Joint Committee on the Draft Disability Discrimination Bill

Joint Committee on the Draft Disability Discrimination Bill Written Evidence

DDB 30 Department of Work and Pensions/Department for Transport

DRAFT DISABILITY DISCRIMINATION BILL

Memorandum on delegated powers by the Department for Work and Pensions and (in relation to clause 3) the Department for Transport

INTRODUCTION

1. This memorandum identifies provisions for delegated legislation in the draft Disability Discrimination Bill (published on 3 December 2003). It summarises the main provisions of the Bill; identifies the delegated powers in the Bill and describes the purpose and proposed use of those powers; explains why the matters have been left to delegated legislation; and explains the degree of Parliamentary control provided for and reasons for the procedure selected in each case.

MAIN PROVISIONS OF THE BILL

2. The draft Disability Discrimination Bill (which extends only to Great Britain) contains 14 clauses and 1 Schedule. Its main provisions are as follows:

Clause 1: amends section 16B of the Disability Discrimination Act 1995 ("DDA") on discriminatory advertisements (as inserted by the Disability Discrimination Act (Amendment) Regulations 2003), so as to cover a third party who publishes a discriminatory advertisement (for example, a newspaper) as well as the person placing the advertisement;
Clause 2: amends the DDA so as to make it clear that discrimination by an insurer in relation to group insurance provided to the employees of a particular employer is covered by sections 19 to 21 of the Act (which deal with the provision of goods, facilities and services to the public);
Clause 3: clarifies that the current exemption from sections 19 to 21 for transport services extends only to transport vehicles themselves, and creates a power to enable that exemption to be lifted for different vehicles at different times;
Clause 4: ensures that, with some exceptions, functions of public authorities not already covered by the DDA are brought within its scope, so that it would be unlawful for a public authority, without justification, to discriminate against a disabled person when exercising its functions;
Clause 5: brings within the scope of Part 3 of the DDA private clubs with 25 or more members;
Clause 6: extends aspects of the duty to provide reasonable adjustments to landlords and others who manage rented premises;
Clause 7: confers a power to rationalise the current small dwellings exemption in section 23 of the DDA;
Clause 8: requires public authorities, when exercising their functions, to have regard to the need to eliminate unlawful discrimination against and harassment of disabled persons, and to promote equality of opportunity for such persons;
Clause 9: makes consequential changes to section 53A of the DDA, so as to enable the Disability Rights Commission ("DRC") to issue codes of practice in relation to the new public authority duties introduced by clause 8;
Clause 10: extends section 56 of the DDA so as to provide a questionnaire procedure not only for claims under Part 2, but also claims under Part 3 of the Act;
Clause 11: extends section 64A of the DDA so as to make a chief officer of police vicariously liable for acts of discrimination committed by police officers in the course of their employment where these are unlawful under Part 3 of the Act;
Clause 12: deems people with HIV infection, multiple sclerosis, or cancer to be disabled for the purposes of the DDA;
Clauses 13 and 14: deal with minor and consequential amendments, the short title, extent and commencement.
The Schedule contains minor and consequential amendments to the DDA.

3. The Explanatory Notes which accompany the draft Bill set out in greater detail the background to, and purpose behind, each of the above provisions.

DELEGATED POWERS

4. A table at the back of this document lists all of the clauses containing delegated powers in the draft Disability Discrimination Bill and the relevant parliamentary procedure governing each power. These procedures are set out in section 67 of the DDA, as amended by paragraph 17 of the Schedule to the draft Bill.

CLAUSE BY CLAUSE SUMMARY

5. Clauses 1 (discriminatory advertisements) and 2 (group insurance) contain no delegated powers.

Clause 3: Application of sections 19-21 of the 1995 Act to transport vehicles

6. The effect of paragraph 5(3) of the Schedule to this Bill is to remove the current exemption for transport services from Part 3 of the DDA. Clause 3 then adds a new section 21ZA to Part 3, which introduces a revised exemption to apply to transport vehicles, rather than transport services. Section 21ZA(3) contains a regulation-making power, which will enable the Secretary of State to lift that exemption for particular transport vehicles at different times. It is proposed that this power will initially be used to lift the exemption in respect of public transport vehicles, such as rail vehicles, buses and coaches and taxis. It will also be used to lift the exemption for transport vehicles which are used in the provision of leisure and tourism services and to ensure that car hire vehicles and car breakdown services are also brought within the scope of Part 3.

7. The application of Part 3 to transport vehicles is complex, and the requirements in respect of one type of transport vehicle do not necessarily apply to others. Furthermore, some transport sectors, such as aviation, are currently subject to voluntary codes, and the Part 3 provisions will only be applied to these sectors should the codes prove to be unsuccessful. The provision of a regulation-making power enables a balance to be struck between applying appropriate provisions from Part 3 to particular transport vehicles, whilst not imposing unreasonable requirements on providers, which could not be achieved with a provision on the face of the Bill.

8. The new section is drafted in such a way as to enable a flexible application of the Part 3 provisions to transport vehicles. For example, it is not the Government's policy that the requirements in section 21(2) (physical features) should be applied to most transport vehicles, particularly those vehicles which are already subject to specific technical requirements by virtue of regulations made under Part 5 of the DDA. However, there might be a need to apply these provisions to certain types of vehicle, for example car hire vehicles. The regulation-making power provides sufficient flexibility to allow for such selective application of the appropriate provisions, which could not be achieved in primary legislation. Furthermore, because vehicle technology is advancing so quickly, it is not possible to predict now what vehicles might need to be covered by these provisions in years to come, and this power will therefore allow regulations to be made in the future to apply the appropriate provisions to new types of vehicles.

9. The regulation-making power in new section 21ZA(3) is subject to the negative resolution procedure. The regulations will be a means of implementing policy which has already been set out in consultation. It is the intention of the Department for Transport to issue draft regulations so that there will be an opportunity for debate on the proposed application of the power during the passage of the Bill. The regulations will also be subject to full consultation before being made. Other regulation-making powers in Part 5 of the DDA, which relate to transport vehicles, are also subject to the negative resolution procedure.

Clause 4: Discrimination by public authorities

10. Clause 4 inserts new sections 21B to 21D into the DDA. New section 21B prohibits public authorities from discriminating against disabled people in the exercise of their functions. The broad aim behind the clause is to mirror the provisions of section 19B of the Race Relations Act 1976 ("the 1976 Act"), as inserted by section 1 of the Race Relations Amendment Act 2000, which prohibit public authorities from discriminating contrary to the 1976 Act in the exercise of their functions. Clause 4 inserts six new delegated powers into the DDA.

