(1) A complaint by any person that another person— (a) has discriminated against him , or subjected him to harassment, in a way which is unlawful under this Part, or (b) is, by virtue of section 57 or 58, to be treated as having done so, may be presented to an industrial tribunal. (1A) Subsection (1) does not apply to a complaint under section 14A(1) or (2) about an act in respect of which an appeal, or proceedings in the nature of an appeal, may be brought under any enactment. (1B) Where, on the hearing of a complaint under subsection (1), the complainant proves facts from which the tribunal could, apart from this subsection, conclude in the absence of an adequate explanation that the respondent has acted in a way which is unlawful under this Part, the tribunal shall uphold the complaint unless the respondent proves that he did not so act. (2) Where an industrial tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable— (a) making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates; (b) ordering the respondent to pay compensation to the complainant; (c) recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates. (3) Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort for breach of statutory duty. (4) For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head. (5) If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an industrial tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so— (a) increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or (b) make an order under subsection (2)(b). (6) Regulations may make provision— (a) for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and (b) specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined. (7) Regulations may modify the operation of any order made under Article 16 of the Industrial Tribunals (Northern Ireland) Order 1996 (power to make provision as to interest on sums payable in pursuance of industrial tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b). (8) Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

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17B Enforcement of sections 16B(1) and 16C

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17C Validity of contracts, collective agreements and rules of undertakings

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18 Insurance services.

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18A Alterations to premises occupied under leases.

(1) This section applies where— (a) a person to whom a duty to make reasonable adjustments applies(“the occupier”) occupies premises under a lease; (b) but for this section, the occupier would not be entitled to make a particular alteration to the premises; and (c) the alteration is one which the occupier proposes to make in order to comply with that duty. (2) Except to the extent to which it expressly so provides, the lease shall have effect by virtue of this subsection as if it provided— (a) for the occupier to be entitled to make the alteration with the written consent of the lessor; (b) for the occupier to have to make a written application to the lessor for consent if he wishes to make the alteration; (c) if such an application is made, for the lessor not to withhold his consent unreasonably; and (d) for the lessor to be entitled to make his consent subject to reasonable conditions. (2A) Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that lease as if it provided— (i) for the lessee to have to make a written application to the lessor for consent to the alteration; (ii) if such an application is made, for the lessor not to withhold his consent unreasonably; and (iii) for the lessor to be entitled to make his consent subject to reasonable conditions. (3) In this section— “lease” includes a tenancy, sub-lease or sub-tenancy and an agreement for a lease, tenancy, sub-lease or sub-tenancy; and “sub-lease” and “sub-tenancy” have such meaning as may be prescribed. (4) If the terms and conditions of a lease— (a) impose conditions which are to apply if the occupier alters the premises, or (b) entitle the lessor to impose conditions when consenting to the occupier’s altering the premises, the occupier is to be treated for the purposes of subsection (1) as not being entitled to make the alteration. (5) Part I of Schedule 4 supplements the provisions of this section.

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18B Reasonable adjustments: supplementary

(1) In determining whether it is reasonable for a person to have to take a particular step in order to comply with a duty to make reasonable adjustments, regard shall be had, in particular, to— (a) the extent to which taking the step would prevent the effect in relation to which the duty is imposed; (b) the extent to which it is practicable for him to take the step; (c) the financial and other costs which would be incurred by him in taking the step and the extent to which taking it would disrupt any of his activities; (d) the extent of his financial and other resources; (e) the availability to him of financial or other assistance with respect to taking the step; (f) the nature of his activities and the size of his undertaking; (g) where the step would be taken in relation to a private household, the extent to which taking it would— (i) disrupt that household, or (ii) disturb any person residing there. (2) The following are examples of steps which a person may need to take in relation to a disabled person in order to comply with a duty to make reasonable adjustments— (a) making adjustments to premises; (b) allocating some of the disabled person’s duties to another person; (c) transferring him to fill an existing vacancy; (d) altering his hours of working or training; (e) assigning him to a different place of work or training; (f) allowing him to be absent during working or training hours for rehabilitation, assessment or treatment; (g) giving, or arranging for, training or mentoring (whether for the disabled person or any other person); (h) acquiring or modifying equipment; (i) modifying instructions or reference manuals; (j) modifying procedures for testing or assessment; (k) providing a reader or interpreter; (l) providing supervision or other support. (3) For the purposes of a duty to make reasonable adjustments, where under any binding obligation a person is required to obtain the consent of another person to any alteration of the premises occupied by him— (a) it is always reasonable for him to have to take steps to obtain that consent; and (b) it is never reasonable for him to have to make that alteration before that consent is obtained. (4) The steps referred to in subsection (3)(a) shall not be taken to include an application to a court or tribunal. (5) In subsection (3), “binding obligation” means a legally binding obligation (not contained in a lease (within the meaning of section 18A(3)) in relation to the premises, whether arising from an agreement or otherwise. (6) A provision of this Part imposing a duty to make reasonable adjustments applies only for the purpose of determining whether a person has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

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18C Charities and support for particular groups of persons.

