the case
of a disabled person who is a member, or associate, of the association,
to discriminate against him—
(a)
in the way it affords him access to a benefit, facility or service;

Disability Discrimination Bill [HL]
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(b)
by refusing or deliberately omitting to afford him access to a
benefit, facility or service;
(c)
in the case of a member—
(i)
by depriving him of membership, or
(ii)
by varying the terms on which he is a member;
5
(d)
in the case of an associate—
(i)
by depriving him of his rights as an associate, or
(ii)
by varying those rights; or
(e)
in either case, by subjecting him to any other detriment.
(4)
It is unlawful for an association to which this section applies to
10
discriminate against a disabled person—
(a)
in the way it affords him access to a benefit, facility or service,
(b)
by refusing or deliberately omitting to afford him access to a
benefit, facility or service, or
(c)
by subjecting him to any other detriment,
15

in his capacity as a guest of the association.
(5)
It is unlawful for an association to which this section applies to
discriminate against a disabled person—
(a)
in the terms on which it is prepared to invite him, or permit a
member or associate to invite him, to be a guest of the
20
association;
(b)
by refusing or deliberately omitting to invite him to be a guest
of the association; or
(c)
by not permitting a member or associate to invite him to be a
guest of the association.
25
(6)
It is unlawful for an association to which this section applies to
discriminate against a disabled person in failing in prescribed
circumstances to comply with a duty imposed on it under section 21H.
(7)
In the case of an act which constitutes discrimination by virtue of
section 55, this section also applies to discrimination against a person
30
who is not disabled.
21G
Meaning of “discrimination”
(1)
For the purposes of section 21F, an association discriminates against a
disabled person if—
(a)
for a reason which relates to the disabled person’s disability, the
35
association treats him less favourably than it treats or would
treat others to whom that reason does not or would not apply;
and
(b)
it cannot show that the treatment in question is justified.
(2)
For the purposes of subsection (1), treatment is justified only if—
40
(a)
in the opinion of the association, one or more of the conditions
mentioned in subsection (3) are satisfied; and
(b)
it is reasonable, in all the circumstances, for it to hold that
opinion.
(3)
The conditions are that—
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Disability Discrimination Bill [HL]
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(a)
the treatment is necessary in order not to endanger the health or
safety of any person (which may include that of the disabled
person);
(b)
the disabled person is incapable of entering into an enforceable
agreement, or giving an informed consent, and for that reason
5
the treatment is reasonable in that case;
(c)
in a case falling within section 21F(2)(a), (3)(a), (c)(ii), (d)(ii) or
(e), (4)(a) or (c) or (5)(a), the treatment is necessary in order for
the association to be able to afford members, associates or
guests of the association, or the disabled person, access to a
10
benefit, facility or service;
(d)
in a case falling within section 21F(2)(b), (3)(b), (c)(i) or (d)(i),
(4)(b) or (5)(b) or (c), the treatment is necessary because the
association would otherwise be unable to afford members,
associates or guests of the association access to a benefit, facility
15
or service;
(e)
in a case falling within section 21F(2)(a), the difference
between—
(i)
the terms on which membership is offered to the
disabled person, and
20
(ii)
those on which it is offered to other persons,

reflects the greater cost to the association of affording the
disabled person access to a benefit, facility or service;
(f)
in a case falling within section 21F(3)(a), (c)(ii) or (d)(ii) or (4)(a),
the difference between—
25
(i)
the association’s treatment of the disabled person, and
(ii)
its treatment of other members or (as the case may be)
other associates or other guests of the association,

reflects the greater cost to the association of affording the
disabled person access to a benefit, facility or service;
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(g)
in a case falling within section 21F(5)(a), the difference
between—
(i)
the terms on which the disabled person is invited, or
permitted to be invited, to be a guest of the association,
and
35
(ii)
those on which other persons are invited, or permitted
to be invited, to be guests of the association,

