Equality Bill

House of Lords

Session 2009 - 10
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Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 21 — Reasonable adjustments: supplementary
215

      (3)
In this Schedule, a binding obligation is a legally binding obligation in
relation to premises, however arising; but the reference to a binding
obligation in sub-paragraph (1)(a) or (c) does not include a reference to an
obligation imposed by a tenancy.
      (4)
The steps referred to in sub-paragraph (2)(a) do not include applying to a
5
court or tribunal.
Landlord’s consent
3     (1)
This paragraph applies if—
(a)
A occupies premises under a tenancy,
(b)
A is proposing to make an alteration to the premises so as to comply
10
with a duty to make reasonable adjustments, and
(c)
but for this paragraph, A would not be entitled to make the
alteration.
      (2)
This paragraph also applies if—
(a)
A is a responsible person in relation to common parts,
15
(b)
A is proposing to make an alteration to the common parts so as to
comply with a duty to make reasonable adjustments,
(c)
A is the tenant of property which includes the common parts, and
(d)
but for this paragraph, A would not be entitled to make the
alteration.
20
      (3)
The tenancy has effect as if it provided—
(a)
for A to be entitled to make the alteration with the written consent of
the landlord,
(b)
for A to have to make a written application for that consent,
(c)
for the landlord not to withhold the consent unreasonably, and
25
(d)
for the landlord to be able to give the consent subject to reasonable
conditions.
      (4)
If a question arises as to whether A has made the alteration (and,
accordingly, complied with a duty to make reasonable adjustments), any
constraint attributable to the tenancy must be ignored unless A has applied
30
to the landlord in writing for consent to the alteration.
      (5)
For the purposes of sub-paragraph (1) or (2), A must be treated as not
entitled to make the alteration if the tenancy—
(a)
imposes conditions which are to apply if A makes an alteration, or
(b)
entitles the landlord to attach conditions to a consent to the
35
alteration.
Proceedings before county court or sheriff
4     (1)
This paragraph applies if, in a case within Part 3, 4, 6 or 7 of this Act—
(a)
A has applied in writing to the landlord for consent to the alteration,
and
40
(b)
the landlord has refused to give consent or has given consent subject
to a condition.
      (2)
A (or a disabled person with an interest in the alteration being made) may
refer the matter to a county court or, in Scotland, the sheriff.

Equality Bill
Schedule 21 — Reasonable adjustments: supplementary
216

      (3)
The county court or sheriff must determine whether the refusal or condition
is unreasonable.
      (4)
If the county court or sheriff finds that the refusal or condition is
unreasonable, the county court or sheriff—
(a)
may make such declaration as it thinks appropriate;
5
(b)
may make an order authorising A to make the alteration specified in
the order (and requiring A to comply with such conditions as are so
specified).
Joining landlord as party to proceedings
5     (1)
This paragraph applies to proceedings relating to a contravention of this Act
10
by virtue of section 20.
      (2)
A party to the proceedings may request the employment tribunal, county
court or sheriff (“the judicial authority”) to direct that the landlord is joined
or sisted as a party to the proceedings.
      (3)
The judicial authority—
15
(a)
must grant the request if it is made before the hearing of the
complaint or claim begins;
(b)
may refuse the request if it is made after the hearing begins;
(c)
must refuse the request if it is made after the complaint or claim has
been determined.
20
      (4)
If the landlord is joined or sisted as a party to the proceedings, the judicial
authority may determine whether—
(a)
the landlord has refused to consent to the alteration;
(b)
the landlord has consented subject to a condition;
(c)
the refusal or condition was unreasonable.
25
      (5)
If the judicial authority finds that the refusal or condition was unreasonable,
it—
(a)
may make such declaration as it thinks appropriate;
(b)
may make an order authorising A to make the alteration specified in
the order (and requiring A to comply with such conditions as are so
30
specified);
(c)
may order the landlord to pay compensation to the complainant or
claimant.
      (6)
An employment tribunal may act in reliance on sub-paragraph (5)(c) instead
of, or in addition to, acting in reliance on section 123(2); but if it orders the
35
landlord to pay compensation it must not do so in reliance on section 123(2).
      (7)
If a county court or the sheriff orders the landlord to pay compensation, it
may not order A to do so.
Regulations
6     (1)
Regulations may make provision as to circumstances in which a landlord is
40
taken for the purposes of this Schedule to have—
(a)
withheld consent;
(b)
withheld consent reasonably;
(c)
withheld consent unreasonably.

Equality Bill
Schedule 22 — Statutory provisions
217

      (2)
Regulations may make provision as to circumstances in which a condition
subject to which a landlord gives consent is taken—
(a)
to be reasonable;
(b)
to be unreasonable.
      (3)
Regulations may make provision supplementing or modifying the
5
preceding paragraphs of this Schedule, or provision made under this
paragraph, in relation to a case where A’s tenancy is a sub-tenancy.
      (4)
Provision made by virtue of this paragraph may amend the preceding
paragraphs of this Schedule.
Interpretation
10
7
An expression used in this Schedule and in Schedule 2, 4, 8, 13 or 15 has the
same meaning in this Schedule as in that Schedule.
Schedule 22
Section 190

Statutory provisions
Statutory authority
15
1     (1)
A person (P) does not contravene a provision specified in the first column of
the table, so far as relating to the protected characteristic specified in the
second column in respect of that provision, if P does anything P must do
pursuant to a requirement specified in the third column.

