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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(a)
the controller treats that person (“T”) less favourably than he
treats or would treat other persons whose circumstances are the
same as T’s; and
(b)
he does so because of costs incurred in connection with taking
steps to avoid liability under section 24A(1) for failure to
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comply with the duty.
(3)
In comparing T’s circumstances with those of any other person for the
purposes of subsection (2)(a), the following (as well as the costs’ having
been incurred) shall be disregarded—
(a)
the making of the request that gave rise to the imposition of the
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duty; and
(b)
the disability of each person who—
(i)
is a disabled person or a person who has had a
disability, and
(ii)
is a person to whom the premises are let or, although not
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a person to whom the premises are let, is lawfully under
the letting an occupier of the premises.
24G
Premises that are to let: discrimination in failing to comply with duty
(1)
Where—
(a)
a person has premises to let, and
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(b)
a disabled person is considering taking a letting of the premises,

it is unlawful for a controller of the premises to discriminate against the
disabled person.
(2)
For the purposes of subsection (1), a controller of premises that are to
let discriminates against a disabled person if—
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(a)
he fails to comply with a duty under section 24J imposed on him
by reference to the disabled person; and
(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 24H and 24J, a person is a
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controller of premises that are to let if he is—
(a)
a person who has the premises to let; or
(b)
a person who manages the premises.
(4)
For the purposes of this section and sections 24H and 24J—
(a)
“let” includes sub-let;
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(b)
premises shall be treated as to let by a person to another where
a person proposes to grant another a contractual licence to
occupy them;

and references to a person considering taking a letting of premises shall
be construed accordingly.
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(5)
This section applies only in relation to premises in the United Kingdom.
24H
Exceptions to section 24G(1)
(1)
Section 24G(1) does not apply in relation to premises that are to let if the
premises are, or have at any time been, the only or principal home of an
individual who is a person who has them to let and—
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(a)
the individual does not use, and

Disability Discrimination Bill [HL]
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(b)
where he is not the sole person who has the premises to let, no
other person who has the premises to let uses,

the services of an estate agent (within the meaning given by section
22(6)) for the purposes of letting the premises.
(2)
Section 24G(1) does not apply if the premises are of a prescribed
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description.
(3)
Where the conditions mentioned in section 23(2) are satisfied, section
24G(1) does not apply.
(4)
For the purposes of section 23 “the relevant occupier” means, in a case
falling within section 24G(1), a controller of the premises that are to let,
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or a near relative of his; and “near relative” has here the same meaning
as in section 23.
24J
Duties for purposes of section 24G(2)
(1)
Subsection (2) applies where—
(a)
a controller of premises that are to let receives a request made
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by or on behalf of a relevant disabled person;
(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;
(c)
the auxiliary aid or service—
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(i)
would enable the relevant disabled person to become, or
facilitate his becoming, a person to whom the premises
are let, but
(ii)
would be of little or no practical use to him if he were not
considering taking a letting of the premises; and
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(d)
it would, were the auxiliary aid or service not to be provided, be
impossible or unreasonably difficult for the relevant disabled
person to become a person to whom the premises are let.
(2)
It is the duty of the controller to take such steps as it is reasonable, in all
the circumstances of the case, for the controller to have to take in order
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to provide the auxiliary aid or service (but see subsection (5)).
(3)
Subsection (4) applies where—
(a)
a controller of premises that are to let has a practice, policy or
procedure which has the effect of making it impossible, or
unreasonably difficult, for a relevant disabled person to become
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a person to whom the premises are let;
(b)
the practice, policy or procedure would not have that effect if
the relevant disabled person did not have a disability;
(c)
the controller receives a request made by or on behalf of the
relevant disabled person; and
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(d)
it is reasonable to regard the request as a request that the
controller take steps in order to change the practice, policy or
procedure so as to stop it having that effect.
(4)
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 change
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the practice, policy or procedure so as to stop it having that effect (but
see subsection (5)).

