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Equality Bill


Equality Bill
Schedule 21 — Reasonable adjustments: supplementary

216

 

Schedule 21

Section 189

 

Reasonable adjustments: supplementary

Preliminary

1          

This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15.

Binding obligations, etc.

5

2     (1)  

This paragraph applies if—

(a)   

a binding obligation requires A to obtain the consent of another

person to an alteration of premises which A occupies,

(b)   

where A is a controller of let premises, a binding obligation requires

A to obtain the consent of another person to a variation of a term of

10

the tenancy, or

(c)   

where A is a responsible person in relation to common parts, a

binding obligation requires A to obtain the consent of another person

to an alteration of the common parts.

      (2)  

For the purpose of discharging a duty to make reasonable adjustments—

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(a)   

it is always reasonable for A to have to take steps to obtain the

consent, but

(b)   

it is never reasonable for A to have to make the alteration before the

consent is obtained.

      (3)  

In this Schedule, a binding obligation is a legally binding obligation in

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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

court or tribunal.

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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

with a duty to make reasonable adjustments, and

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(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,

(b)   

A is proposing to make an alteration to the common parts so as to

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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.

      (3)  

The tenancy has effect as if it provided—

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(a)   

for A to be entitled to make the alteration with the written consent of

the landlord,

 
 

Equality Bill
Schedule 21 — Reasonable adjustments: supplementary

217

 

(b)   

for A to have to make a written application for that consent,

(c)   

for the landlord not to withhold the consent unreasonably, and

(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,

5

accordingly, complied with a duty to make reasonable adjustments), any

constraint attributable to the tenancy must be ignored unless A has applied

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—

10

(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

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—

15

(a)   

A has applied in writing to the landlord for consent to the alteration,

and

(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

20

refer the matter to a county court or, in Scotland, the sheriff.

      (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—

25

(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

specified).

Joining landlord as party to proceedings

30

5     (1)  

This paragraph applies to proceedings relating to a contravention of this Act

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.

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      (3)  

The judicial authority—

(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

40

been determined.

      (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;

 
 

Equality Bill
Schedule 22 — Statutory provisions

218

 

(b)   

the landlord has consented subject to a condition;

(c)   

the refusal or condition was unreasonable.

      (5)  

If the judicial authority finds that the refusal or condition was unreasonable,

it—

(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);

(c)   

may order the landlord to pay compensation to the complainant or

claimant.

10

      (6)  

An employment tribunal may act in reliance on sub-paragraph (5)(c) instead

of, or in addition to, acting in reliance on section 124(2); but if it orders the

landlord to pay compensation it must not do so in reliance on section 124(2).

      (7)  

If a county court or the sheriff orders the landlord to pay compensation, it

may not order A to do so.

15

Regulations

6     (1)  

Regulations may make provision as to circumstances in which a landlord is

taken for the purposes of this Schedule to have—

(a)   

withheld consent;

(b)   

withheld consent reasonably;

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(c)   

withheld consent unreasonably.

      (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.

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      (3)  

Regulations may make provision supplementing or modifying the

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.

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Interpretation

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 191

 

Statutory provisions

35

Statutory authority

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.

40

 
 

Equality Bill
Schedule 22 — Statutory provisions

219

 
 

Specified provision

Protected

Requirement

 
  

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

 

5

   

condition imposed by virtue of

 
   

an enactment

 
 

Parts 3 to 7

Religion or belief

A requirement of an enactment

 
   

A relevant requirement or

 
   

condition imposed by virtue of

 

10

   

an enactment

 
 

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

 

15

   

condition imposed by virtue of

 
   

an enactment

 

      (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—

20

(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

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—

25

(a)   

a Minister of the Crown;

(b)   

a member of the Scottish Executive;

(c)   

the National Assembly for Wales (constituted by the Government of

Wales Act 1998);

(d)   

the Welsh Ministers, the First Minister for Wales or the Counsel

30

General to the Welsh Assembly Government.

Protection of women

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;

35

(b)   

a relevant statutory provision (within the meaning of Part 1 of the

Health and Safety at Work etc. Act 1974) if it is done for the purpose

of the protection of W (or a description of women which includes W);

 
 

Equality Bill
Schedule 22 — Statutory provisions

220

 

(c)   

a requirement of a provision specified in Schedule 1 to the

Employment Act 1989 (provisions concerned with protection of

women at work).

      (2)  

The references to the protection of women are references to protecting

women in relation to—

5

(a)   

pregnancy or maternity, or

(b)   

any other circumstances giving rise to risks specifically affecting

women.

      (3)  

It does not matter whether the protection is restricted to women.

      (4)  

These are the specified provisions—

10

(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—

(a)   

an Act passed before the Sex Discrimination Act 1975;

(b)   

an instrument approved or made by or under such an Act (including

15

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-

1975 enactment.

      (7)  

For the purposes of sub-paragraph (1)(c), a reference to a provision in

20

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—

(a)   

pregnancy and maternity;

(b)   

sex.

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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.

      (2)  

A relevant position is—

(a)   

the head teacher or principal of an educational establishment;

30

(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

to which a canonry is annexed.

      (3)  

A relevant act is anything it is necessary to do to comply with—

35

(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;

(b)   

a requirement of an instrument relating to the college or institution

that the holder of the position must be a woman;

40

(c)   

an Act or instrument in accordance with which the professorship is

a canon professorship or one to which a canonry is annexed.

 
 

Equality Bill
Schedule 22 — Statutory provisions

221

 

      (4)  

Sub-paragraph (3)(b) does not apply to an instrument taking effect on or

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—

5

(a)   

a specified educational establishment or university;

(b)   

a specified description of educational establishments.

      (6)  

An educational establishment is—

(a)   

a school within the meaning of the Education Act 1996 or the

Education (Scotland) Act 1980;

10

(b)   

a college, or institution in the nature of a college, in a university;

(c)   

an institution designated by order made, or having effect as if made,

under section 129 of the Education Reform Act 1988;

(d)   

a college of further education within the meaning of section 36 of the

Further and Higher Education (Scotland) Act 1992;

15

(e)   

a university in Scotland;

(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.

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4          

A person does not contravene this Act only by doing anything which is

permitted for the purposes of—

(a)   

section 58(6) or (7) of the School Standards and Framework Act 1998

(dismissal of teachers because of failure to give religious education

efficiently);

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(b)   

section 60(4) and (5) of that Act (religious considerations relating to

certain appointments);

(c)   

section 124A of that Act (preference for certain teachers at

independent schools of a religious character).

Crown employment, etc.

30

5     (1)  

A person does not contravene this Act—

(a)   

by making or continuing in force rules mentioned in sub-paragraph

(2);

(b)   

by publishing, displaying or implementing such rules;

(c)   

by publishing the gist of such rules.

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      (2)  

The rules are rules restricting to persons of particular birth, nationality,

descent or residence—

(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).

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      (3)  

The power to make regulations for the purpose of sub-paragraph (2)(b) is

exercisable by the Minister for the Civil Service.

      (4)  

In this paragraph “public body” means a body (whether corporate or

unincorporated) exercising public functions (within the meaning given by

section 31(4)).

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