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Disabled People (Duties of Public Authorities) Bill


Disabled People (Duties of Public Authorities) Bill

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       59G            Persons exercising public functions: enforcement of compliance

notices

           (1)           The Commission may apply to a county court (or, in Scotland, a sheriff

court) for an order requiring a person specified by order under section

59A(1) to furnish any information required by a compliance notice if—

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                  (a)                 the person fails to furnish the information to the Commission in

accordance with the notice;

                  (b)                 the Commission has reasonable cause to believe that the person

does not intend to furnish the information.

           (2)           Subsection (3) applies if the Commission considers that a person

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specified by order under section 59A(1) has not, within 3 months of the

date on which a compliance notice was served on it, complied with any

requirement of the notice for that person to comply with a duty

imposed by regulations under section 59A(3).

           (3)           The Commission may apply to a county court (or, in Scotland, a sheriff

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court) for an order requiring the person to comply with that

requirement.

           (4)           If the court is satisfied that the application is well-founded it may grant

the order in—

                  (a)                 the terms applied for;

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                  (b)                 more limited terms.

           (5)           The sanctions mentioned in section 59F and in this section are the only

sanctions for breach of any duty imposed by regulations under section

59A(3).

           (6)           Subsection (5) does not affect the enforcement of any other provision of

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this Act (if the breach is also a contravention of such provision).”

     (2)    Section 67 (regulations and orders) of the 1995 Act is amended as follows—

           (a)           in subsection (4), insert “or 59A(1)” after “50(3)”;

           (b)           after subsection (4), insert—

                  “(4A)                    Subsection (4B) applies if provision as mentioned in section

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59B(4) is included in regulations under section 59A(3) or an

order under section 59A(5).

                  (4B)                    The regulations or order (as the case may be) must not be made

unless a draft of the statutory instrument containing the

regulations or order has been laid before Parliament and

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approved by a resolution of each House.”

           (c)           in subsection (5), insert “, 59D(10)” after “53A(6)(a).”

 2     Commencement

Section 1 of this Act comes into force on such day as the Secretary of State may

by order appoint.

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 3     Short title and extent

     (1)    This Act may be cited as the Disabled People (Duties of Public Authorities) Act

2003.

 

 

Disabled People (Duties of Public Authorities) Bill

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     (2)    This Act does not extend to Northern Ireland.

 

 

 
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