Vote Bundle Text (990518-02)

Amendments proposed to the Disability Rights Commission Bill [Lords] - continued	House of Commons

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Mrs Margaret Hodge

*Clause 5, page 4, line 22, leave out '5 or'.

Mrs Margaret Hodge

*Clause 5, page 4, line 28, at end insert—

'() Schedule 3 (so far as relating to agreements under this section) has effect.'.

Mrs Margaret Hodge

*Schedule 3, page 14, leave out lines 5 to 8 and insert 'whether—

(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 which has become final) 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.'.

Mrs Margaret Hodge

*Schedule 3, page 14, line 17, leave out 'requirements mentioned in sub-paragraph (1)(b)' and insert 'requirement or undertaking mentioned in sub-paragraph (1)(b) or (c)'.

Mrs Margaret Hodge

*Schedule 3, page 14, line 23, leave out 'requirements mentioned in sub-paragraph (1)(b)' and insert 'requirement or undertaking mentioned in sub-paragraph (1)(b) or (c)'.

Mrs Margaret Hodge

*Schedule 3, page 14, line 26, leave out from 'he' to 'committing' and insert 'may have committed or may be'.

Mrs Margaret Hodge

*Schedule 3, page 14, line 32, at end insert—

'( ) If the Commission refuses to receive oral representations from a person under sub-paragraph (7), it shall give reasons in writing for its objection.'.

Mrs Margaret Hodge

*Schedule 3, page 16, line 7, at end insert—

'( ) If the Commission refuses to receive oral representations from a person under sub-paragraph (7), it shall give reasons in writing for its objection.'.

Mrs Theresa May
Mrs Angela Browning

Schedule 3, page 16, line 7, at end insert—

'( ) The person concerned may require the Commission to give reasons for that unsuitability in writing.'.

Mrs Margaret Hodge

*Schedule 3, page 16, line 12, leave out 'with the day after' and insert 'on the day after the day on which'.

Mrs Margaret Hodge

*Schedule 3, page 16, line 13, at end insert 'under section 4(1)(b) or (3)'.

Mrs Margaret Hodge

*Schedule 3, page 16, leave out lines 19 to 26 and insert—

'(3) The court or tribunal may quash or, in Scotland, recall any requirement appealed against—

(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.

(4) On quashing or recalling a requirement, the court or tribunal may direct that the non-discrimination notice shall have effect with such modifications as it considers appropriate.

(5) The modifications which may be included in such a direction include—

(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.

(6) Sub-paragraph (1) does not apply to any modifications contained in a direction under sub-paragraph (4).

(7) If the court or tribunal allows an appeal under this paragraph without quashing or recalling the whole of the non-discrimination notice, the Commission may by notice to the person concerned vary the non-discrimination notice—

(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.'.

Mrs Margaret Hodge

*Schedule 3, page 16, line 27, leave out paragraph 11 and insert—

' 11. For the purposes of this Act a non-discrimination notice becomes final when—

(a) an appeal under paragraph 11 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.'.

Mrs Margaret Hodge

*Schedule 3, page 16, line 34, leave out sub-paragraphs (1) and (2) and insert—

'(1) This paragraph applies during the period of five years beginning on the day on which a non-discrimination notice served on a person has become final.

(2) During that period the Commission may apply to a county court or by summary application to the sheriff for an order under this paragraph, if—

(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.

(2A) An order under this paragraph is an order requiring the person concerned to comply with the requirement or with such directions for the same purpose as are contained in the order.'.

Mrs Margaret Hodge

*Schedule 3, page 17, line 3, at end insert—

'( ) The Commission shall, in the case of notices which impose a requirement to propose and finalise an action plan, note on the register the date on which any action plan proposed by the person concerned has become final.'.

Mrs Theresa May
Mrs Angela Browning

Schedule 3, page 17, line 7, at end add—

'(2A) The Commission shall review the register regularly and shall ensure that where action required in a non-discrimination notice has been taken the reference to that notice shall be removed from the register.'.

Mrs Margaret Hodge

*Schedule 3, page 17, line 9, at end insert—

"Part IIA

Action Plans

Introductory

'12A.—(1) This Part of this Schedule applies where a person ("P") has been served with a non-discrimination notice which has become final and includes a requirement for him to propose and finalise an action plan.