11. New section 21B(5) gives the Secretary of State a power to exclude, by regulations, bodies from being treated as public authorities for the purposes of new section 21B(1). This would allow the Secretary of State to add to the list of bodies excluded in new section 21B(3). The aim is to allow the Government some degree of flexibility as regards stipulating the bodies to be covered by the prohibition in new section 21B(1). This is thought to be necessary in view of the wide definition of "public authority" in new section 21B(2), which mirrors the definition of "public authority" in section 6(3) of the Human Rights Act 1998. The power could be used to clarify that a body is not covered or to exclude a body where a court judgment had suggested that it may be covered (and where it was not thought appropriate, for policy reasons, for the body in fact to be subject to the duty). Exceptionally, the power could be used to exclude a body, or category of bodies, where policy reasons indicated that it should not be covered by section 21B(5).

12. The regulation-making power is subject to the negative resolution procedure. The negative procedure will allow any changes to be made rapidly and is considered to provide sufficient parliamentary scrutiny in the circumstances.

13. New section 21C excludes particular acts of public authorities from the provisions of new section 21B. New section 21C(6) gives the Secretary of State the power to exclude additional acts by regulation. This is thought necessary given the wide definition of "public authority" in section 21B(2), and would be used when it was thought inappropriate for a particular activity of a public authority to be covered by these provisions, but that the other activities of that authority should be covered. It is, therefore, broadly analogous to the power in new section 21B(5).

14. The regulation-making power is subject to the negative resolution procedure which will allow any changes to be made rapidly and is considered to provide sufficient parliamentary scrutiny in the circumstances.

15. New sections 21D(1) and (2) set out the meaning of discrimination in new section 21B(1). Discrimination within the meaning of new section 21D(2) occurs where:

The outcome of the exercise of a function is very much less favourable for a disabled person for reason related to his disability;

The public authority could have prevented that outcome - and it would have been reasonable in all the circumstances of the case (having regard, in particular, to costs and resources) for it to have done so - by exercising its function in a different way (such as by visiting the client at home instead of requiring him to attend a Government office), or supplementing it with another act (such as the provision of a BSL interpreter or altering the layout of its offices); and

There is no justification under new section 21D(3) to (5).

16. The delegated power in new section 21D(6)(a) allows the Secretary of State to set down in regulations circumstances in which it would always be reasonable, or indeed, never be reasonable, for a public authority to exercise its function in a different way, or supplement it with an additional act. The purpose of this power is to enable the Secretary of State to set down more detailed rules in relation to particular recurring complaints of discrimination. The power mirrors the existing powers in section 21(5)(a) and (b) of the DDA, which apply in the case of service-providers. The power in section 21(5)(b) was, for example, used to set down the rule that it would not be reasonable for tenant service providers to make physical adjustments to the premises they occupied where they had not obtained the landlord's consent.[94]

17. The matter has been left to delegated legislation as the power allows specific, tailored provisions to be made in relation to particular patterns of complaints that may arise once new section 21B(1) comes into force.

18. The procedure for the power in new section 21D(6)(a) is the negative resolution procedure. This is considered to provide sufficient parliamentary scrutiny for the type of power at issue. It also mirrors the procedure for the parallel powers in the case of service providers in section 21(5)(a) and (b) of the DDA.

19. The third element of a discrimination complaint (as set out above) is that the public authority is given the possibility to justify its less favourable treatment of a disabled person or the less favourable outcome for a disabled person by reference to the conditions set out in new section 21D(4): for example, where a risk to health and safety of the disabled person has caused less favourable treatment. In order for a public authority to succeed in showing its action or the outcome of its action to be justified, it must satisfy the two limbs of new section 21D(3): first, it has to show that it held the opinion that one of the conditions in new section 21D(4) (for example, a risk to health and safety) is satisfied (the "subjective limb") and; secondly, that it was reasonable in all the circumstances of the case for it to hold that opinion (the "objective limb").

20. The delegated power in new section 21D(6)(b) allows the Secretary of State to make regulations as regards the objective limb of justification and to set out circumstances in which it is always, or indeed never, reasonable for a public authority to believe that one of the conditions of justification in new section 21D(4) has been made out. The purpose of this power is to enable the Secretary of State to set down more detailed rules in relation to particular recurring complaints of discrimination. He could use the power, for example, to stipulate that it would never be reasonable to believe that the costs of delivering a function in a different way would be too great where the cost was less than a specified amount. The power mirrors the existing powers in section 20(6)(a) and (b) of the DDA, which apply in the case of service providers.

21. The matter has been left to delegated legislation as the power allows specific, tailored provisions to be made in relation to defending certain types of complaint. The need for such provisions will become apparent once new section 21B(1) comes into force.

22. The procedure for the power in new section 21D(6)(b) is the negative resolution procedure. This is considered to provide sufficient parliamentary scrutiny in the circumstances and mirrors the procedure for the existing parallel powers in the case of service providers in section 20(6)(a) and (b) of the DDA.

23. New section 21D(7)(a) gives the Secretary of State the power to amend or omit one of the conditions of justification set out in new section 21D(4). The power also allows the Secretary of State to provide that a condition of justification set out in new section 21D(4) should not apply in certain circumstances. The purpose of the power is to allow the Secretary of State flexibility to modify the justifications, if it transpires that in practice they either give too much, or too little, protection to the rights of disabled people.

24. The matter has been left to delegated legislation as the power is intended to deal with unforeseen consequences arising from extending the DDA to cover discrimination occurring in the exercise of public functions. In general, the policy intention is to place equivalent duties on public bodies when they are exercising functions of a public nature to those they are under when delivering services. However, the wide variety of functions that are exercised by the bodies covered by these new provisions, and the different actions involved in exercising functions, rather than providing services, has required a different drafting approach that may not prove to behave exactly as intended.

25. The procedure for the power in new section 21D(7)(a) is the negative resolution procedure which is considered to provide sufficient parliamentary scrutiny in the circumstances. The power is designed to allow the Secretary of State to optimise consistency with Part 3 of the Act, whilst at the same time enabling sufficient account to be taken account of any differences which may arise in practice in relation to public authorities.