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18D Interpretation of Part 2

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18E Premises provided otherwise than in course of a Part 2 relationship

(1) This Part does not apply in relation to the provision, otherwise than in the course of a Part 2 relationship, of premises by the regulated party to the other party. (2) For the purposes of subsection (1)— (a) “Part 2 relationship” means a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under sections 4 to 15C; and (b) in relation to a Part 2 relationship, “regulated party” means the party whose acts of discrimination, or harassment, are made unlawful by sections 4 to 15C.

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19 Discrimination in relation to goods, facilities and services.

(1) It is unlawful for a provider of services to discriminate against a disabled person— (a) in refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public; (b) in failing to comply with any duty imposed on him by section 21 in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service; (c) in the standard of service which he provides to the disabled person or the manner in which he provides it to him; or (d) in the terms on which he provides a service to the disabled person. (2) For the purposes of this section and sections 20 to 21ZA— (a) the provision of services includes the provision of any goods or facilities; (b) a person is “a provider of services” if he is concerned with the provision, in the United Kingdom, of services to the public or to a section of the public; and (c) it is irrelevant whether a service is provided on payment or without payment. (3) The following are examples of services to which this section and sections 20 and 21 apply— (a) access to and use of any place which members of the public are permitted to enter; (b) access to and use of means of communication; (c) access to and use of information services; (d) accommodation in a hotel, boarding house or other similar establishment; (e) facilities by way of banking or insurance or for grants, loans, credit or finance; (f) facilities for entertainment, recreation or refreshment; (g) facilities provided by employment agencies or under sections 1 and 2 of the Employment and Training Act (Northern Ireland) 1950; (h) the services of any profession or trade, or any local or other public authority. (4) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled. (4A) Subsection (1) does not apply to anything that is governed by Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air. (5) Regulations may provide for subsection (1) and section 21(1), (2) and (4) not to apply, or to apply only to a prescribed extent, in relation to a service of a prescribed description. (6) Nothing in this section or sections 20 to 21A applies to the provision of a service in relation to which discrimination is unlawful under Part III of the 2005 Order.

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20 Meaning of “discrimination”

(1) For the purposes of section 19, a provider of services discriminates against a disabled person if — (a) for a reason which relates to the disabled person's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and (b) he cannot show that the treatment in question is justified. (2) For the purposes of section 19, a provider of services also discriminates against a disabled person if — (a) he fails to comply with a section 21 duty imposed on him in relation to the disabled person; and (b) he cannot show that his failure to comply with that duty is justified. (3) For the purposes of this section, treatment is justified only if— (a) in the opinion of the provider of services, one or more of the conditions mentioned in subsection (4) are satisfied; and (b) it is reasonable, in all the circumstances of the case, for him to hold that opinion. (4) The conditions are that— (a) in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person); (b) in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case; (c) in a case falling within section 19(1)(a), the treatment is necessary because the provider of services would otherwise be unable to provide the service to members of the public; (d) in a case falling within section 19(1)(c) or (d), the treatment is necessary in order for the provider of services to be able to provide the service to the disabled person or to other members of the public; (e) in a case falling within section 19(1)(d), the difference in the terms on which the service is provided to the disabled person and those on which it is provided to other members of the public reflects the greater cost to the provider of services in providing the service to the disabled person. (5) Any increase in the cost of providing a service to a disabled person which results from compliance by a provider of services with a section 21 duty shall be disregarded for the purposes of subsection (4)(e). (6) Regulations may make provision, for purposes of this section, as to circumstances in which— (a) it is reasonable for a provider of services to hold the opinion mentioned in subsection (3)(a); (b) it is not reasonable for a provider of services to hold that opinion. (7) Regulations may make provision for subsection (4)(b) not to apply in prescribed circumstances where— (a) a person is acting for a disabled person under a power of attorney; (b) functions conferred by or under the Mental Capacity Act 2005 are exercisable in relation to a disabled person's property or affairs; or (c) powers are exercisable in relation to a disabled person’s property or affairs in consequence of the appointment, under the law of Scotland, of a guardian, tutor or judicial factor. (8) Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (4)) in which treatment is to be taken to be justified. (9) In subsections (3), (4) and (8) “treatment” includes failure to comply with a section 21 duty.

