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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31AF
Chapter 2A: duty to consult before making regulations
(1)
Before making regulations under this Chapter, the Secretary of State
shall consult such persons as it appears to him to be appropriate to
consult, having regard to the substance and effect of the regulations in
question.
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(2)
Without prejudice to the generality of subsection (1), the Secretary of
State shall consult the National Assembly for Wales and the Scottish
Ministers before making regulations under this Chapter.”
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Improvements to let dwelling houses
(1)
In the 1995 Act, after Part 5A (which is inserted by section 3 of this Act) there
10
is inserted—
“Part 5B
Improvements to dwelling houses
49G
Improvements to let dwelling houses
(1)
This section applies in relation to a lease of a dwelling house if—
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(a)
the tenancy is not a protected tenancy, a statutory tenancy or a
secure tenancy,
(b)
the tenant or any other person who lawfully occupies or is
intended lawfully to occupy the premises is a disabled person,
(c)
the person mentioned in paragraph (b) occupies or is intended
20
to occupy the premises as his only or principal home,
(d)
the tenant is entitled under the lease to make improvements to
the premises with the consent of the landlord, and
(e)
the tenant applies to the landlord for his consent to make a
relevant improvement.
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(2)
If the consent of the landlord is unreasonably withheld it must be taken
to have been given.
(3)
Where the tenant applies in writing for the consent—
(a)
if the landlord refuses to give consent, he must give the tenant
a written statement of the reason why the consent was
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withheld;
(b)
if the landlord neither gives nor refuses to give consent within
a reasonable time, consent must be taken to have been withheld.
(4)
If the landlord gives consent to the making of an improvement subject
to a condition which is unreasonable, the consent must be taken to have
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been unreasonably withheld.
(5)
In any question as to whether—
(a)
the consent of the landlord was unreasonably withheld, or
(b)
a condition imposed by the landlord is unreasonable,

it is for the landlord to show that it was not.
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(6)
If the tenant fails to comply with a reasonable condition imposed by the
landlord on the making of a relevant improvement, the failure is to be
treated as a breach by the tenant of an obligation of his tenancy.

Disability Discrimination Bill [HL]
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(7)
An improvement to premises is a relevant improvement if, having
regard to the disability which the disabled person mentioned in
subsection (1)(b) has, it is likely to facilitate his enjoyment of the
premises.
(8)
Subsections (2) to (6) apply to a lease only to the extent that provision
5
of a like nature is not made by the lease.
(9)
In this section—
“improvement” means any alteration in or addition to premises
and includes—
(a)
any addition to or alteration in landlord’s fittings and
10
fixtures,
(b)
any addition or alteration connected with the provision
of services to the premises,
(c)
the erection of a wireless or television aerial, and
(d)
the carrying out of external decoration;
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“lease” includes a sub-lease or other tenancy, and “landlord” and
“tenant” must be construed accordingly;
“protected tenancy” has the same meaning as in section 1 of the
Rent Act 1977;
“statutory tenancy” must be construed in accordance with section
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2 of that Act;
“secure tenancy” has the same meaning as in section 79 of the
Housing Act 1985.
49H
Conciliation of disputes
(1)
The Disability Rights Commission may make arrangements with any
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other person for the provision of conciliation services by, or by persons
appointed by, that person in relation to a dispute of any description
concerning the question whether it is unreasonable for a landlord to
withhold consent to the making of a relevant improvement to a
dwelling house.
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(2)
Subsections (2) to (8) of section 28 apply for the purposes of this section
as they apply for the purposes of that section and for that purpose a
reference in that section to—
(a)
a dispute arising under Part 3 must be construed as a reference
to a dispute mentioned in subsection (1) above;
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(b)
arrangements under that section must be construed as a
reference to arrangements under this section.
(3)
“Relevant improvement” has the same meaning as in section 49G.”
(2)
In section 53A of the 1995 Act (codes of practice), after subsection (1C) there is
inserted—
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“(1D)
The Commission may prepare and issue codes of practice giving
practical guidance to landlords and tenants as to—
(a)
circumstances in which a tenant requires the consent of his
landlord for making a relevant improvement to a dwelling
house;
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(b)
circumstances in which it is unreasonable to withhold such
consent;

