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Equality Bill


Equality Bill
Part 4 — Premises

19

 

(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.

35      

Management

10

(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);

15

(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);

25

(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

36      

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;

35

(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—

 
 

Equality Bill
Part 4 — Premises

20

 

(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—

5

(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.

10

(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;

15

(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

20

subject to a right to occupy.

(8)   

This section does not apply to premises of such description as may be

prescribed.

37      

Adjustments to common parts in Scotland

(1)   

The Scottish Ministers may by regulations provide that a disabled person is

25

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,

30

(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.

35

(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;

45

 
 

Equality Bill
Part 4 — Premises

21

 

(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

15

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

20

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.

35

(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.

40

(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.

 
 

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

22

 

(6)   

A reference to a tenancy is to a tenancy created (whether before or after the

passing of this Act)—

(a)   

by a lease or sub-lease,

(b)   

by an agreement for a lease or sub-lease,

(c)   

by a tenancy agreement, or

5

(d)   

in pursuance of an enactment,

   

and a reference to a tenant is to be construed accordingly.

(7)   

A reference to commonhold land, a commonhold association, a commonhold

community statement, a commonhold unit or a unit-holder is to be construed

in accordance with the Commonhold and Leasehold Reform Act 2002.

10

(8)   

Schedule 4 (reasonable adjustments) has effect.

(9)   

Schedule 5 (exceptions) has effect.

Part 5

Work

Chapter 1

15

Employment, etc.

Employees

39      

Employees and applicants

(1)   

An employer (A) must not discriminate against a person (B)—

(a)   

in the arrangements A makes for deciding to whom to offer

20

employment;

(b)   

as to the terms on which A offers B employment;

(c)   

by not offering B employment.

(2)   

An employer (A) must not discriminate against an employee of A’s (B)—

(a)   

as to B’s terms of employment;

25

(b)   

in the way A affords B access, or by not affording B access, to

opportunities for promotion, transfer or training or for receiving any

other benefit, facility or service;

(c)   

by dismissing B;

(d)   

by subjecting B to any other detriment.

30

(3)   

An employer (A) must not victimise a person (B)—

(a)   

in the arrangements A makes for deciding to whom to offer

employment;

(b)   

as to the terms on which A offers B employment;

(c)   

by not offering B employment.

35

(4)   

An employer (A) must not victimise an employee of A’s (B)—

(a)   

as to B’s terms of employment;

(b)   

in the way A affords B access, or by not affording B access, to

opportunities for promotion, transfer or training or for any other

benefit, facility or service;

40

 
 

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

23

 

(c)   

by dismissing B;

(d)   

by subjecting B to any other detriment.

(5)   

A duty to make reasonable adjustments applies to an employer.

(6)   

Subsection (1)(b), so far as relating to sex or pregnancy and maternity, does not

apply to a term that relates to pay—

5

(a)   

unless, were B to accept the offer, an equality clause or rule would have

effect in relation to the term, or

(b)   

if paragraph (a) does not apply, except in so far as making an offer on

terms including that term amounts to a contravention of subsection

(1)(b) by virtue of section 13, 14 or 18.

10

(7)   

In subsections (2)(c) and (4)(c), the reference to dismissing B includes a

reference to the termination of B’s employment—

(a)   

by the expiry of a period (including a period expiring by reference to an

event or circumstance);

(b)   

by an act of B’s (including giving notice) in circumstances such that B is

15

entitled, because of A’s conduct, to terminate the employment without

notice.

(8)   

Subsection (7)(a) does not apply if, immediately after the termination, the

employment is renewed on the same terms.

40      

Employees and applicants: harassment

20

(1)   

An employer (A) must not, in relation to employment by A, harass a person

(B)—

(a)   

who is an employee of A’s;

(b)   

who has applied to A for employment.

(2)   

The circumstances in which A is to be treated as harassing B under subsection

25

(1) include those where—

(a)   

a third party harasses B in the course of B’s employment, and

(b)   

A failed to take such steps as would have been reasonably practicable

to prevent the third party from doing so.

(3)   

Subsection (2) does not apply unless A knows that B has been harassed in the

30

course of B’s employment on at least two other occasions by a third party; and

it does not matter whether the third party is the same or a different person on

each occasion.

(4)   

A third party is a person other than—

(a)   

A, or

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(b)   

an employee of A’s.

41      

Contract workers

(1)   

A principal must not discriminate against a contract worker—

(a)   

as to the terms on which the principal allows the worker to do the work;

(b)   

by not allowing the worker to do, or to continue to do, the work;

40

(c)   

in the way the principal affords the worker access, or by not affording

the worker access, to opportunities for receiving a benefit, facility or

service;

(d)   

by subjecting the worker to any other detriment.