26. New section 21D(5) contains an additional and free-standing ground of justification for discriminatory treatment by a public authority, or a discriminatory outcome resulting from the exercise of its functions. In this case, the public authority can justify the treatment or outcome if it shows it is a proportionate means of achieving a legitimate aim. New section 21D(7)(b) gives the Secretary of State the power to amend or omit new section 21D(5), or provide for it not to apply in certain circumstances, by means of regulations. The purpose of the power is to allow the Secretary of State to adapt the justification, or indeed remove it, if it transpires that in practice it gives too much, or too little, protection to the rights of disabled people.

27. Where the power in section 21D(7)(b) is exercised to remove the justification in section 21D(5), there is a power (see the new section 67(3A) to be inserted by paragraph 17(2) of the Schedule to the draft Bill) to make consequential amendments to section 21D to omit the references to section 21D(3).

28. The procedure for the power in new section 21D(7)(b) is the negative resolution procedure, in order to allow the Secretary of State sufficient flexibility to tailor the justifications to suit the circumstances of public authorities. This is considered to provide sufficient parliamentary scrutiny for the same reasons set out in relation to the power in new section 21D(7)(a) in paragraph 25 above.

29. The delegated power in new section 21D(7)(c) allows the Secretary of State to make regulations to add additional grounds of justification for treatment or an outcome that would otherwise amount to discrimination against a disabled person. The purpose of the power is to allow the Secretary of State flexibility to deal with unforeseen consequences arising from extending the DDA to cover discrimination occurring in the exercise of public functions. This means that, where there are good policy reasons to do so, a new ground could be created to justify the exercise of a public function in a particular way.

30. The power mirrors the existing power in relation to justifications for discrimination by service-providers in section 20(8) DDA.

31. The matter has been left to delegated legislation, as the power is intended to deal with unforeseen consequences arising from extending the DDA to cover discrimination occurring in the exercise of public functions.

32. The procedure for the power in new section 21D(7)(c) is the negative resolution procedure. This is considered to provide sufficient parliamentary scrutiny in the circumstances, as it is intended to give the Secretary of State the same flexibility as in relation to the powers set out in new sections 21D(7)(a) and (b) (see paragraph 25 above) and mirrors the procedure for the parallel power in the case of service providers in section 20(8) DDA.

Clause 5: Private clubs

33. This clause inserts new sections 21E to 21H into Part 3 of the DDA and will make it unlawful for associations with 25 or more members to discriminate against disabled members, prospective members or associates in certain circumstances. (The new sections are modelled on the provisions of section 25 of the Race Relations Act 1976.)

34. New section 21E(2) and (3) set out the circumstances in which discrimination by an association will be unlawful. Subsection (2) protects a disabled applicant for membership from discrimination in relation to both refusal by a club to admit him as a member and the terms on which membership is granted. Subsection (3) prohibits discrimination: in relation to the way in which a disabled member (as defined in new section 21H(1)(a)) or an associate (as defined in new section 21H(1)(b)) is granted access to the benefits, facilities or services provided by the club; where he is refused access to such benefits, facilities or services; where he is deprived of membership or his rights as an associate; where his terms of membership or rights as an associate are varied; or where he is subjected to any other detriment.

35. New section 21F sets out the meaning of discrimination. Under new section 21F, unlawful discrimination for the purposes of new section 21E is defined as less favourable treatment of a disabled person for a disability-related reason in circumstances in which that treatment cannot be justified.

36. Less favourable treatment will only be capable of justification under new section 21F(2) where the association holds the opinion that one of the conditions in new section 21F(3) is satisfied (the "subjective" limb) and it is reasonable for it to hold that opinion (the "objective" limb). The conditions set out in new section 21F(3) broadly correspond to those found in section 20(4) DDA in relation to service providers, but have been adapted to suit the circumstances of private clubs.

37. New section 21F(5)(a) enables the Secretary of State to make regulations providing for the circumstances in which it would be reasonable, or not reasonable, for an association to hold an opinion for the purposes of new section 21F(3). This provision mirrors section 20(6) of the DDA and like that provision, is subject to the negative resolution procedure. No regulations have been made under section 20(6) of the Act.

38. Under new section 21F(5)(b), the Secretary of State may, by regulations, amend or omit any of the conditions set out in new subsection (3) or disapply them in prescribed circumstances. The purpose of this power is to allow the Secretary of State flexibility to deal with unforeseen consequences arising from extending the DDA into the new area of discrimination by private clubs against their members, potential members and associates. New section 21F(5)(b) is to be subject to the negative resolution procedure, which is considered to provide the appropriate level of parliamentary scrutiny in the circumstances. The power is designed to allow the Secretary of State to optimise consistency with Part 3 of the Act, whilst at the same time enabling sufficient account to be taken account of any differences which may arise in practice in relation to private clubs.

39. Under new section 21F(5)(c), the Secretary of State may, by regulations, add to the list of justifications in new section 21F(3). As this is the first time that the DDA will apply to discrimination by private clubs against their members, potential members and associates, the above powers are intended to provide sufficient flexibility to enable the Secretary of State to add further justifications, should this prove necessary, following consultation.

40. New section 21F(5)(c) mirrors section 20(8) of the DDA and like that provision, is subject to the negative resolution procedure. This is considered to provide the appropriate level of parliamentary scrutiny for the same reasons set out in relation to new section 21F(5)(b) in paragraph 38 above. Regulations have been made under section 20(8) of the Act, adding to the circumstances set out in section 20(4) of the Act when less favourable treatment of a disabled person by a provider of goods, facilities or services can be justified.[95] These Regulations serve to illustrate the need for flexibility in devising and applying justifications for less favourable treatment in order to achieve a balance between the rights of both parties involved.

41. New section 21F(6) provides that an association also discriminates against a disabled person if it fails to comply with a duty to make adjustments imposed on it by new section 21G and it cannot show that such a failure is justified. New section 21G(1) and (2) will enable the Secretary of State to make regulations prescribing the circumstances in which associations will be under a duty to make reasonable adjustments for disabled members, potential members and associates (which could include the alteration of physical features or the provision of an auxiliary aid).

42. As the Secretary of State intends to consult before imposing such duties, the draft provisions only set out the framework of this duty. It is not, however, expected that the duties to be imposed by regulations made under new section 21G will go further than those which providers of goods, services or facilities are under by reason of section 21 of the DDA. In addition, it is intended that regulations will make provision for the failure to make a reasonable adjustment to be justified in circumstances corresponding to circumstances set out in new section 21F(3).

