2006063.1-4

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Equality Bill [HL]

Equality Bill [HL]
commons amendments
[The page and line references are to Bill 85, as first printed for the Commons]
Clause 7
1
Page 3, line 36, leave out “body” and insert “person”
2
Page 4, line 6, leave out “body” and insert “person”
3
Page 4, line 8, leave out “body” and insert “person”
4
Page 4, line 9, leave out “body” and insert “person”
5
Page 4, line 10, leave out “body’s” and insert “person’s”
Clause 14
6
Page 8, line 5, after “tenants” insert “in England or Wales”
7
Page 8, line 10, leave out “circumstances in which it is unreasonable to withhold”

and insert “reasonableness in relation to”
8
Page 8, line 19, at end insert—

“(3A)
The Commission may issue a code of practice giving practical guidance to

landlords and tenants of houses (within the meaning of the Housing

(Scotland) Act 2006 (asp 01)) in Scotland about—

(a)
circumstances in which the tenant requires the consent of the

landlord to carry out work in relation to the house for the purpose

of making the house suitable for the accommodation, welfare or

employment of any disabled person who occupies, or intends to

occupy, the house as a sole or main residence,

(b)
circumstances in which it is unreasonable to withhold that consent,

(c)
circumstances in which any condition imposed on the granting of

that consent is unreasonable, and

(d)
the application in relation to such work of—

(i)
sections 28 to 31 and 34(6) of the Housing (Scotland) Act

2001 (asp 10), and

(ii)
sections 52, 53 and 64(6) of the Housing (Scotland) Act 2006

(asp 01).”

HL Bill 63 54/1

(  2  )
9
Page 8, line 46, at end add—

“(9)
In relation to a code of practice under subsection (3A), the Secretary of State

shall consult the Scottish Ministers before—

(a)
approving a draft under subsection (6)(a) above, or

(b)
making an order under subsection (7)(b) above.”
Clause 15
10
Page 9, line 18, at end insert—

“(4A)
Subsection (4)(b) does not apply in relation to a code issued under section

14(3A).”
Clause 21
11
Page 11, line 27, leave out “24(1)(a)” and insert “24(1)”
Clause 27
12
Page 15, line 40, leave out “whether it is unreasonable for a landlord to withhold”

and insert “a landlord’s reasonableness in relation to”
13
Page 15, line 41, after “dwelling” insert “in England or Wales”
14
Page 15, line 43, at end insert—

“(2A)
The Commission may make arrangements for the provision of conciliation

services for disputes about whether—

(a)
it is unreasonable for a landlord of a house (within the meaning of

the Housing (Scotland) Act 2006 (asp 01)) in Scotland to withhold

consent to the carrying out of work in relation to the house for the

purpose of making the house suitable for the accommodation,

welfare or employment of any disabled person who occupies, or

intends to occupy, the house as a sole or main residence, or

(b)
any condition imposed by such a landlord on consenting to the

carrying out of such work is unreasonable.”
15
Page 16, line 1, leave out “and (2)” and insert “to (2A)”
Clause 28
16
Page 16, line 40, after first “proceedings” insert “in England and Wales”
17
Page 16, line 41, leave out “whether it is unreasonable for a landlord to withhold”

and insert “of a landlord’s reasonableness in relation to”
18
Page 16, line 44, at end insert—

“(2A)
The Commission may assist an individual who is or may become a party to

legal proceedings in Scotland if and in so far as the proceedings concern or

may concern the question whether—

(a)
it is unreasonable for a landlord to withhold consent to the carrying

out of work in relation to a house (within the meaning of the

Housing (Scotland) Act 2006 (asp 01)) for the purpose of making the

house suitable for the accommodation, welfare or employment of

any disabled person who occupies, or intends to occupy, the house

as a sole or main residence, or

(  3  )

(b)
any condition imposed by a landlord on consenting to the carrying

out of such work is unreasonable.”
19
Page 18, line 1, after “sex” insert “(including reassignment of gender)”
20
Page 18, line 2, leave out “or to equality of opportunity between men and women”
After Clause 42
21
Insert the following new Clause—