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21 Duty of providers of services to make adjustments.

(1) Where a provider of services has a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled persons to make use of a service which he provides, or is prepared to provide, to other members of the public, it is his duty to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change that practice, policy or procedure so that it no longer has that effect. (2) Where a physical feature (for example, one arising from the design or construction of a building or the approach or access to premises) makes it impossible or unreasonably difficult for disabled persons to make use of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to— (a) remove the feature; (b) alter it so that it no longer has that effect; (c) provide a reasonable means of avoiding the feature; or (d) provide a reasonable alternative method of making the service in question available to disabled persons. (3) Regulations may prescribe— (a) matters which are to be taken into account in determining whether any provision of a kind mentioned in subsection (2)(c) or (d) is reasonable; and (b) categories of providers of services to whom subsection (2) does not apply. (4) Where an auxiliary aid or service (for example, the provision of information on audio tape or of a sign language interpreter) would— (a) enable disabled persons to make use of a service which a provider of services provides, or is prepared to provide, to members of the public, or (b) facilitate the use by disabled persons of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to provide that auxiliary aid or service. (5) Regulations may make provision, for the purposes of this section— (a) as to circumstances in which it is reasonable for a provider of services to have to take steps of a prescribed description; (b) as to circumstances in which it is not reasonable for a provider of services to have to take steps of a prescribed description; (c) as to what is to be included within the meaning of “practice, policy or procedure”; (d) as to what is not to be included within the meaning of that expression; (e) as to things which are to be treated as physical features; (f) as to things which are not to be treated as such features; (g) as to things which are to be treated as auxiliary aids or services; (h) as to things which are not to be treated as auxiliary aids or services. (6) Nothing in this section requires a provider of services to take any steps which would fundamentally alter the nature of the service in question or the nature of his trade, profession or business. (7) Nothing in this section requires a provider of services to take any steps which would cause him to incur expenditure exceeding the prescribed maximum. (8) Regulations under subsection (7) may provide for the prescribed maximum to be calculated by reference to— (a) aggregate amounts of expenditure incurred in relation to different cases; (b) prescribed periods; (c) services of a prescribed description; (d) premises of a prescribed description; or (e) such other criteria as may be prescribed. (9) Regulations may provide, for the purposes of subsection (7), for expenditure incurred by one provider of services to be treated as incurred by another. (10) This section imposes duties only for the purpose of determining whether a provider of services has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

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21ZA Application of sections 19 to 21 to transport vehicles

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21A Employment services

(1) In this Act , “employment services” means— (a) vocational guidance; (b) vocational training; or (c) services to assist a person to obtain or retain employment, or to establish himself as self-employed. (2) It is unlawful for a provider of employment services, in relation to such services, to subject to harassment a disabled person— (a) to whom he is providing such services, or (b) who has requested him to provide such services; and section 3B (meaning of “harassment”) applies for the purposes of this subsection as it applies for the purposes of Part II. (3) In their application to employment services, the preceding provisions of this Part have effect as follows. (4) Section 19 has effect as if— (a) after subsection (1)(a), there were inserted the following paragraph— (aa) in failing to comply with a duty imposed on him by subsection (1) of section 21 in circumstances in which the effect of that failure is to place the disabled person at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of the service; ; (b) in subsection (1)(b), for “section 21” there were substituted “ subsection (2) or (4) of section 21 ”; (c) in subsection (2), for “sections 20 to 21ZA” there were substituted sections 20 to 21A. (5) Section 20 has effect as if— (a) after subsection (1), there were inserted the following subsection— (1A) For the purposes of section 19, a provider of services also discriminates against a disabled person if he fails to comply with a duty imposed on him by subsection (1) of section 21 in relation to the disabled person. ; (b) in subsection (2)(a), for “a section 21 duty imposed” there were substituted “ a duty imposed by subsection (2) or (4) of section 21 ”; (c) after subsection (3), there were inserted the following subsection— (3A) But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within section 3A(5). . (6) Section 21 has effect as if— (a) in subsection (1), for “makes it impossible or unreasonably difficult for disabled persons to make use of” there were substituted places disabled persons at a substantial disadvantage in comparison with persons who are not disabled in relation to the provision of; (b) after subsection (1), there were inserted the following subsection— (1A) In subsection (1), “practice, policy or procedure” includes a provision or criterion. .

