1999 Chapter c.17

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1999 Chapter c.17

An Act to establish a Disability Rights Commission and make provision as to its functions; and for connected purposes.

[27th July 1999]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

(a) to work towards the elimination of discrimination against disabled persons;

(b) to promote the equalisation of opportunities for disabled persons;

(c) to take such steps as it considers appropriate with a view to encouraging good practice in the treatment of disabled persons; and

(d) to keep under review the working of the Disability Discrimination Act 1995 (referred to in this Act as "the 1995 Act") and this Act.

(a) make proposals or give other advice to any Minister of the Crown as to any aspect of the law or a proposed change to the law;

(b) make proposals or give other advice to any Government agency or other public authority as to the practical application of any law;

(c) undertake, or arrange for or support (whether financially or otherwise), the carrying out of research or the provision of advice or information.

"disabled persons" includes persons who have had a disability;

"discrimination" means anything which is discrimination for the purposes of any provision of Part II or Part III of the 1995 Act; and

"the law" includes Community law and the international obligations of the United Kingdom.

(a) nominate one or more commissioners, with or without one or more additional commissioners appointed for the purposes of the investigation, to conduct the investigation on its behalf; and

(b) authorise those persons to exercise such of its functions in relation to the investigation (which may include drawing up or revising terms of reference) as it may determine.

(a) gives details of the unlawful act which the Commission has found that he has committed or is committing; and

(b) requires him not to commit any further unlawful acts of the same kind (and, if the finding is that he is committing an unlawful act, to cease doing so).

(a) to propose an adequate action plan (subject to and in accordance with Part III of Schedule 3) with a view to securing compliance with the requirement mentioned in subsection (1)(b); and

(b) once an action plan proposed by him has become final, to take any action which-

(i) is specified in the plan; and

(ii) he has not already taken,

at the time or times specified in the plan.

(a) an action plan is a document drawn up by the person concerned specifying action (including action he has already taken) intended to change anything in his practices, policies, procedures or other arrangements which-

(i) caused or contributed to the commission of the unlawful act concerned; or

(ii) is liable to cause or contribute to a failure to comply with the requirement mentioned in subsection (1)(b); and

(b) an action plan is adequate if the action specified in it would be sufficient to ensure, within a reasonable time, that he is not prevented from complying with that requirement by anything in his practices, policies, procedures or other arrangements;

(a) the Commission undertakes not to take any relevant enforcement action in relation to the unlawful act in question; and

(b) the person concerned undertakes-

(i) not to commit any further unlawful acts of the same kind (and, where appropriate, to cease committing the unlawful act in question); and

(ii) to take such action (which may include ceasing an activity or taking continuing action over any period) as may be specified in the agreement.

(a) beginning a formal investigation into the commission by the person concerned of the unlawful act in question;

(b) if such an investigation has begun (whether or not the investigation is confined to that matter), taking any further steps in the investigation of that matter; and

(c) taking any steps, or further steps, with a view to the issue of a non-discrimination notice based on the commission of the unlawful act in question.

(a) caused or contributed to the commission of the unlawful act in question; or

(b) is liable to cause or contribute to a failure to comply with his undertaking under subsection (2)(b)(i).

(a) may include terms providing for incidental or supplementary matters (including the termination of the agreement, or the right of either party to terminate it, in certain circumstances); and

(b) may be varied or revoked by agreement of the parties.

(a) the other party to an agreement under this section has failed to comply with any undertaking under subsection (2)(b); or

(b) the Commission has reasonable cause to believe that he intends not to comply with any such undertaking.

(a) a non-discrimination notice served on a person,

(b) a finding by a court or tribunal in proceedings under section 8 or 25 of the 1995 Act that a person has committed an act which is unlawful discrimination for the purposes of any provision of Part II or Part III of that Act, or

(c) a finding by a court or tribunal in any other proceedings that a person has committed an act of a description prescribed under subsection (4)(b),

(a) proceedings which an individual has brought or proposes to bring under section 8 or 25 of the 1995 Act (complaints and claims about unlawful discrimination under Parts II and III); and

(b) proceedings of a description prescribed for the purposes of this subsection, being proceedings in which an individual who has or has had a disability relies or proposes to rely on a matter relating to that disability.

(a) that the case raises a question of principle;

(b) that it is unreasonable to expect the applicant to deal with the case unaided (because of its complexity, because of the applicant's position in relation to another party or for some other reason);

(c) that there is some other special consideration which makes it appropriate for the Commission to provide assistance.

(a) provide or arrange for the provision of legal advice;

(b) arrange for legal or other representation (which may include any assistance usually given by a solicitor or counsel);

(c) seek to procure the settlement of any dispute;

(d) provide or arrange for the provision of any other assistance which it thinks appropriate.

(a) the Commission has given an individual assistance under section 7 in relation to any proceedings; and

(b) any costs or expenses (however described) have become payable to him by another person in respect of the matter in connection with which the assistance is given.

