(58-64)

House of Commons

Session 2008 - 09
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Other Bills before Parliament

(58-64)

Schedule 5 — Premises: exceptions

      (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
this 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
under this paragraph is to cease to have effect, in so far as the agreement
does not itself make provision for termination.
Victimisation
8     (1)
This paragraph applies where the relevant disabled person comes within
paragraph 2(4)(b), 4(4)(b) or 5(4)(b).
      (2)
A 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.
Regulations
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)
circumstances 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
premises 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.
Schedule 5
Section 35

Premises: exceptions
Owner-occupier
1     (1)
This paragraph applies to the private disposal of premises by an owner-
occupier.
      (2)
A disposal is a private disposal only if the owner-occupier does not—
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Schedule 5 — Premises: exceptions

718. This exception does not apply to race discrimination in disposing of premises. It only
applies to discrimination in relation to permission to dispose of premises where it is based on
religion or belief or sexual orientation.
719. This exception also exempts a controller of leasehold premises (as defined in clause
34) from the duty to make reasonable adjustments provided that:
• where the premises have been let, the premises are (or have been) the controller’s
main or only home and he has not used the services of a manager since letting the
premises (paragraph 2(1));
• where the premises are to let, they are the controller’s main or only home and he has
not used the service of an estate agent for letting purposes (paragraph 2(3))
720. The second exception applies to disposal, management or occupation of part of small
premises. It applies where a person engaging in the conduct in question, or a relative of that
person, lives in another part of the premises and the premises include facilities shared with
other people who are not part of their household.
721. This exception does not apply to race discrimination when disposing of or giving
permission for the disposal of premises, or in the management of premises.
722. The small premises exception also exempts a controller of premises or a person
responsible in relation to common parts (as defined in clause 34) from the duty to make
reasonable adjustments where the premises are small, where that person or a relative of that
person lives in one part of the premises and residents who are not members of that person’s
household live in another part of the premises. The definitions of “small premises” and
“relative” in paragraph 3 apply.
723. Paragraph 5 contains a power for a Minister of the Crown to amend or repeal the small
premises exception.
Background
724. This Schedule replaces similar provisions in current legislation.
Examples
• A homeowner makes it known that she is preparing to sell her flat privately. A work
colleague expresses an interest in buying it but she refuses to sell it to him because he
is black. That refusal would not be covered by this exception and so would be
unlawful.
• A homeowner makes it known socially that he wants to sell his house privately.
Various prospective buyers come forward and the homeowner opts to sell it to a fellow
Christian. The other prospective buyers cannot claim that they were discriminated
against because the homeowner’s actions were covered by this exception.
• A single woman owns a large house in London and lives on the top floor, although the
bathroom and toilet facilities are on the first floor. The ground floor is unoccupied and
she decides to take in a lodger, sharing the bathroom and toilet facilities. Various
prospective tenants apply but she chooses only to let the ground floor to another
woman. This would be permissible under this exception.
• A Jewish family own a large house but only live in part of it. They decide to let out an
unoccupied floor but any new tenant will have to share kitchen and cooking facilities.
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Schedule 5 — Premises: exceptions

(a)
use the services of an estate agent for the purpose of disposing of the
premises, or
(b)
publish (or cause to be published) an advertisement in connection
with their disposal.
      (3)
Section 31(1) applies only in so far as it relates to race.
      (4)
Section 32(1) does not apply in so far as it relates to—
(a)
religion or belief, or
(b)
sexual orientation.
      (5)
In this paragraph—
“estate agent” means a person who, by way of profession or trade,
provides services for the purpose of—
(a)
finding premises for persons seeking them, or
(b)
assisting in the disposal of premises;
“owner-occupier” means a person who—
(a)
owns an estate or interest in premises, and
(b)
occupies the whole of them.
2     (1)
Section 34(1)(a) does not apply if—
(a)
the premises are, or have been, the only or principal home of a
person by whom they are let, and
(b)
since entering into the letting, neither that person nor any other by
whom they are let has used a manager for managing the premises.
      (2)
A manager is a person who, by profession or trade, manages let premises.
      (3)
Section 34(1)(b) does not apply if—
(a)
the premises are, or have been, the only or principal home of a
person who has them to let, and
(b)
neither that person nor any other who has the premises to let uses the
services of an estate agent for letting the premises.
      (4)
“Estate agent” has the meaning given in paragraph 1.
Small premises
3     (1)
This paragraph applies to anything done by a person in relation to the
disposal, occupation or management of part of small premises if—
(a)
the person or a relative of that person resides, and intends to
continue to reside, in another part of the premises, and
(b)
the premises include parts (other than storage areas and means of
access) shared with residents of the premises who are not members
of the same household as the resident mentioned in paragraph (a).
      (2)
Sections 31(1), 32(1) and 33(1) apply only in so far as they relate to race.
      (3)
Premises are small if—
(a)
the only other persons occupying the accommodation occupied by
the resident mentioned in sub-paragraph (1)(a) are members of the
same household,
(b)
the premises also include accommodation for at least one other
household,
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Schedule 5 — Premises: exceptions

