Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 3 — Services and public functions
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Part 3
Services and public functions
Preliminary
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Application of this Part
(1)
This Part does not apply to the protected characteristic of—
5
(a)
age, so far as relating to persons who have not attained the age of 18;
(b)
marriage and civil partnership.
(2)
This Part does not apply to discrimination, harassment or victimisation—
(a)
that is prohibited by Part 4 (premises), 5 (work) or 6 (education), or
(b)
that would be so prohibited but for an express exception.
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(3)
This Part does not apply to—
(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 69 or Part 2 of Schedule 7;
(c)
a breach of a non-discrimination rule.
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Provision of services, etc.
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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
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service.
(2)
A service-provider (A) must not, in providing the service, discriminate against
a person (B)—
(a)
as to the terms on which A provides the service to B;
(b)
by terminating the provision of the service to B;
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(c)
by subjecting B to any other detriment.
(3)
A service-provider must not, in relation to the provision of the service,
harass—
(a)
a person requiring the service, or
(b)
a person to whom the service-provider provides the service.
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(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
(B)—
(a)
as to the terms on which A provides the service to B;
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(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.
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Equality Bill
Part 3 — Services and public functions
16

(7)
A duty to make reasonable adjustments applies to—
(a)
a service-provider (and see also section 55(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 26 for the purposes of subsection (3), and
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subsection (6) as it relates to harassment, neither of the following is a relevant
protected characteristic—
(a)
religion or belief;
(b)
sexual orientation.
(9)
In the application of this section, so far as relating to race or religion or belief,
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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
Kingdom.
(10)
Subsection (9) does not affect the application of any other provision of this Act
to conduct outside England and Wales or Scotland.
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Supplementary
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Ships and hovercraft
(1)
This Part (subject to subsection (2)) applies only in such circumstances as are
prescribed in relation to—
(a)
transporting people by ship or hovercraft;
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(b)
a service provided on a ship or hovercraft.
(2)
Section 29(6) applies in relation to the matters referred to in paragraphs (a) and
(b) of subsection (1); but in so far as it relates to disability discrimination,
section 29(6) applies to those matters only in such circumstances as are
prescribed.
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(3)
It does not matter whether the ship or hovercraft is within or outside the
United Kingdom.
(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
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to conduct outside England and Wales or Scotland.
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Interpretation and exceptions
(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
goods or facilities.
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(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.
(4)
A public function is a function that is a function of a public nature for the
purposes of the Human Rights Act 1998.

Equality Bill
Part 4 — Premises
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(5)
Where an employer arranges for another person to provide a service only to the
employer’s employees—
(a)
the employer is not to be regarded as the service-provider, but
(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
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is seeking to obtain or use the service.
(7)
A reference to a service-provider not providing a person with a service
includes a reference to—
(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
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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
usually provides the service to the public (or the section of it which
includes the person).
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(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
members of the public are allowed to enter, both Corporate Officers are jointly
the service-provider.
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(9)
Schedule 2 (reasonable adjustments) has effect.
(10)
Schedule 3 (exceptions) has effect.
Part 4
Premises
Preliminary
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32
Application of this Part
(1)
This Part does not apply to the following protected characteristics—
(a)
age;
(b)
marriage and civil partnership.
(2)
This Part does not apply to discrimination, harassment or victimisation—
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(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
elsewhere, or
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(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—
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(a)
a breach of an equality clause or rule;