43. It was thought appropriate to deal with the imposition of a duty to make adjustments on private clubs by way of delegated legislation, because it will allow for detailed consultation prior to the imposition of the duties and allow for a greater degree of flexibility in ensuring that the provisions can be adapted to suit the relationship between clubs and their members.

44. The first exercise of this regulation-making power will be subject to the affirmative resolution procedure (see section 67(4)(a) of the Act, as substituted by paragraph 17(3) of the Schedule to the draft Bill). The negative procedure will apply to subsequent exercises of this power. This is thought to provide Parliament with an appropriate level of scrutiny for the exercise of powers imposing duties for the first time on private clubs in relation to potential members, members and associates.

45. New section 21H(2) enables the Secretary of State to make regulations extending the new duties in section 21E(3)(a) and (b) so that they apply to disabled guests of members invited to make use of the facilities of the club, where this is in accordance with the rules or practices of the association. The Secretary of State would consider using this power if it became evident that discrimination by associations against disabled guests presented a problem which needed to be addressed by legislation. An example of such discrimination would be refusal by a club to allow a member's partner entry to its annual dinner, on the grounds that the partner is a disabled person who uses a wheelchair.

46. This power is subject to the affirmative resolution procedure (see section 67(4)(b) of the Act, as substituted by paragraph 17(3) of the Schedule to the draft Bill).

Clause 6: Discrimination in relation to letting of premises

47. Clause 6 contains a number of delegated powers that supplement the provisions in new sections 24A to 24J which place on a landlord or manager of premises (referred to in the draft Bill as "a controller of premises") duties to provide reasonable adjustments for disabled tenants or occupiers of let premises, or for disabled persons seeking to take a letting of premises. Sections 24A and 24E provide that it is an unlawful act of discrimination for a controller of premises to fail, without justification, to comply with a reasonable adjustment duty imposed by section 24C or 24G.

48. The provisions of new sections 24A to 24J are already fairly lengthy. To have included all the matters which it is proposed to deal with in regulations on the face of the draft Bill would have increased the draft Bill's length considerably. Further, the nature and extent of such provisions may not become fully apparent until the work of fully implementing the Bill is undertaken and the new duties are working in practice. The Department, therefore, considers it necessary and appropriate to take these powers so that full effect can be given to the new provisions of the draft Bill once enacted. Details of the delegated powers contained in clause 6 are as follows.

49. New section 24B(2) allows for the disapplication of section 24A(1) (which makes it unlawful for a controller of let premises to fail to comply with a reasonable adjustments duty imposed by section 24C) where the premises are of a prescribed description. This is a reserve power which the Secretary of State might wish to use if there is a good case to exclude certain types of lettings from the provisions.

50. New section 24F(2) contains a reserve power corresponding to section 24B(2) allowing the Secretary of State to disapply section 24E(1) (which makes it unlawful for a controller of premises that are to let to fail to comply with a reasonable adjustment duty imposed by section 24F) where the premises are of a prescribed description. The new powers in new sections 24B(2) and 24F(2) could be used, for example, where it becomes apparent that it would be inappropriate for the new duties to apply in respect of premises comprised in mining or agricultural tenancies.

51. New section 24H sets out limited circumstances in which a failure to comply with a reasonable adjustments duty imposed by section 24C or 24G can be justified. Where the controller of premises can show that the failure is justified in accordance with section 24H, there is no unlawful discrimination for the purposes of section 24A(1) or 24E(1). Subsection (1) of section 24H provides that a failure to comply with a duty to make reasonable adjustments (those contained in new sections 24A(2) and 24E(2)) can only be justified if, in his opinion, one of the conditions specified in subsection (2) is satisfied, and it is reasonable for him to hold that opinion. Section 24H(3) confers power on the Secretary of State to make supplemental or additional provision with regard to when a controller of premises can justify a failure to make a reasonable adjustment.

52. Subsection (3)(a) enables the Secretary of State to make provision, for the purposes of that section, as to the circumstances in which it would, and those in which it would not, be reasonable for a person to hold the opinion that one of the conditions specified in subsection (2) was satisfied. The purpose of this power is to enable the Secretary of State to set down more detailed rules in relation to complaints of discrimination. He could use the power, for example, to stipulate that it would never be reasonable to believe that the costs of an adjustment would be too great where the cost was less than a specified amount. The power mirrors the existing power in section 20(6)(a) and (b) of the Act, which apply in the case of service providers.

53. Subsection (3)(b) allows the Secretary of State to amend or omit a condition specified in subsection (2) or to make provision for it not to apply in prescribed circumstances. Although wider, it is similar to the power conferred on the Secretary of State by section 20(7) DDA. The purpose of the new power is to allow the Secretary of State flexibility to modify the justifications, if it transpires that in practice they either give too much, or too little, protection to the rights of disabled people. The matter has been left to delegated legislation as the power is intended to deal with unforeseen consequences arising from extending the duty of reasonable adjustments to rented premises. An example of a provision made under section 20(7)(b) can be found in the Disability Discrimination (Services and Premises) Regulations 1996 (S.I. 1996/1836), regulation 8. This provides that section 20(4)(b) of the Act (treatment justified where a disabled person is incapable of entering into an enforceable agreement or giving informed consent) shall not apply where a disabled person is acting through another person by virtue of, for example, a power of attorney. The power conferred by new section 24H(3)(b) might be exercised in a similar way.

54. Subsection (3)(c) enables the Secretary of State to provide for circumstances, other than those already contained in subsection (2), as to when a failure to comply with the duty to make reasonable adjustments is justified. It may emerge, for example, that it would be appropriate to permit justification of such a failure by reference to circumstances apart from one of the two currently set out in subsection (2). This power mirrors the one conferred on the Secretary of State with regard to justifying a failure to make reasonable adjustments by service providers (section 20(8) DDA).

55. The three powers also mirror the power conferred on the Secretary of State with regard to justifying a failure to make a reasonable adjustment by public authorities (new section 21D(7), inserted by clause 4 of the draft Bill).

56. New section 24J confers a number of powers on the Secretary of State to make supplementary provision by regulations for the purposes of sections 24(3A) and (3B) and 24A to 24H. (New sections 24(3A) and (3B) are inserted by paragraph 10 of the Schedule to the draft Bill and relate to additional grounds upon which treatment by a person with power to dispose of premises, or a person who manages premises, can be justified for the purposes of section 24(2) of the Act.)