Specified provision
Protected
Requirement

20

characteristic

Parts 3 to 7
Age
A requirement of an enactment

Parts 3 to 7 and 12
Disability
A requirement of an enactment

A relevant requirement or

condition imposed by virtue of

25

an enactment

Parts 3 to 7
Religion or belief
A requirement of an enactment

A relevant requirement or

condition imposed by virtue of

an enactment

30

Section 29(6) and
Sex
A requirement of an enactment

Parts 6 and 7

Parts 3, 4, 6 and 7
Sexual orientation
A requirement of an enactment

A relevant requirement or

condition imposed by virtue of

35

an enactment

Equality Bill
Schedule 22 — Statutory provisions
218

      (2)
A reference in the table to Part 6 does not include a reference to that Part so
far as relating to vocational training.
      (3)
In this paragraph a reference to an enactment includes a reference to—
(a)
a Measure of the General Synod of the Church of England;
(b)
an enactment passed or made on or after the date on which this Act
5
is passed.
      (4)
In the table, a relevant requirement or condition is a requirement or
condition imposed (whether before or after the passing of this Act) by—
(a)
a Minister of the Crown;
(b)
a member of the Scottish Executive;
10
(c)
the National Assembly for Wales (constituted by the Government of
Wales Act 1998 (c. 38));
(d)
the Welsh Ministers, the First Minister for Wales or the Counsel
General to the Welsh Assembly Government.
Protection of women
15
2     (1)
A person (P) does not contravene a specified provision only by doing in
relation to a woman (W) anything P is required to do to comply with—
(a)
a pre-1975 Act enactment concerning the protection of women;
(b)
a relevant statutory provision (within the meaning of Part 1 of the
Health and Safety at Work etc. Act 1974 (c. 37)) if it is done for the
20
purpose of the protection of W (or a description of women which
includes W);
(c)
a requirement of a provision specified in Schedule 1 to the
Employment Act 1989 (c. 38) (provisions concerned with protection
of women at work).
25
      (2)
The references to the protection of women are references to protecting
women in relation to—
(a)
pregnancy or maternity, or
(b)
any other circumstances giving rise to risks specifically affecting
women.
30
      (3)
It does not matter whether the protection is restricted to women.
      (4)
These are the specified provisions—
(a)
Part 5 (work);
(b)
Part 6 (education), so far as relating to vocational training.
      (5)
A pre-1975 Act enactment is an enactment contained in—
35
(a)
an Act passed before the Sex Discrimination Act 1975 (c. 65);
(b)
an instrument approved or made by or under such an Act (including
one approved or made after the passing of the 1975 Act).
      (6)
If an Act repeals and re-enacts (with or without modification) a pre-1975
enactment then the provision re-enacted must be treated as being in a pre-
40
1975 enactment.
      (7)
For the purposes of sub-paragraph (1)(c), a reference to a provision in
Schedule 1 to the Employment Act 1989 includes a reference to a provision
for the time being having effect in place of it.
      (8)
This paragraph applies only to the following protected characteristics—
45

Equality Bill
Schedule 22 — Statutory provisions
219

(a)
pregnancy and maternity;
(b)
sex.
Educational appointments, etc: religious belief
3     (1)
A person does not contravene Part 5 (work) only by doing a relevant act in
connection with the employment of another in a relevant position.
5
      (2)
A relevant position is—
(a)
the head teacher or principal of an educational establishment;
(b)
the head, a fellow or other member of the academic staff of a college,
or institution in the nature of a college, in a university;
(c)
a professorship of a university which is a canon professorship or one
10
to which a canonry is annexed.
      (3)
A relevant act is anything it is necessary to do to comply with—
(a)
a requirement of an instrument relating to the establishment that the
head teacher or principal must be a member of a particular religious
order;
15
(b)
a requirement of an instrument relating to the college or institution
that the holder of the position must be a woman;
(c)
an Act or instrument in accordance with which the professorship is
a canon professorship or one to which a canonry is annexed.
      (4)
Sub-paragraph (3)(b) does not apply to an instrument taking effect on or
20
after 16 January 1990 (the day on which section 5(3) of the Employment Act
1989 came into force).
      (5)
A Minister of the Crown may by order provide that anything in sub-
paragraphs (1) to (3) does not have effect in relation to—
(a)
a specified educational establishment or university;
25
(b)
a specified description of educational establishments.
      (6)
An educational establishment is—
(a)
a school within the meaning of the Education Act 1996 (c. 56) or the
Education (Scotland) Act 1980 (c. 44);
(b)
a college, or institution in the nature of a college, in a university;
30
(c)
an institution designated by order made, or having effect as if made,
under section 129 of the Education Reform Act 1988 (c. 40);
(d)
a college of further education within the meaning of section 36 of the
Further and Higher Education (Scotland) Act 1992;
(e)
a university in Scotland;
35
(f)
an institution designated by order under section 28 of the Further
and Higher Education Act 1992 or section 44 of the Further and
Higher Education (Scotland) Act 1992.
      (7)
This paragraph does not affect paragraph 2 of Schedule 9.
4
A person does not contravene this Act only by doing anything which is
40
permitted for the purposes of—
(a)
section 58(6) or (7) of the School Standards and Framework Act 1998
(c. 31) (dismissal of teachers because of failure to give religious
education efficiently);
(b)
section 60(4) and (5) of that Act (religious considerations relating to
45
certain appointments);