Equality Bill
Part 4 — Premises
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(b)
anything that would be a breach of an equality clause or rule but for
section 69 or Part 2 of Schedule 7;
(c)
a breach of a non-discrimination rule.
Disposal and management
33
Disposals, etc.
5
(1)
A person (A) who has the right to dispose of premises must not discriminate
against another (B)—
(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
10
seeking premises.
(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.
(3)
A person who has the right to dispose of premises must not, in connection with
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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
another (B)—
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(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
seeking premises.
(5)
Where an interest in a commonhold unit cannot be disposed of unless a
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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 26 for the purposes of subsection (3), neither of the
following is a relevant protected characteristic—
(a)
religion or belief;
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(b)
sexual orientation.
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Permission for disposal
(1)
A person whose permission is required for the disposal of premises must not
discriminate against another by not giving permission for the disposal of the
premises to the other.
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(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
person—
(a)
who applies for permission to dispose of the premises, or
(b)
to whom the disposal would be made if permission were given.
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Equality Bill
Part 4 — Premises
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(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
the other.
(4)
In the application of section 26 for the purposes of subsection (2), neither of the
following is a relevant protected characteristic—
5
(a)
religion or belief;
(b)
sexual orientation.
(5)
This section does not apply to anything done in the exercise of a judicial
function.
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Management
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(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
benefit or facility;
(b)
by evicting B ( or taking steps for the purpose of securing B’s eviction);
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(c)
by subjecting B to any other detriment.
(2)
A person who manages premises must not, in relation to their management,
harass—
(a)
a person who occupies them;
(b)
a person who applies for them.
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(3)
A person (A) who manages premises must not victimise 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
benefit or facility;
(b)
by evicting B ( or taking steps for the purpose of securing B’s eviction);
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(c)
by subjecting B to any other detriment.
(4)
In the application of section 26 for the purposes of subsection (2), neither of the
following is a relevant protected characteristic—
(a)
religion or belief;
(b)
sexual orientation.
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Reasonable adjustments
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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;
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(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.
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(3)
A controller of premises to let is—

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Part 4 — Premises
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(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.
(5)
A responsible person in relation to common parts is—
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(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 let (and are
not part of commonhold land or in Scotland), a person by whom the
premises are let.
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(6)
Common parts are—
(a)
in relation to let premises (which are not part of commonhold land or
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;
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(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
commonhold community statement.
(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
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subject to a right to occupy.
(8)
This section does not apply to premises of such description as may be
prescribed.
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Adjustments to common parts in Scotland
(1)
The Scottish Ministers may by regulations provide that a disabled person is
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entitled to make relevant adjustments to common parts in relation to premises
in Scotland.
(2)
The reference in subsection (1) to a disabled person is a reference to a disabled
person who—
(a)
is a tenant of the premises,
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(b)
is an owner of the premises, or
(c)
is otherwise entitled to occupy the premises,

and uses or intends to use the premises as the person’s only or main home.
(3)
Before making regulations under subsection (1) the Scottish Ministers must
consult a Minister of the Crown.
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(4)
Regulations under subsection (1) may, in particular—
(a)
prescribe things which are, or which are not, to be treated as relevant
adjustments;
(b)
prescribe circumstances in which the consent of an owner of the
common parts is required before a disabled person may make an
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adjustment;
(c)
provide that the consent to adjustments is not to be withheld
unreasonably;
(d)
prescribe matters to be taken into account, or to be disregarded, in
deciding whether it is reasonable to consent to adjustments;
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Equality Bill
Part 4 — Premises
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(e)
prescribe circumstances in which consent to adjustments is to be taken
to be withheld;
(f)
make provision about the imposition of conditions on consent to
adjustments;
(g)
make provision as to circumstances in which the sheriff may make an
5
order authorising a disabled person to carry out adjustments;
(h)
make provision about the responsibility for costs arising (directly or
indirectly) from an adjustment;
(i)
make provision about the reinstatement of the common parts to the
condition they were in before an adjustment was made;
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(j)
make provision about the giving of notice to the owners of the common
parts and other persons;
(k)
make provision about agreements between a disabled person and an
owner of the common parts;
(l)
make provision about the registration of information in the Land
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Register of Scotland or the recording of documents in the Register of
Sasines relating to an entitlement of a disabled person or an obligation
on an owner of the common parts;
(m)
make provision about the effect of such registration or recording;
(n)
make provision about who is to be treated as being, or as not being, a
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person entitled to occupy premises otherwise than as tenant or owner.
(5)
In this section—
“common parts” means, in relation to premises, 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 but only in
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so far as the structure, exterior and common facilities are not solely
owned by the owner of the premises;
“relevant adjustments” means, in relation to a disabled person, alterations
or additions which are likely to avoid a substantial disadvantage to
which the disabled person is put in using the common parts in
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comparison with persons who are not disabled.
Supplementary
38
Interpretation and exceptions
(1)
This section applies for the purposes of this Part.
(2)
A reference to premises is a reference to the whole or part of the premises.
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(3)
A reference to disposing of premises includes, in the case of premises subject
to a tenancy, a reference to—
(a)
assigning the premises,
(b)
sub-letting them, or
(c)
parting with possession of them.
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(4)
A reference to disposing of premises also includes a reference to granting a
right to occupy them.
(5)
A reference to disposing of an interest in a commonhold unit includes a
reference to creating an interest in a commonhold unit.