Vote Bundle Text (951206-03)

Amendments proposed to the Equality Bill [Lords] - continued	House of Commons

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Adaptations of rented housing in Scotland

Meg Munn

NC2

To move the following Clause:—

'(1) In the Disability Discrimination Act 1995 (c.50), the following shall be inserted after section 49H (conciliation of disputes about improvements to let dwelling houses in England and Wales)—

"49I Conciliation of disputes: rented housing in Scotland

(1) The Disability Rights Commission may make arrangements with any 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—

(a) it is unreasonable for a landlord to withhold consent to the carrying out of any relevant work in relation to a house (within the meaning of the Housing (Scotland) Act 2005 (asp 00)) in Scotland, or

(b) any condition imposed by a landlord on consenting to the carrying out of any such work is unreasonable.

(2) Subsections (2) to (8) of section 28 apply for the purpose of this section as they apply for the purpose of that section and for that purpose a reference in that section to—

(a) a dispute arising under Part 3 is to be construed as a reference to a dispute mentioned in subsection (1), and

(b) arrangements under that section is to be construed as a reference to arrangements under subsection (1).

(3) In subsection (1), "relevant work", in relation to a house, means work for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence.".

(2) In section 53A (codes of practice) of that Act—

(a) after subsection (1E) insert—

"(1F) The Commission may prepare and issue codes of practice giving practical guidance to landlords and tenants of houses (within the meaning of the Housing (Scotland) Act 2005 (asp 00)) in Scotland as to—

(a) circumstances in which the tenant requires the consent of the landlord to the carrying out of work in relation to the house for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence,

(b) circumstances in which it is unreasonable to withhold such consent,

(d) the application, in relation to such work, of—

(i) sections 28 to 31 and 34(6) of the Housing (Scotland) Act 2001 (asp 10), and

(ii) sections 52, 53 and 64(6) of the Housing (Scotland) Act 2005 (asp 00).".

(b) after subsection (4A) insert—

"(4B) Where a draft code of practice under subsection (1F) is submitted to the Secretary of State for approval, the Secretary of State must, before deciding whether to approve it, consult the Scottish Ministers.".

"(6B) Before appointing a day under subsection (6)(a) for the coming into effect of a code of practice under subsection (1F), the Secretary of State shall consult the Scottish Ministers."

(d) after subsection (8A) insert—

"(8B) Subsection (8A) does not apply to a code of practice under subsection (1F).".

(3) In section 7 of the Disability Rights Commission Act 1999 (c. 17) (provision of assistance in relation to proceedings), in subsection (1), after paragraph (aa) insert—

"(ab) proceedings in Scotland of any description to the extent that the question whether—

(i) it is unreasonable for a landlord to withhold consent to the carrying out of work in relation to a house (within the meaning of the Housing (Scotland) Act 2005 (asp 00)) in Scotland for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence, or

(ii) any condition imposed by a landlord on consenting to the carrying out of any such work is unreasonable,

falls to be considered in the proceedings,".'.

Age discrimination: statutory duty of public authorities

Sandra Gidley
Dr Evan Harris

NC3

To move the following Clause:—

'(1) A public authority shall in carrying out its functions have due regard to the need to—

(a) eliminate unlawful discrimination and harrassment on grounds of age,

(b) promote equality of opportunity between persons of different ages, and

(2) In subsection (1)—

(a) "public authority" includes any person who has functions of a public nature (subject to subsections (3) and (4)),

(b) "functions" means functions of a publice nature, and

(c) the reference to unlawful discrimination shall be treated as including a reference to contravention of terms of contracts having effect in accordance with Schedule 5 to the Employment Equality (Age) Regulations 2006.

(3) The duty in subsection (1) shall not apply to—

(a) the House of Commons,

(b) the House of Lords,

(d) the General Synod of the Church of England,

(e) the Security Service,

(f) the Secret Intelligence Service,

(g) the Government Communications Headquarters,

(h) a part of the armed forces of the Crown which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters, or

(i) a person specified for the purposes of this paragraph by order of the Secretary of State (and a person may be specified generally or only in respect of specified functions).

