House of Lords portcullis
House of Lords
Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill


Equality Bill
Part 13 — Disability: miscellaneous

119

 

(2)   

This section and that Schedule are repealed at the end of 2010 if the Schedule

is not brought into force (either fully or to any extent) before the end of that

year.

187     

Interpretation

(1)   

In this Chapter—

5

“rail vehicle” and “regulated rail vehicle” have the meaning given in

section 182(4);

“rail vehicle accessibility regulations” has the meaning given in section

182(1).

(2)   

For the purposes of this Chapter a vehicle is used “for carriage” if it is used for

10

the carriage of passengers.

Chapter 4

Supplementary

188     

Forgery, etc.

(1)   

In this section “relevant document” means—

15

(a)   

an exemption certificate issued under section 166, 169 or 171;

(b)   

a notice of a kind mentioned in section 166(3)(b), 169(4)(b) or 171(4)(b);

(c)   

an accessibility certificate (see section 176);

(d)   

an approval certificate (see section 177).

(2)   

A person commits an offence if, with intent to deceive, the person—

20

(a)   

forges, alters or uses a relevant document;

(b)   

lends a relevant document to another person;

(c)   

allows a relevant document to be used by another person;

(d)   

makes or has possession of a document which closely resembles a

relevant document.

25

(3)   

A person guilty of an offence under subsection (2) is liable—

(a)   

on summary conviction, to a fine not exceeding the statutory

maximum;

(b)   

on conviction on indictment, to imprisonment for a term not exceeding

2 years or to a fine or to both.

30

(4)   

A person commits an offence by knowingly making a false statement for the

purpose of obtaining an accessibility certificate or an approval certificate.

(5)   

A person guilty of an offence under subsection (4) is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

Part 13

35

Disability: miscellaneous

189     

Reasonable adjustments

Schedule 21 (reasonable adjustments: supplementary) has effect.

 
 

Equality Bill
Part 13 — Disability: miscellaneous

120

 

190     

Improvements to let dwelling houses

(1)   

This section applies in relation to a lease of a dwelling house if each of the

following applies—

(a)   

the tenancy is not a protected tenancy, a statutory tenancy or a secure

tenancy;

5

(b)   

the tenant or another person occupying or intending to occupy the

premises is a disabled person (D);

(c)   

D occupies or intends to occupy the premises as D’s only or main home;

(d)   

the tenant is entitled, with the consent of the landlord, to make

improvements to the premises;

10

(e)   

the tenant applies to the landlord for consent to make a relevant

improvement.

(2)   

Where the tenant applies in writing for the consent—

(a)   

if the landlord refuses to give consent, the landlord must give the

tenant a written statement of the reason why the consent was withheld;

15

(b)   

if the landlord neither gives nor refuses to give consent within a

reasonable time, consent must be taken to have been unreasonably

withheld.

(3)   

If the landlord gives consent subject to a condition which is unreasonable, the

consent must be taken to have been unreasonably withheld.

20

(4)   

If the landlord’s consent is unreasonably withheld, it must be taken to have

been given.

(5)   

On any question as to whether—

(a)   

consent was unreasonably withheld, or

(b)   

a condition imposed was unreasonable,

25

   

it is for the landlord to show that it was not.

(6)   

If the tenant fails to comply with a reasonable condition imposed by the

landlord on the making of a relevant improvement, the failure is to be treated

as a breach by the tenant of an obligation of the tenancy.

(7)   

An improvement to premises is a relevant improvement if, having regard to

30

D’s disability, it is likely to facilitate D’s enjoyment of the premises.

(8)   

Subsections (2) to (7) apply only in so far as provision of a like nature is not

made by the lease.

(9)   

In this section—

“improvement” means an alteration in or addition to the premises and

35

includes—

(a)   

an addition to or alteration in the landlord’s fittings and

fixtures;

(b)   

an addition or alteration connected with the provision of

services to the premises;

40

(c)   

the erection of a wireless or television aerial;

(d)   

carrying out external decoration;

“lease” includes a sub-lease or other tenancy, and “landlord” and “tenant”

are to be construed accordingly;

“protected tenancy” has the same meaning as in section 1 of the Rent Act

45

1977;

 
 

Equality Bill
Part 14 — General exceptions

121

 

“statutory tenancy” is to be construed in accordance with section 2 of that

Act;

“secure tenancy” has the same meaning as in section 79 of the Housing Act

1985.

