|
| |
|
Provision of services, etc. |
| |
28 | Provision of services, etc. |
| |
(1) | A person (a “service-provider”) concerned with the provision of a service to the |
| |
public or a section of the public (for payment or not) must not discriminate |
| |
against a person requiring the service by not providing the person with the |
| 5 |
| |
(2) | A service-provider (A) must not, in providing the service, discriminate against |
| |
| |
(a) | as to the terms on which A provides the service to B; |
| |
(b) | by terminating the provision of the service to B; |
| 10 |
(c) | by subjecting B to any other detriment. |
| |
(3) | A service-provider must not, in relation to the provision of the service, |
| |
| |
(a) | a person requiring the service, or |
| |
(b) | a person to whom the service-provider provides the service. |
| 15 |
(4) | A service-provider must not victimise a person requiring the service by not |
| |
providing the person with the service. |
| |
(5) | A service-provider (A) must not, in providing the service, victimise a person |
| |
| |
(a) | as to the terms on which A provides the service to B; |
| 20 |
(b) | by terminating the provision of the service to B; |
| |
(c) | by subjecting B to any other detriment. |
| |
(6) | A person must not, in the exercise of a public function that is not the provision |
| |
of a service to the public or a section of the public, do anything that constitutes |
| |
discrimination, harassment or victimisation. |
| 25 |
(7) | A duty to make reasonable adjustments applies to— |
| |
(a) | a service-provider (and see also section 53(7)); |
| |
(b) | a person who exercises a public function that is not the provision of a |
| |
service to the public or a section of the public. |
| |
(8) | In the application of section 25 for the purposes of subsection (3), and |
| 30 |
subsection (6) as it relates to harassment, neither of the following is a relevant |
| |
protected characteristic— |
| |
| |
| |
(9) | In the application of this section, so far as relating to race or religion or belief, |
| 35 |
to the granting of entry clearance (within the meaning of the Immigration Act |
| |
1971), it does not matter whether an act is done within or outside the United |
| |
| |
(10) | Subsection (9) does not affect the application of any other provision of this Act |
| |
to conduct outside England and Wales or Scotland. |
| 40 |
|
| |
|
| |
|
| |
| |
(1) | This Part (except section 28(6)) applies only in such circumstances as are |
| |
prescribed in relation to— |
| |
(a) | transporting people by ship or hovercraft; |
| 5 |
(b) | a service provided on a ship or hovercraft. |
| |
(2) | In the application of subsection (1) to disability discrimination, the words |
| |
“(except section 28(6))” are to be ignored. |
| |
(3) | It does not matter whether the ship or hovercraft is within or outside the |
| |
| 10 |
(4) | “Ship” has the same meaning as in the Merchant Shipping Act 1995. |
| |
(5) | “Hovercraft” has the same meaning as in the Hovercraft Act 1968. |
| |
(6) | Nothing in this section affects the application of any other provision of this Act |
| |
to conduct outside England and Wales or Scotland. |
| |
30 | Interpretation and exceptions |
| 15 |
(1) | This section applies for the purposes of this Part. |
| |
(2) | A reference to the provision of a service includes a reference to the provision of |
| |
| |
(3) | A reference to the provision of a service includes a reference to the provision of |
| |
a service in the exercise of a public function. |
| 20 |
(4) | A public function is a function that is a function of a public nature for the |
| |
purposes of the Human Rights Act 1998. |
| |
(5) | Where an employer arranges for another person to provide a service only to the |
| |
| |
(a) | the employer is not to be regarded as the service-provider, but |
| 25 |
(b) | the employees are to be regarded as a section of the public. |
| |
(6) | A reference to a person requiring a service includes a reference to a person who |
| |
is seeking to obtain or use the service. |
| |
(7) | A reference to a service-provider not providing a person with a service |
| |
| 30 |
(a) | the service-provider not providing the person with a service of the |
| |
