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Equality Bill


Equality Bill
Schedule 4 — Premises: reasonable adjustments

153

 

(g)   

a vehicle built or adapted to carry passengers on a railway or

tramway (within the meaning, in each case, of the Transport and

Works Act 1992),

(h)   

a taxi,

(i)   

a vehicle deployed to transport the driver and passengers of a vehicle

5

that has broken down or is involved in an accident, or

(j)   

a vehicle deployed on a system using a mode of guided transport

(within the meaning of the Transport and Works Act 1992).

      (2)  

Paragraph 4 of Schedule 2 applies for the purposes of this paragraph as it

applies for the purposes of paragraph 3 of that Schedule.

10

Part 10

Supplementary

Power to amend

35    (1)  

A Minister of the Crown may by order amend this Schedule—

(a)   

so as to add, vary or omit an exception to section 29, so far as relating

15

to disability, religion or belief or sexual orientation;

(b)   

so as to add, vary or omit an exception to section 29(6), so far as

relating to gender reassignment, pregnancy and maternity, race or

sex.

      (2)  

But provision by virtue of sub-paragraph (1) may not amend this Schedule—

20

(a)   

so as to omit an exception in paragraph 1, 2 or 3;

(b)   

so as to reduce the extent to which an exception in paragraph 1, 2 or

3 applies.

      (3)  

For the purposes of an order under sub-paragraph (1)(a), so far as relating to

disability, which makes provision in relation to transport by air, it does not

25

matter whether the transport is within or outside the United Kingdom.

      (4)  

Before making an order under this paragraph the Minister must consult the

Commission.

      (5)  

Nothing in this paragraph affects the application of any other provision of

this Act to conduct outside England and Wales or Scotland.

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Schedule 4

Section 38

 

Premises: reasonable adjustments

Preliminary

1          

This Schedule applies where a duty to make reasonable adjustments is

imposed on A by this Part.

35

The duty in relation to let premises

2     (1)  

This paragraph applies where A is a controller of let premises.

      (2)  

A must comply with the first and third requirements.

 
 

Equality Bill
Schedule 4 — Premises: reasonable adjustments

154

 

      (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 term of the

letting.

      (4)  

For those purposes, the reference in section 20(3) or (5) to a disabled person

is a reference to a disabled person who—

5

(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—

(a)   

the enjoyment of the premises;

(b)   

the use of a benefit or facility, entitlement to which arises as a result

10

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

the disadvantage or provide the auxiliary aid.

      (7)  

If a term of the letting that prohibits the tenant from making alterations puts

15

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

disadvantage.

      (8)  

It is never reasonable for A to have to take a step which would involve the

20

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

premises; and none of the following is an alteration of a physical feature—

(a)   

the replacement or provision of a sign or notice;

25

(b)   

the replacement of a tap or door handle;

(c)   

the replacement, provision or adaptation of a door bell or door entry

system;

(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.

30

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.

      (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

35

a letting of the premises.

      (4)  

In relation to each requirement, the relevant matter is becoming a tenant of

the premises.

      (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

40

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.

 
 

Equality Bill
Schedule 4 — Premises: reasonable adjustments

155

 

      (7)  

Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph

as it applies for the purposes of that paragraph.

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

5

capacity as the person who manages a commonhold unit.

      (2)  

A must comply with the first and third requirements.

      (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

10

(b)   

any other term applicable by virtue of the transfer of the unit to the

unit-holder.

      (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

15

(b)   

is otherwise entitled to occupy the unit.

      (5)  

In relation to each requirement, the relevant matters are—

(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).

20

      (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

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

25

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

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

30

paragraph 2 applies in relation to a commonhold unit as it applies in relation

to let premises.

The duty in relation to common parts

5     (1)  

This paragraph applies where A is a responsible person in relation to

common parts.

35

      (2)  

A must comply with the second requirement.

      (3)  

For the purposes of this paragraph, the reference in section 20(4) to a

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—

40

(a)   

is a tenant of the premises,

(b)   

is a unit-holder, or

(c)   

is otherwise entitled to occupy the premises,

 
 

Equality Bill
Schedule 4 — Premises: reasonable adjustments

156

 

           

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

      (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-

5

paragraph (4) for A to take steps to avoid the disadvantage, and

(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

10

step.

      (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

15

disabled person’s disability.

      (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

20

7     (1)  

If A decides that it is reasonable to take a step for the purposes of paragraph

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—

25

(a)   

the costs of any work to be undertaken;

(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

30

agreement should require the disabled person to pay—

(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.

35

      (4)  

If an agreement under this paragraph is made, A’s obligations under the

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

40

agreement to persons of a prescribed description.

      (6)  

The regulations may require the information to be provided in a prescribed

form.

 
 

Equality Bill
Schedule 5 — Premises: exceptions

157

 

      (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

158

 

      (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 main home of a person by

10

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 main 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

159

 

(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);

 
 

 
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