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(c)
the application of the improvement provisions in relation to
relevant improvements to dwelling houses.
(1E)
In subsection (1D) the improvement provisions are—
(a)
section 19(2) of the Landlord and Tenant Act 1927;
(b)
sections 81 to 85 of the Housing Act 1980;
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(c)
sections 97 to 99 of the Housing Act 1985;
(d)
section 49G above.”
(3)
In section 7 of the Disability Rights Commission Act 1999 (provision of
assistance in relation to proceedings)—
(a)
in subsection (1), after paragraph (a) there is inserted—
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“(aa)
proceedings of any description to the extent that the
question whether it is unreasonable for a landlord to
withhold consent to the making of a relevant
improvement to a dwelling house falls to be considered
in the proceedings;”, and
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(b)
after subsection (4) there is inserted—
“(4A)
A relevant improvement is an improvement (within the
meaning of section 49G(9) of the 1995 Act) to premises which,
having regard to the disability which a disabled person who
lawfully occupies or is intended lawfully to occupy the
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premises has, is likely to facilitate his enjoyment of the
premises.”
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Generalisation of section 56 of the 1995 Act in relation to Part 3 claims
For section 56 of the 1995 Act there is substituted—
“56
Help for aggrieved persons in obtaining information etc.
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(1)
For the purposes of this section—
(a)
a person who considers that he may have been—
(i)
discriminated against in contravention of Part 2 or 3, or
(ii)
subjected to harassment in contravention of Part 2 or
section 21A(2),
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is referred to as “the person aggrieved”; and
(b)
a person against whom the person aggrieved may decide to
institute, or has instituted, proceedings in respect of such
discrimination or harassment is referred to as “the respondent”.
(2)
With a view to helping the person aggrieved decide whether to
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institute proceedings and, if he does so, to formulate and present his
case in the most effective manner, the Secretary of State shall by order
prescribe—
(a)
forms by which the person aggrieved may question the
respondent on his reasons for doing any relevant act, or on any
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other matter which is or may be relevant; and
(b)
forms by which the respondent may if he so wishes reply to any
questions.
(3)
Where the person aggrieved questions the respondent in accordance
with forms prescribed by an order under subsection (2)—
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(a)
the question, and any reply by the respondent (whether in
accordance with such an order or not), shall be admissible as
evidence in any proceedings under Part 2 or 3;
(b)
if it appears to the court or tribunal in any such proceedings—
(i)
that the respondent deliberately, and without
5
reasonable excuse, omitted to reply within the period of
eight weeks beginning with the day on which the
question was served on him, or
(ii)
that the respondent’s reply is evasive or equivocal,

it may draw any inference which it considers it just and
10
equitable to draw, including an inference that the respondent
committed an unlawful act.
(4)
The Secretary of State may by order—
(a)
prescribe the period within which questions must be duly
served in order to be admissible under subsection (3)(a); and
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(b)
prescribe the manner in which a question, and any reply by the
respondent, may be duly served.
(5)
Rules of court may enable a court entertaining a claim under section 25
to determine, before the date fixed for the hearing of the claim, whether
a question or reply is admissible under this section or not.
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(6)
In proceedings in respect of a section 21B claim, subsection (3)(b) does
not apply in relation to a failure to reply, or a particular reply, if the
following conditions are met—
(a)
that, at the time of doing any relevant act, the respondent was
carrying out public investigator functions or was a public
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prosecutor; and
(b)
that the respondent reasonably believes that a reply or (as the
case may be) a different reply would be likely to prejudice any
criminal investigation, any decision to institute criminal
proceedings or any criminal proceedings or would reveal the
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reasons behind a decision not to institute, or a decision not to
continue, criminal proceedings.
(7)
Regulations may provide for this section not to have effect, or to have
effect with prescribed modifications, in relation to section 21B claims of
a prescribed description.
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(8)
This section is without prejudice to any other enactment or rule of law
regulating interlocutory and preliminary matters in proceedings before
a county court, the sheriff or an employment tribunal, and has effect
subject to any enactment or rule of law regulating the admissibility of
evidence in such proceedings.
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(9)
In this section “section 21B claim” means a claim under section 25 by
virtue of section 21B.”
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Meaning of “disability”
(1)
Schedule 1 to the 1995 Act (which supplements the definition of “disability” in
section 1 of that Act) shall have effect with the following amendments.
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(2)
Paragraph 1(1) (mental illness must be clinically well-recognised if it is to be
basis of “mental impairment”) is omitted.

