SCHEDULE 3 continued PART 7
28 This Part of this Schedule applies in relation to disability discrimination.
29 (1) Section 27 does not apply to—
(a) transporting people by air;
(b) a service provided on a vehicle for transporting people by air.
(2)
Section 27 does not apply to anything governed by Regulation (EC) No
151107/2006 of the European Parliament and of the Council of 5 July 2006
concerning the rights of disabled persons and persons with reduced
mobility when travelling by air.
30
(1)
Section 27 does not apply to transporting people by land, unless the vehicle
20concerned is—
(a)
a hire-vehicle designed and constructed for the carriage of
passengers and comprising no more than 8 seats in addition to the
driver’s seat,
(b)
a hire-vehicle designed and constructed for the carriage of
25passengers, comprising more than 8 seats in addition to the driver’s
seat and having a maximum mass not exceeding 5 tonnes,
(c)
a hire-vehicle designed and constructed for the carriage of goods and
having a maximum mass not exceeding 3.5 tonnes,
(d)
a vehicle licensed under section 48 of the Local Government
30(Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire
Vehicles (London) Act 1998 (or under a provision of a local Act
corresponding to either of those provisions),
(e)
a private hire car (within the meaning of section 23 of the Civic
Government (Scotland) Act 1982),
(f)
35a public service vehicle (within the meaning given by section 1 of the
Public Passenger Vehicles Act 1981),
(g)
a vehicle built or adapted to carry passengers on a railway or
tramway (within the meaning, in each case, of the Transport and
Works Act 1992),
(h) 40a taxi,
(i)
a vehicle deployed to transport the driver and passengers of a
vehicle that has broken down or is involved in an accident, or
(j)
a vehicle deployed on a system using a mode of guided transport
(within the meaning of the Transport and Works Act 1992).
Equality BillPage 161
(2)
Paragraph 4 of Schedule 2 applies for the purposes of this paragraph as it
applies for the purposes of paragraph 3 of that Schedule.
31 (1) A Minister of the Crown may by order amend this Schedule—
(a)
so as to add, vary or omit an exception to section 27, so far as relating
to disability, religion or belief or sexual orientation;
(b)
so as to add, vary or omit an exception to section 27(6), so far as
10relating to gender reassignment, pregnancy and maternity, race or
sex.
(2)
For the purposes of an order under sub-paragraph (1)(a), so far as relating to
disability, which makes provision in relation to transport by air, it does not
matter whether the transport is within or outside the United Kingdom.
(3)
15An order must not be made unless the Minister has consulted the
Commission.
(4)
Nothing in this paragraph affects the application of any other provision of
this Act to conduct outside England and Wales or Scotland.
Equality BillPage 162
Section 35
1
This Schedule applies where a duty to make reasonable adjustments is
5imposed on A by this Part.
Equality BillPage 163
2 (1) This paragraph applies where A is a controller of let premises.
(2) A must comply with the first and third requirements.
(3)
For the purposes of this paragraph, the reference in section 19(3) to a
5provision, criterion or practice of A’s includes a reference to a term of the
letting.
(4)
For those purposes, the reference in section 19(3) or (5) to a disabled person
is a reference to a disabled person who—
(a) is a tenant of the premises, or
(b) 10is otherwise entitled to occupy them.
(5) In relation to each requirement, the relevant matters are—
(a) the enjoyment of the premises;
(b)
the use of a benefit or facility, entitlement to which arises as a result
of the letting.
(6)
15Sub-paragraph (2) applies only if A receives a request from or on behalf of
the tenant or a person entitled to occupy the premises to take steps to avoid
the disadvantage or provide the auxiliary aid.
(7)
If a term of the letting that prohibits the tenant from making alterations puts
the disabled person at the disadvantage referred to in the first requirement,
20A is required to change the term only so far as is necessary to enable the
tenant to make alterations to the let premises so as to avoid the
disadvantage.
(8)
It is never reasonable for A to have to take a step which would involve the
removal or alteration of a physical feature.
(9)
25For the purposes of this paragraph, physical features do not include
furniture, furnishings, materials, equipment or other chattels in or on the
premises; and none of the following is an alteration of a physical feature—
(a) the replacement or provision of a sign or notice;
(b) the replacement of a tap or door handle;
(c)
30the replacement, provision or adaptation of a door bell or door entry
system;
(d) changes to the colour of a wall, door or any other surface.
(10) The terms of a letting include the terms of an agreement relating to it.
3 (1) 35This paragraph applies where A is a controller of premises to let.
(2) A must comply with the first and third requirements.
(3)
For the purposes of this paragraph, the reference in section 19(3) or (5) to a
disabled person is a reference to a disabled person who is considering taking
a letting of the premises.
(4)
40In relation to each requirement, the relevant matter is becoming a tenant of
the premises.
Equality BillPage 164
(5)
Sub-paragraph (2) applies only if A receives a request by or on behalf of a
disabled person within sub-paragraph (3) for A to take steps to avoid the
disadvantage or provide the auxiliary aid.
(6)
Nothing in this paragraph requires A to take a step which would involve the
5removal or alteration of a physical feature.
(7)
Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph
as it applies for the purposes of that paragraph.
4
(1)
This paragraph applies where A is a commonhold association; and the
10reference to a commonhold association is a reference to the association in its
capacity as the person who manages a commonhold unit.
