PART 3Access to services etc

CHAPTER 1Residential tenancies

Codes of practice

I133Discrimination

1

The Secretary of State must issue a code of practice specifying what a landlord or agent should or should not do to ensure that, while avoiding liability to pay a penalty under this Chapter, the landlord or agent also avoids contravening—

a

the Equality Act 2010, so far as relating to race, or

b

the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)).

2

The Secretary of State must from time to time review the code and may revise and re-issue it following a review.

3

Before issuing the code (or a revised code) the Secretary of State must consult—

a

the Commission for Equality and Human Rights,

b

the Equality Commission for Northern Ireland, and

c

such persons representing the interests of landlords and tenants as the Secretary of State considers appropriate.

4

After consulting under subsection (3) the Secretary of State must—

a

publish a draft code, and

b

consider any representations made about the published draft.

5

The code (or revised code)—

a

may not be issued unless a draft has been laid before Parliament (prepared after considering representations under subsection (4)(b) and with or without modifications to reflect the representations), and

b

comes into force in accordance with provision made by order of the Secretary of State.

6

A breach of the code—

a

does not make a person liable to civil or criminal proceedings, but

b

may be taken into account by a court or tribunal.