Disability Discrimination Bill [HL]
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(5)
For the purposes of this section, it is never reasonable for a controller of
premises that are to let to have to take steps consisting of, or including,
the removal or alteration of a physical feature.
(6)
In this section “relevant disabled person”, in relation to premises that
are to let, means a particular disabled person who is considering taking
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a letting of the premises.
(7)
This section imposes duties only for the purpose of determining
whether a person has, for the purposes of section 24G, discriminated
against another; and accordingly a breach of any such duty is not
actionable as such.
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24K
Let premises and premises that are to let: justification
(1)
For the purposes of sections 24A(2) and 24G(2), a person’s failure to
comply with a duty is justified only if—
(a)
in his opinion, a condition mentioned in subsection (2) is
satisfied; and
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(b)
it is reasonable, in all the circumstances of the case, for him to
hold that opinion.
(2)
The conditions are—
(a)
that it is necessary to refrain from complying with the duty in
order not to endanger the health or safety of any person (which
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may include that of the disabled person concerned);
(b)
that the disabled person concerned is incapable of entering into
an enforceable agreement, or of giving informed consent, and
for that reason the failure is reasonable.
(3)
Regulations may—
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(a)
make provision, for purposes of this section, as to circumstances
in which it is, or as to circumstances in which it is not,
reasonable for a person to hold the opinion mentioned in
subsection (1)(a);
(b)
amend or omit a condition specified in subsection (2) or make
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provision for it not to apply in prescribed circumstances;
(c)
make provision, for purposes of this section, as to circumstances
(other than any for the time being mentioned in subsection (2))
in which a failure is to be taken to be justified.
24L
Sections 24 to 24K: power to make supplementary provision
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(1)
Regulations may make provision, for purposes of sections 24(3A) and
(3B) and 24A to 24K—
(a)
as to circumstances in which premises are to be treated as let to
a person;
(b)
as to circumstances in which premises are to be treated as not let
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to a person;
(c)
as to circumstances in which premises are to be treated as being,
or as not being, to let;
(d)
as to who is to be treated as being, or as to who is to be treated
as not being, a person who, although not a person to whom let
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premises are let, is lawfully under the letting an occupier of the
premises;

Disability Discrimination Bill [HL]
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(e)
as to who is to be treated as being, or as to who is to be treated
as not being, a person by whom premises are let;
(f)
as to who is to be treated as having, or as to who is to be treated
as not having, premises to let;
(g)
as to who is to be treated as being, or as to who is to be treated
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as not being, a person who manages premises;
(h)
as to things which are, or as to things which are not, to be
treated as auxiliary aids or services;
(i)
as to what is, or as to what is not, to be included within the
meaning of “practice, policy or procedure”;
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(j)
as to circumstances in which it is, or as to circumstances in
which it is not, reasonable for a person to have to take steps of a
prescribed description;
(k)
as to steps which it is always, or as to steps which it is never,
reasonable for a person to have to take;
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(l)
as to circumstances in which it is, or as to circumstances in
which it is not, reasonable to regard a request as being of a
particular kind;
(m)
as to things which are, or as to things which are not, to be
treated as physical features;
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(n)
as to things which are, or as to things which are not, to be
treated as alterations of physical features.
(2)
Regulations under subsection (1)(a) may (in particular) provide for
premises to be treated as let to a person where they are a commonhold
unit of which he is a unit-holder; and “commonhold unit”, and “unit-
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holder” in relation to such a unit, have here the same meaning as in Part
1 of the Commonhold and Leasehold Reform Act 2002.
(3)
The powers under subsections (1)(j) and (k) are subject to sections
24E(1) and 24J(5).”
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Power to modify or end small dwellings exemptions
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(1)
The Secretary of State may by order made by statutory instrument amend, or
repeal provisions of, sections 23, 24B and 24H of the 1995 Act—
(a)
for the purpose of adding to the conditions for entitlement to the
exemptions conferred by sections 23, 24B(3) and 24H(3);
(b)
for the purpose of making any of the conditions for entitlement to those
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exemptions more onerous;
(c)
for the purpose of making the conditions for entitlement to those
exemptions more onerous overall;
(d)
for the purpose of otherwise restricting the cases in which any of those
exemptions is available; or
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(e)
for the purpose of removing those exemptions.
(2)
The power under subsection (1) includes power to make consequential repeals
of provisions of enactments (including future enactments) that amend section
23, 24B or 24H of the 1995 Act.
(3)
No order under this section shall be made unless a draft of the statutory
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instrument containing the order (whether alone or with other provisions) has
been laid before, and approved by a resolution of, each House of Parliament.