57. The powers contained within new section 24J are considered appropriate in order to avoid the new sections relating to the new duty on controllers of premises to make reasonable adjustments from being too complex and detailed. It would be impracticable to provide for every eventuality on the face of the Bill. There are likely to be circumstances not currently anticipated by the Department for which the use of these powers may become necessary.

58. Many of the powers provided for in section 24J correspond to those conferred on the Secretary of State by section 21(5) (duty of providers of services to make adjustments). In both sets of provisions, the Secretary of State may prescribe (for example) what is, and what is not, to be included within the meaning of "practice, policy or procedure", and things which are to be treated as physical features or auxiliary aids[96]. For example, it might become necessary to specify that procedures set out in a commonhold community statement are included in the term "practice, policy or procedure"; or that adjustments which involved making holes in a wall count as a physical feature[97].

59. Section 24J contains a number of additional powers tailored to the circumstances of sections 24A to 24H - for example, as to circumstances in which premises are to be treated as being let to a person, or as to who is to be treated as being a manager of premises, or as to when it is reasonable for a controller of premises to regard a request from a tenant or prospective tenant as a request to take steps pursuant to new section 24C or 24G[98].

60. Section 24J(1)(k) allows the Secretary of State to prescribe circumstances in which it is never reasonable for a person to take steps under section 24C or 24G. This could be exercised (for example) to provide that it is never reasonable for a landlord to have to reduce the rent or to lengthen the term of the tenancy or (perhaps) to take steps which would cost more than a prescribed maximum amount.

61. Section 24J(2) makes specific provision permitting the exercise of the power in subsection (1)(a) in respect of commonhold units. Commonhold is a new form of property ownership introduced by Part 1 of the Commonhold and Leasehold Reform Act 2002. Although commonhold unit-holders will technically own a freehold interest in their unit, the commonhold community statement could still restrict the way in which a unit is used or enjoyed by a unit-holder. It could thus operate in much the same way as restrictive covenants in the lease of a flat, and to the particular disadvantage of a disabled person. It is, therefore, considered appropriate to take these powers to enable the Secretary of State, if thought necessary, to deem that commonhold units are to be treated as let premises for the purposes of the new provisions inserted into the DDA by clause 6.

62. All the delegated powers provided for in clause 6 would be exercisable by statutory instrument and are subject to the negative procedure.

Clause 7: Power to modify or end small dwellings exemption

63. Clause 7 confers a power on the Secretary of State by Order to modify or repeal section 23 DDA and new sections 24B(4) and (5) and 24F(4) and (5). These provide for exceptions to section 22 and new sections 24A and 24E in cases concerning small dwellings.

64. The exception for small dwellings is described in section 23 of the Act. In order for it to apply, four conditions must be satisfied. They are that:

the relevant occupier resides, and intends to continue to reside, on the premises;
the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household;
the shared accommodation is not storage accommodation or a means of access; and
the premises are small premises.

65. "Relevant occupier" is defined in section 23(6) as being either a person with the power to dispose of the premises or a person whose licence or consent is required for the disposal of the premises, or a near relative of those people. "Near relative" is exhaustively defined in section 23(7) as being a person's spouse, partner, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or by affinity). "Partner" is defined as being the other member of a couple consisting of a man and a woman who are not married to each other but are living together as husband and wife.

66. Premises can be "small premises" for the purpose of the exemption in one of two ways.

67. The first way (section 23(4)) is if they satisfy four conditions:

only the relevant occupier and members of his (or her) household reside in the accommodation occupied by him;
in addition to the accommodation occupied by the relevant occupier, the premises must comprise residential accommodation for at least one other household;
the residential accommodation for each other household must be let (or available for letting) on a separate tenancy or similar agreement; and
there must not normally be more than two other such households.

68. The second way (section 23(5)) is:

Where there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household.

69. The exemption is complex to understand and explain (for example, it takes three pages to cover the exemption - in outline - in the DRC's Code of Practice on Part 3 of the DDA). In addition, the extent to which the exemption is relied upon in practice is not known. In considering the operation of the DDA, the Disability Rights Task Force looked at the exemption and concluded that the figure of six persons in section 23(5) might be unnecessarily high to protect the privacy of landlords and their families and that it should be kept under review. The Government agreed with this and said in Towards Inclusion that it would take a reserve power to amend the figure, and would use the power if it were shown to be necessary. The DRC, as part of its ongoing duty to review the DDA, was asked to address the operation of the exemption once the provisions in Part 3 were fully in force.

70. The Department is not aware of any problems with the operation of the exemption. However, in view of its complexity and the possibility that the DRC (or others) may come forward with acceptable suggestions for improving (or ending) the exemption, the opportunity has been taken in the draft Bill to provide for more than simply a power to amend the figure of six. The power in clause 7(1) thus provides for the small dwellings exemption (and the corresponding provisions in new sections 24B(4) and (5) and 24F(4) and (5)) to be simplified or repealed if a good case for this is made out in due course.

71. The Government has no plans at the moment to exercise this power. Given the wide nature of the power, however, which includes the ability to revoke the exemption altogether (rather than simply amend it), it is appropriate that any exercise of it should be subject to the affirmative procedure.

Clause 8: Duties of public authorities

72. Clause 8 inserts a new Part 5A (sections 49A to 49F) into the DDA. New section 49A imposes a duty on public authorities, when carrying out their functions, to have due regard to the need to eliminate unlawful discrimination and harassment against disabled people and promote equality of opportunity for disabled people. One of the general policy aims is to achieve a duty to promote equality for disabled people, similar to the duty to promote equality of opportunity for different racial groups ("the race duty") introduced by sections 71 to 71E of the Race Relations Act 1976 ("the 1976 Act"), as inserted by section 2 of the Race Relations (Amendment) Act 2000 ("the 2000 Act").

The approach adopted by new section 49B

73. New section 49B is concerned with defining what the term "public authority" means and new section 49B(1) sets out a generic definition which is based on section 6(3)(b) of the Human Rights Act 1998. This approach in defining the bodies to which the duty applies differs from the approach adopted in relation to the race duty in section 71 of the 1976 Act. This is because section 71 of the 1976 Act imposes a duty by reference to a list of bodies contained in Schedule 1A of the Act. In contrast, the new duty to be inserted into the DDA by clause 8 is to operate simply by reference to the definition of "public authority". The aim of this approach is to ensure that a broad range of bodies with public functions should be subject to the duty in the new section 49B(1), yet avoid the need for a lengthy and cumbersome list that would require regular updating.

