Equality Act 2006

43 Transitional: rented housing in Scotland E+W+S

(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 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,”.

Commencement Information

I1 S. 43 wholly in force at 4.12.2006; s. 43 not in force at Royal Assent, see s. 93; s. 43(2) in force at 18.4.2006 by S.I. 2006/1082, art. 2; s. 43(1)(3) in force at 4.12.2006 by S.I. 2006/1082, art. 3