Equality Act 2006

27 Conciliation E+W+S

[F1 (1) The Commission may make arrangements for the provision of conciliation services for disputes in respect of which proceedings have been or could be determined by virtue of section 114[F2 or 116] of the Equality Act 2010.]

F3 [F4 ( 1A ) The Commission may make arrangements for the provision of conciliation services for disputes in respect of which proceedings have been or could be brought in England and Wales or Scotland under regulation 9 of the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007 (civil proceedings).]

[F5 (1B) The Commission may make arrangements for the provision of conciliation services for disputes in respect of which proceedings have been or could be brought in England and Wales or Scotland under regulation 11 of the Rail Passengers’ Rights and Obligations Regulations 2010 (compensation claims by disabled persons and persons with reduced mobility). ]

F4 (2) The Commission may make arrangements for the provision of conciliation services for disputes about a landlord's reasonableness in relation to consent to the making of an improvement to a dwelling in England or Wales where the improvement would be likely to facilitate the enjoyment of the premises by the tenant or another lawful occupier having regard to a disability.

(3) The Commission may make arrangements for the provision of conciliation services for disputes about whether—

(a) it is unreasonable for a landlord of a house (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) in Scotland to withhold consent 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, or

(b) any condition imposed by such a landlord on consenting to the carrying out of such work is unreasonable.

(4) The Commission shall aim to exercise the powers in subsections (1) to (3) so as to ensure that, so far as is reasonably practicable, conciliation services are available to parties who want them.

(5) Information communicated to a person providing conciliation services in accordance with arrangements under this section may not be adduced in legal proceedings without the consent of the person who communicated the information.

(6) None of the following shall participate in the provision of conciliation services for which arrangements are made under this section—

(a) a Commissioner,

(b) a member of the Commission's staff,

(c) a member of a committee established by the Commission, and

(d) an Investigating Commissioner.

(7) The Commission shall make administrative arrangements designed to secure that information in connection with conciliation services provided in accordance with arrangements made under this section is not disclosed to—

(a) a Commissioner, or

(b) a member of the Commission's staff.

(8) But subsection (7) shall not apply to a disclosure—

(a) made with the consent of the parties to the dispute to which it relates,

(b) which does not identify individuals or enable them to be identified, or

(c) of information without which arrangements under this section cannot be made.

(9) In this section “conciliation services” means a service which is provided—

(a) by a person who is not party to a dispute,

(b) to the parties to the dispute, and

(c) with the aim of enabling the dispute to be settled by agreement and without legal proceedings.

(10) The [F6 Secretary of State] may by order amend this section so as to vary the range of disputes in respect of which the Commission may make arrangements for the provision of conciliation services.

Textual Amendments

F1 S. 27(1) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 71(2) (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(vi) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

F2 Words in s. 27(1) inserted (4.4.2011) by The Equality Act 2010 (Public Authorities and Consequential and Supplementary Amendments) Order 2011 (S.I. 2011/1060), arts. 1(2), 7

F3 S. 27(1)(g) and preceding word inserted (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 39(3) (with regs. 44-46)

F4 S. 27(1A) inserted (1.10.2007) by The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007 (S.I. 2007/1895), regs. 1(3), 10

F5 S. 27(1B) inserted (25.6.2010) by The Rail Passengers’ Rights and Obligations Regulations 2010 (S.I. 2010/1504), regs. 1(2), 12

F6 Words in s. 27(10) substituted (18.8.2010) by Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 1(2), Sch. para. 7(2)(f)