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21B Discrimination by public authorities

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21C Exceptions from section 21B(1)

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21D Meaning of “discrimination” in section 21B

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21E Duties for purposes of section 21D(2) to make adjustments

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21F Discrimination by private clubs etc.

(1) This section applies to any association of persons (however described, whether corporate or unincorporate, and whether or not its activities are carried on for profit) if— (a) it has twenty-five or more members; (b) admission to membership is regulated by its constitution and is so conducted that the members do not constitute a section of the public within the meaning of section 19(2); and (c) it is not an organisation to which section 13 applies. (2) It is unlawful for an association to which this section applies, in the case of a disabled person who is not a member of the association, to discriminate against him— (a) in the terms on which it is prepared to admit him to membership; or (b) by refusing or deliberately omitting to accept his application for membership. (3) It is unlawful for an association to which this section applies, in the case of a disabled person who is a member, or associate, of the association, to discriminate against him— (a) in the way it affords him access to a benefit, facility or service; (b) by refusing or deliberately omitting to afford him access to a benefit, facility or service; (c) in the case of a member— (i) by depriving him of membership, or (ii) by varying the terms on which he is a member; (d) in the case of an associate— (i) by depriving him of his rights as an associate, or (ii) by varying those rights; or (e) in either case, by subjecting him to any other detriment. (4) It is unlawful for an association to which this section applies to discriminate against a disabled person— (a) in the way it affords him access to a benefit, facility or service, (b) by refusing or deliberately omitting to afford him access to a benefit, facility or service, or (c) by subjecting him to any other detriment, in his capacity as a guest of the association. (5) It is unlawful for an association to which this section applies to discriminate against a disabled person— (a) in the terms on which it is prepared to invite him, or permit a member or associate to invite him, to be a guest of the association; (b) by refusing or deliberately omitting to invite him to be a guest of the association; or (c) by not permitting a member or associate to invite him to be a guest of the association. (6) It is unlawful for an association to which this section applies to discriminate against a disabled person in failing in prescribed circumstances to comply with a duty imposed on it under section 21H. (7) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

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21G Meaning of “discrimination”

(1) For the purposes of section 21F, an association discriminates against a disabled person if— (a) for a reason which relates to the disabled person’s disability, the association treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and (b) it cannot show that the treatment in question is justified. (2) For the purposes of subsection (1), treatment is justified only if— (a) in the opinion of the association, one or more of the conditions mentioned in subsection (3) are satisfied; and (b) it is reasonable, in all the circumstances, for it to hold that opinion. (3) The conditions are that— (a) the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person); (b) the disabled person is incapable of entering into an enforceable agreement, or giving an informed consent, and for that reason the treatment is reasonable in that case; (c) in a case falling within section 21F(2)(a), (3)(a), (c)(ii), (d)(ii) or (e), (4)(a) or (c) or (5)(a), the treatment is necessary in order for the association to be able to afford members, associates or guests of the association, or the disabled person, access to a benefit, facility or service; (d) in a case falling within section 21F(2)(b), (3)(b), (c)(i) or (d)(i), (4)(b) or (5)(b) or (c), the treatment is necessary because the association would otherwise be unable to afford members, associates or guests of the association access to a benefit, facility or service; (e) in a case falling within section 21F(2)(a), the difference between— (i) the terms on which membership is offered to the disabled person, and (ii) those on which it is offered to other persons, reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service; (f) in a case falling within section 21F(3)(a), (c)(ii) or (d)(ii) or (4)(a), the difference between— (i) the association’s treatment of the disabled person, and (ii) its treatment of other members or (as the case may be) other associates or other guests of the association, reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service; (g) in a case falling within section 21F(5)(a), the difference between— (i) the terms on which the disabled person is invited, or permitted to be invited, to be a guest of the association, and (ii) those on which other persons are invited, or permitted to be invited, to be guests of the association, reflects the greater cost to the association of affording the disabled person access to a benefit, facility or service. (4) Any increase in the cost of affording a disabled person access to a benefit, facility or service which results from compliance with a duty under section 21H shall be disregarded for the purposes of subsection (3)(e), (f) and (g). (5) Regulations may— (a) make provision, for purposes of this section, as to circumstances in which it is, or as to circumstances in which it is not, reasonable for an association to hold the opinion mentioned in subsection (2)(a); (b) amend or omit a condition specified in subsection (3) or make provision for it not to apply in prescribed circumstances; (c) make provision as to circumstances (other than any for the time being mentioned in subsection (3)) in which treatment is to be taken to be justified for the purposes of subsection (1). (6) For the purposes of section 21F, an association also discriminates against a disabled person if— (a) it fails to comply with a duty under section 21H imposed on it in relation to the disabled person; and (b) it cannot show that its failure to comply with that duty is justified. (7) Regulations may make provision as to circumstances in which failure to comply with a duty under section 21H is to be taken to be justified for the purposes of subsection (6).