quality that the service-provider usually provides to the public (or the |
| |
section of it which includes the person), or |
| |
(b) | the service-provider not providing the person with the service in the |
| |
manner in which, or on the terms on which, the service-provider |
| 35 |
usually provides the service to the public (or the section of it which |
| |
| |
(8) | In relation to the provision of a service by either House of Parliament, the |
| |
service-provider is the Corporate Officer of the House concerned; and if the |
| |
service involves access to, or use of, a place in the Palace of Westminster which |
| 40 |
members of the public are allowed to enter, both Corporate Officers are jointly |
| |
| |
|
| |
|
| |
|
(9) | Schedule 2 (reasonable adjustments) has effect. |
| |
(10) | Schedule 3 (exceptions) has effect. |
| |
| |
| |
| 5 |
31 | Application of this Part |
| |
(1) | This Part does not apply to the following protected characteristics— |
| |
| |
(b) | marriage and civil partnership. |
| |
(2) | This Part does not apply to discrimination, harassment or victimisation— |
| 10 |
(a) | that is prohibited by Part 5 (work) or Part 6 (education), or |
| |
(b) | that 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 |
| |
| 15 |
(b) | is for the purpose only of exercising a public function or providing a |
| |
service 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— |
| 20 |
(a) | a breach of an equality clause or rule; |
| |
(b) | anything that would be a breach of an equality clause or rule but for |
| |
section 66 or Part 2 of Schedule 7; |
| |
(c) | a breach of a non-discrimination rule. |
| |
| 25 |
| |
(1) | A person (A) who has the right to dispose of premises must not discriminate |
| |
| |
(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; |
| 30 |
(c) | in A’s treatment of B with respect to things done in relation to persons |
| |
| |
(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. |
| 35 |
(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) | A person (A) who has the right to dispose of premises must not victimise |
| |
| |
(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 |
| 5 |
| |
(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 25 for the purposes of subsection (3), neither of the |
| 10 |
following is a relevant protected characteristic— |
| |
| |
| |
33 | Permission for disposal |
| |
(1) | A person whose permission is required for the disposal of premises must not |
| 15 |
discriminate against another by not giving permission for the disposal of the |
| |
| |
(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 |
| |
| 20 |
(a) | who 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 |
| |
| 25 |
(4) | In the application of section 25 for the purposes of subsection (2), neither of the |
| |
following is a relevant protected characteristic— |
| |
| |
| |
(5) | This section does not apply to anything done in the exercise of a judicial |
| 30 |
| |
| |
(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 |
| 35 |
| |
(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, |
| |
| 40 |
(a) | a 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 |
| |
| |
(a) | in the way in which A allows B, or by not allowing B, to make use of a |
| |
| |
(b) | by evicting B ( or taking steps for the purpose of securing B’s eviction); |
| 5 |
(c) | by subjecting B to any other detriment. |
| |
(4) | In the application of section 25 for the purposes of subsection (2), neither of the |
| |
following is a relevant protected characteristic— |
| |
| |
| 10 |
| |
35 | Leasehold and commonhold premises and common parts |
| |
(1) | A duty to make reasonable adjustments applies to— |
| |
(a) | a controller of let premises; |
| |
(b) | a controller of premises to let; |
| 15 |
(c) | a commonhold association; |
| |
(d) | a responsible person in relation to common parts. |
| |
(2) | A controller of let premises is— |
| |
(a) | a person by whom premises are let, or |
| |
(b) | a person who manages them. |
| 20 |
(3) | A controller of premises to let is— |
| |
(a) | a person who has premises to let, or |
| |
(b) | a person who manages them. |
| |
(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. |
| 25 |
(5) | A responsible person in relation to common parts is— |
| |