(2) A must comply with the first and third requirements.
(3)
For the purposes of this paragraph, the reference in section 19(3) to a
provision, criterion or practice of A’s includes a reference to—
(a) 15a term of the commonhold community statement, or
(b)
any other term applicable by virtue of the transfer of the unit to the
unit-holder.
(4)
For those purposes, the reference in section 19(3) or (5) to a disabled person
is a reference to a disabled person who—
(a) 20is the unit-holder, or
(b) is otherwise entitled to occupy the unit.
(5) In relation to each requirement, the relevant matters are—
(a) the enjoyment of the unit;
(b)
the use of a benefit or facility, entitlement to which arises as a result
25of a term within sub-paragraph (3)(a) or (b).
(6)
Sub-paragraph (2) applies only if A receives a request from or on behalf of
the unit-holder or a person entitled to occupy the unit to take steps to avoid
the disadvantage or provide the auxiliary aid.
(7)
If a term within sub-paragraph (3)(a) or (b) that prohibits the unit-holder
30from making alterations puts the disabled person at the disadvantage
referred to in the first requirement, A is required to change the term only so
far as is necessary to enable the unit-holder to make alterations to the unit so
as to avoid the disadvantage.
(8)
It is never reasonable for A to have to take a step which would involve the
35removal or alteration of a physical feature; and sub-paragraph (9) of
paragraph 2 applies in relation to a commonhold unit as it applies in relation
to let premises.
5
(1)
This paragraph applies where A is a responsible person in relation to
40common parts.
(2) A must comply with the second requirement.
(3)
For the purposes of this paragraph, the reference in section 19(4) to a
physical feature is a reference to a physical feature of the common parts.
Equality BillPage 165
(4)
For those purposes, the reference in section 19(4) to a disabled person is a
reference to a disabled person who—
(a) is a tenant of the premises,
(b) is a unit-holder or, in Scotland, an owner of the premises, or
(c) 5is otherwise entitled to occupy the premises,
and uses or intends to use the premises as the person’s only or main home.
(5)
In relation to the second requirement, the relevant matter is the use of the
common parts.
(6) Sub-paragraph (2) applies only if—
(a)
10A receives a request by or on behalf of a disabled person within sub-
paragraph (4) for A to take steps to avoid the disadvantage, and
(b) the steps requested are likely to avoid or reduce the disadvantage.
6
(1)
In deciding whether it is reasonable to take a step for the purposes of
15paragraph 5, A must consult—
(a)
in relation to a tenement in Scotland, all persons entitled to occupy
premises owned by A within the tenement;
(b) in any other case, all persons A thinks would be affected by the step.
(2)
The consultation must be carried out within a reasonable period of the
20request being made.
(3)
A is not required to have regard to a view expressed against taking a step in
so far as A reasonably believes that the view is expressed because of the
disabled person’s disability.
(4)
Nothing in this paragraph affects anything a commonhold association is
25required to do pursuant to Part 1 of the Commonhold and Leasehold Reform
Act 2002.
7
(1)
If A decides that it is reasonable to take a step for the purposes of paragraph
5, A and the disabled person must agree in writing the rights and
30responsibilities of each of them in relation to the step.
(2)
An agreement under this paragraph must, in particular, make provision as
to the responsibilities of the parties in relation to—
(a) the costs of any work to be undertaken;
(b) other costs arising from the work;
(c)
35the restoration of the common parts to their former condition if the
relevant disabled person stops living in the premises.
(3)
It is always reasonable before the agreement is made for A to insist that the
agreement should require the disabled person to pay—
(a)
the costs referred to in paragraphs (a) and (b) of sub-paragraph (2),
40and
(b)
the costs of the restoration referred to in paragraph (c) of that sub-
paragraph.
Equality BillPage 166
(4)
If an agreement under this paragraph is made, A’s obligations under the
agreement become part of A’s interest in the common parts and pass on
subsequent disposals accordingly.
(5)
Regulations may make provision to require a party to an agreement under
5this paragraph to provide, in prescribed circumstances, prescribed
information about the agreement to persons of a prescribed description.
(6)
The regulations may require the information to be provided in a prescribed
form.
(7)
Regulations may make provision as to circumstances in which an agreement
10under this paragraph is to cease to have effect, in so far as the agreement
does not itself make provision for termination.
8
(1)
This paragraph applies where the relevant disabled person comes within
paragraph 2(4)(b), 4(4)(b) or 5(4)(b).
(2)
15A must not, because of costs incurred in connection with taking steps to
comply with a requirement imposed for the purposes of paragraph 2, 4 or 5,
subject to a detriment—
(a) a tenant of the premises, or
(b) the unit-holder or, in Scotland, the owner of the premises.
9 (1) This paragraph applies for the purposes of section 34 and this Schedule.
(2) Regulations may make provision as to—
(a)
circumstances in which premises are to be treated as let, or as not let,
to a person;
(b)
25circumstances in which premises are to be treated as being, or as not
being, to let;
(c)
who is to be treated as being, or as not being, a person entitled to
occupy premises otherwise than as tenant or unit-holder;
(d)
who is to be treated as being, or as not being, a person by whom
30premises are let;
(e) who is to be treated as having, or as not having, premises to let;
(f) who is to be treated as being, or as not being, a manager of premises.
(3) Provision made by virtue of this paragraph may amend this Schedule.