Equality Act 2006

14 Codes of practice E+W+S

[F1 (1) The Commission may issue a code of practice in connection with any matter addressed by the Equality Act 2010.]

F2 (2) A code of practice under subsection (1) shall contain provision designed—

(a) to ensure or facilitate compliance with [F3 the Equality Act 2010 or an enactment made under that Act ], or

(b) to promote equality of opportunity.

(3) The Commission may issue a code of practice giving practical guidance to landlords and tenants in England or Wales about—

(a) circumstances in which a tenant requires the consent of his landlord to make a relevant improvement, within the meaning of [F4 section 190(7) of the Equality Act 2010] (improvements), to a dwelling house,

(b) reasonableness in relation to that consent, and

(c) the application in relation to relevant improvements (within that meaning) to dwelling houses of—

(i) section 19(2) of the Landlord and Tenant Act 1927 (c. 36) (consent to improvements),

(ii) sections 81 to 85 of the Housing Act 1980 (c. 51) (tenant's improvements),

(iii) sections 97 to 99 of the Housing Act 1985 (c. 68) (tenant's improvements), and

[F5 (iv) section 190 of the Equality Act 2010.]

(4) The Commission may issue a code of practice giving practical guidance to landlords and tenants of houses (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) in Scotland about—

(a) circumstances in which the tenant requires the consent of the landlord to carry out 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 that consent,

(c) circumstances in which any condition imposed on the granting of that 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).

(5) The Commission shall comply with a direction of the [F6 Secretary of State] to issue a code under this section in connection with a specified matter if—

(a) the matter is not [F7 a matter addressed by the Equality Act 2010], but

(b) the [F8 Minister]F8 expects to add it by order under section 15(6).

(6) Before issuing a code under this section the Commission shall—

(a) publish proposals, and

(b) consult such persons as it thinks appropriate.

(7) Before issuing a code under this section the Commission shall submit a draft to the [F9 Secretary of State], who shall—

(a) if he approves the draft—

(i) notify the Commission, and

(ii) lay a copy before Parliament, or

(b) otherwise, give the Commission written reasons why he does not approve the draft.

(8) Where a draft is laid before Parliament under subsection (7)(a)(ii), if neither House passes a resolution disapproving the draft within 40 days—

(a) the Commission may issue the code in the form of the draft, and

(b) it shall come into force in accordance with provision made by the [F9 Secretary of State] by order.

(9) If, or in so far as, a code relates to a duty imposed by or under [F10 section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty)] the [F9 Secretary of State] shall consult the Scottish Ministers and the [F11 Welsh Ministers]F11 before—

(a) approving a draft under subsection (7)(a) above, or

(b) making an order under subsection (8)(b) above.

(10) In relation to a code of practice under subsection (4), the [F9 Secretary of State] shall consult the Scottish Ministers before—

(a) approving a draft under subsection (7)(a) above, or

(b) making an order under subsection (8)(b) above.

Textual Amendments

F1 S. 14(1) substituted (6.7.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 65(2) (with ss. 6(4), 205); S.I. 2010/1736, art. 3(1)(b) (with art. 3(2))

F2 S. 14(1)(i) and preceding word inserted (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 38(3) (with regs. 44-46)

F3 Words in s. 14(2)(a) substituted (6.7.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 65(3) (with ss. 6(4), 205); S.I. 2010/1736, art. 3(1)(b) (with art. 3(2))

F4 Words in s. 14(3)(a) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 65(4)(a) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(v) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

F5 S. 14(3)(c)(iv) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 65(4)(b) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(v) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

F6 Words in s. 14(5) substituted (18.8.2010) by Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 1(2), Sch. para. 7(2)(d)

F7 Words in s. 14(5)(a) substituted (6.7.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 65(5) (with ss. 6(4), 205); S.I. 2010/1736, art. 3(1)(b) (with art. 3(2))

F8 S. 14(5)(7)-(10): "Minister" substituted (12.10.2007) for "Secretary of State" in each place by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 16(d)

F9 Words in s. 14(7)-(10) substituted (18.8.2010) by Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 1(2), Sch. para. 7(2)(d)

F10 Words in s. 14(9) substituted (5.4.2011) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 65(6) (with ss. 6(4), 205); S.I. 2011/1066, art. 2(g)(ii)

F11 Words in s. 14(9) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 114 the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - Government of Wales Act 2006 (c. 32), ss. 46, 161(5)