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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— | 5 |
(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 | 10 |
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 | 15 |
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; | 20 |
(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 | 25 |
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 | 30 |
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 | 35 |
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. | 40 |
3 Short title and extent | |
(1) This Act may be cited as the Disabled People (Duties of Public Authorities) Act | |
2003. | |
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