reflects the greater cost to the association of affording the
disabled person access to a benefit, facility or service.
(4)
Any increase in the cost of affording a disabled person access to a
40
benefit, facility or service which results from compliance with a duty
under section 21H shall be disregarded for the purposes of subsection
(3)(e), (f) and (g).
(5)
Regulations may—
(a)
make provision, for purposes of this section, as to circumstances
45
in which it is, or as to circumstances in which it is not,
reasonable for an association to hold the opinion mentioned in
subsection (2)(a);
(b)
amend or omit a condition specified in subsection (3) or make
provision for it not to apply in prescribed circumstances;
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Disability Discrimination Bill [HL]
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(c)
make provision as to circumstances (other than any for the time
being mentioned in subsection (3)) in which treatment is to be
taken to be justified for the purposes of subsection (1).
(6)
For the purposes of section 21F, an association also discriminates
against a disabled person if—
5
(a)
it fails to comply with a duty under section 21H imposed on it
in relation to the disabled person; and
(b)
it cannot show that its failure to comply with that duty is
justified.
(7)
Regulations may make provision as to circumstances in which failure
10
to comply with a duty under section 21H is to be taken to be justified
for the purposes of subsection (6).
21H
Duty to make adjustments
(1)
Regulations may make provision imposing on an association to which
section 21F applies—
15
(a)
a duty to take steps for a purpose relating to a policy, practice or
procedure of the association, or a physical feature, which
adversely affects disabled persons who—
(i)
are, or might wish to become, members or associates of
the association, or
20
(ii)
are, or are likely to become, guests of the association;
(b)
a duty to take steps for the purpose of making an auxiliary aid
or service available to any such disabled persons.
(2)
Regulations under subsection (1) may (in particular)—
(a)
make provision as to the cases in which a duty is imposed;
25
(b)
make provision as to the steps which a duty requires to be
taken;
(c)
make provision as to the purpose for which a duty requires
steps to be taken.
(3)
Any duty imposed under this section is imposed only for the purpose
30
of determining whether an association has, for the purposes of section
21F, discriminated against a disabled person; and accordingly a breach
of any such duty is not actionable as such.
21J
“Member”, “associate” and “guest”
(1)
For the purposes of sections 21F to 21H and this section—
35
(a)
a person is a member of an association to which section 21F
applies if he belongs to it by virtue of his admission to any sort
of membership provided for by its constitution (and is not
merely a person with certain rights under its constitution by
virtue of his membership of some other association), and
40
references to membership of an association shall be construed
accordingly;
(b)
a person is an associate of an association to which section 21F
applies if, not being a member of it, he has under its constitution
some or all of the rights enjoyed by members (or would have
45
apart from any provision in its constitution authorising the
refusal of those rights in particular cases).

Disability Discrimination Bill [HL]
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(2)
References in sections 21F to 21H to a guest of an association include a
person who is a guest of the association by virtue of an invitation issued
by a member or associate of the association and permitted by the
association.
(3)
Regulations may make provision, for purposes of sections 21F to 21H,
5
as to circumstances in which a person is to be treated as being, or as to
circumstances in which a person is to be treated as not being, a guest of
an association.”
13
Discrimination in relation to letting of premises
In the 1995 Act, after section 24 there is inserted—
10
“24A
Let premises: discrimination in failing to comply with duty
(1)
It is unlawful for a controller of let premises to discriminate against a
disabled person—
(a)
who is a person to whom the premises are let; or
(b)
who, although not a person to whom the premises are let, is
15
lawfully under the letting an occupier of the premises.
(2)
For the purposes of subsection (1), a controller of let premises
discriminates against a disabled person if—
(a)
he fails to comply with a duty under section 24C or 24D
imposed on him by reference to the disabled person; and
20
(b)
he cannot show that failure to comply with the duty is justified
(see section 24K).
(3)
For the purposes of this section and sections 24B to 24F, a person is a
controller of let premises if he is—
(a)
a person by whom the premises are let; or
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(b)
a person who manages the premises.
(4)
For the purposes of this section and sections 24B to 24F—
(a)
“let” includes sub-let; and
(b)
premises shall be treated as let by a person to another where a
person has granted another a contractual licence to occupy
30
them.
(5)
This section applies only in relation to premises in the United Kingdom.
24B
Exceptions to section 24A(1)
(1)
Section 24A(1) does not apply if—
(a)
the premises are, or have at any time been, the only or principal
35
home of an individual who is a person by whom they are let;
and
(b)
since entering into the letting—
(i)
the individual has not, and
(ii)
where he is not the sole person by whom the premises
40
are let, no other person by whom they are let has,

used for the purpose of managing the premises the services of a
person who, by profession or trade, manages let premises.