“Transitional: rented housing in Scotland

(1)
In the Disability Discrimination Act 1995 (c. 50), the following shall be

inserted after section 49H (conciliation of disputes about improvements to

let dwelling houses in England and Wales)—

“49I
Conciliation of disputes: rented housing in Scotland

(1)
The Disability Rights Commission may make arrangements with

any other person for the provision of conciliation services by, or by

persons appointed by, that person in relation to a dispute of any

description concerning the question whether—

(a)
it is unreasonable for a landlord to withhold consent to the

carrying out of any relevant work in relation to a house

(within the meaning of the Housing (Scotland) Act 2006 (asp

01)) in Scotland, or

(b)
any condition imposed by a landlord on consenting to the

carrying out of any such work is unreasonable.

(2)
Subsections (2) to (8) of section 28 apply for the purpose of this

section as they apply for the purpose of that section and for that

purpose a reference in that section to—

(a)
a dispute arising under Part 3 is to be construed as a

reference to a dispute mentioned in subsection (1), and

(b)
arrangements under that section is to be construed as a

reference to arrangements under subsection (1).

(3)
In subsection (1), “relevant work”, in relation to a house, means

work for the purpose of making the house suitable for the

accommodation, welfare or employment of any disabled person

who occupies, or intends to occupy, the house as a sole or main

residence.”

(2)
In section 53A (codes of practice) of that Act—

(a)
after subsection (1E) insert—

“(1F)
The Commission may prepare and issue codes of practice

giving practical guidance to landlords and tenants of houses

(within the meaning of the Housing (Scotland) Act 2006 (asp

01)) in Scotland as to—

(a)
circumstances in which the tenant requires the

consent of the landlord to the carrying out of work

in relation to the house for the purpose of making

the house suitable for the accommodation, welfare

or employment of any disabled person who

(  4  )

occupies, or intends to occupy, the house as a sole or

main residence,

(b)
circumstances in which it is unreasonable to

withhold such consent,

(c)
circumstances in which any condition imposed on

the granting of such consent is unreasonable, and

(d)
the application, in relation to such work, of—

(i)
sections 28 to 31 and 34(6) of the Housing

(Scotland) Act 2001 (asp 10), and

(ii)
sections 52, 53 and 64(6) of the Housing

(Scotland) Act 2006 (asp 01).”;

(b)
after subsection (4A) insert—

“(4B)
Where a draft code of practice under subsection (1F) is

submitted to the Secretary of State for approval, the

Secretary of State must, before deciding whether to approve

it, consult the Scottish Ministers.”;

(c)
after subsection (6A) insert—

“(6B)
Before appointing a day under subsection (6)(a) for the

coming into effect of a code of practice under subsection

(1F), the Secretary of State shall consult the Scottish

Ministers.”;

(d)
after subsection (8A) insert—

“(8B)
Subsection (8A) does not apply to a code of practice under

subsection (1F).”.

(3)
In section 7 of the Disability Rights Commission Act 1999 (c. 17) (provision

of assistance in relation to proceedings), in subsection (1), after paragraph

(aa) insert—

“(ab)
proceedings in Scotland of any description to the extent that

the question whether—

(i)
it is unreasonable for a landlord to withhold consent

to the carrying out of work in relation to a house

(within the meaning of the Housing (Scotland) Act

2006 (asp 01)) in Scotland for the purpose of making

the house suitable for the accommodation, welfare

or employment of any disabled person who

occupies, or intends to occupy, the house as a sole or

main residence, or

(ii)
any condition imposed by a landlord on consenting

to the carrying out of any such work is

unreasonable,


falls to be considered in the proceedings,”.”
Clause 45
22
Page 28, line 6, leave out “to refuse” and insert “refusing”
Clause 47
23
Page 28, line 36, leave out “46(1), (2) and (5)” and insert “46”
24
Page 29, line 11, leave out “(5)” and insert “(3)”