Part 14

5

General exceptions

191     

Statutory provisions

Schedule 22 (statutory provisions) has effect.

192     

National security

A person does not contravene this Act only by doing, for the purpose of

10

safeguarding national security, anything it is proportionate to do for that

purpose.

193     

Charities

(1)   

A person does not contravene this Act only by restricting the provision of

benefits to persons who share a protected characteristic if—

15

(a)   

the person acts in pursuance of a charitable instrument, and

(b)   

the provision of the benefits is within subsection (2).

(2)   

The provision of benefits is within this subsection if it is—

(a)   

a proportionate means of achieving a legitimate aim, or

(b)   

for the purpose of preventing or compensating for a disadvantage

20

linked to the protected characteristic.

(3)   

It is not a contravention of this Act for—

(a)   

a person who provides supported employment to treat persons who

have the same disability or a disability of a prescribed description more

favourably than those who do not have that disability or a disability of

25

such a description in providing such employment;

(b)   

a Minister of the Crown to agree to arrangements for the provision of

supported employment which will, or may, have that effect.

(4)   

If a charitable instrument enables the provision of benefits to persons of a class

defined by reference to colour, it has effect for all purposes as if it enabled the

30

provision of such benefits—

(a)   

to persons of the class which results if the reference to colour is ignored,

or

(b)   

if the original class is defined by reference only to colour, to persons

generally.

35

(5)   

It is not a contravention of this Act for a charity to require members, or persons

wishing to become members, to make a statement which asserts or implies

membership or acceptance of a religion or belief; and for this purpose

restricting the access by members to a benefit, facility or service to those who

make such a statement is to be treated as imposing such a requirement.

40

(6)   

Subsection (5) applies only if—

 
 

Equality Bill
Part 14 — General exceptions

122

 

(a)   

the charity, or an organisation of which it is part, first imposed such a

requirement before 18 May 2005, and

(b)   

the charity or organisation has not ceased since that date to impose such

a requirement.

(7)   

It is not a contravention of section 29 for a person, in relation to an activity

5

which is carried on for the purpose of promoting or supporting a charity, to

restrict participation in the activity to persons of one sex.

(8)   

A charity regulator does not contravene this Act only by exercising a function

in relation to a charity in a manner which the regulator thinks is expedient in

the interests of the charity, having regard to the charitable instrument.

10

(9)   

Subsection (1) does not apply to a contravention of—

(a)   

section 39;

(b)   

section 40;

(c)   

section 41;

(d)   

section 55, so far as relating to the provision of vocational training.

15

(10)   

Subsection (9) does not apply in relation to disability.

194     

Charities: supplementary

(1)   

This section applies for the purposes of section 193.

(2)   

That section does not apply to race, so far as relating to colour.

(3)   

“Charity”—

20

(a)   

in relation to England and Wales, has the meaning given by the

Charities Act 2006;

(b)   

in relation to Scotland, means a body entered in the Scottish Charity

Register.

(4)   

“Charitable instrument” means an instrument establishing or governing a

25

charity (including an instrument made or having effect before the

commencement of this section).

(5)   

The charity regulators are—

(a)   

the Charity Commission for England and Wales;

(b)   

the Scottish Charity Regulator.

30

(6)   

Section 107(5) applies to references in subsection (5) of section 193 to members,

or persons wishing to become members, of a charity.

(7)   

“Supported employment” means facilities provided, or in respect of which

payments are made, under section 15 of the Disabled Persons (Employment)

Act 1944.

35

195     

Sport

(1)   

A person does not contravene this Act, so far as relating to sex, only by doing

anything in relation to the participation of another as a competitor in a gender-

affected activity.

(2)   

A person does not contravene section 29, 33, 34 or 35, so far as relating to

40

gender reassignment, only by doing anything in relation to the participation of

 
 

Equality Bill
Part 14 — General exceptions

123

 

a transsexual person as a competitor in a gender-affected activity if it is

necessary to do so to secure in relation to the activity—

(a)   

fair competition, or

(b)   

the safety of competitors.

