Disability Rights Commission Bill [H.L.]
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A
B I L L
INTITULED
An Act to establish a Disability Rights Commission and make provision as to its functions; and for connected purposes.
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:-
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| The Disability Rights Commission. |
1. - (1) There shall be a body known as the Disability Rights Commission (referred to in this Act as "the Commission").
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(2) The Secretary of State shall pay to the Commission such sums as he thinks fit to enable it to meet its expenses.
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(3) Schedule 1 (the Commission's constitution and related matters) has effect.
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(4) The National Disability Council (which is superseded by the Commission) is abolished.
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| General functions. |
2. - (1) The Commission shall have the following duties-
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(a) to work towards the elimination of discrimination against disabled persons; |
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(b) to promote the equalisation of opportunities for disabled persons in all fields of activity; and |
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(c) to keep under review the working of the Disability Discrimination Act 1995 (referred to in this Act as "the 1995 Act") and this Act. |
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(2) The Commission may encourage good practice regarding the treatment of disabled persons in any field of activity.
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(3) The Commission may, for any purpose connected with the performance of its functions-
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(a) make proposals or give other advice to any Minister of the Crown as to any aspect of the law or a proposed change to the law; |
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(b) undertake, or arrange for or support (whether financially or otherwise) the carrying out of research or the provision of advice or information. |
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Nothing in this subsection is to be regarded as limiting the Commission's powers.
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(4) The Commission shall make proposals or give other advice under subsection (3)(a) on any matter specified in a request from a Minister of the Crown.
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(5) The Commission may make charges for facilities or services made available by it for any purpose.
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(6) In this section-
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"disabled persons" includes persons who have had a disability; |
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"discrimination" means anything which is discrimination for the purposes of any provision of Part II or Part III of the 1995 Act; and |
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"the law" includes Community law and the international obligations of the United Kingdom. |
| Formal investigations. |
3. - (1) The Commission may decide to conduct a formal investigation for any purpose connected with the performance of its duties under section 2(1).
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(2) The Commission shall conduct a formal investigation if directed to do so by the Secretary of State for any such purpose.
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(3) The Commission may at any time decide to stop or to suspend the conduct of a formal investigation; but any such decision requires the approval of the Secretary of State if the investigation is being conducted in pursuance of a direction under subsection (2).
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(4) The Commission may, as respects any formal investigation which it has decided or been directed to conduct-
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(a) nominate one or more commissioners, with or without one or more additional commissioners appointed for the purposes of the investigation, to conduct the investigation on its behalf; and |
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(b) authorise those persons to exercise such of its functions in relation to the investigation (which may include drawing up or revising terms of reference) as it may determine. |
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(5) Schedule 2 (appointment and tenure of office of additional commissioners) and Schedule 3 (so far as relating to the conduct of formal investigations) have effect.
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| Non-discrimination notices. |
4. - (1) If in the course of a formal investigation the Commission makes a finding that a person has committed or is committing an unlawful act it may (having complied with paragraph 8 of Schedule 3) issue a non-discrimination notice addressed to that person.
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(2) The notice shall-
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(a) state that the Commission has found that the person to whom it is addressed has committed or is committing the unlawful act concerned; and |
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(b) require him not to commit (and if appropriate to cease committing) any unlawful act of a description specified in the notice. |
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(3) The Secretary of State may make regulations authorising the imposition of other requirements in a non-discrimination notice.
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(4) The regulations may, in particular, authorise the inclusion in a non-discrimination notice of provisions requiring the person to whom the notice is addressed-
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(a) to take steps with a view to avoiding the commission by him of unlawful acts and to inform the Commission that he has taken them; |
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(b) to inform the Commission of any other steps which he needs to take in order to comply with the notice, and when he proposes to take them; |
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(c) to give the Commission any other information for the purpose of verifying that the notice has been complied with; and |
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(d) to take steps with a view to making available to other persons any information about the notice or the things it requires to be done. |
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(5) The regulations may provide for a non-discrimination notice to specify the time within which any requirements included by virtue of the regulations are to be complied with.