(a) any charge under the Legal Aid Act 1988 and any provision in that Act for payment of any sum to the Legal Aid Board; and

(b) any charge or obligation for payment in priority to other debts under the Legal Aid (Scotland) Act 1986 and any provision in that Act for payment of any sum into the Scottish Legal Aid Fund.

(a) different provision for different cases or areas;

(b) provision enabling a person to exercise a discretion in dealing with any matter; and

(c) incidental, supplemental, consequential or transitional provision.

"Commission" means the Disability Rights Commission;

"final", in relation to a non-discrimination notice, has the meaning given by paragraph 11 of Schedule 3;

"formal investigation" means an investigation under section 3;

"non-discrimination notice" means a notice under section 4;

"notice" means notice in writing;

"prescribed" means prescribed in regulations made by the Secretary of State; and

"the 1995 Act" means the Disability Discrimination Act 1995.

(a) section 14(1), in relation to paragraphs 1, 2 and 4 of Schedule 4; and

(b) section 14(2), in relation to the repeal of words in the House of Commons Disqualification Act 1975, the Northern Ireland Assembly Disqualification Act 1975 and section 70(7) of the 1995 Act.

(a) without the consent of the chairman he has failed to attend meetings of the Commission during a continuous period of six months beginning not earlier than nine months before the termination;

(b) he has become bankrupt, has had his estate sequestrated or has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(c) he is otherwise unable or unfit to carry out his functions as a commissioner.

(a) shall hold and vacate that office in accordance with the terms of his appointment,

(b) may resign that office by notice in writing to the Secretary of State, and

(c) shall cease to hold that office if he ceases to be a commissioner.

(a) pay to any commissioner such remuneration or expenses; and

(b) pay, or make provision for the payment of, such sums by way of pensions, allowances or gratuities to or in respect of any commissioner,

(a) a chief executive appointed by the Commission, subject to the approval of the Secretary of State; and

(b) such other employees as the Commission may appoint, subject to the approval of the Secretary of State as to numbers and terms and conditions of service.

(a) keep proper accounts and proper records in relation to the accounts,

(b) prepare a statement of accounts in respect of each accounting year, and

(c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General not later than the 31st August following the end of the accounting year to which it relates.

(a) a report on anything done by the Commission, in the performance of its functions under section 2(1)(a) to (c), jointly or otherwise in co-operation with any other organisation;

(b) a general survey of developments in matters within the scope of the Commission's functions; and

(c) proposals for the Commission's activities in the current year.

(a) to an investigation to which paragraph 3 of Schedule 3 applies,

(b) to assistance under section 7, or

(c) otherwise to a particular individual or individuals.

(a) pay such remuneration or expenses to any additional commissioner as the Secretary of State may determine, and

(b) pay, or make provision for the payment of, such sums by way of pensions, allowances or gratuities to or in respect of any additional commissioner as the Secretary of State may determine.

(a) without reasonable excuse he has failed to carry out his duties during a continuous period of three months beginning not earlier than six months before the termination;

(b) he has become bankrupt, has had his estate sequestrated or has made a composition or arrangement with, or granted a trust deed for, his creditors; or

(c) he is otherwise unable or unfit to carry out his duties.

(a) terms of reference for the investigation have been drawn up; and

(b) notice of the holding of the investigation and the terms of reference has been served or published as required by sub-paragraph (3) or (4).

(a) if the investigation is held at the direction of the Secretary of State, by the Secretary of State after consulting the Commission; and

(b) in any other case, by the Commission.

(a) a person has committed or is committing any unlawful act;

(b) any requirement imposed by a non-discrimination notice served on a person (including a requirement to take action specified in an action plan) has been or is being complied with;

(c) any undertaking given by a person in an agreement made with the Commission under section 5 is being or has been complied with.

(a) it has reason to believe that the person concerned may have committed or may be committing the act in question, or

(b) that matter is to be investigated in the course of a formal investigation into his compliance with any requirement or undertaking mentioned in sub-paragraph (1)(b) or (c).

(a) to give such written information as may be described in the notice; or

(b) to attend and give oral information about any matter specified in the notice, and to produce all documents in his possession or control relating to any such matter.

(a) to give information, or produce a document, which he could not be compelled to give in evidence, or produce, in civil proceedings before the High Court or the Court of Session; or

(b) to attend at any place unless the necessary expenses of his journey to and from that place are paid or tendered to him.

(a) a person has been served with a notice under paragraph 4; and

(b) he fails to comply with it or the Commission has reasonable cause to believe that he intends not to comply with it.

(a) recommendations to any person for changes in his policies or procedures, or as to any other matter, with a view to promoting the equalisation of opportunities for disabled persons or persons who have had a disability, or

(b) recommendations to the Secretary of State, for changes in the law or otherwise.

(a) publication of that matter might, in the Commission's opinion, prejudicially affect that individual or person, and

(b) its exclusion is consistent with the Commission's duties and the object of the report.

(a) informing him that the Commission is considering issuing a non-discrimination notice and of the grounds for doing so,

(b) offering him the opportunity to make written and oral representations.