Equality Bill
Schedule 23 — General exceptions
220

(c)
section 124A of that Act (preference for certain teachers at
independent schools of a religious character).
Crown employment, etc.
5     (1)
A person does not contravene this Act—
(a)
by making or continuing in force rules mentioned in sub-paragraph
5
(2);
(b)
by publishing, displaying or implementing such rules;
(c)
by publishing the gist of such rules.
      (2)
The rules are rules restricting to persons of particular birth, nationality,
descent or residence—
10
(a)
employment in the service of the Crown;
(b)
employment by a prescribed public body;
(c)
holding a public office (within the meaning of section 50).
      (3)
The power to make regulations for the purpose of sub-paragraph (2)(b) is
exercisable by the Minister for the Civil Service.
15
      (4)
In this paragraph “public body” means a body (whether corporate or
unincorporated) exercising public functions (within the meaning given by
section 31(4)).
Schedule 23
Section 195

General exceptions
20
Acts authorised by statute or the executive
1     (1)
This paragraph applies to anything done—
(a)
in pursuance of an enactment;
(b)
in pursuance of an instrument made by a member of the executive
under an enactment;
25
(c)
to comply with a requirement imposed (whether before or after the
passing of this Act) by a member of the executive by virtue of an
enactment;
(d)
in pursuance of arrangements made (whether before or after the
passing of this Act) by or with the approval of, or for the time being
30
approved by, a Minister of the Crown;
(e)
to comply with a condition imposed (whether before or after the
passing of this Act) by a Minister of the Crown.
      (2)
A person does not contravene Part 3, 4, 5 or 6 by doing anything to which
this paragraph applies which discriminates against another because of the
35
other’s nationality.
      (3)
A person (A) does not contravene Part 3, 4, 5 or 6 if, by doing anything to
which this paragraph applies, A discriminates against another (B) by
applying to B a provision, criterion or practice which relates to—
(a)
B’s place of ordinary residence;
40
(b)
the length of time B has been present or resident in or outside the
United Kingdom or an area within it.

Equality Bill
Schedule 23 — General exceptions
221

Organisations relating to religion or belief
2     (1)
This paragraph applies to an organisation the purpose of which is—
(a)
to practise a religion or belief,
(b)
to advance a religion or belief,
(c)
to teach the practice or principles of a religion or belief,
5
(d)
to enable persons of a religion or belief to receive any benefit, or to
engage in any activity, within the framework of that religion or
belief, or
(e)
to foster or maintain good relations between persons of different
religions or beliefs.
10
      (2)
This paragraph does not apply to an organisation whose sole or main
purpose is commercial.
      (3)
The organisation does not contravene Part 3, 4 or 7, so far as relating to
religion or belief or sexual orientation, only by restricting—
(a)
membership of the organisation;
15
(b)
participation in activities undertaken by the organisation or on its
behalf or under its auspices;
(c)
the provision of goods, facilities or services in the course of activities
undertaken by the organisation or on its behalf or under its auspices;
(d)
the use or disposal of premises owned or controlled by the
20
organisation.
      (4)
A person does not contravene Part 3, 4 or 7, so far as relating to religion or
belief or sexual orientation, only by doing anything mentioned in sub-
paragraph (3) on behalf of or under the auspices of the organisation.
      (5)
A minister does not contravene Part 3, 4 or 7, so far as relating to religion or
25
belief or sexual orientation, only by restricting—
(a)
participation in activities carried on in the performance of the
minister’s functions in connection with or in respect of the
organisation;
(b)
the provision of goods, facilities or services in the course of activities
30
carried on in the performance of the minister’s functions in
connection with or in respect of the organisation.
      (6)
Sub-paragraphs (3) to (5) permit a restriction relating to religion or belief
only if it is imposed—
(a)
because of the purpose of the organisation, or
35
(b)
to avoid causing offence, on grounds of the religion or belief to which
the organisation relates, to persons of that religion or belief.
      (7)
Sub-paragraphs (3) to (5) permit a restriction relating to sexual orientation
only if it is imposed—
(a)
because it is necessary to comply with the doctrine of the
40
organisation, or
(b)
to avoid conflict with strongly held convictions within sub-
paragraph (9).
      (8)
In sub-paragraph (5), the reference to a minister is a reference to a minister
of religion, or other person, who—
45
(a)
performs functions in connection with a religion or belief to which
the organisation relates, and