|
| |
|
(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 |
| |
| |
(4) | In the application of section 26 for the purposes of subsection (2), neither of the |
| |
following is a relevant protected characteristic— |
| 5 |
| |
| |
(5) | This section does not apply to anything done in the exercise of a judicial |
| |
| |
| 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 |
| |
| |
(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, |
| |
| |
(a) | a person who occupies them; |
| |
(b) | a person who applies for them. |
| 20 |
(3) | A person (A) who manages premises must not victimise a person (B) who |
| |
| |
(a) | in the way in which A allows B, or by not allowing B, to make use of a |
| |
| |
(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— |
| |
| |
| 30 |
| |
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. |
| 40 |
(3) | A controller of premises to let is— |
| |
|
| |
|
| |
|
(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 |
| |
| 10 |
| |
(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 |
| |
| |
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 |
| |
| |
(2) | The reference in subsection (1) to a disabled person is a reference to a disabled |
| |
| |
(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 |
| |
| |
(b) | prescribe circumstances in which the consent of an owner of the |
| |
common parts is required before a disabled person may make an |
| 40 |
| |
(c) | provide that the consent to adjustments is not to be withheld |
| |
| |
(d) | prescribe matters to be taken into account, or to be disregarded, in |
| |
deciding whether it is reasonable to consent to adjustments; |
| 45 |
|
| |
|
| |
|
(e) | prescribe circumstances in which consent to adjustments is to be taken |
| |
| |
(f) | make provision about the imposition of conditions on consent to |
| |
| |
(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; |
| 10 |
(j) | make provision about the giving of notice to the owners of the common |
| |
| |
(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. |
| |
| |
“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 |
| 25 |
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 |
| 30 |
comparison with persons who are not disabled. |
| |
| |
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, |
| |
| |
(c) | parting with possession of them. |
| 40 |
(4) | A reference to disposing of premises also includes a reference to granting a |
| |
| |
(5) | A reference to disposing of an interest in a commonhold unit includes a |
| |
reference to creating an interest in a commonhold unit. |
| |
|
| |
|
| |
|
(6) | A reference to a tenancy is to a tenancy created (whether before or after the |
| |
| |
(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. |
| |
| |
| |
| 15 |
| |
| |
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 |
| |
(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; |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(4) | A third party is a person other than— |
| |
| 35 |
| |
| |
(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 |
| |
| |
(d) | by subjecting the worker to any other detriment. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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). |
| |
| |
| |
(1) | For the purposes of this Part, holding the office of constable is to be treated as |
| 20 |
| |
(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 |
| |
| |
(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 |
| |
| |
| 40 |
(1) | This section applies for the purposes of section 42. |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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; |
| |
| |
(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. |
| 40 |
| |
| |
(1) | A firm or proposed firm must not discriminate against a person— |
| |
|
| |
|