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(6) In this section "unlawful act" means an act which is unlawful discrimination for the purposes of any provision of Part II or Part III of the 1995 Act or any other unlawful act of a description prescribed for the purposes of this section.
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(7) Schedule 3 (so far as relating to the procedure for issuing non-discrimination notices, appeals and the keeping of a public register) has effect.
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| Agreements in lieu of enforcement action. |
5. - (1) The Commission may enter into an agreement under this section with any person if-
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(a) the Commission has reason to believe that person may have committed or may be committing any unlawful acts; and |
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(b) the Commission is conducting, or has decided or been directed to conduct, a formal investigation into that matter; |
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and it is immaterial for this purpose whether or not the investigation is confined to that matter.
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(2) An agreement under this section is one by which-
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(a) the Commission undertakes- |
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(i) not to take any further steps in the investigation of the unlawful acts in question; and
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(ii) if the Commission has made a finding that any of the unlawful acts in question were committed, not to take any steps or further steps with a view to the issue of a non-discrimination notice based on that finding; and
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(b) the person concerned undertakes to comply with such requirements as may be specified in the agreement, being requirements which may be included in non-discrimination notices. |
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(3) Those undertakings are binding on the parties to the agreement; but undertakings under subsection (2)(b) are enforceable by the Commission only as provided by subsection (6).
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(4) The Secretary of State may make regulations authorising the inclusion in agreements under this section of other terms than those mentioned in subsection (2) (which may include terms providing for the termination of the agreement or for a party to have the right to terminate it); but those terms are not enforceable by the Commission under subsection (6).
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(5) An agreement under this section-
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(a) shall be in writing; and |
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(b) may be varied or revoked by agreement of the parties. |
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(6) The Commission may apply to a county court or by summary application to the sheriff for an order under this subsection if-
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(a) the other party to an agreement under this section has failed to comply with any undertaking under subsection (2)(b); or |
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(b) the Commission has reasonable cause to believe that he intends not to comply with any such undertaking. |
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(7) An order under subsection (6) is an order requiring the other party to comply with the undertaking or with such directions for the same purpose as are contained in the order.
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(8) Such an order is enforceable by the court in the same way as an order under paragraph 5 or 12 of Schedule 3.
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(9) Nothing in this section affects the Commission's powers to settle or compromise legal proceedings of any description.
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(10) In this section "unlawful act" means an act which is unlawful discrimination for the purposes of any provision of Part II or Part III of the 1995 Act or any other unlawful act of a description prescribed for the purposes of this section.
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| Assistance in relation to proceedings. |
6. - (1) This section applies to-
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(a) proceedings which an individual has brought or proposes to bring under section 8 or 25 of the 1995 Act (complaints and claims about unlawful discrimination under Parts II and III); and |
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(b) proceedings of a description prescribed for the purposes of this subsection, being proceedings in which an individual who has or has had a disability relies or proposes to rely on a matter relating to that disability. |
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(2) Where the individual concerned applies to the Commission for assistance in relation to any proceedings to which this section applies, the Commission may grant the application on any of the following grounds-
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(a) that the case raises a question of principle; |
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(b) that it is unreasonable to expect the applicant to deal with the case unaided (because of its complexity, because of the applicant's position in relation to another party or for some other reason); |
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(c) that there is some other special consideration which makes it appropriate for the Commission to provide assistance. |
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(3) If the Commission grants an application, it may-
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(a) provide or arrange for the provision of legal advice; |
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(b) arrange for legal or other representation (which may include any assistance usually given by a solicitor or counsel); |
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(c) seek to procure the settlement of any dispute; |
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(d) provide any other assistance which it thinks appropriate. |
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(4) Subsection (3)(b) does not affect the law and practice as to who may represent a person in relation to any proceedings.
