(1) 5This Part does not apply to the following protected characteristics—
(a) age;
(b) marriage and civil partnership.
(2) This Part does not apply to discrimination, harassment or victimisation—
(a) that is prohibited by Part 5 (work) or Part 6 (education), or
(b) 10that would be so prohibited but for an express exception.
(3) This Part does not apply to the provision of accommodation if the provision—
(a)
is generally for the purpose of short stays by individuals who live
elsewhere, or
(b)
is for the purpose only of exercising a public function or providing a
15service to the public or a section of the public.
(4)
The reference to the exercise of a public function, and the reference to the
provision of a service, are to be construed in accordance with Part 3.
(5) This Part does not apply to—
(a) a breach of an equality clause or rule;
(b)
20anything that would be a breach of an equality clause or rule but for
section 64 or Part 2 of Schedule 7;
(c) a breach of a non-discrimination rule.
(1)
25A person (A) who has the right to dispose of premises must not discriminate
against another (B)—
(a) as to the terms on which A offers to dispose of the premises to B;
(b) by not disposing of the premises to B;
(c)
in A’s treatment of B with respect to things done in relation to persons
30seeking premises.
(2)
Where an interest in a commonhold unit cannot be disposed of unless a
particular person is a party to the disposal, that person must not discriminate
against a person by not being a party to the disposal.
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(3)
A person who has the right to dispose of premises must not, in connection with
anything done in relation to their occupation or disposal, harass—
(a) a person who occupies them;
(b) a person who applies for them.
(4)
5A person (A) who has the right to dispose of premises must not victimise
another (B)—
(a) as to the terms on which A offers to dispose of the premises to B;
(b) by not disposing of the premises to B;
(c)
in A’s treatment of B with respect to things done in relation to persons
10seeking premises.
(5)
Where an interest in a commonhold unit cannot be disposed of unless a
particular person is a party to the disposal, that person must not victimise a
person by not being a party to the disposal.
(6)
In the application of section 24 for the purposes of subsection (3), neither of the
15following is a relevant protected characteristic—
(a) religion or belief;
(b) sexual orientation.
(1)
A person whose permission is required for the disposal of premises must not
20discriminate against another by not giving permission for the disposal of the
premises to the other.
(2)
A person whose permission is required for the disposal of premises must not,
in relation to an application for permission to dispose of the premises, harass a
person—
(a) 25who applies for permission to dispose of the premises, or
(b) to whom the disposal would be made if permission were given.
(3)
A person whose permission is required for the disposal of premises must not
victimise another by not giving permission for the disposal of the premises to
the other.
(4)
30In the application of section 24 for the purposes of subsection (2), neither of the
following is a relevant protected characteristic—
(a) religion or belief;
(b) sexual orientation.
(5)
This section does not apply to anything done in the exercise of a judicial
35function.
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(1)
A person (A) who manages premises must not discriminate against a person
(B) who occupies the premises—
(a)
in the way in which A allows B, or by not allowing B, to make use of a
5benefit or facility;
(b) by evicting B (or taking steps for the purpose of securing B’s eviction);
(c) by subjecting B to any other detriment.
(2)
A person who manages premises must not, in relation to their management,
harass—
(a) 10a person who occupies them;
(b) a person who applies for them.
(3)
A person (A) who manages premises must not victimise a person (B) who
occupies the premises—
(a)
in the way in which A allows B, or by not allowing B, to make use of a
15benefit or facility;
(b) by evicting B (or taking steps for the purpose of securing B’s eviction);
(c) by subjecting B to any other detriment.
(4)
In the application of section 24 for the purposes of subsection (2), neither of the
following is a relevant protected characteristic—
(a) 20religion or belief;
(b) sexual orientation.
(1) A duty to make reasonable adjustments applies to—
(a) 25a controller of let premises;
(b) a controller of premises to let;
(c) a commonhold association;
(d) a responsible person in relation to common parts.
(2) A controller of let premises is—
(a) 30a person by whom premises are let, or
(b) a person who manages them.
(3) A controller of premises to let is—
(a) a person who has premises to let, or
(b) a person who manages them.
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(4)
The reference in subsection (1)(c) to a commonhold association is a reference to
the association in its capacity as the person who manages a commonhold unit.
(5) A responsible person in relation to common parts is—
(a)
where the premises to which the common parts relate are part of
5commonhold land, the commonhold association;
(b)
where the premises to which the common parts relate are part of a
tenement in Scotland, the owner of the common parts;
(c)
where the premises to which the common parts relate are let (and are
not part of commonhold land or of a tenement in Scotland), a person by
10whom the premises are let.
(6) Common parts are—
(a)
in relation to let premises (which are not part of commonhold land or
of a tenement in Scotland), the structure and exterior of, and any
common facilities within or used in connection with, the building or
15part of a building which includes the premises;
(b)
in relation to commonhold land, every part of the commonhold which
is not for the time being a commonhold unit in accordance with the
commonhold community statement;
(c)
in relation to premises which are part of a tenement in Scotland, the
20structure and exterior of, and any common facilities within or used in
connection with, the tenement building which includes the premises
insofar as the structure, exterior and common facilities are owned in
common with others.
(7)
A reference to letting includes a reference to sub-letting; and for the purposes
25of subsection (1)(a) and (b), a reference to let premises includes premises
subject to a right to occupy.
(8)
This section does not apply to premises of such description as may be
prescribed.
(1) This section applies for the purposes of this Part.
(2) A reference to premises is a reference to the whole or part of the premises.
(3)
A reference to disposing of premises includes, in the case of premises subject
to a tenancy, a reference to—
(a) 35assigning the premises,
(b) sub-letting them, or
(c) parting with possession of them.
(4)
A reference to disposing of premises also includes a reference to granting a
right to occupy them.
(5)
40A reference to disposing of an interest in a commonhold unit includes a
reference to creating an interest in a commonhold unit.
(6)
A reference to a tenancy is to a tenancy created (whether before or after the
passing of this Act)—
(a) by a lease or sub-lease,
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(b) by an agreement for a lease or sub-lease,
(c) by a tenancy agreement, or
(d) in pursuance of an enactment,
and a reference to a tenant is to be construed accordingly.
(7)
5A reference to commonhold land, a commonhold association, a commonhold
community statement, a commonhold unit or a unit-holder is to be construed
in accordance with the Commonhold and Leasehold Reform Act 2002.
(8)
A reference to a tenement or tenement building is to be construed in
accordance with the Tenements (Scotland) Act 2004 (asp 11).
(9) 10Schedule 4 (reasonable adjustments) has effect.
(10) Schedule 5 (exceptions) has effect.