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| |
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(a) | it is always reasonable for A to have to take steps to obtain the |
| |
| |
(b) | it is never reasonable for A to have to make the alteration before the |
| |
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(3) | In this Schedule, a binding obligation is a legally binding obligation in |
| |
relation to premises, however arising; but the reference to a binding |
| |
obligation in sub-paragraph (1)(a) or (c) does not include a reference to an |
| |
obligation imposed by a tenancy. |
| |
(4) | The steps referred to in sub-paragraph (2)(a) do not include applying to a |
| |
| |
| |
3 (1) | This paragraph applies if— |
| |
(a) | A occupies premises under a tenancy, |
| |
(b) | A is proposing to make an alteration to the premises so as to comply |
| |
with a duty to make reasonable adjustments, and |
| |
(c) | but for this paragraph, A would not be entitled to make the |
| |
| |
(2) | This paragraph also applies if— |
| |
(a) | A is a responsible person in relation to common parts, |
| |
(b) | A is proposing to make an alteration to the common parts so as to |
| |
comply with a duty to make reasonable adjustments, |
| |
(c) | A is the tenant of property which includes the common parts, and |
| |
(d) | but for this paragraph, A would not be entitled to make the |
| |
| |
(3) | The tenancy has effect as if it provided— |
| |
(a) | for A to be entitled to make the alteration with the written consent of |
| |
| |
(b) | for A to have to make a written application for that consent, |
| |
(c) | for the landlord not to withhold the consent unreasonably, and |
| |
(d) | for the landlord to be able to give the consent subject to reasonable |
| |
| |
(4) | If a question arises as to whether A has made the alteration (and, |
| |
accordingly, complied with a duty to make reasonable adjustments), any |
| |
constraint attributable to the tenancy must be ignored unless A has applied |
| |
to the landlord in writing for consent to the alteration. |
| |
(5) | For the purposes of sub-paragraph (1) or (2), A must be treated as not |
| |
entitled to make the alteration if the tenancy— |
| |
(a) | imposes conditions which are to apply if A makes an alteration, or |
| |
(b) | entitles the landlord to attach conditions to a consent to the |
| |
| |
Proceedings before county court or sheriff |
| |
4 (1) | This paragraph applies if, in a case within Part 3, 4, 6 or 7 of this Act— |
| |
(a) | A has applied in writing to the landlord for consent to the alteration, |
| |
| |
| |
|
|
| |
|
(b) | the landlord has refused to give consent or has given consent subject |
| |
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(2) | A (or a disabled person with an interest in the alteration being made) may |
| |
refer the matter to a county court or, in Scotland, the sheriff. |
| |
(3) | The county court or sheriff must determine whether the refusal or condition |
| |
| |
(4) | If the county court or sheriff finds that the refusal or condition is |
| |
unreasonable, the county court or sheriff— |
| |
(a) | may make such declaration as it thinks appropriate; |
| |
(b) | may make an order authorising A to make the alteration specified in |
| |
the order (and requiring A to comply with such conditions as are so |
| |
| |
Joining landlord as party to proceedings |
| |
5 (1) | This paragraph applies to proceedings relating to a contravention of this Act |
| |
| |
(2) | A party to the proceedings may request the employment tribunal, county |
| |
court or sheriff (“the judicial authority”) to direct that the landlord is joined |
| |
or sisted as a party to the proceedings. |
| |
(3) | The judicial authority— |
| |
(a) | must grant the request if it is made before the hearing of the |
| |
complaint or claim begins; |
| |
(b) | may refuse the request if it is made after the hearing begins; |
| |
(c) | must refuse the request if it is made after the complaint or claim has |
| |
| |
(4) | If the landlord is joined or sisted as a party to the proceedings, the judicial |
| |
authority may determine whether— |
| |
(a) | the landlord has refused to consent to the alteration; |
| |
(b) | the landlord has consented subject to a condition; |
| |
(c) | the refusal or condition was unreasonable. |
| |
(5) | If the judicial authority finds that the refusal or condition was unreasonable, |
| |
| |
(a) | may make such declaration as it thinks appropriate; |
| |
(b) | may make an order authorising A to make the alteration specified in |
| |
the order (and requiring A to comply with such conditions as are so |
| |
| |
(c) | may order the landlord to pay compensation to the complainant or |
| |
| |
(6) | An employment tribunal may act in reliance on sub-paragraph (5)(c) instead |
| |
of, or in addition to, acting in reliance on section 118(2); but if it orders the |
| |
landlord to pay compensation it must not do so in reliance on section 118(2). |
| |
(7) | If a county court or the sheriff orders the landlord to pay compensation, it |
| |
may not order A to do so. |
| |
| |
|
|
| |
|
Schedule 22: statutory provisions |
| |
Statutory authority: paragraph 1 |
| |
| |
931. Paragraph 1 of this Schedule provides exceptions from several Parts of the Bill, in |
| |
relation to the protected characteristics of age, disability, religion or belief, sex and sexual |
| |
orientation, for things done in accordance with what is, or may in future be, required because |
| |
| |
| |
932. Paragraph 1 replaces the separate exceptions for statutory authority in current |
| |
legislation. However, the exception in section 41(1) of the Race Relations Act 1976 as |
| |
amended is being removed but not being replaced. |
| |
| |
• A shopkeeper can lawfully refuse to sell alcohol to someone under the age of 18. |
| |
• An employer can lawfully dismiss a disabled employee if health and safety |
| |
regulations leave him with no other choice. |
| |
| |
|
|
| |
|
| |
6 (1) | Regulations may make provision as to circumstances in which a landlord is |
| |
taken for the purposes of this Schedule to have— |
| |
| |