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(3)
In paragraph 2, after sub-paragraph (2) there is inserted—
   “(2A)
Without prejudice to the operation of sub-paragraph (2), the mental
impairment consisting of or resulting from depression that has
ceased to have a substantial adverse effect on a person’s ability to
carry out normal day-to-day activities shall always be treated as if
5
that effect is likely to recur if the person has had within the last 5
years a previous episode of such impairment which had a substantial
adverse effect on the person’s ability to carry out normal day-to-day
activities for a period of 6 months or more.”
(4)
Before paragraph 7 (persons deemed to be disabled) there is inserted—
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“6A.  (1)
Subject to sub-paragraph (2), a person who has cancer, HIV infection
or multiple sclerosis is to be deemed to have a disability, and hence
to be a disabled person.
      (2)
Regulations may provide for sub-paragraph (1) not to apply in the
case of a person who has cancer if he has cancer of a prescribed
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description.
      (3)
A description of cancer prescribed under sub-paragraph (2) may (in
particular) be framed by reference to consequences for a person of
his having it.”
(5)
In paragraph 7, after sub-paragraph (5) there is inserted—
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   “(5A)
The generality of sub-paragraph (5) shall not be taken to be
prejudiced by the other provisions of this Schedule.”
(6)
At the end there is inserted—
“Interpretation
9.
In this Schedule “HIV infection” means infection by a virus capable
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of causing the Acquired Immune Deficiency Syndrome.”
Supplementary
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Minor and consequential amendments and repeals and revocation
(1)
Schedule 1 (minor and consequential amendments) has effect.
(2)
The enactments specified in Schedule 2 are repealed or revoked to the extent
30
specified there.
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Short title, interpretation, commencement and extent
(1)
This Act may be cited as the Disability Discrimination Act 2005.
(2)
In this Act “the 1995 Act” means the Disability Discrimination Act 1995 (c. 50).
(3)
This Act, except the blue badge provisions and this section, comes into force on
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such day as the Secretary of State may by order appoint.
(4)
The blue badge provisions—
(a)
so far as relating to England, come into force on such day as the
Secretary of State may by order appoint, and

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(b)
so far as relating to Wales, come into force on such day as the National
Assembly for Wales may by order appoint.
(5)
A person who has power under this section to appoint a day for the coming
into force of a provision may by order make in connection with the coming into
force of that provision such transitional provision or saving as the person
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considers necessary or expedient.
(6)
An order under this section—
(a)
shall be made by statutory instrument, and
(b)
may make different provision for different purposes.
(7)
This Act does not extend to Northern Ireland, subject to subsection (11).
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(8)
The blue badge provisions extend to England and Wales only.
(9)
Section 16 also extends only to England and Wales.
(10)
In this section “the blue badge provisions” means—
(a)
section 9,
(b)
Part 2 of Schedule 1,
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(c)
section 19(1) so far as relating to that Part of that Schedule,
(d)
the entries in Schedule 2 in respect of the Road Traffic Regulation Act
1984 (c. 27) and the Traffic Management Act 2004 (c. 18), and
(e)
section 19(2) so far as relating to those entries.
(11)
The entry in Schedule 2 in respect of the Scotland Act 1998 (Transfer of
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Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750), and
section 19(2) so far as relating to that entry, have the same extent as the Order.
(12)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
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application of any money raised by any such charge.