PART IIIU.K. Discrimination in Other Areas

PremisesU.K.

[F124FLet premises: victimisation of persons to whom premises are letE+W+S

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E1This section extended to England, Wales and Scotland only; a separate s. 24F exists for Northern Ireland only.

Textual Amendments

F1S. 24A-24L inserted (E.W.S.) (30.6.2005 for ss. 24K and 24L for certain purposes only, otherwise 4.12.2006 for all provisions) by Disability Discrimination Act 2005 (c. 13), ss. 13, 20(3)-(6); S.I. 2005/1676, art. 2(2)(d); S.I. 2005/2774, art. 4(b)

F2Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F324FLet premises: victimisation of persons to whom premises are letN.I.

(1)Where a duty under section 24C or 24D is imposed on a controller of let premises by reference to a person who, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises, it is unlawful for a controller of the let premises to discriminate against a person to whom the premises are let.

(2)For the purposes of subsection (1), a controller of the let premises discriminates against a person to whom the premises are let if—

(a)the controller treats that person (“T”) less favourably than he treats or would treat other persons whose circumstances are the same as T's; and

(b)he does so because of costs incurred in connection with taking steps to avoid liability under section 24A(1) for failure to comply with the duty.

(3)In comparing T's circumstances with those of any other person for the purposes of subsection (2)(a), the following (as well as the costs' having been incurred) shall be disregarded—

(a)the making of the request that gave rise to the imposition of the duty; and

(b)the disability of each person who—

(i)is a disabled person or a person who has had a disability, and

(ii)is a person to whom the premises are let or, although not a person to whom the premises are let, is lawfully under the letting an occupier of the premises.]

Extent Information

E2This section extends to Northern Ireland only; a separate s. 24F for England, Wales and Scotland only repealed (1.10.2010).

Textual Amendments

F3Ss. 24A-24L inserted (N.I.) (3.7.2006 for ss. 24K and 24L for certain purposes only and 31.12.2007 for all provisions insofar as not already in force)) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 14; S.R. 2006/289, art. 2(2)(c); S.R. 2007/466, art. 2(2)(h)