(a) to an employment tribunal, so far as the requirement relates to acts within the tribunal's jurisdiction; and

(b) to a county court or a sheriff court, so far as the requirement relates to acts which are not within the jurisdiction of an employment tribunal.

(a) if it considers the requirement to be unreasonable; or

(b) in the case of a requirement imposed under section 4(1)(b), if it considers that the Commission's finding that the person concerned had committed or is committing the unlawful act in question was based on an incorrect finding of fact.

(a) the substitution of a requirement in different terms; and

(b) in the case of a requirement imposed under section 4(1)(b), modifications to the details given under section 4(1)(a) so far as necessary to describe any unlawful act on which the requirement could properly have been based.

(a) by revoking or altering any recommendation included in pursuance of the Commission's power under section 4(2); or

(b) by making new recommendations in pursuance of that power.

(a) an appeal under paragraph 10 is dismissed, withdrawn or abandoned or the time for appealing expires without an appeal having been brought; or

(b) an appeal under that paragraph is allowed without the whole notice being quashed or, in Scotland, recalled.

(a) it appears to the Commission that the person concerned has failed to comply with any requirement imposed by the notice under section 4(1)(b); or

(b) the Commission has reasonable cause to believe that he intends not to comply with any such requirement.

(a) the register to be available for inspection at all reasonable times, and

(b) certified copies of any entry to be provided if required by any person.

(a) stating its view that the plan is not adequate; and

(b) inviting him to serve on the Commission a revised action plan which is adequate, within such period as may be specified in the notice.

(a) a notice under paragraph 16 has been served on P in relation to that proposed action plan; and

(b) P has not served a revised action plan on the Commission in response to it within the period specified in the notice under paragraph 16(1)(b).

(a) declaring that the proposed action plan in question is not an adequate action plan;

(b) requiring P to revise his proposals and serve on the Commission an adequate action plan within such period as the order may specify; and

(c) containing such directions (if any) as the court considers appropriate as to the action which should be specified in the adequate action plan required by the order.

(a) if the Commission withdraws its application, the action plan in question shall become final at the end of the prescribed period;

(b) if the court considers that the action plan in question complies with the order, that action plan shall become final at the end of the prescribed period.

(a) an action plan proposed by P is an adequate action plan; or

(b) P has complied or is complying with the requirement to take the action specified in an action plan which has become final,

(a) a formal investigation; or

(b) the exercise of any of its functions in relation to non-discrimination notices, action plans and agreements under section 5,

(a) on the order of a court,

(b) with the informant's consent,

(c) in the form of a summary or other general statement published by the Commission which does not identify the informant or any other person to whom the information relates,

(d) in a report of the investigation published by the Commission,

(e) to a commissioner, an additional commissioner or an employee of the Commission, or, so far as is necessary for the proper performance of the Commission's functions, to other persons, or

(f) for the purpose of any civil proceedings to which the Commission is a party, or of any criminal proceedings.

(a) for subsection (1) there shall be substituted-

(b) subsection (3) shall be omitted (but without prejudice to the operation of paragraph 4(3)(b) of this Schedule); and

(c) in subsection (4), for the words "the party injured by the refusal or neglect" there shall be substituted the words "the Disability Rights Commission for expenses incurred or wasted in consequence of the failure to comply with the order concerned".

(a) notwithstanding section 15 of the Contempt of Court Act 1981, the sheriff shall not commit the person to prison; and

(b) the sheriff may grant decree in favour of the Commission for such amount of any fine imposed for the contempt as appears to the sheriff to be appropriate in respect of the expense incurred or wasted by the Commission (including the expenses of any proceedings under this Schedule) in consequence of the failure to comply with the order.

(a) deliberately alters, suppresses, conceals or destroys a document to which a notice under paragraph 4 or 21, or an order under paragraph 5 or 21(3), relates; or

(b) in complying with-

(i) a notice under paragraph 4 or 21;

(ii) a non-discrimination notice;

(iii) an agreement under section 5; or

(iv) an order of a court under section 5(8) or under any provision of this Schedule,

makes any statement which he knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(a) against any person at any place at which he has an office or other place of business;

(b) against an individual at any place where he resides, or at which he is for the time being.

(a) in the case of a body corporate, be served on the secretary or clerk of that body;

(b) in the case of a partnership, be served on any partner or a person having control or management of the partnership business;

(c) in the case of an unincorporated association (other than a partnership), may be served on any member of its governing body.

(a) in the case of a body corporate, its secretary or clerk, the address of its registered or principal office in the United Kingdom;

(b) in the case of an unincorporated association (other than a partnership) or a member of its governing body, its principal office in the United Kingdom;

(c) in any other case, his usual or last-known address (whether of his residence or of a place where he carries on business or is employed).

(a) supplementing Part I or II of this Schedule in connection with any matter concerned with the conduct of formal investigations or the procedure for issuing non-discrimination notices; or

(b) amending Part III of this Schedule in relation to the procedures for finalising action plans.