Disability Discrimination Act 2005

17 After section 22 there is inserted—

“22A Commonholds

(1) It is unlawful for any person whose licence or consent is required for the disposal of an interest in a commonhold unit by the unit-holder to discriminate against a disabled person by withholding his licence or consent for the disposal of the interest in favour of, or to, the disabled person.

(2) Where it is not possible for an interest in a commonhold unit to be disposed of by the unit-holder unless some other person is a party to the disposal of the interest, it is unlawful for that other person to discriminate against a disabled person by deliberately not being a party to the disposal of the interest in favour of, or to, the disabled person.

(3) Regulations may provide for subsection (1) or (2) not to apply, or to apply only, in cases of a prescribed description.

(4) Regulations may make provision, for purposes of this section—

(a) as to what is, or as to what is not, to be included within the meaning of “dispose” (and “disposal”);

(b) as to what is, or as to what is not, to be included within the meaning of “interest in a commonhold unit”.

(5) In this section “commonhold unit”, and “unit-holder” in relation to such a unit, have the same meaning as in Part 1 of the Commonhold and Leasehold Reform Act 2002.

(6) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

(7) This section applies only in relation to premises in England and Wales.”