(a) | where the premises to which the common parts relate are part of |
| |
commonhold 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; |
| 30 |
(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 |
| |
whom the premises are let. |
| |
| |
(a) | in relation to let premises (which are not part of commonhold land or |
| 35 |
of a tenement in Scotland), the structure and exterior of, and any |
| |
common facilities within or used in connection with, the building or |
| |
part 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 |
| 40 |
commonhold community statement; |
| |
(c) | in relation to premises which are part of a tenement in Scotland, the |
| |
structure 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 |
| |
| |
(7) | A reference to letting includes a reference to sub-letting; and for the purposes |
| |
of subsection (1)(a) and (b), a reference to let premises includes premises |
| |
subject to a right to occupy. |
| 5 |
(8) | This section does not apply to premises of such description as may be |
| |
| |
| |
36 | Interpretation and exceptions |
| |
(1) | This section applies for the purposes of this Part. |
| 10 |
(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) | assigning the premises, |
| |
| 15 |
(c) | parting with possession of them. |
| |
(4) | A reference to disposing of premises also includes a reference to granting a |
| |
| |
(5) | A reference to disposing of an interest in a commonhold unit includes a |
| |
reference to creating an interest in a commonhold unit. |
| 20 |
(6) | A reference to a tenancy is to a tenancy created (whether before or after the |
| |
| |
(a) | by a lease or sub-lease, |
| |
(b) | by an agreement for a lease or sub-lease, |
| |
(c) | by a tenancy agreement, or |
| 25 |
(d) | in pursuance of an enactment, |
| |
| and a reference to a tenant is to be construed accordingly. |
| |
(7) | A 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. |
| 30 |
(8) | A reference to a tenement or tenement building is to be construed in |
| |
accordance with the Tenements (Scotland) Act 2004 (asp 11). |
| |
(9) | Schedule 4 (reasonable adjustments) has effect. |
| |
(10) | Schedule 5 (exceptions) has effect. |
| |
|
| |
|
| |
|
| |
| |
| |
| |
| 5 |
37 | Employees and applicants |
| |
(1) | An employer (A) must not discriminate against a person (B)— |
| |
(a) | in the arrangements A makes for deciding to whom to offer |
| |
| |
(b) | as to the terms on which A offers B employment; |
| 10 |
(c) | by not offering B employment. |
| |
(2) | An employer (A) must not discriminate against an employee of A’s (B)— |
| |
(a) | as to B’s terms of employment; |
| |
(b) | in the way A affords B access, or by not affording B access, to |
| |
opportunities for promotion, transfer or training or for receiving any |
| 15 |
other benefit, facility or service; |
| |
| |
(d) | by subjecting B to any other detriment. |
| |
(3) | An employer (A) must not victimise a person (B)— |
| |
(a) | in the arrangements A makes for deciding to whom to offer |
| 20 |
| |
(b) | as to the terms on which A offers B employment; |
| |
(c) | by not offering B employment. |
| |
(4) | An employer (A) must not victimise an employee of A’s (B)— |
| |
(a) | as to B’s terms of employment; |
| 25 |
(b) | in the way A affords B access, or by not affording B access, to |
| |
opportunities for promotion, transfer or training or for any other |
| |
benefit, facility or service; |
| |
| |
(d) | by subjecting B to any other detriment. |
| 30 |
(5) | A duty to make reasonable adjustments applies to an employer. |
| |
(6) | Subsection (1)(b), so far as relating to sex or pregnancy and maternity, does not |
| |
apply to a term that relates to pay— |
| |
(a) | unless, were B to accept the offer, an equality clause or rule would have |
| |
effect in relation to the term, or |
| 35 |
(b) | if paragraph (a) does not apply, except in so far as making an offer on |
| |
terms including that term amounts to a contravention of subsection |
| |
(1)(b) by virtue of section 13 or 18. |
| |
(7) | In subsections (2)(c) and (4)(c), the reference to dismissing B includes a |
| |
reference to the termination of B’s employment— |
| 40 |
(a) | by the expiry of a period (including a period expiring by reference to an |
| |
| |
|
| |
|