PART IVF2DISCRIMINATION AND HARASSMENT IN OTHER FIELDS

Annotations:
Amendments (Textual)
F2

SR 2003/520

Goods, facilities, services and premises

Exception from Articles 28(1) and 29; small dwellings30

1

Where the conditions mentioned in paragraph (2) are satisfied—

a

Article 28(1) does not apply to the provision by a person of accommodation in any premises;

b

Article 29(1) does not apply to the disposal by a person of any premises;

c

Article 29(4) does not apply to the withholding of any consent or licence.

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 Article, premises are “small premises” if they fall within paragraph (4) or (5).

4

Premises fall within this paragraph 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 paragraph if there is not normally residential accommodation on the premises for more than 6 persons in addition to the relevant occupier and any members of his household.

6

For the purposes of this Article “the relevant occupier” means—

a

in a case falling within Article 28(1), the person providing the accommodation or a near relative of his;

b

in a case falling within Article 29(1), the person with power to dispose of the premises, or a near relative of his;

c

in a case falling within Article 29(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 Article “near relative” means a person's spouseF1 or civil partner, parent, child, grandparent, grandchild, or brother or sister (whether of full or half blood orF1 by marriage or civil partnership).