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(5) The Commission may authorise any employee of the Commission to exercise such of its functions under this section as it may determine.
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| Recovery of expenses of providing assistance. |
7. - (1) This section applies where-
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(a) the Commission has given an individual assistance under section 6 in relation to any proceedings; and |
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(b) any costs or expenses (however described) have become payable to him by another person in respect of the matter in connection with which the assistance is given. |
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(2) A sum equal to any expenses incurred by the Commission in providing the assistance shall be a first charge for the benefit of the Commission on the costs or expenses concerned.
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(3) It is immaterial for the purposes of this section whether the costs or expenses concerned are payable by virtue of a decision of a court or tribunal, an agreement arrived at to avoid proceedings or to bring them to an end, or otherwise.
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(4) The charge created by this section is subject to-
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(a) any charge under the Legal Aid Act 1988 and any provision in that Act for payment of any sum to the Legal Aid Board; and |
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(b) any charge or obligation for payment in priority to other debts under the Legal Aid (Scotland) Act 1986 and any provision in that Act for payment of any sum into the Scottish Legal Aid Fund. |
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(5) Provision may be made by regulations made by the Secretary of State for the determination of the expenses of the Commission in cases where this section applies.
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| Codes of practice. |
8. - (1) The following section shall be inserted at the beginning of Part VII of the 1995 Act (supplemental)-
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| "Codes of practice. |
53A. - (1) The Disability Rights Commission may prepare and issue codes of practice giving practical guidance-
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(a) to employers, service providers or other persons to whom provisions of Part II or Part III apply on how to avoid discrimination or on any other matter relating to the operation of those provisions in relation to them; or |
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(b) to any persons on any other matter, with a view to- |
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(i) promoting the equalisation of opportunities for disabled persons and persons who have had a disability, or
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(ii) encouraging good practice regarding the treatment of such persons,
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in any field of activity regulated by any provision of Part II or Part III. |
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(2) The Commission shall, when requested to do so by the Secretary of State, prepare a code of practice dealing with the matters specified in the request.
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(3) In preparing a code of practice the Commission shall carry out such consultations as it considers appropriate (which shall include the publication for public consultation of proposals relating to the code).
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(4) The Commission may not issue a code of practice unless-
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(a) a draft of it has been submitted to and approved by the Secretary of State and laid by him before both Houses of Parliament; and |
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(b) the 40 day period has elapsed without either House resolving not to approve the draft. |
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(5) If the Secretary of State does not approve a draft code of practice submitted to him he shall give the Commission a written statement of his reasons.
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(6) A code of practice issued by the Commission-
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(a) shall come into effect on such day as the Secretary of State may by order appoint; |
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(b) may be revised in whole or part, and re-issued, by the Commission; and |
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(c) may be revoked by an order made by the Secretary of State at the request of the Commission. |
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(7) Where the Commission proposes to revise a code of practice-
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(a) it shall comply with subsection (3) in relation to the revisions; and |
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(b) the other provisions of this section apply to the revised code of practice as they apply to a new code of practice. |
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(8) Failure to observe any provision of a code of practice does not of itself make a person liable to any proceedings, but any provision of a code which appears to a court or tribunal to be relevant to any question arising in any proceedings under Part II or Part III may be taken into account in determining that question.
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(9) In this section-
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"code of practice" means a code of practice under this section; |
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"discrimination" means anything which is unlawful discrimination for the purposes of any provision of Part II or Part III; and |
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"40 day period" has the same meaning in relation to a draft code of practice as it has in section 3 in relation to draft guidance." |
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(2) The Commission may treat any consultation undertaken by the National Disability Council under section 52(2) of the 1995 Act as being as effective for the purposes of section 53A(3) of that Act as if it had been undertaken by the Commission.
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(3) Nothing in this section affects the Commission's powers apart from this section to give practical guidance on matters connected with its functions.
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