59G Persons exercising public functions: enforcement of compliance
(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—
(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
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
court) for an order requiring the person to comply with that
(4) If the court is satisfied that the application is well-founded it may grant
the order in—
(a) the terms applied for;
(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
(6) Subsection (5) does not affect the enforcement of any other provision of
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
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
approved by a resolution of each House.”
(c) in subsection (5), insert “, 59D(10)” after “53A(6)(a).”
Section 1 of this Act comes into force on such day as the Secretary of State may
by order appoint.
3 Short title and extent
(1) This Act may be cited as the Disabled People (Duties of Public Authorities) Act