Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 4 — Premises: reasonable adjustments
147

      (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 a tenant of the premises, or
(b)
is otherwise entitled to occupy them.
      (5)
In relation to each requirement, the relevant matters are—
5
(a)
the enjoyment of the premises;
(b)
the use of a benefit or facility, entitlement to which arises as a result
of the letting.
      (6)
Sub-paragraph (2) applies only if A receives a request from or on behalf of
the tenant or a person entitled to occupy the premises to take steps to avoid
10
the disadvantage or provide the auxiliary aid.
      (7)
If a term of the letting that prohibits the tenant from making alterations puts
the disabled person at the disadvantage referred to in the first requirement,
A is required to change the term only so far as is necessary to enable the
tenant to make alterations to the let premises so as to avoid the
15
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.
      (9)
For the purposes of this paragraph, physical features do not include
furniture, furnishings, materials, equipment or other chattels in or on the
20
premises; and none of the following is an alteration of a physical feature—
(a)
the replacement or provision of a sign or notice;
(b)
the replacement of a tap or door handle;
(c)
the replacement, provision or adaptation of a door bell or door entry
system;
25
(d)
changes to the colour of a wall, door or any other surface.
     (10)
The terms of a letting include the terms of an agreement relating to it.
The duty in relation to premises to let
3     (1)
This paragraph applies where A is a controller of premises to let.
      (2)
A must comply with the first and third requirements.
30
      (3)
For the purposes of this paragraph, the reference in section 20(3) or (5) to a
disabled person is a reference to a disabled person who is considering taking
a letting of the premises.
      (4)
In relation to each requirement, the relevant matter is becoming a tenant of
the premises.
35
      (5)
Sub-paragraph (2) applies only if A receives a request by or on behalf of a
disabled person within sub-paragraph (3) for A to take steps to avoid the
disadvantage or provide the auxiliary aid.
      (6)
Nothing in this paragraph requires A to take a step which would involve the
removal or alteration of a physical feature.
40
      (7)
Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph
as it applies for the purposes of that paragraph.

Equality Bill
Schedule 4 — Premises: reasonable adjustments
148

The duty in relation to commonhold units
4     (1)
This paragraph applies where A is a commonhold association; and the
reference to a commonhold association is a reference to the association in its
capacity as the person who manages a commonhold unit.
      (2)
A must comply with the first and third requirements.
5
      (3)
For the purposes of this paragraph, the reference in section 20(3) to a
provision, criterion or practice of A’s includes a reference to—
(a)
a term of the commonhold community statement, or
(b)
any other term applicable by virtue of the transfer of the unit to the
unit-holder.
10
      (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
(b)
is otherwise entitled to occupy the unit.
      (5)
In relation to each requirement, the relevant matters are—
15
(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).
      (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
20
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
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
25
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
paragraph 2 applies in relation to a commonhold unit as it applies in relation
to let premises.
30
The duty in relation to common parts
5     (1)
This paragraph applies where A is a responsible person in relation to
common parts.
      (2)
A must comply with the second requirement.
      (3)
For the purposes of this paragraph, the reference in section 20(4) to a
35
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—
(a)
is a tenant of the premises,
(b)
is a unit-holder, or
40
(c)
is otherwise entitled to occupy the premises,

and uses or intends to use the premises as the person’s only or main home.

Equality Bill
Schedule 4 — Premises: reasonable adjustments
149

      (5)
In relation to the second requirement, the relevant matter is the use of the
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
5
(b)
the steps requested are likely to avoid or reduce the disadvantage.
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 all persons A thinks would be affected by the
step.
10
      (2)
The consultation must be carried out within a reasonable period of the
request being made.
      (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.
15
      (4)
Nothing in this paragraph affects anything a commonhold association is
required to do pursuant to Part 1 of the Commonhold and Leasehold Reform
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
20
5, A and the disabled person must agree in writing the rights and
responsibilities of each of them in relation to the step.
      (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;
25
(b)
other costs arising from the work;
(c)
the restoration of the common parts to their former condition if the
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—
30
(a)
the costs referred to in paragraphs (a) and (b) of sub-paragraph (2),
and
(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
35
agreement become part of A’s interest in the common parts and pass on
subsequent disposals accordingly.
      (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.
40
      (6)
The regulations may require the information to be provided in a prescribed
form.

Equality Bill
Schedule 5 — Premises: exceptions
150

      (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
5
paragraph 2(4)(b), 4(4)(b) or 5(4)(c).
      (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
10
(b)
the unit-holder.
Regulations
9     (1)
This paragraph applies for the purposes of section 36 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,
15
to a person;
(b)
circumstances in which premises are to be treated as being, or as not
being, to let;
(c)
who is to be treated as being, or as not being, a person entitled to
occupy premises otherwise than as tenant or unit-holder;
20
(d)
who is to be treated as being, or as not being, a person by whom
premises are let;
(e)
who is to be treated as having, or as not having, premises to let;
(f)
who is to be treated as being, or as not being, a manager of premises.
      (3)
Provision made by virtue of this paragraph may amend this Schedule.
25
Schedule 5
Section 38

Premises: exceptions
Owner-occupier
1     (1)
This paragraph applies to the private disposal of premises by an owner-
occupier.
30
      (2)
A disposal is a private disposal only if the owner-occupier does not—
(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.
35
      (3)
Section 33(1) applies only in so far as it relates to race.
      (4)
Section 34(1) does not apply in so far as it relates to—
(a)
religion or belief, or
(b)
sexual orientation.

