Part VII Supplemental
53AF1 Codes of practice.
F21
The Disability Rights Commission may prepare and issue codes of practice giving practical guidance on how to avoid F5acts which are unlawful under Part 2, 3 or 4, or on any other matter relating to the operation of any provision of F6those Parts, to—
a
employers;
b
service providers;
F9ba
public authorities within the meaning given by section 21B;
bb
associations to which section 21F applies;
c
bodies which are responsible bodies for the purposes of Chapter 1 or 2 of Part 4; or
d
other persons to whom the provisions of Parts 2 or 3 or Chapter 2 F10or 2A of Part 4 apply.
1A
The Commission may also prepare and issue codes of practice giving practical guidance to any persons on any other matter with a view to—
a
promoting the equalisation of opportunities for disabled persons and persons who have had a disability; or
b
encouraging good practice in the way such persons are treated,
in any field of activity regulated by any provision of Part 2, 3 or 4.
1B
Neither subsection (1) nor (1A) applies in relation to any duty imposed by or under sections 28D or 28E.
F111C
The Commission may prepare and issue codes of practice giving practical guidance to persons subject to duties under section 49A or 49D on how to perform those duties.
F71D
The Commission may prepare and issue codes of practice giving practical guidance to landlords and tenants as to—
a
circumstances in which a tenant requires the consent of his landlord for making a relevant improvement to a dwelling house;
b
circumstances in which it is unreasonable to withhold such consent;
c
the application of the improvement provisions in relation to relevant improvements to dwelling houses.
1E
In subsection (1D) the improvement provisions are—
a
section 19(2) of the Landlord and Tenant Act 1927;
b
sections 81 to 85 of the Housing Act 1980;
c
sections 97 to 99 of the Housing Act 1985;
d
section 49G above.
F151F
The Commission may prepare and issue codes of practice giving practical guidance to landlords and tenants of houses (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) in Scotland as to—
a
circumstances in which the tenant requires the consent of the landlord to the carrying out of 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 such consent,
c
circumstances in which any condition imposed on the granting of such 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).
2
The Commission shall, when requested to do so by the Secretary of State, prepare a code of practice dealing with the matters specified in the request.
C13
In preparing a code of practice the Commission shall carry out such consultations as it considers appropriate (which shall include the publication for public consultation of proposals relating to the code).
4
The Commission may not issue a code of practice unless—
a
a draft of it has been submitted to and approved by the Secretary of State and laid by him before both Houses of Parliament; and
b
the 40 day period has elapsed without either House resolving not to approve the draft.
F124A
Where a draft of a code of practice that deals with performance of duties under section 49A or 49D is submitted to the Secretary of State for approval, he shall consult the Scottish Ministers and the F20Welsh Ministers before deciding whether to approve it.
F164B
Where a draft code of practice under subsection (1F) is submitted to the Secretary of State for approval, the Secretary of State must, before deciding whether to approve it, consult the Scottish Ministers.
5
If the Secretary of State does not approve a draft code of practice submitted to him he shall give the Commission a written statement of his reasons.
6
A code of practice issued by the Commission—
a
shall come into effect on such day as the Secretary of State may by order appoint;
b
may be revised in whole or part, and re-issued, by the Commission; and
c
may be revoked by an order made by the Secretary of State at the request of the Commission.
F136A
Before appointing a day under subsection (6)(a) for the coming into effect of a code of practice that deals with performance of duties under section 49A or 49D, the Secretary of State shall consult the Scottish Ministers and the F21Welsh Ministers.
F176B
Before appointing a day under subsection (6)(a) for the coming into effect of a code of practice under subsection (1F), the Secretary of State shall consult the Scottish Ministers.
7
Where the Commission proposes to revise a code of practice—
a
it shall comply with subsection (3) in relation to the revisions; and
b
the other provisions of this section apply to the revised code of practice as they apply to a new code of practice.
8
Failure to observe any provision of a code of practice does not of itself make a person liable to any proceedings F3. . ..
F48A
But if a provision of a code of practice appears to a court, tribunal or other body hearing any proceedings under Part 2, 3 F19, 4 or 5A, or any proceedings relating to a relevant improvement, to be relevant, it must take that provision into account.
F188B
Subsection (8A) does not apply to a code of practice under subsection (1F).
9
In this section—
“code of practice” means a code of practice under this section;
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“40 day period” has the same meaning in relation to a draft code of practice as it has in section 3 in relation to draft guidance.
F14“relevant improvement” means an improvement (within the meaning of section 49G(9)) to premises which, having regard to the disability which a disabled person who lawfully occupies or is intended lawfully to occupy the premises has, is likely to facilitate his enjoyment of the premises.