Schedule 21 (reasonable adjustments: supplementary) has effect.
(1)
This section applies in relation to a lease of a dwelling house if each of the
following applies—
(a)
the tenancy is not a protected tenancy, a statutory tenancy or a secure
tenancy;
(b)
10the tenant or another person occupying or intending to occupy the
premises is a disabled person (D);
(c) D occupies or intends to occupy the premises as D’s only or main home;
(d)
the tenant is entitled, with the consent of the landlord, to make
improvements to the premises;
(e)
15the tenant applies to the landlord for consent to make a relevant
improvement.
(2) Where the tenant applies in writing for the consent—
(a)
if the landlord refuses to give consent, the landlord must give the
tenant a written statement of the reason why the consent was withheld;
(b)
20if the landlord neither gives nor refuses to give consent within a
reasonable time, consent must be taken to have been unreasonably
withheld.
(3)
If the landlord gives consent subject to a condition which is unreasonable, the
consent must be taken to have been unreasonably withheld.
(4)
25If the landlord’s consent is unreasonably withheld, it must be taken to have
been given.
(5) On any question as to whether—
(a) consent was unreasonably withheld, or
(b) a condition imposed was unreasonable,
30it is for the landlord to show that it was not.
(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 the tenancy.
(7)
An improvement to premises is a relevant improvement if, having regard to
35D’s disability, it is likely to facilitate D’s enjoyment of the premises.
Equality BillPage 132
(8)
Subsections (2) to (7) apply only in so far as provision of a like nature is not
made by the lease.
(9) In this section—
“improvement” means an alteration in or addition to the premises and
5includes—
an addition to or alteration in the landlord’s fittings and
fixtures;
an addition or alteration connected with the provision of
services to the premises;
10the erection of a wireless or television aerial;
carrying out external decoration.
“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant”
are to be construed accordingly;
“protected tenancy” has the same meaning as in section 1 of the Rent Act
151977;
“statutory tenancy” must be construed in accordance with section 2 of that
Act;
“secure tenancy” has the same meaning as in section 79 of the Housing Act
1985.
Schedule 22 has effect.
25A person does not contravene this Act only by doing, for the purpose of
safeguarding national security, anything it is proportionate to do for that
purpose.
Equality BillPage 133
(1)
A person does not contravene this Act only by restricting the provision of
benefits to persons who share a protected characteristic if—
(a) the person acts in pursuance of a charitable instrument, and
(b) 5the provision of the benefits is within subsection (2).
(2) The provision of benefits is within this subsection if it is—
(a) a proportionate means of achieving a legitimate aim, or
(b)
for the purpose of preventing or compensating for a disadvantage
linked to the protected characteristic.
(3) 10It is not a contravention of this Act for—
(a)
a person who provides supported employment to treat persons who
have the same disability or a disability of a prescribed description more
favourably than those who do not have that disability or a disability of
such a description in providing such employment;
(b)
15a Minister of the Crown to agree to arrangements for the provision of
supported employment which will, or may, have that effect.
(4)
If a charitable instrument enables the provision of benefits to persons of a class
defined by reference to colour, it has effect for all purposes as if it enabled the
provision of such benefits—
(a)
20to persons of the class which results if the reference to colour is ignored,
or
(b)
if the original class is defined by reference only to colour, to persons
generally.
(5)
It is not a contravention of this Act for a charity to require members, or persons
25wishing to become members, to make a statement which asserts or implies
membership or acceptance of a religion or belief.
(6) Subsection (5) applies only if—
(a)
the charity, or an organisation of which it is part, first imposed such a
requirement before 18 May 2005, and
(b)
30the charity or organisation has not ceased since that date to impose
such a requirement.
(7)
It is not a contravention of section 27 for a person, in relation to an activity
which is carried on for the purpose of promoting or supporting a charity, to
restrict participation in the activity to persons of one sex.
(8)
35A charity regulator does not contravene this Act only by exercising a function
in relation to a charity in a manner which the regulator thinks is expedient in
the interests of the charity, having regard to the charitable instrument.
(9) Subsection (1) does not apply to a contravention of—
(a) section 36;
(b) 40section 37;
Equality BillPage 134
(c) section 38;
(d) section 52, so far as relating to the provision of vocational training.
(10) Subsection (9) does not apply in relation to disability.
(1) 5This section applies for the purposes of section 186.
(2) That section does not apply to race, so far as relating to colour.
(3) “Charity”—
(a)
in relation to England and Wales, has the meaning given by the
Charities Act 2006;
(b)
10in relation to Scotland, means a body entered in the Scottish Charity
Register.
(4)
“Charitable instrument” means an instrument establishing or governing a
charity (including an instrument made or having effect before the
commencement of this section).
(5) 15The charity regulators are—
(a) the Charity Commission for England and Wales;
(b) the Scottish Charity Regulator.
(6)
“Supported employment” means facilities provided, or in respect of which
payments are made, under section 15 of the Disabled Persons (Employment)
20Act 1944.
(1)
A person does not contravene this Act, so far as relating to sex, only by doing
anything in relation to the participation of another as a competitor in a gender-
affected activity.
(2)
25A person does not contravene section 27, 31, 32 or 33, so far as relating to
gender reassignment, only by doing anything in relation to the participation of
a transsexual person as a competitor in a gender-affected activity if it is
necessary to do so to secure in relation to the activity—
(a) fair competition, or
(b) 30the safety of competitors.
(3)
A gender-affected activity is a sport, game or other activity of a competitive
nature in circumstances in which the physical strength, stamina or physique of
average persons of one sex would put them at a disadvantage compared to
average persons of the other sex as competitors in events involving the activity.
(4)
35In considering whether a sport, game or other activity is gender-affected in
relation to children, it is appropriate to take account of the age and stage of
development of children who are likely to be competitors.
(5)
A person who does anything to which subsection (6) applies does not
contravene this Act only because of the nationality or place of birth of another
40or because of the length of time the other has been resident in a particular area
or place.
(6) This subsection applies to—
Equality BillPage 135
(a)
selecting one or more persons to represent a country, place or area or a
related association, in a sport or game or other activity of a competitive
nature;
(b)
doing anything in pursuance of the rules of a competition so far as
5relating to eligibility to compete in a sport or game or other such
activity.
Schedule 23 (general exceptions) has effect.
(1)
10A Minister of the Crown may by order amend this Act to provide that any of
the following does not contravene this Act so far as relating to age—
(a) specified conduct;
(b) anything done for a specified purpose;
(c) anything done in pursuance of arrangements of a specified description.
(2) 15Specified conduct is conduct—
(a) of a specified description,
(b) carried out in specified circumstances, or
(c) by or in relation to a person of a specified description.
(3)
This section is not affected by any provision of this Act which makes special
20provision in relation to age.
(4) The references to this Act in subsection (1) do not include references to—
(a) Part 5 (work);
(b) Chapter 2 of Part 6 (further and higher education).