(3)   

A gender-affected activity is a sport, game or other activity of a competitive

5

nature in circumstances in which the physical strength, stamina or physique of

average persons of one sex would put them at a disadvantage compared to

average persons of the other sex as competitors in events involving the activity.

(4)   

In considering whether a sport, game or other activity is gender-affected in

relation to children, it is appropriate to take account of the age and stage of

10

development of children who are likely to be competitors.

(5)   

A person who does anything to which subsection (6) applies does not

contravene this Act only because of the nationality or place of birth of another

or because of the length of time the other has been resident in a particular area

or place.

15

(6)   

This subsection applies to—

(a)   

selecting one or more persons to represent a country, place or area or a

related association, in a sport or game or other activity of a competitive

nature;

(b)   

doing anything in pursuance of the rules of a competition so far as

20

relating to eligibility to compete in a sport or game or other such

activity.

196     

General

Schedule 23 (general exceptions) has effect.

197     

Age

25

(1)   

A Minister of the Crown may by order amend this Act to provide that any of

the following does not contravene this Act so far as relating to age—

(a)   

specified conduct;

(b)   

anything done for a specified purpose;

(c)   

anything done in pursuance of arrangements of a specified description.

30

(2)   

Specified conduct is conduct—

(a)   

of a specified description,

(b)   

carried out in specified circumstances, or

(c)   

by or in relation to a person of a specified description.

(3)   

An order under this section may—

35

(a)   

confer on a Minister of the Crown or the Treasury a power to issue

guidance about the operation of the order (including, in particular,

guidance about the steps that may be taken by persons wishing to rely

on an exception provided for by the order);

(b)   

require the Minister or the Treasury to carry out consultation before

40

issuing guidance under a power conferred by virtue of paragraph (a);

(c)   

make provision (including provision to impose a requirement) that

refers to guidance issued under a power conferred by virtue of

paragraph (a).

 
 

Equality Bill
Part 15 — Family property

124

 

(4)   

Guidance given by a Minister of the Crown or the Treasury in anticipation of

the making of an order under this section is, on the making of the order, to be

treated as if it has been issued in accordance with the order.

(5)   

For the purposes of satisfying a requirement imposed by virtue of subsection

(3)(b), the Minister or the Treasury may rely on consultation carried out before

5

the making of the order that imposes the requirement (including consultation

carried out before the commencement of this section).

(6)   

Provision by virtue of subsection (3)(c) may, in particular, refer to provisions

of the guidance that themselves refer to a document specified in the guidance.

(7)   

Guidance issued (or treated as issued) under a power conferred by virtue of

10

subsection (3)(a) comes into force on such day as the person who issues the

guidance may by order appoint; and an order under this subsection may

include the text of the guidance or of extracts from it.

(8)   

This section is not affected by any provision of this Act which makes special

provision in relation to age.

15

(9)   

The references to this Act in subsection (1) do not include references to—

(a)   

Part 5 (work);

(b)   

Chapter 2 of Part 6 (further and higher education).

Part 15

Family property

20

198     

Abolition of husband’s duty to maintain wife

The rule of common law that a husband must maintain his wife is abolished.

199     

Abolition of presumption of advancement

(1)   

The presumption of advancement (by which, for example, a husband is

presumed to be making a gift to his wife if he transfers property to her, or

25

purchases property in her name) is abolished.

(2)   

The abolition by subsection (1) of the presumption of advancement does not

have effect in relation to—

(a)   

anything done before the commencement of this section, or

(b)   

anything done pursuant to any obligation incurred before the

30

commencement of this section.

200     

Amendment of Married Women’s Property Act 1964

(1)   

In section 1 of the Married Women’s Property Act 1964 (money and property

derived from housekeeping allowance made by husband to be treated as

belonging to husband and wife in equal shares)—

35

(a)   

for “the husband for” substitute “either of them for”, and

(b)   

for “the husband and the wife” substitute “them”.

(2)   

Accordingly, that Act may be cited as the Matrimonial Property Act 1964.

(3)   

The amendments made by this section do not have effect in relation to any

allowance made before the commencement of this section.

40

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2010
Revised 3 March 2010