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Disabled People (Duties of Public Authorities) Bill


Disabled People (Duties of Public Authorities) Bill

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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

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           (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

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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

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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.

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           (5)           The Secretary of State may by order vary an order under subsection (1).

 
Bill 3253/2
 
 

Disabled People (Duties of Public Authorities) Bill

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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.

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           (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

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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;

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                  (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.

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           (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

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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

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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

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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

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functions are exercisable only in relation to Wales and includes the

National Assembly for Wales.

 

 

Disabled People (Duties of Public Authorities) Bill

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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

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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.

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           (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

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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

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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.

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           (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

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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

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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.

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           (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.

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Disabled People (Duties of Public Authorities) Bill

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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).

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           (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

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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

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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

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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

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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

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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);

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                  (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.

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           (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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