 
 

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

24

 

(2)   

A principal must not, in relation to contract work, harass a contract worker.

(3)   

A principal must not victimise a contract worker—

(a)   

as to the terms on which the principal allows the worker to do the work;

(b)   

by not allowing the worker to do, or to continue to do, the work;

(c)   

in the way the principal affords the worker access, or by not affording

5

the worker access, to opportunities for receiving a benefit, facility or

service;

(d)   

by subjecting the worker to any other detriment.

(4)   

A duty to make reasonable adjustments applies to a principal (as well as to the

employer of a contract worker).

10

(5)   

A “principal” is a person who makes work available for an individual who is—

(a)   

employed by another person, and

(b)   

supplied by that other person in furtherance of a contract to which the

principal is a party (whether or not that other person is a party to it).

(6)   

“Contract work” is work such as is mentioned in subsection (5).

15

(7)   

A “contract worker” is an individual supplied to a principal in furtherance of a

contract such as is mentioned in subsection (5)(b).

Police officers

42      

Identity of employer

(1)   

For the purposes of this Part, holding the office of constable is to be treated as

20

employment—

(a)   

by the chief officer, in respect of any act done by the chief officer in

relation to a constable or appointment to the office of constable;

(b)   

by the responsible authority, in respect of any act done by the authority

in relation to a constable or appointment to the office of constable.

25

(2)   

For the purposes of this Part, holding an appointment as a police cadet is to be

treated as employment—

(a)   

by the chief officer, in respect of any act done by the chief officer in

relation to a police cadet or appointment as one;

(b)   

by the responsible authority, in respect of any act done by the authority

30

in relation to a police cadet or appointment as one.

(3)   

Subsection (1) does not apply to service with the Civil Nuclear Constabulary

(as to which, see section 55(2) of the Energy Act 2004).

(4)   

Subsection (1) does not apply to a constable at SOCA, SPSA or SCDEA.

(5)   

A constable at SOCA or SPSA is to be treated as employed by it, in respect of

35

any act done by it in relation to the constable.

(6)   

A constable at SCDEA is to be treated as employed by the Director General of

SCDEA, in respect of any act done by the Director General in relation to the

constable.

43      

Interpretation

40

(1)   

This section applies for the purposes of section 42.

 
 

Equality Bill
Part 5 — Work
Chapter 1 — Employment, etc.

25

 

(2)   

“Chief officer” means—

(a)   

in relation to an appointment under a relevant Act, the chief officer of

police for the police force to which the appointment relates;

(b)   

in relation to any other appointment, the person under whose direction

and control the body of constables or other persons to which the

5

appointment relates is;

(c)   

in relation to a constable or other person under the direction and

control of a chief officer of police, that chief officer of police;

(d)   

in relation to any other constable or any other person, the person under

whose direction and control the constable or other person is.

10

(3)   

“Responsible authority” means—

(a)   

in relation to an appointment under a relevant Act, the police authority

that maintains the police force to which the appointment relates;

(b)   

in relation to any other appointment, the person by whom a person

would (if appointed) be paid;

15

(c)   

in relation to a constable or other person under the direction and

control of a chief officer of police, the police authority that maintains

the police force for which that chief officer is the chief officer of police;

(d)   

in relation to any other constable or any other person, the person by

whom the constable or other person is paid.

20

(4)   

“Police cadet” means a person appointed to undergo training with a view to

becoming a constable.

(5)   

“SOCA” means the Serious Organised Crime Agency; and a reference to a

constable at SOCA is a reference to a constable seconded to it to serve as a

member of its staff.

25

(6)   

“SPSA” means the Scottish Police Services Authority; and a reference to a

constable at SPSA is a reference to a constable—

(a)   

seconded to it to serve as a member of its staff, and

(b)   

not at SCDEA.

(7)   

“SCDEA” means the Scottish Crime and Drugs Enforcement Agency; and a

30

reference to a constable at SCDEA is a reference to a constable who is a police

member of it by virtue of paragraph 7(2)(a) or (b) of Schedule 2 to the Police,

Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (secondment).

(8)   

For the purposes of this section, the relevant Acts are—

(a)   

the Metropolitan Police Act 1829;

35

(b)   

the City of London Police Act 1839 (2 & 3 Vict. c.xciv);

(c)   

the Police (Scotland) Act 1967;

(d)   

the Police Act 1996.

(9)   

A reference in subsection (2) or (3) to a chief officer of police includes, in

relation to Scotland, a reference to a chief constable.

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Partners

44      

Partnerships

(1)   

A firm or proposed firm must not discriminate against a person—

 
 

 
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