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(2)
Section 24A(1) does not apply if the premises are of a prescribed
description.
(3)
Where the conditions mentioned in section 23(2) are satisfied, section
24A(1) does not apply.
(4)
For the purposes of section 23 “the relevant occupier” means, in a case
5
falling within section 24A(1), a controller of the let premises, or a near
relative of his; and “near relative” has here the same meaning as in
section 23.
24C
Duty for purposes of section 24A(2) to provide auxiliary aid or service
(1)
Subsection (2) applies where—
10
(a)
a controller of let premises receives a request made by or on
behalf of a person to whom the premises are let;
(b)
it is reasonable to regard the request as a request that the
controller take steps in order to provide an auxiliary aid or
service; and
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(c)
either the first condition, or the second condition, is satisfied.
(2)
It is the duty of the controller to take such steps as it is reasonable, in all
the circumstances of the case, for him to have to take in order to provide
the auxiliary aid or service (but see section 24E(1)).
(3)
The first condition is that—
20
(a)
the auxiliary aid or service—
(i)
would enable a relevant disabled person to enjoy, or
facilitate such a person’s enjoyment of, the premises, but
(ii)
would be of little or no practical use to the relevant
disabled person concerned if he were neither a person to
25
whom the premises are let nor an occupier of them; and
(b)
it would, were the auxiliary aid or service not to be provided, be
impossible or unreasonably difficult for the relevant disabled
person concerned to enjoy the premises.
(4)
The second condition is that—
30
(a)
the auxiliary aid or service—
(i)
would enable a relevant disabled person to make use, or
facilitate such a person’s making use, of any benefit, or
facility, which by reason of the letting is one of which he
is entitled to make use, but
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(ii)
would be of little or no practical use to the relevant
disabled person concerned if he were neither a person to
whom the premises are let nor an occupier of them; and
(b)
it would, were the auxiliary aid or service not to be provided, be
impossible or unreasonably difficult for the relevant disabled
40
person concerned to make use of any benefit, or facility, which
by reason of the letting is one of which he is entitled to make
use.
24D
Duty for purposes of section 24A(2) to change practices, terms etc
(1)
Subsection (3) applies where—
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Disability Discrimination Bill [HL]
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(a)
a controller of let premises has a practice, policy or procedure
which has the effect of making it impossible, or unreasonably
difficult, for a relevant disabled person—
(i)
to enjoy the premises, or
(ii)
to make use of any benefit, or facility, which by reason
5
of the letting is one of which he is entitled to make use,
or
(b)
a term of the letting has that effect,

and (in either case) the conditions specified in subsection (2) are
satisfied.
10
(2)
Those conditions are—
(a)
that the practice, policy, procedure or term would not have that
effect if the relevant disabled person concerned did not have a
disability;
(b)
that the controller receives a request made by or on behalf of a
15
person to whom the premises are let; and
(c)
that it is reasonable to regard the request as a request that the
controller take steps in order to change the practice, policy,
procedure or term so as to stop it having that effect.
(3)
It is the duty of the controller to take such steps as it is reasonable, in all
20
the circumstances of the case, for him to have to take in order to change
the practice, policy, procedure or term so as to stop it having that effect
(but see section 24E(1)).
24E
Sections 24C and 24D: supplementary and interpretation
(1)
For the purposes of sections 24C and 24D, it is never reasonable for a
25
controller of let premises to have to take steps consisting of, or
including, the removal or alteration of a physical feature.
(2)
Sections 24C and 24D impose duties only for the purpose of
determining whether a person has, for the purposes of section 24A,
discriminated against another; and accordingly a breach of any such
30
duty is not actionable as such.
(3)
In sections 24C and 24D “relevant disabled person”, in relation to let
premises, means a particular disabled person—
(a)
who is a person to whom the premises are let; or
(b)
who, although not a person to whom the premises are let, is
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lawfully under the letting an occupier of the premises.
(4)
For the purposes of sections 24C and 24D, the terms of a letting of
premises include the terms of any agreement which relates to the
letting of the premises.
24F
Let premises: victimisation of persons to whom premises are let
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(1)
Where a duty under section 24C or 24D is imposed on a controller of let
premises by reference to a person who, although not a person to whom
the premises are let, is lawfully under the letting an occupier of the
premises, it is unlawful for a controller of the let premises to
discriminate against a person to whom the premises are let.
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(2)
For the purposes of subsection (1), a controller of the let premises
discriminates against a person to whom the premises are let if—