(b) | withheld consent reasonably; |
| |
(c) | withheld consent unreasonably. |
| |
(2) | Regulations may make provision as to circumstances in which a condition |
| |
subject to which a landlord gives consent is taken— |
| |
| |
| |
(3) | Regulations may make provision supplementing or modifying the |
| |
preceding paragraphs of this Schedule, or provision made under this |
| |
paragraph, in relation to a case where A’s tenancy is a sub-tenancy. |
| |
(4) | Provision made by virtue of this paragraph may amend the preceding |
| |
paragraphs of this Schedule. |
| |
| |
7 | An expression used in this Schedule and in Schedule 2, 4, 8, 13 or 15 has the |
| |
same meaning in this Schedule as in that Schedule. |
| |
| |
| |
| |
| |
1 (1) | A person (P) does not contravene a provision specified in the first column of |
| |
the table, so far as relating to the protected characteristic specified in the |
| |
second column in respect of that provision, if P does anything P must do |
| |
pursuant to a requirement specified in the third column. |
| |
| | | | | | | | | | | | | | | A requirement of an enactment |
| | | | | | A requirement of an enactment |
| | | | | | A relevant requirement or |
| | | | | | condition imposed by virtue of |
| | | | | | | | | | | | A requirement of an enactment |
| | | | | | A relevant requirement or |
| | | | | | condition imposed by virtue of |
| | | | | | | | | | | | A requirement of an enactment |
| | | | | | | | | | | | A requirement of an enactment |
| | | | | | A relevant requirement or |
| | | | | | condition imposed by virtue of |
| | | | | | | | |
|
| |
|
|
| |
|
An employer can lawfully refuse to employ someone to drive a large goods vehicle who is not |
| |
old enough to hold a LGV licence. |
| |
Protection of women: paragraph 2 |
| |
| |
933. This paragraph allows differential treatment based on sex or pregnancy and maternity |
| |
at work which is required to comply with laws protecting women who are pregnant, who have |
| |
recently given birth or against risks specific to women. |
| |
| |
934. The paragraph replaces separate exceptions for the protection of women in the Sex |
| |
Discrimination Act 1975 and in the Employment Act 1989. |
| |
| |
• A care home cannot lawfully dismiss, but can lawfully suspend, a night-shift worker |
| |
because she is pregnant and her GP has certified that she must not work nights. |
| |
• It may be lawful for a road haulier to refuse to allow a woman lorry driver to transport |
| |
chemicals that could harm women of child-bearing age. |
| |
Educational appointments etc: religious belief: paragraphs 3 and 4 |
| |
| |
935. Paragraph 3 provides an exception from the provisions on sex or religious |
| |
discrimination for certain posts in schools or institutions of further or higher education where |
| |
their governing instrument requires the head teacher or principal to be of a particular religious |
| |
order, or that a particular academic position must be held by a woman, or where the legislation |
| |
or instrument which establishes a professorship requires the holder to be an ordained priest. In |
| |
the case of academic positions reserved to women, the exception only applies where the |
| |
governing instrument was made before 16 January 1990. |
| |
936. There is an order-making power conferred on a Minister of the Crown to withdraw the |
| |
exception either in relation to a particular institution or a class of institutions. |
| |
937. Paragraph 4 provides that it is not unlawful discrimination for schools which have a |
| |
religious character or ethos (often referred to as faith schools) to do certain things which are |
| |
permitted by the School Standards and Framework Act 1998. This includes: |
| |
• allowing teachers who have been appointed to give religious education to be |
| |
dismissed if they fail to give it competently; |
| |
• allowing a foundation or voluntary aided school to take account of religious |
| |
considerations when appointing a head teacher; and |
| |
• allowing a voluntary aided school or an independent school to take account of |
| |
religious considerations in employment matters. |
| |
| |
938. Paragraph 3 is designed to replicate the effect of provisions in section 5 of the |
| |
| |
| |
|
|
| |
|
(2) | A reference in the table to Part 6 does not include a reference to that Part so |
| |
far as relating to vocational training. |
| |
(3) | In this paragraph a reference to an enactment includes a reference to— |
| |
(a) | a Measure of the General Synod of the Church of England; |
| |
(b) | an enactment passed or made on or after the date on which this Act |
| |
| |
(4) | In the table, a relevant requirement or condition is a requirement or |
| |
condition imposed (whether before or after the passing of this Act) by— |
| |
(a) | a Minister of the Crown; |
| |
(b) | a member of the Scottish Executive; |
| |
(c) | the National Assembly for Wales (constituted by the Government of |
| |
| |
(d) | the Welsh Ministers, the First Minister for Wales or the Counsel |
| |
General to the Welsh Assembly Government. |
| |
| |
2 (1) | A person (P) does not contravene a specified provision only by doing in |
| |
relation to a woman (W) anything P is required to do to comply with— |
| |
(a) | a pre-1975 Act enactment concerning the protection of women; |
| |
(b) | a relevant statutory provision (within the meaning of Part 1 of the |
| |
Health and Safety at Work etc. Act 1974) if it is done for the purpose |
| |
of the protection of W (or a description of women which includes W); |
| |
(c) | a requirement of a provision specified in Schedule 1 to the |
| |
Employment Act 1989 (provisions concerned with protection of |
| |
| |
(2) | The references to the protection of women are references to protecting |
| |
| |
(a) | pregnancy or maternity, or |
| |
(b) | any other circumstances giving rise to risks specifically affecting |
| |
| |
(3) | It does not matter whether the protection is restricted to women. |
| |
(4) | These are the specified provisions— |
| |
| |
(b) | Part 6, so far as relating to vocational training. |
| |
(5) | A pre-1975 Act enactment is an enactment contained in— |
| |
| |
|