(2) In this Part "adequate" in relation to a proposed action plan means adequate (as defined in section 4(4)(b)) for the purposes of that requirement.

The first proposed action plan

12B.—(1) P must serve his proposed action plan on the Commission within such period as may be specified in the non-discrimination notice.

(2) If P fails to do so, the Commission may apply to a county court or by way of summary application to the sheriff for an order directing him to serve his proposed action plan within such time as the order may specify.

(3) Paragraph 15 applies in relation to the enforcement of an order under sub-paragraph (2).

(4) If P serves a proposed action plan on the Commission in response to the non-discrimination notice, or to an order under sub-paragraph (2), the action plan shall become final at the end of the prescribed period, unless the Commission has given notice to P under paragraph 12C.

Revision of first proposed action plan at invitation of Commission

12C.—(1) If the Commission considers that a proposed action plan served on it is not an adequate action plan, the Commission may give notice to P—

(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.

(2) A notice under this paragraph may include recommendations as to action which the Commission considers might be included in an adequate action plan.

(3) If P serves a revised proposed action plan on the Commission in response to a notice under this paragraph, it shall supersede the previous proposed action plan and become final at the end of the prescribed period, unless the Commission has applied for an order under paragraph 12D.

(4) If P does not serve a revised action plan in response to a notice under this paragraph, the action plan previously served on the Commission shall become final at the end of the prescribed period, unless the Commission has applied for an order under paragraph 12D.

Action by Commission as respects inadequate action plan or inadequate revised plan

12D.—(1) If the Commission considers that a proposed action plan served on it is not an adequate action plan it may apply to the county court, or by way of summary application to the sheriff, for an order under this paragraph.

(2) The Commission may not make an application under this paragraph in relation to the first proposed action plan served on it by P (even where it was served in compliance with an order of the court under paragraph 12B(2)) unless—

(a) a notice under paragraph 12C 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 12C(1)(b).

(3) An order under this paragraph is an order—

(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.

(4) If on an application under this paragraph the court does not make an order, the proposed action plan in question shall become final at the end of the prescribed period.

12E.—(1) This paragraph applies where an order of the court under paragraph 12D ("the order") requires P to serve an adequate action plan on the Commission.

(2) Paragraph 15 applies in relation to the enforcement of the order.

(3) If, in response to the order, P serves an action plan on the Commission, that action plan shall become final at the end of the prescribed period unless the Commission has applied under paragraph 15 to enforce the order on the ground that the plan does not comply with the order (and any directions under paragraph 12D(3)(c)).

(4) Where an application is made as mentioned in sub-paragraph (3)—

(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;

(c) if the court does not consider that the action plan in question complies with the order it may (in addition to any other action which it may take) modify the order as it previously had effect with a view to its subsequent operation.

(5) If P fails to serve an action plan within the time specified in the order, the Commission may apply under paragraph 15 to enforce the order and on such an application the court may modify the order as it previously had effect with a view to its subsequent operation.

(6) In any case where the court exercises its discretion under sub-paragraph (4) or (5) to modify the order, this paragraph applies again in relation to the enforcement of the modified order.

Variation of action plans

12F. An action plan which has become final may be varied with immediate effect by agreement in writing between the Commission and P.

Enforcement of action plans

12G.—(1) This paragraph applies during the period of five years beginning on the date on which an action plan drawn up by P becomes final.

(2) If during that period the Commission considers that P has failed to comply with the requirement under section 4(3)(b) to carry out any action specified in the action plan, the Commission may apply to a county court or by summary application to the sheriff for an order under this paragraph.

(3) An order under this paragraph is an order requiring P to comply with that requirement or with such directions for the same purpose as are contained in the order.

(4) Paragraph 15 applies in relation to the enforcement of an order under this paragraph.

Power to obtain information

12H.—(1) For the purposes of determining whether—

(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,

the Commission may serve a notice on any person requiring him to give such information in writing, or copies of documents in his possession or control, relating to those matters as may be described in the notice.

(2) A person may not be required by a notice under this paragraph 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.

(3) The Commission may apply to a county court or by summary application to the sheriff for an order under this sub-paragraph if a person has been served with a notice under this paragraph and fails to comply with it.

(4) An order under this sub-paragraph is an order requiring the person concerned to comply with the notice or with such directions for the same purpose as may be contained in the order.

(5) Paragraph 15 applies in relation to the enforcement of an order under this paragraph.'.