Equality Bill
Schedule 5 — Premises: exceptions
151

      (5)
In this paragraph—
“estate agent” means a person who, by way of profession or trade,
provides services for the purpose of—
(a)
finding premises for persons seeking them, or
(b)
assisting in the disposal of premises;
5
“owner-occupier” means a person who—
(a)
owns an estate or interest in premises, and
(b)
occupies the whole of them.
2     (1)
Section 36(1)(a) does not apply if—
(a)
the premises are, or have been, the only or principal home of a person
10
by whom they are let, and
(b)
since entering into the letting, neither that person nor any other by
whom they are let has used a manager for managing the premises.
      (2)
A manager is a person who, by profession or trade, manages let premises.
      (3)
Section 36(1)(b) does not apply if—
15
(a)
the premises are, or have been, the only or principal home of a person
who has them to let, and
(b)
neither that person nor any other who has the premises to let uses the
services of an estate agent for letting the premises.
      (4)
“Estate agent” has the meaning given in paragraph 1.
20
Small premises
3     (1)
This paragraph applies to anything done by a person in relation to the
disposal, occupation or management of part of small premises if—
(a)
the person or a relative of that person resides, and intends to
continue to reside, in another part of the premises, and
25
(b)
the premises include parts (other than storage areas and means of
access) shared with residents of the premises who are not members
of the same household as the resident mentioned in paragraph (a).
      (2)
Sections 33(1), 34(1) and 35(1) apply only in so far as they relate to race.
      (3)
Premises are small if—
30
(a)
the only other persons occupying the accommodation occupied by
the resident mentioned in sub-paragraph (1)(a) are members of the
same household,
(b)
the premises also include accommodation for at least one other
household,
35
(c)
the accommodation for each of those other households is let, or
available for letting, on a separate tenancy or similar agreement, and
(d)
the premises are not normally sufficient to accommodate more than
two other households.
      (4)
Premises are also small if they are not normally sufficient to provide
40
residential accommodation for more than six persons (in addition to the
resident mentioned in sub-paragraph (1)(a) and members of the same
household).
      (5)
In this paragraph, “relative” means—
(a)
spouse or civil partner,
45

Equality Bill
Schedule 6 — Office-holders: excluded offices
152

(b)
unmarried partner,
(c)
parent or grandparent,
(d)
child or grandchild (whether or not legitimate),
(e)
the spouse, civil partner or unmarried partner of a child or
grandchild,
5
(f)
brother or sister (whether of full blood or half-blood), or
(g)
a relative within paragraph (c), (d), (e) or (f) whose relationship
arises as a result of marriage or civil partnership.
      (6)
In sub-paragraph (5), a reference to an unmarried partner is a reference to
the other member of a couple consisting of—
10
(a)
a man and a woman who are not married to each other but are living
together as husband and wife, or
(b)
two people of the same sex who are not civil partners of each other
but are living together as if they were.
4     (1)
Section 36(1) does not apply if—
15
(a)
the premises in question are small premises,
(b)
the relevant person or a relative of that person resides, and intends
to continue to reside, in another part of the premises, and
(c)
the premises include parts (other than storage areas and means of
access) shared with residents of the premises who are not members
20
of the same household as the resident mentioned in paragraph (b).
      (2)
The relevant person is the person who, for the purposes of section 36(1), is—
(a)
the controller of the premises, or
(b)
the responsible person in relation to the common parts to which the
premises relate.
25
      (3)
“Small premises” and “relative” have the same meaning as in paragraph 3.
5
A Minister of the Crown may by order amend paragraph 3 or 4.
Schedule 6
Section 52

Office-holders: excluded offices
Work to which other provisions apply
30
1     (1)
An office or post is not a personal or public office in so far as one or more of
the provisions mentioned in sub-paragraph (2)—
(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.
35
      (2)
Those provisions are—
(a)
section 39 (employment);
(b)
section 41 (contract work);
(c)
section 44 (partnerships).
(d)
section 45 (LLPs);
40
(e)
section 47 (barristers);
(f)
section 48 (advocates);

Equality Bill
Schedule 6 — Office-holders: excluded offices
153

(g)
section 55 (employment services) so far as applying to the provision
of work experience within section 56(2)(a) or arrangements within
section 56(2)(c) for such provision.
Political offices
2     (1)
An office or post is not a personal or public office if it is a political office.
5
      (2)
A political office is an office or post set out in the second column of the
following Table—

Political setting
Office or post

Houses of Parliament
An office of the House of Commons held

by a member of that House

10

An office of the House of Lords held by a

member of that House

A Ministerial office within the meaning

of section 2 of the House of Commons

Disqualification Act 1975 (c. 24)

15

The office of the Leader of the Opposition

within the meaning of the Ministerial and

other Salaries Act 1975 (c. 27)

The office of the Chief Opposition Whip,

or of an Assistant Opposition Whip,

20

within the meaning of that Act

Scottish Parliament
An office of the Scottish Parliament held

by a member of the Parliament

The office of a member of the Scottish

Executive

25

The office of a junior Scottish Minister

National Assembly for
An office of the National Assembly for

Wales
Wales held by a member of the Assembly

The office of a member of the Welsh

Assembly Government

30

Local government in
An office of a county council, district

England (outside
council or parish council in England held

London)
by a member of the council

An office of the Council of the Isles of

Scilly held by a member of the Council

35

Local government in
An office of the Greater London

London
Authority held by the Mayor of London

or a member of the London Assembly