The family choose only to let the unoccupied floor to practising Jews as they are
concerned that otherwise their facilities for keeping their food kosher may be
compromised. This would be permissible under this exception.
Schedule 6: Office-holders: excluded offices
Effect
725. This Schedule provides that an office or post is not treated as a personal or public
office in the Bill in circumstances where the office-holder is protected by one of the other
forms of protection given in Part 5 of the Bill – employment, contract work, employment
services (as they relate to work experience), partnerships, limited liability partnerships,
barristers and advocates. It also provides that political offices, life peerages, and any other
dignity or honour conferred by the Crown are not personal or public offices for the purposes of
the Bill.
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Schedule 6 — Office-holders: excluded offices

(c)
the accommodation for each of those other households is let, or
available for letting, on a separate tenancy or similar agreement, and
(d)
the premises are not normally sufficient to accommodate more than
two other households.
      (4)
Premises are also small if they are not normally sufficient to provide
residential accommodation for more than six persons (in addition to the
resident mentioned in sub-paragraph (1)(a) and members of the same
household).
      (5)
In this paragraph, “relative” means—
(a)
spouse or civil partner,
(b)
unmarried partner,
(c)
parent or grandparent,
(d)
child or grandchild (whether or not legitimate),
(e)
the spouse, civil partner or unmarried partner of a child or
grandchild,
(f)
brother or sister (whether of full blood or half-blood), or
(g)
a relative within paragraph (c), (d), (e) or (f) whose relationship
arises as a result of marriage or civil partnership.
      (6)
In sub-paragraph (5), a reference to an unmarried partner is a reference to
the other member of a couple consisting of—
(a)
a man and a woman who are not married to each other but are living
together as husband and wife, or
(b)
two people of the same sex who are not civil partners of each other
but are living together as if they were.
4     (1)
Section 34(1) does not apply if—
(a)
the premises in question are small premises,
(b)
the relevant person or a relative of that person resides, and intends
to continue to reside, in another part of the premises, and
(c)
the premises include parts (other than storage areas and means of
access) shared with residents of the premises who are not members
of the same household as the resident mentioned in paragraph (b).
      (2)
The relevant person is the person who, for the purposes of section 34(1), is—
(a)
the controller of the premises, or
(b)
the responsible person in relation to the common parts to which the
premises relate.
      (3)
“Small premises” and “relative” have the same meaning as in paragraph 3.
5
A Minister of the Crown may by order amend paragraph 3 or 4.
Schedule 6
Section 49

Office-holders: excluded offices
Work to which other provisions apply
1     (1)
An office or post is not a personal or public office in so far as one or more of
the provisions mentioned in sub-paragraph (2)—
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Schedule 6 — Office-holders: excluded offices

Background
726. The Schedule replaces similar provisions in current legislation. The conferral of
honours and dignities is treated as a public function for the purposes of the Bill, and the
specific provisions formerly found in the Race Relations Act 1976 alone are not replicated.
Public authorities’ activities in relation to honours and dignities will also be subject to the
public sector duties.
Example
• A person appointed as a commissioner of a public body may be both an employee and
an office holder. Such a person will be protected under the employment provisions in
clause 36 as against his employer, and under the office holder provisions in clauses 46
or 47 and 48 as against the person who appointed him and/or any relevant person.
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Schedule 6 — Office-holders: excluded offices

(a)
applies in relation to the office or post, or
(b)
would apply in relation to the office or post but for the operation of
some other provision of this Act.
      (2)
Those provisions are—
(a)
section 36 (employment);
(b)
section 38 (contract work);
(c)
section 41 (partnerships).
(d)
section 42 (LLPs);
(e)
section 44 (barristers);
(f)
section 45 (advocates);
(g)
section 52 (employment services) so far as applying to the provision
of work experience within section 53(2)(a) or arrangements within
section 53(2)(c) for such provision.
Political offices
2     (1)
An office or post is not a personal or public office if it is a political office.
      (2)
A political office is an office or post set out in the second column of the
following Table—

Political setting
Office or post

Houses of Parliament
An office of the House of Commons held

by a member of that House

An office of the House of Lords held by a

member of that House

A Ministerial office within the meaning

of section 2 of the House of Commons

Disqualification Act 1975

The office of the Leader of the Opposition

within the meaning of the Ministerial and

other Salaries Act 1975

The office of the Chief Opposition Whip,

or of an Assistant Opposition Whip,

within the meaning of that Act

Scottish Parliament
An office of the Scottish Parliament held

by a member of the Parliament

The office of a member of the Scottish

Executive

The office of a junior Scottish Minister

National Assembly for
An office of the National Assembly for

Wales
Wales held by a member of the Assembly

The office of a member of the Welsh

Assembly Government

Local government in
An office of a county council, district

England (outside
council or parish council in England held

London)
by a member of the council

An office of the Council of the Isles of

Scilly held by a member of the Council

Local government in
An office of the Greater London

London
Authority held by the Mayor of London

or a member of the London Assembly

An office of a London borough council

held by a member of the council

An office of the Common Council of the

City of London held by a member of the

Council

Local government in
An office of a county council, county

Wales
borough council or community council in

Wales held by a member of the council

Local government in
An office of a council constituted under

Scotland
section 2 of the Local Government etc.

(Scotland) Act 1994 held by a member of

the council

An office of a council established under

section 51 of the Local Government

(Scotland) Act 1973 held by a member of

the council

Political parties
An office of a registered political party

169