Equality Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 4 — Premises: reasonable adjustments
145

(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 20(3) or (5) to a disabled person
is a reference to a disabled person who—
(a)
is the unit-holder, or
5
(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
of a term within sub-paragraph (3)(a) or (b).
10
      (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
from making alterations puts the disabled person at the disadvantage
15
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
removal or alteration of a physical feature; and sub-paragraph (9) of
20
paragraph 2 applies in relation to a commonhold unit as it applies in relation
to let premises.
The duty in relation to common parts
5     (1)
This paragraph applies where A is a responsible person in relation to
common parts.
25
      (2)
A must comply with the second requirement.
      (3)
For the purposes of this paragraph, the reference in section 20(4) to a
physical feature is a reference to a physical feature of the common parts.
      (4)
For those purposes, the reference in section 20(4) to a disabled person is a
reference to a disabled person who—
30
(a)
is a tenant of the premises,
(b)
is a unit-holder or, in Scotland, an owner of the premises, or
(c)
is 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
35
common parts.
      (6)
Sub-paragraph (2) applies only if—
(a)
A 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.
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Consultation on adjustments relating to common parts
6     (1)
In deciding whether it is reasonable to take a step for the purposes of
paragraph 5, A must consult—

Equality Bill
Schedule 4 — Premises: reasonable adjustments
146

(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
request being made.
5
      (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
required to do pursuant to Part 1 of the Commonhold and Leasehold Reform
10
Act 2002.
Agreement on adjustments relating to common parts
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
responsibilities of each of them in relation to the step.
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      (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)
the restoration of the common parts to their former condition if the
20
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),
and
25
(b)
the costs of the restoration referred to in paragraph (c) of that sub-
paragraph.
      (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.
30
      (5)
Regulations may 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.
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      (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
40
paragraph 2(4)(b), 4(4)(b) or 5(4)(c).

Equality Bill
Schedule 5 — Premises: exceptions
147

      (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.
5
Regulations
9     (1)
This paragraph applies for the purposes of section 35 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;
10
(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
15
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
20
Section 36

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—
25
(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 32(1) applies only in so far as it relates to race.
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      (4)
Section 33(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,
35
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
40

Equality Bill
Schedule 5 — Premises: exceptions
148

(b)
occupies the whole of them.
2     (1)
Section 35(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
5
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 35(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
10
(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
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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
20
of the same household as the resident mentioned in paragraph (a).
      (2)
Sections 32(1), 33(1) and 34(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
25
same household,
(b)
the premises also include accommodation for at least one other
household,
(c)
the accommodation for each of those other households is let, or
available for letting, on a separate tenancy or similar agreement, and
30
(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
35
household).
      (5)
In this paragraph, “relative” means—
(a)
spouse or civil partner,
(b)
unmarried partner,
(c)
parent or grandparent,
40
(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

Equality Bill
Schedule 6 — Office-holders: excluded offices
149

(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
5
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 35(1) does not apply if—
(a)
the premises in question are small premises,
10
(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).
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      (2)
The relevant person is the person who, for the purposes of section 35(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.
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5
A Minister of the Crown may by order amend paragraph 3 or 4.
Schedule 6
Section 50

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
25
the provisions mentioned in sub-paragraph (2)—
(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—
30
(a)
section 37 (employment);
(b)
section 39 (contract work);
(c)
section 42 (partnerships).
(d)
section 43 (LLPs);
(e)
section 45 (barristers);
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(f)
section 46 (advocates);
(g)
section 53 (employment services) so far as applying to the provision
of work experience within section 54(2)(a) or arrangements within
section 54(2)(c) for such provision.

Equality Bill
Schedule 6 — Office-holders: excluded offices
150

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

5

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

10

of section 2 of the House of Commons

Disqualification Act 1975 (c. 24)

The office of the Leader of the Opposition

within the meaning of the Ministerial and

other Salaries Act 1975 (c. 27)

15

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

20

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

25

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

30

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

35

An office of a London borough council

held by a member of the council

Equality Bill
Schedule 7 — Equality of terms: exceptions
Part 1 — Terms of work
151

Political setting
Office or post

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

5

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 (c. 39) held by a

10

member of the council

An office of a council established under

section 51 of the Local Government

(Scotland) Act 1973 (c. 65) held by a

member of the council

15

Political parties
An office of a registered political party

      (3)
The reference to a registered political party is a reference to a party
registered in the Great Britain register under Part 2 of the Political Parties,
Elections and Referendums Act 2000.
Honours etc.
20
3
A life peerage (within the meaning of the Life Peerages Act 1958 (c. 21)), or
any other dignity or honour conferred by the Crown, is not a personal or
public office.
Schedule 7
Section 77

Equality of terms: exceptions
25
Part 1
Terms of work
Compliance with laws regulating employment of women, etc.
1
Neither a sex equality clause nor a maternity equality clause has effect in
relation to terms of work affected by compliance with laws regulating—
30
(a)
the employment of women;
(b)
the appointment of women to personal or public offices.
Pregnancy, etc.
2
A sex equality clause does not have effect in relation to terms of work
affording special treatment to women in connection with pregnancy or
35
childbirth.