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Discrimination (Amendment of Law) (Jersey) Regulations 2021

Made                                                                                                          21st July 2021

Coming into force                                                                                 28th July 2021

THE STATES make these Regulations under Articles 5 and 47 of the Discrimination (Jersey) Law 2013 –

1        Amendment of Discrimination (Jersey) Law 2013

These Regulations amend the Discrimination (Jersey) Law 2013.

2        Article 24 (disposal or management of premises) amended

In Article 24 –

(a)     after paragraph (4) there is inserted –

“(4A) A person promoting the disposal of premises must not discriminate against the subject in marketing the premises or negotiating in relation to them, including in providing any marketing or promotional material or in its content.”;

(b)     in paragraph (5) for “paragraph 13” there is substituted “paragraph 41”.

3        Schedule 2 Part 4 (exception to prohibited acts: age) amended

For paragraph 41 of Schedule 2 there is substituted –

“41    Age: premises

(1)     An act of discrimination is not prohibited by Article 23 or Article 24 in relation to the protected characteristic of age.

(2)     However, in relation to Article 24, sub-paragraph (1) does not apply to permit a person to discriminate against a person who intends to live, or who is interested in living, in premises with a child under the age of 18, whether or not that child lives part of the time elsewhere.

(3)     Sub-paragraph (2) does not apply in respect of premises –

(a)     registered under Article 5 of the Tourism (Jersey) Law 1948;

(b)     used as part of a care home service (within the meaning of paragraph 1 of Schedule 1 to the Regulation of Care (Jersey) Law 2014); or

(c)     reserved or intended for particular categories of people, including on grounds of age.

(4)     It is a defence to a complaint in respect of an act prohibited by Article 24 and falling within sub-paragraph (2) of this paragraph, for the person alleged to have done the act to show that not doing so would create a hazard within the meaning of the Public Health and Safety (Rented Dwellings) (Jersey) Law 2018.”.

4        Citation and commencement

These Regulations may be cited as the Discrimination (Amendment of Law) (Jersey) Regulations 2021 and come into force 7 days after they are made.

 


Page Last Updated: 21 Jul 2021