74. New section 49B(3) gives the Secretary of State a power to prescribe in regulations bodies that are not to be treated as public authorities. The aim of this power is to allow the Government some degree of flexibility as regards stipulating the bodies to be covered by the duty in new section 49B(1). This power allows for the DDA duty a similar sort of flexibility as exists for the race duty: whereas a body can be excluded from the race duty by not listing it, this regulation-making power allows the Government to exclude a body from the DDA duty if there are good policy reasons to do so. The power is also considered necessary in view of the wide definition of "public authority", which will be subject to interpretation by the courts: it could be used to exclude a body where a court judgment had suggested that it may be covered (and where it was not thought appropriate for policy reasons for the body in fact to be subject to the duty). This mirrors the power that would be conferred by new section 21B(5) of the Act, as inserted by clause 4 of the Bill: see paragraphs 11-12 above.

75. The matter has been left to delegated legislation as the power exists to deal with unforeseen circumstances that may arise once the new duties come into force.

76. The regulation-making power is subject to the negative resolution procedure. The negative procedure is considered to provide sufficient parliamentary scrutiny in the circumstances.

77. New section 49C sets out exceptions from the duty in new section 49A by reference to certain types of acts, such as acts done in a judicial capacity or acts that involve the making of an Act of Parliament. New section 49C(4) gives the Secretary of State the power to prescribe via regulations further acts to which the distinct limbs of the duty in new section 49A(1)(a),(b) or (c) may not apply. The purpose of this power is to provide for unforeseen circumstances where there may be good policy reasons as to why particular acts or types of acts should be excluded from the remit of the duty (or merely one of the limbs of the duty).

78. The matter has been left to delegated legislation as the power exists to deal with unforeseen circumstances that may arise once the new duties come into force.

79. The power is subject to the negative resolution procedure. The negative procedure is considered to provide sufficient parliamentary scrutiny in the circumstances.

80. The third delegated power in clause 8 is divided into four parts by virtue of the devolution requirements of the Scotland Act 1998. New section 49D(1) to (4) provides powers for the Secretary of State, in respect of all public authorities other than certain Scottish bodies, and for the Scottish Ministers in respect of those Scottish bodies, to impose by regulations specific duties on those public authorities to assist them in the performance of the (general) duty under new section 49A(1). Such duties may involve, for example, some organisations having to produce disability equality schemes, or to carry out certain types of monitoring.

81. The imposition of these specific duties has been left to delegated legislation as it is envisaged there will be a range of duties applying to different bodies. It would be unwieldy to set all of these out in primary legislation and there will, in addition, need to be wide public consultation on the nature of these duties. This also mirrors the position for the race duty where the imposition of the specific race duties was left to delegated legislation: section 71(2) of the 1976 Act gives the Secretary of State an order-making power to impose specific duties on specified public authorities to assist them in the better performance of their general duty under section 71(1) of the 1976 Act.[99]

82. The equivalent powers in section 71(2) of the 1976 Act were used to require certain public bodies to monitor the effect of their employment practices on staff of different racial groups, and of their activities on different racial groups in the population, and to set out an equality scheme that described how the body would act to promote race equality. The Government is considering how the experience of these duties should influence the development of specific duties under new sections 49D(1)-(4) of the draft Bill.

Powers for Scottish Ministers

83. On the basis of section L2 of Schedule 5 to the Scotland Act 1998, "the encouragement (other than by prohibition or regulation) of equal opportunities" falls within the devolved competence of the Scottish Parliament. This includes the imposition of duties on any office-holder in the Scottish Administration, on any Scottish public authority with mixed functions or no reserved functions and on any cross-border public authority in respect of its Scottish Functions. The Scottish Parliament would need to be asked for Sewel Consent to the provisions of clause 8 before the Bill is passed. This is because the United Kingdom Parliament would be legislating in the sphere of devolved competence with respect to the new section 49A. However, as regards the delegated powers given to the Secretary of State by new section 49D(1) to impose specific duties to ensure better performance of the general duty, the Scottish Ministers are given the same delegated powers in respect of their sphere of devolved competence. New section 49D(3) therefore gives the Scottish Ministers the power to impose specific duties on those relevant Scottish authorities falling within their sphere of competence (defined in new section 49D(10)).

Powers in respect of cross-border public authorities

84. New section 49D(4) gives the Scottish Ministers the power to impose specific duties on cross-border public authorities in respect of their Scottish functions. Before such regulations can be made, the Scottish Ministers must consult with the Secretary of State (see new section 49D(9)). The Secretary of State has a power to impose specific duties on cross-border public authorities in respect of their functions that are not Scottish functions. Likewise, he is placed under a duty to consult the Scottish Ministers before he does so (see new section 49D(8)).

Power to make incidental, supplemental or consequential amendments

85. The powers given by section 49D(1) to (4) include the power to make incidental, supplemental or consequential amendments to other legislation (see new section 67(3C) to be inserted by paragraph 17 of the Schedule to the draft Bill). The reason why this "Henry VIII" power has been taken is to provide for the unforeseen circumstances where there may be a need to amend other primary legislation to remove pre-existing equality duties or other restrictions that conflict with, or overlap in an unhelpful way with, duties that the regulations based on new section 49D(1) to (4) wish to impose. This follows the precedent in section 71(2) of the 1976 Act, which is also a "Henry VIII" power (by virtue of section 71(6) of the same Act).

86. Where it is proposed to exercise the power conferred by new section 49D(1) or (2) in a way which would amend an Act of Parliament or an Act of the Scottish Parliament ("ASP"), then they are to be exercised in accordance with the affirmative parliamentary procedure (see new section 67(4)(c) to be inserted by paragraph 17 of the Schedule to the draft Bill). The affirmative procedure is thought appropriate in these circumstances, as these powers would allow the Secretary of State to amend a wide range of other primary legislation, unlike other "Henry VIII" powers in this draft Bill which would only give the Secretary of State the power to amend the DDA.

87. Where, however, the Secretary of State exercises the powers in new section 49D(1) and (2) without amendment to primary legislation, then this will be subject to the negative resolution procedure. This procedure is thought sufficient, given that the Government intends to consult the bodies concerned in relation to the duties proposed and given the requirement in new section 49D(5) to consult the DRC before making the regulations.

