- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (20/11/2021)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 20/11/2021.
Equality Act 2010, SCHEDULE 5 is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 38
1(1)This paragraph applies to the private disposal of premises by an owner-occupier.E+W+S
(2)A disposal is a private disposal only if the owner-occupier does not—
(a)use the services of an estate agent for the purpose of disposing of the premises, or
(b)publish (or cause to be published) an advertisement in connection with their disposal.
(3)Section 33(1) applies only in so far as it relates to race.
(4)Section 34(1) does not apply in so far as it relates to—
(a)religion or belief, or
(b)sexual orientation.
(5)In this paragraph—
“estate agent” means a person who, by way of profession or trade, provides services for the purpose of—
finding premises for persons seeking them, or
assisting in the disposal of premises;
“owner-occupier” means a person who—
owns an estate or interest in premises, and
occupies the whole of them.
2(1)Section 36(1)(a) does not apply if—E+W+S
(a)the premises are, or have been, the only or main home of a person by whom they are let, and
(b)since entering into the letting, neither that person nor any other by whom they are let has used a manager for managing the premises.
(2)A manager is a person who, by profession or trade, manages let premises.
(3)Section 36(1)(b) does not apply if—
(a)the premises are, or have been, the only or main home of a person who has them to let, and
(b)neither that person nor any other who has the premises to let uses the services of an estate agent for letting the premises.
(4)“Estate agent” has the meaning given in paragraph 1.
3(1)This paragraph applies to anything done by a person in relation to the disposal, occupation or management of part of small premises if—E+W+S
(a)the person or a relative of that person resides, and intends to continue to reside, in another part of the premises, and
(b)the premises include parts (other than storage areas and means of access) shared with residents of the premises who are not members of the same household as the resident mentioned in paragraph (a).
(2)Sections 33(1), 34(1) and 35(1) apply only in so far as they relate to race.
(3)Premises are small if—
(a)the only other persons occupying the accommodation occupied by the resident mentioned in sub-paragraph (1)(a) are members of the same household,
(b)the premises also include accommodation for at least one other household,
(c)the accommodation for each of those other households is let, or available for letting, on a separate tenancy or similar agreement, and
(d)the premises are not normally sufficient to accommodate more than two other households.
(4)Premises are also small if they are not normally sufficient to provide residential accommodation for more than six persons (in addition to the resident mentioned in sub-paragraph (1)(a) and members of the same household).
(5)In this paragraph, “relative” means—
(a)spouse or civil partner,
(b)unmarried partner,
(c)parent or grandparent,
(d)child or grandchild (whether or not legitimate),
(e)the spouse, civil partner or unmarried partner of a child or grandchild,
(f)brother or sister (whether of full blood or half-blood), or
(g)a relative within paragraph (c), (d), (e) or (f) whose relationship arises as a result of marriage or civil partnership.
(6)In sub-paragraph (5), a reference to an unmarried partner is a reference to the other member of a couple consisting [F1of two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.]
Textual Amendments
F1Words in Sch. 5 para. 3(6) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 32(4)
4(1)Section 36(1) does not apply if—E+W+S
(a)the premises in question are small premises,
(b)the relevant person or a relative of that person resides, and intends to continue to reside, in another part of the premises, and
(c)the premises include parts (other than storage areas and means of access) shared with residents of the premises who are not members of the same household as the resident mentioned in paragraph (b).
(2)The relevant person is the person who, for the purposes of section 36(1), is—
(a)the controller of the premises, or
(b)the responsible person in relation to the common parts to which the premises relate.
(3)“Small premises” and “relative” have the same meaning as in paragraph 3.
5E+W+SA Minister of the Crown may by order amend paragraph 3 or 4.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys