Equality Act 2006

Prospective

27 Conciliation E+W+S

(1) The Commission may make arrangements for the provision of conciliation services for disputes in respect of which proceedings have been or could be brought under or by virtue of—

(a) section 66 of the Sex Discrimination Act 1975 (c. 65) (civil proceedings),

(b) section 57 of the Race Relations Act 1976 (c. 74) (civil proceedings),

(c) section 25, 28I, 28N, 28V [F1 , 31ADA]F1 or 31AE(1) of the Disability Discrimination Act 1995 (c. 50) (civil proceedings),

(d) section 66 below,

(e) a provision of regulations under Part 3 of this Act corresponding to section 66 below,

(f) regulation 31 of the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660) (civil proceedings), F2 ...

(g) regulation 31 of the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661) (civil proceedings).[F3 or

(h) regulation 39 of the Employment Equality (Age) Regulations 2006 (Jurisdiction of County and Sheriff Courts).]

F3 (2) The Commission may make arrangements for the provision of conciliation services for disputes about a landlord's reasonableness in relation to consent to the making of an improvement to a dwelling in England or Wales where the improvement would be likely to facilitate the enjoyment of the premises by the tenant or another lawful occupier having regard to a disability.

(3) 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.

(4) The Commission shall aim to exercise the powers in subsections (1) to (3) so as to ensure that, so far as is reasonably practicable, conciliation services are available to parties who want them.

(5) Information communicated to a person providing conciliation services in accordance with arrangements under this section may not be adduced in legal proceedings without the consent of the person who communicated the information.

(6) None of the following shall participate in the provision of conciliation services for which arrangements are made under this section—

(a) a Commissioner,

(b) a member of the Commission's staff,

(c) a member of a committee established by the Commission, and

(d) an Investigating Commissioner.

(7) The Commission shall make administrative arrangements designed to secure that information in connection with conciliation services provided in accordance with arrangements made under this section is not disclosed to—

(a) a Commissioner, or

(b) a member of the Commission's staff.

(8) But subsection (7) shall not apply to a disclosure—

(a) made with the consent of the parties to the dispute to which it relates,

(b) which does not identify individuals or enable them to be identified, or

(c) of information without which arrangements under this section cannot be made.

(9) In this section “conciliation services” means a service which is provided—

(a) by a person who is not party to a dispute,

(b) to the parties to the dispute, and

(c) with the aim of enabling the dispute to be settled by agreement and without legal proceedings.

(10) The Secretary of State may by order amend this section so as to vary the range of disputes in respect of which the Commission may make arrangements for the provision of conciliation services.

Textual Amendments

F1 Words in s. 27(1)(c) inserted (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations 2007 (S.I. 2007/2405), reg. 7

F2 Word in s. 27(1)(f) omitted (1.10.2006) by virtue of The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 39(2) (with regs. 44-46)

F3 S. 27(1)(g) and preceding word inserted (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 39(3) (with regs. 44-46)

27 Conciliation E+W+S

(1) The Commission may make arrangements for the provision of conciliation services for disputes in respect of which proceedings have been or could be brought under or by virtue of—

(a) section 66 of the Sex Discrimination Act 1975 (c. 65) (civil proceedings),

(b) section 57 of the Race Relations Act 1976 (c. 74) (civil proceedings),

(c) section 25, 28I, 28N, 28V or 31AE(1) of the Disability Discrimination Act 1995 (c. 50) (civil proceedings),

(d) section 66 below,

(e) a provision of regulations under Part 3 of this Act corresponding to section 66 below,

(f) regulation 31 of the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660) (civil proceedings), F2 ...

(g) regulation 31 of the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661) (civil proceedings).[F3 or

(h) regulation 39 of the Employment Equality (Age) Regulations 2006 (Jurisdiction of County and Sheriff Courts).]

F3 (2) The Commission may make arrangements for the provision of conciliation services for disputes about a landlord's reasonableness in relation to consent to the making of an improvement to a dwelling in England or Wales where the improvement would be likely to facilitate the enjoyment of the premises by the tenant or another lawful occupier having regard to a disability.

(3) 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.

(4) The Commission shall aim to exercise the powers in subsections (1) to (3) so as to ensure that, so far as is reasonably practicable, conciliation services are available to parties who want them.

(5) Information communicated to a person providing conciliation services in accordance with arrangements under this section may not be adduced in legal proceedings without the consent of the person who communicated the information.

(6) None of the following shall participate in the provision of conciliation services for which arrangements are made under this section—

(a) a Commissioner,

(b) a member of the Commission's staff,

(c) a member of a committee established by the Commission, and

(d) an Investigating Commissioner.

(7) The Commission shall make administrative arrangements designed to secure that information in connection with conciliation services provided in accordance with arrangements made under this section is not disclosed to—

(a) a Commissioner, or

(b) a member of the Commission's staff.

(8) But subsection (7) shall not apply to a disclosure—

(a) made with the consent of the parties to the dispute to which it relates,

(b) which does not identify individuals or enable them to be identified, or

(c) of information without which arrangements under this section cannot be made.

(9) In this section “conciliation services” means a service which is provided—

(a) by a person who is not party to a dispute,

(b) to the parties to the dispute, and

(c) with the aim of enabling the dispute to be settled by agreement and without legal proceedings.

(10) The Secretary of State may by order amend this section so as to vary the range of disputes in respect of which the Commission may make arrangements for the provision of conciliation services.

Textual Amendments

F2 Word in s. 27(1)(f) omitted (1.10.2006) by virtue of The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 39(2) (with regs. 44-46)

F3 S. 27(1)(g) and preceding word inserted (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 39(3) (with regs. 44-46)