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A | |
Bill | |
To | |
Make provision in relation to public authorities for the elimination of | |
discrimination against disabled persons and for the promotion of equality of | |
opportunity for such persons. | |
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:— | |
1 Persons exercising public functions: statutory duties | |
(1) In Part 8 of the Disability Discrimination Act 1995 (c. 50) (in this Act referred to | |
as the 1995 Act), before section 60 (appointment by Secretary of State of | |
advisers) there is inserted— | |
“59A Duties of persons exercising public functions | 5 |
(1) The Secretary of State may by order specify persons who, in carrying | |
out their functions, must have regard to the following principles— | |
(a) unlawful discrimination against and unlawful harassment of | |
disabled persons must be eliminated; | |
(b) equalisation of opportunity for disabled persons is to be | 10 |
pursued. | |
(2) But an order under subsection (1) must not specify a person unless he | |
exercises functions of a public nature. | |
(3) The Secretary of State may by regulations require such persons | |
specified in an order under subsection (1) as he considers appropriate | 15 |
to do such things as he considers appropriate for the purpose of | |
ensuring the better performance by those persons of their duties under | |
subsection (1). | |
(4) Before making regulations under subsection (3) the Secretary of State | |
must consult the Disability Rights Commission. | 20 |
(5) The Secretary of State may by order vary an order under subsection (1). | |
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(6) But an order under subsection (5) must not add a person to the persons | |
specified in an order under subsection (1) unless he exercises functions | |
of a public nature. | |
(7) Nothing in this section affects the exercise of a function which is not a | |
function of a public nature. | 5 |
(8) This section is subject to section 59C and does not affect any | |
requirement to comply with any other provision of this Act. | |
59B Persons exercising public functions: supplementary | |
(1) In section 59A(1)— | |
(a) discrimination is discrimination within the meaning of any | 10 |
provision of this Act; | |
(b) discrimination is unlawful if it is unlawful by virtue of any | |
provision of this Act; | |
(c) harassment is harassment within the meaning of any provision | |
of this Act; | 15 |
(d) harassment is unlawful if it is unlawful by virtue of any | |
provision of this Act. | |
(2) Section 59A(1)(b) does not apply to any function relating to the | |
employment of a person for service in any of the naval, military or air | |
forces of the Crown. | 20 |
(3) In section 59A(1) disabled persons include persons who have had a | |
disability; and for this purpose section 1 has effect subject to the | |
modification to Schedule 1 mentioned in paragraph 5 of Schedule 2. | |
(4) A power in section 59A to make an order or regulations includes power | |
to make provision amending or repealing provision made by or under | 25 |
this Act or any other enactment. | |
(5) Subsection (4) does not affect the powers conferred by section 67(2) and | |
(3). | |
59C Persons exercising public functions: Scotland and Wales | |
(1) For the purposes of the Scotland Act 1998 section 59A(3) and (4) and | 30 |
section 67 (so far as it applies to section 59A(3)) are to be taken to be pre- | |
commencement enactments within the meaning of that Act. | |
(2) Before making regulations under section 59A(3) as regards functions | |
exercisable in relation to Wales by a person who is not a Welsh public | |
authority, the Secretary of State must consult the National Assembly | 35 |
for Wales. | |
(3) The Secretary of State must not make regulations under section 59A(3) | |
in relation to functions of a Welsh public authority except with the | |
consent of the National Assembly for Wales. | |
(4) In this section Welsh public authority means any person whose | 40 |
functions are exercisable only in relation to Wales and includes the | |
National Assembly for Wales. | |
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59D Persons exercising public functions: codes of practice | |
(1) The Disability Rights Commission may issue codes of practice in | |
relation to the performance by persons of duties imposed on them by | |
virtue of subsections (1) and (3) of section 59A. | |
(2) A code of practice issued in pursuance of subsection (1) must contain | 5 |
such practical guidance as the Commission thinks fit in relation to the | |
performance of those duties. | |
(3) The Commission must, when requested to do so by the Secretary of | |
State, issue a code of practice dealing with the matters specified in the | |