88. Where the Scottish Ministers exercise their powers in new section 49D(3) and (4) and propose to amend an Act of Parliament or an ASP, then this will be subject to the affirmative procedure in the Scottish Parliament (see new section 67(4B) and (4C) to be inserted by paragraph 17 of the Schedule to the draft Bill). The affirmative procedure is thought appropriate in the circumstances where primary legislation is being amended.

89. Where the Scottish Ministers exercise their powers in new section 49D(3) and (4) and do not propose to amend an Act of Parliament or an ASP, then this will be subject to the negative resolution procedure in the Scottish Parliament (see new section 67(4D) to be inserted by paragraph 17 of the Schedule to the Bill). This procedure is thought sufficient where no primary legislation is being amended and given the requirement in new section 49D(5) that the Scottish Ministers should consult the DRC before making the regulations.

Clause 9: Codes of Practice

90. Clause 9 inserts a new subsection (1C) into section 53A[100] of the DDA to allow the DRC to issue codes of practice relating to the public sector duties in new Part 5A of the draft Bill (sections 49A and 49D). The DRC already has the power under section 53A to issue guidance in codes of practice on the operation of Parts 2, 3 and 4 of the DDA. This amendment to section 53A DDA will allow the DRC to provide guidance in respect of the new general public sector duty in new section 49A(1) and in respect of any specific duties imposed as a result of the regulation-making powers contained in new section 49D(1) to (4).

91. This sort of detailed guidance, often drawn up by reference to concrete examples, is too unwieldy to incorporate into primary legislation.

92. The procedure for issuing the code of practice is the same as the existing procedure set out in section 53A DDA, other than that the Secretary of State is required to consult the Scottish Ministers and the National Assembly for Wales before approving a code submitted to him by the DRC and before appointing a day for a new code to come into force. Section 53A(4) already provides that a code may not be issued unless and until a draft of it has been laid by the Secretary of State before Parliament, and a period of 40 days has elapsed without either House resolving not to approve it.

Clause 10: Generalisation of section 56 of the 1995 Act in relation to Part 3 claims

93. Clause 10 substitutes a new provision for section 56 of the DDA. That section currently provides for a framework under which persons who consider that they have been discriminated against contrary to Part 2 of the Act, and who are making (or considering whether to make) a complaint to an employment tribunal, can question the respondent. Where a respondent is questioned in accordance with this procedure, any replies are admissible in employment tribunal proceedings under Part 2. Where a tribunal consider that the respondent has failed, without reasonable excuse, to respond within eight weeks[101] of the questions being served, or has given evasive or equivocal replies, it is entitled to draw adverse inferences.

94. The new section 56, as substituted by clause 10 of the Bill, would extend that framework so that it will apply to claims brought under Part 3 of the Act (as amended by clauses 3 to 6 of the draft Bill) as well as to complaints under Part 2.

95. The new section reproduces four powers conferred on the Secretary of State by the current section, namely those permitting him to prescribe by order (under the negative procedure)—

the forms by which the person aggrieved may question the respondent (see subsection (2)(a));
the forms by which the respondent may, if he so wishes, reply to any questions (see subsection (2)(b));
the period within which questions must be duly served in order to be admissible in evidence before the tribunal or court (see subsection (4)(a)); and
the manner in which a question, and any reply by the respondent, may be duly served (see subsection (4)(b)).

96. The statutory instrument presently in force under the corresponding provisions in the existing section 56 is the Disability Discrimination (Questions and Replies) Order 1996 (S.I. 1996/2793)[102]. It is anticipated that the Order made under the new section 56(2) and (4) would contain broadly similar provisions.

97. New section 56(5) is a new provision not appearing in the existing section 56. This permits county court or sheriff court rules[103] to be made enabling a court hearing a claim pursuant to section 25 (which deals with the enforcement of Part 3 of the Act) to determine whether a question or reply is admissible in evidence under section 56. The power would be exercised using the negative procedure and, in doing so, regard would be had to the use of comparable powers in section 74(4) of the Sex Discrimination Act 1975 and section 65(4) of the Race Relations Act 1976.

98. New section 56(7) is also new. This permits the Secretary of State to provide by regulations for section 56 not to have any effect, or to have effect with certain prescribed modifications, in relation to claims of a prescribed description made under section 21B. (Section 21B, which prohibits discrimination against disabled persons by public authorities in the exercise of their functions, will be inserted into Part 3 of the Act by clause 4 of the draft Bill.)

99. New section 56(6) provides for aspects of the questionnaire procedure not to apply in respect of a section 21B claim (discrimination by public bodies) in certain circumstances. It is considered necessary to take the power in section 56(7) as a reserve in case further circumstances arise which show that it would be inappropriate for all or part of the questionnaire procedure to apply in relation to claims against public authorities under new section 21B. For example, the power could be used to specify that it is always a 'reasonable excuse' for a public authority to refuse to answer questions, without incurring the consequences referred to in subsection (3)(b), where providing replies to those questions might be prejudicial to national security.

100. The power in subsection (7) would be exercisable by statutory instrument under the negative procedure.

101. Clause 11 (police) contains no delegated powers.

Clause 12: Meaning of disability

102. Section 1 of the DDA defines a person as having a disability for the purposes of the Act where he or she has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. This definition is supplemented by Schedule 1 to the Act, which sets out the circumstances in which a person is to be treated as disabled where they do not meet the definition in section 1. Paragraph 8 of Schedule 1 provides that a person with a progressive condition (such as HIV infection, MS or cancer) is to be treated as disabled where the impairment has an effect on his ability to carry out normal day-to-day activities, even where that effect is less than substantial, provided that the effects are likely to become substantial in the future.

103. The new provisions are intended to increase the protection of persons with HIV, MS or cancer by deeming them to be disabled before they experience any of the effects described in section 1 or Schedule 1. Clause 12(1) does this by inserting a new paragraph 6A into Schedule 1 to the Act.

104. New paragraph 6A(2) and (3) enable the Secretary of State to make regulations excluding persons who have cancer of a prescribed description from the provisions of sub-paragraph (1). It is intended that this power will be exercised to exclude only those types of cancer which do not require substantial treatment. This will ensure that only those people with cancer which has a significant consequence on their lives are covered. The Disability Rights Task Force saw little evidence of discrimination against those people with cancers (such as skin cancers) which might require minor treatment. It was thought appropriate to deal with this issue by way of delegated legislation rather than on the face of the Bill, in order to allow sufficient flexibility as to the types of cancer, or effects thereof, which might be excluded. This power is to be subject to the negative resolution procedure, as the requirements for a higher level of Parliamentary scrutiny are not considered applicable here.