(4) The duty in subsection (1) shall not apply to the exercise of—

(a) a function in connection with proceedings in the House of Commons or the House of Lords,

(b) a function in conncection with proceedings in the Scottish Parliament (other than a function of the Scottish Parliamentary Corporate Body),

(d) a function exercised on behalf of or on the intructions of a person exercising a judicial tribunal, (whether in connection with a court or a tribunal), or

(e) a function specified for the purposes of this paragraph by order of the Secretary of State.

(5) Subsection (1) (b) is without prejudice to the effect of any exception to or limitation of the law about age discrimination.

(6) A failure in respect of performance of the duty under subsection (1) does not confer a cause of action at private law.

(7) An order under subsection (3)(i) or subsection (4) (e) may not be made unless the Secretary of State has consulted the Commission.

(8) This section binds the Crown.'.

Age discrimination: specific duties of public authorities

Sandra Gidley
Dr Evan Harris

NC4

To move the following Clause:—

'(1) The Secretary of State may by order impose on a person to whom the duty in section [Age discrimination: statutory duty of public authorities] (1) applies, or insofar as that duty applies to a person, a duty which he thinks will ensure better performance of the duty under that section.

(2) Before making an order under subsection (1) the Secretary of State shall consult the Commission.

(3) The Secretary of State—

(a) must consult the National Assembly for Wales before making an order under subsection (1) in respect of a person exercising functions in relation to Wales, and

(b) may not, without the consent of the National Assembly for Wales, make an order under subsection (1) in respect of a person all of whose functions are public functions in relation to Wales.

(4) A failure in respect of performance of duty imposed under subsection (1) does not confer a cause of action at private law.'.

Age discrimination: specific duties (Scotland)

Sandra Gidley
Dr Evan Harris

NC5

To move the following Clause:—

'(1) Section [Age discrimination: statutory duty of public authorities] (1) shall not apply in relation to a person who is a relevant Scottish authority or a cross-border authority.

(2) The Secretaty of State may by order impose on a cross-border authority to whom the duty under section [Age discrimination: statutory duty of public authorities] (1) applies, or insofar as that duty applies to the cross-border authority, a duty which the Secretary of State thinks will ensure better performance of the duty under section [Age discrimination: statutory duty of public authorities] (1) to the extent that the cross-border authority's functions are not Scottish functions.

(3) The Scottish Ministers may by order impose on a relevant Scottish authority to whom the duty under section [Age discrimination: statutory duty of public authorities] (1) applies, or insofar as that duty applies to the relevant Scottish authority, a duty which the Scottish Ministers think will ensure better perfomance of the duty under section [Age discrimination: statutory duty of public authorities] (1).

(4) The Scottish Ministers may by order imposer cross-border authority to whom the duty under section [Age discrimination: statutory duty of public authorities] (1) applies, or insofar as that duty applies to the cross-border authority, a duty which the Scottish Ministers think will ensure better performance of the duty under section [Age discrimination: statutory duty of public authorities] (1), to the extent that the cross-border authority's functions are Scottish functions.

(5) Before making an order under any of subsections (2) to (4) the person making the the order shall consult the Commission.

(6) Before making an order under subsection (2) the Secretary of State shall consult the Scottish Ministers.

(7) Before making an order under subsection (4) the Scottish Ministers shall consult the Secretary of State.

(8) A failure in respect of performance of a duty imposed under this section does not confer a cause of action at private law.

(9) In this section "relevant Scottish authority" has the meaning—

(a) a member of the Scottish Executive or a junior Scottish Minister,

(b) the Registrar General of Births, Deaths and Marriages for Scotland, the Keeper of the Registers of Scotland or the Keeper of the Records of Scotland,

(c) an office of a description specified in an Order in Council under section 126(8) (b) of the Scotland Act 1998 (c.46) (other non-ministerial offices in the Scottish Aministration), or

(d) a public body, public office or holder of a public office—

(i) which is not a cross-border authority or the Scottish Parliamentary Corporate Body,

(ii) whose function are exercisable only in or as regards Scotland, and

(iii) some at least of whose functions do not relate to reserved matters (within the meaning of the Scotland Act 1998).

(10) In this section—"cross-border authority" has the meaning a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998."Scottish functions" has the meaning functions which are exercisable in or as regards Scotland and which do not relate to reserved matters (within the meaning of the Scotland Act 1998).

(11) An order under subsection (3) or (4) is subject to annulment in pursuance of a resolution of the Scottish Parliament.'.