request. | 10 |
(4) Before the Commission issues a code of practice it— | |
(a) must prepare and publish a draft of the code; | |
(b) must consider any representations made to it about the draft; | |
(c) may modify the draft accordingly. | |
(5) In preparing a draft code of practice the Commission must consult such | 15 |
persons as it thinks fit. | |
(6) After the Commission has acted under subsections (4) and (5) it must | |
submit the draft code of practice to the Secretary of State who must | |
consult the Scottish Ministers and the National Assembly for Wales. | |
(7) After consulting the Scottish Ministers and the Assembly the Secretary | 20 |
of State must— | |
(a) if he approves of the draft code, lay it before both Houses of | |
Parliament; | |
(b) if he does not approve of it, give the Commission a written | |
statement of his reasons. | 25 |
(8) If, within the 40-day period, either House resolves not to approve the | |
draft code there are to be no further proceedings in relation to it. | |
(9) But the passing of a resolution as referred to in subsection (8) does not | |
prevent a new draft being laid before Parliament. | |
(10) If no resolution is passed as referred to in subsection (8) the | 30 |
Commission must issue the code of practice (conforming in all material | |
respects to the draft laid before Parliament) and the code is to come into | |
effect on such day as the Secretary of State may (after consulting the | |
Scottish Ministers and the Assembly) by order appoint. | |
59E Persons exercising public functions: further provisions in relation to | 35 |
codes of practice | |
(1) A code of practice— | |
(a) may be revised in whole or part by the Commission; | |
(b) may be revoked by an order made by the Secretary of State at | |
the request of the Commission. | 40 |
(2) If the Commission revises the whole or any part of a code it must issue | |
the revised code and— | |
(a) section 59D(4) to (10), and | |
(b) subsections (3) and (4) below, | |
apply to the revised code as they apply to the first issue of a code. | 45 |
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(3) An order under subsection (10) of section 59D may contain such | |
transitional provisions or savings as appear to the Secretary of State to | |
be necessary or expedient in connection with the code of practice. | |
(4) Subsection (3) does not affect the powers conferred by section 67(2) and | |
(3). | 5 |
(5) A failure to observe any provision of a code of practice does not by | |
reason only of that failure make a person liable in any civil or criminal | |
proceedings. | |
(6) But a code of practice is admissible in evidence in such proceedings and | |
a court or tribunal may take account of any failure to comply with its | 10 |
provisions in determining any question in the proceedings. | |
(7) In section 59D(8) 40-day period has the same meaning in relation to a | |
draft code of practice as it has in section 3 in relation to a draft of | |
proposed guidance. | |
(8) In section 59D and in this section code of practice means a code of | 15 |
practice issued under section 59D(10) (including a code issued in | |
pursuance of subsection (2) above). | |
59F Persons exercising public functions: compliance notices | |
(1) If the Commission is satisfied that a person has failed to comply with or | |
is failing to comply with any duty imposed on him by virtue of | 20 |
regulations under section 59A(3) the Commission may serve on that | |
person a notice (a compliance notice). | |
(2) A compliance notice must require the person concerned— | |
(a) to comply with the duty concerned; | |
(b) before the end of the period of 28 days beginning with the day | 25 |
on which the notice is served, to inform the Commission of the | |
steps that the person has taken, or is taking, to comply with the | |
duty. | |
(3) A compliance notice may also require the person concerned to furnish | |
the Commission with such other written information as may be | 30 |
reasonably required by the notice in order to verify that the person has | |
complied with the duty. | |
(4) The notice may specify— | |
(a) the time at which information is to be furnished to the | |
Commission under subsection (3); | 35 |
(b) the manner and form in which the information is to be | |
furnished. | |
(5) The time specified for the purposes of subsection (4)(a) must not be | |
later than the end of the period of three months beginning with the day | |
on which the notice is served. | 40 |
(6) A compliance notice must not require a person to furnish information | |
which the person could not be compelled to furnish in evidence in civil | |
proceedings before the High Court or the Court of Session. | |
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