105. An example of the use of a similar existing power (also subject to the negative resolution procedure) can be found in the Disability Discrimination (Meaning of Disability) Regulations 1996 (S.I. 1996/1455). These Regulations exclude certain impairments from the scope of the definition of disability and include the effects of certain impairments in respect of very young children which might otherwise be excluded from the scope of the definition.

106. Paragraph 3 of the Schedule to the draft Bill inserts a new subsection (A1) into section 3 of the DDA. Section 3 as currently drafted enables the Secretary of State to issue guidance on two aspects of the definition of disability: whether an impairment is to be considered as having a substantial adverse effect on a person's ability to carry out normal day-to-day activities and whether an impairment is to be considered as having a long-term effect.

107. New section 3(A1) would enable the Secretary of State to issue guidance on all aspects of the definition of disability. For the purposes of new paragraph 6A of Schedule 1, this will enable guidance to be issued, for example, on when a person is to be considered as having HIV infection, cancer or MS. The parliamentary procedure relating to the issuing of guidance under section 3 (effectively the negative resolution procedure) will continue to be governed by section 3(6)-(8) of the Act.

108. Clause 13 (minor and consequential amendments) contains no delegated powers.

Schedule

Paragraph 3

109. See paragraphs 106-107 above.

Paragraph 5

110. Paragraph 5 contains consequential amendments to section 19 of the DDA. Paragraph 5(3) replaces the existing section 19(5) with a regulation-making power to replicate that already contained in section 19(5)(c), i.e. a power enabling the Secretary of State to provide for section 19(1) and section 21(1), (2) and (4) (which prohibit discrimination by service providers and require reasonable adjustments to be made by them) not to apply in relation to services of a prescribed description. This is the only provision of the existing section 19(5)[104] which will remain in force, because the exemption for transport vehicles will be contained in a new section. This power permits the making of regulations to prescribe services to which sections 19, 20 and 21 do not apply. The power has been redrafted to make it consistent with the wording in new section 21ZA(3), but it is not a new power. This power has been used once in the making of the Disability Discrimination (Services and Premises) Regulations 1996 (S.I. 1996/1836). Regulations made under this provision will continue, as now, to be subject to the negative resolution procedure.

Paragraph 6

111. Paragraph 6 substitutes section 20(7)(c) of the Act, under which regulations may make provision for section 20(4)(b) (incapacity to enter into an enforceable agreement) not to justify discrimination where another person has been appointed to act on that person's behalf under the law of Scotland. The substitution is made in consequence of amendments made by the Adults with Incapacity (Scotland) Act 2000: see paragraph 106 of the Explanatory Notes to the draft Bill.

Paragraph 8

112. Paragraph 8 inserts into section 22 of the DDA (discrimination in relation to premises) a new subsection (3A). This provides a power to make provision for the purposes of section 22(3) as to who is, and who is not, to be treated as a person who manages premises, and, as to who is, and who is not, to be treated as being a person occupying premises.

113. It is anticipated, in particular, that the power contained in new subsection (3A)(a) may be used in consequence of the Commonhold and Leasehold Reform Act 2002, which introduces new arrangements for owning premises (see paragraph 61 above). It may be appropriate to exercise the new power in order to clarify that a commonhold association (i.e. the body which manages a commonhold development) is to be treated as a person managing premises for the purposes of section 22(3) of the DDA. By the same token, the power in new subsection (3A)(b) might be needed to clarify that the owner of a commonhold unit is to be treated as a person occupying premises for the purposes of subsection (3).

114. Both these powers would be exercisable by statutory instrument and subject to the negative procedure.

Paragraph 10(4)

115. Paragraph 10(4) inserts a new subsection (4A) into section 24 DDA (meaning of "discrimination" for the purposes of section 22). This power allows the Secretary of State to provide that the condition or ground of justification provided for in subsection (3)(b) does not apply in prescribed circumstances.

116. Section 24(3)(b) allows a person disposing of premises, or a manager of premises, to justify less favourable treatment of a disabled person who is incapable of entering into an enforceable agreement. Without this provision, such treatment would constitute unlawful discrimination contrary to section 22(1) or (3). The proposed new subsection (4A) would confer a reserve power on the Secretary of State to disapply subsection (3B) in prescribed circumstances. This amendment would bring section 24 into line with section 20 (meaning of "discrimination" for purposes of section 19) which also contains a power (subsection (7)) enabling the Secretary of State to disapply the corresponding justification in section 20(4)(b) in certain circumstances. See also the similar provision in new section 24H(3)(b), to be inserted by clause 6 of the draft Bill (discussed at paragraph 53 above).

117. The proposed power to be inserted by new section 24(4A) would - in common with the corresponding powers in sections 20(4)(b) and 24H(3)(b) - be exercisable by statutory instrument and subject to the negative procedure.

Department for Work and Pensions

Department for Transport

20 January 2004Clauses containing powers to make delegated legislation

Page Clause Title Parliamentary procedure

2 3 Power in new section 21ZA(3) to disapply, in total or in part, the exemptions in new section 21ZA(1) and (2) which apply to transport vehicles Negative

3 4 Discrimination by public authorities Negative

7 5 Private clubs Negative/ Affirmative

10 6 Discrimination in relation to letting of premises Negative

13 7 Power to modify or end small dwellings exemption
Affirmative

14 8 Duties of public authorities Negative/
affirmative

18 9 Codes of Practice Negative

18 10 Generalisation of section 56 of the 1995 Act in relation to Part 3 claims Negative

20 12 Meaning of disability Negative

21 Schedule, para.3 Amendments to section 3 (additional power of Secretary of State to issue guidance on definition of disability) Negative

21 Schedule, para.5(3) Amendment of section 19(5)(c) (power to prescribe services to which sections 19(1) and 21(1), (2) and (4) do not apply) Negative

21 Schedule, para.6 Amendment to section 20(7) (regulations may provide for a person's lack of capacity not to justify discrimination where another person has been appointed to act on that person's behalf) Negative

21 Schedule, para.8 Amendment to section 22 (regulations may provide for who is to be treated as a manager or occupier of premises for purposes of subsection (3)) Negative

22 Schedule, para.10(4) Amendment to section 24 (regulations may provide for the condition specified in subsection (3)(b) not to apply in prescribed circumstances) Negative