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21H Duty to make adjustments

(1) Regulations may make provision imposing on an association to which section 21F applies— (a) a duty to take steps for a purpose relating to a policy, practice or procedure of the association, or a physical feature, which adversely affects disabled persons who— (i) are, or might wish to become, members or associates of the association, or (ii) are, or are likely to become, guests of the association; (b) a duty to take steps for the purpose of making an auxiliary aid or service available to any such disabled persons. (2) Regulations under subsection (1) may (in particular)— (a) make provision as to the cases in which a duty is imposed; (b) make provision as to the steps which a duty requires to be taken; (c) make provision as to the purpose for which a duty requires steps to be taken. (3) Any duty imposed under this section is imposed only for the purpose of determining whether an association has, for the purposes of section 21F, discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

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21J “Member”, “associate” and “guest”

(1) For the purposes of sections 21F to 21H and this section— (a) a person is a member of an association to which section 21F applies if he belongs to it by virtue of his admission to any sort of membership provided for by its constitution (and is not merely a person with certain rights under its constitution by virtue of his membership of some other association), and references to membership of an association shall be construed accordingly; (b) a person is an associate of an association to which section 21F applies if, not being a member of it, he has under its constitution some or all of the rights enjoyed by members (or would have apart from any provision in its constitution authorising the refusal of those rights in particular cases). (2) References in sections 21F to 21H to a guest of an association include a person who is a guest of the association by virtue of an invitation issued by a member or associate of the association and permitted by the association. (3) Regulations may make provision, for purposes of sections 21F to 21H, as to circumstances in which a person is to be treated as being, or as to circumstances in which a person is to be treated as not being, a guest of an association.

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22 Discrimination in relation to premises.

(1) It is unlawful for a person with power to dispose of any premises to discriminate against a disabled person— (a) in the terms on which he offers to dispose of those premises to the disabled person; (b) by refusing to dispose of those premises to the disabled person; or (c) in his treatment of the disabled person in relation to any list of persons in need of premises of that description. (2) Subsection (1) does not apply to a person who owns an estate or interest in the premises and wholly occupies them unless, for the purpose of disposing of the premises, he— (a) uses the services of an estate agent, or (b) publishes an advertisement or causes an advertisement to be published. (3) It is unlawful for a person managing any premises to discriminate against a disabled person occupying those premises— (a) in the way he permits the disabled person to make use of any benefits or facilities; (b) by refusing or deliberately omitting to permit the disabled person to make use of any benefits or facilities; or (c) by evicting the disabled person, or subjecting him to any other detriment. (3A) Regulations may make provision, for purposes of subsection (3)— (a) as to who is to be treated as being, or as to who is to be treated as not being, a person who manages premises; (b) as to who is to be treated as being, or as to who is to be treated as not being, a person occupying premises. (4) It is unlawful for any person whose licence or consent is required for the disposal of any premises comprised in, or (in Scotland) the subject of, a tenancy to discriminate against a disabled person by withholding his licence or consent for the disposal of the premises to the disabled person. (5) Subsection (4) applies to tenancies created before as well as after the passing of this Act. (6) In this section— “advertisement” includes every form of advertisement or notice, whether to the public or not; “dispose”, in relation to premises, includes granting a right to occupy the premises, and, in relation to premises comprised in, or (in Scotland) the subject of, a tenancy, includes— assigning the tenancy, and sub-letting or parting with possession of the premises or any part of the premises; and “disposal” shall be construed accordingly; “estate agent” means a person who, by way of profession or trade, provides services for the purpose of finding premises for persons seeking to acquire them or assisting in the disposal of premises; and “tenancy” means a tenancy created— by a lease or sub-lease, by an agreement for a lease or sub-lease, by a tenancy agreement, or in pursuance of any enactment. (7) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled. (8) This section applies only in relation to premises in the United Kingdom.

