Commentary on Sections Part 3: Access to Services etc Schedule 3: Excluded residential tenancy agreements Section 33: Discrimination
174.This section requires the Secretary of State to issue a code of practice to landlords and agents specifying how to avoid contravening the Equality Act 2010 or the Race Relations (Northern Ireland) Order 1997 while avoiding liability for a civil penalty. The Secretary of State must review that code of practice from time to time and any revisions that are made to it must be laid before Parliament.
175.Subsections (3) and (4) provide that before issuing the code of practice, the Secretary of State must consult with the Commission for Equality and Human Rights, the Equality Commission for Northern Ireland and persons representing the interests of landlords and tenants as considered appropriate before issuing or reissuing the code. A draft code must be laid before Parliament following consultation and consideration of representations made under subsection (4)(b), with or without modifications to reflect the representations, and will come into force by order of the Secretary of State. A breach of this code will not make a person liable to civil or criminal proceedings, but may be taken into account by a court or tribunal (subsection (6)).
176.The Government has published a prototype code of practice on discrimination.(24)