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22A Commonholds

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23 Exemption for small dwellings.

(1) Where the conditions mentioned in subsection (2) are satisfied, subsection (1), (3) or (as the case may be) (4) of section 22 does not apply. (2) The conditions are that— (a) the relevant occupier resides, and intends to continue to reside, on the premises; (b) the relevant occupier shares accommodation on the premises with persons who reside on the premises and are not members of his household; (c) the shared accommodation is not storage accommodation or a means of access; and (d) the premises are small premises. (3) For the purposes of this section, premises are “small premises” if they fall within subsection (4) or (5). (4) Premises fall within this subsection if— (a) only the relevant occupier and members of his household reside in the accommodation occupied by him; (b) the premises comprise, in addition to the accommodation occupied by the relevant occupier, residential accommodation for at least one other household; (c) the residential accommodation for each other household is let, or available for letting, on a separate tenancy or similar agreement; and (d) there are not normally more than two such other households. (5) Premises fall within this subsection if there is not normally residential accommodation on the premises for more than six persons in addition to the relevant occupier and any members of his household. (6) For the purposes of this section “the relevant occupier” means— (a) in a case falling within section 22(1), the person with power to dispose of the premises, or a near relative of his; (aa) in a case falling within section 22(3), the person managing the premises, or a near relative of his; (b) in a case falling within section 22(4), the person whose licence or consent is required for the disposal of the premises, or a near relative of his. (7) For the purposes of this section— “near relative” means a person’s spouse or civil partner, partner, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood or by marriage or civil partnership)); and “partner” means the other member of a couple consisting of— a man and a woman who are not married to each other but are living together as husband and wife, or two people of the same sex who are not civil partners of each other but are living together as if they were civil partners.

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24 Meaning of “discrimination” .

(1) For the purposes of section 22 sections 22 and 22A, a person (“A”) discriminates against a disabled person if— (a) for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and (b) he cannot show that the treatment in question is justified. (2) For the purposes of this section, treatment is justified only if— (a) in A’s opinion, one or more of the conditions mentioned in subsection (3) are satisfied; and (b) it is reasonable, in all the circumstances of the case, for him to hold that opinion. (3) The conditions are that— (a) in any case, the treatment is necessary in order not to endanger the health or safety of any person (which may include that of the disabled person); (b) in any case, the disabled person is incapable of entering into an enforceable agreement, or of giving an informed consent, and for that reason the treatment is reasonable in that case; (c) in a case falling within section 22(3)(a), the treatment is necessary in order for the disabled person or the occupiers of other premises forming part of the building to make use of the benefit or facility; (d) in a case falling within section 22(3)(b), the treatment is necessary in order for the occupiers of other premises forming part of the building to make use of the benefit or facility. (e) in a case to which subsection (3A) applies, the terms are less favourable in order to recover costs which— (i) as a result of the disabled person having a disability, are incurred in connection with the disposal of the premises, and (ii) are not costs incurred in connection with taking steps to avoid liability under section 24G(1); (f) in a case to which subsection (3B) applies, the disabled person is subjected to the detriment in order to recover costs which— (i) as a result of the disabled person having a disability, are incurred in connection with the management of the premises, and (ii) are not costs incurred in connection with taking steps to avoid liability under section 24A(1) or 24G(1). (3A) This subsection applies to a case if— (a) the case falls within section 22(1)(a); (b) the premises are to let; (c) the person with power to dispose of the premises is a controller of them; and (d) the proposed disposal of the premises would involve the disabled person becoming a person to whom they are let. (3B) This subsection applies to a case if— (a) the case falls within section 22(3)(c); (b) the detriment is not eviction; (c) the premises are let premises; (d) the person managing the premises is a controller of them; and (e) the disabled person is a person to whom the premises are let or, although not a person to whom they are let, is lawfully under the letting an occupier of them. (3C) Section 24G(3) and (4) apply for the purposes of subsection (3A) as for those of section 24G; and section 24A(3) and (4) apply for the purposes of subsection (3B) as for those of section 24A. (4) Regulations may make provision, for purposes of this section, as to circumstances in which— (a) it is reasonable for a person to hold the opinion mentioned in subsection 2(a); (b) it is not reasonable for a person to hold that opinion. (4A) Regulations may make provision for the condition specified in subsection (3)(b) not to apply in prescribed circumstances. (5) Regulations may make provision, for purposes of this section, as to circumstances (other than those mentioned in subsection (3)) in which treatment is to be taken to be justified.

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