House of Lords Amendments - Disability Rights Commission Bill [H.L.]

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Session 1998-99
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Amendments to the Disability Rights Commission Bill [H.L.]

Disability Rights Commission Bill [H.L.] -
Amendments to be debated in the House of Lords

COMMONS AMENDMENTS

[The page and line refer to Bill 73 as first printed for the Commons.]

Amendment
No.

Clause 2

1      Page 1, line 25, after ("agency") insert ("or other public authority")

Clause 4

2      Page 2, line 36, leave out from ("Commission") to end of line 20 on page 3 and insert ("is satisfied that a person has committed or is committing an unlawful act, it may serve on him a notice (referred to in this Act as a non-discrimination notice) which--
(a)  gives details of the unlawful act which the Commission has found that he has committed or is committing; and

(b)  requires him not to commit any further unlawful acts of the same kind (and, if the finding is that he is committing an unlawful act, to cease doing so).
    (2)  The notice may include recommendations to the person concerned as to action which the Commission considers he could reasonably be expected to take with a view to complying with the requirement mentioned in subsection (1)(b).

    (3)  The notice may require the person concerned--
(a)  to propose an adequate action plan (subject to and in accordance with Part IIA of Schedule 3) with a view to securing compliance with the requirement mentioned in subsection (1)(b); and

(b)  once an action plan proposed by him has become final, to take any action which--

    (i)  is specified in the plan; and

    (ii)  he has not already taken,

at the time or times specified in the plan.

    (4)  For the purposes of subsection (3)--
(a)  an action plan is a document drawn up by the person concerned specifying action (including action he has already taken) intended to change anything in his practices, policies, procedures or other arrangements which--

    (i)  caused or contributed to the commission of the unlawful act concerned; or

    (ii)  is liable to cause or contribute to a failure to comply with the requirement mentioned in subsection (1)(b); and

(b)  an action plan is adequate if the action specified in it would be sufficient to ensure, within a reasonable time, that he is not prevented from complying with that requirement by anything in his practices, policies, procedures or other arrangements;
and the action specified in an action plan may include ceasing an activity or taking continuing action over a period.")

3      Page 3, line 25, leave out from ("to") to ("has") in line 26 and insert ("non-discrimination notices and action plans)")

Clause 5

4      Page 3, line 28, leave out from beginning of line to the end of line 46 and insert--

    ("(1)  If the Commission has reason to believe that a person has committed or is committing an unlawful act, it may (subject to section 3(3)) enter into an agreement in writing under this section with that person on the assumption that that belief is well founded (whether or not that person admits that he committed or is committing the act in question).

    (2)  An agreement under this section is one by which--
(a)  the Commission undertakes not to take any relevant enforcement action in relation to the unlawful act in question; and

(b)  the person concerned undertakes--

    (i)  not to commit any further unlawful acts of the same kind (and, where appropriate, to cease committing the unlawful act in question);

    (ii)  to take such action (which may include ceasing an activity or taking continuing action over any period) as may be specified in the agreement.")

5      Page 4, leave out lines 4 to 11 and insert--

    ("(4)  For the purposes of subsection (2)(a), "relevant enforcement action" means--
(a)  beginning a formal investigation into the commission by the person concerned of the unlawful act in question;

(b)  if such an investigation has begun (whether or not the investigation is confined to that matter), taking any further steps in the investigation of that matter; and

(c)  taking any steps, or further steps, with a view to the issue of a non-discrimination notice based on the commission of the unlawful act in question.
    (5)  The action specified in an undertaking under subsection (2)(b)(ii) must be action intended to change anything in the practices, policies, procedures or other arrangements of the person concerned which--
(a)  caused or contributed to the commission of the unlawful act in question; or

(b)  is liable to cause or contribute to a failure to comply with his undertaking under subsection (2)(b)(i).
    (5A)  An agreement under this section--
(a)  may include terms providing for incidental or supplementary matters (including the termination of the agreement, or the right of either party to terminate it, in certain circumstances); and

(b)  may be varied or revoked by agreement of the parties.
    (5B)  An agreement under this section may not include any provisions other than terms mentioned in subsection (2) and (5A)(a) unless their inclusion is authorised by regulations made by the Secretary of State for the purposes of this section; but any provisions so authorised are not enforceable by the Commission under subsection (6).")

6      Page 4, line 21, leave out subsection (8)

7      Page 4, line 28, at end insert--

    ("(  ) Schedule 3 (so far as relating to agreements under this section) has effect.")

After Clause 5

8      Insert the following new Clause--

    ("  .--(1)  This section applies during the period of five years beginning on the date on which--
(a)  a non-discrimination notice served on a person,

(b)  a finding by a court or tribunal in proceedings under section 8 or 25 of the 1995 Act that a person has committed an act which is unlawful discrimination for the purposes of any provision of Part II or III of that Act; or

(c)  a finding by a court or tribunal in any other proceedings that a person has committed an act of a description prescribed under subsection (4)(b),
has become final.

    (2)  If during that period it appears to the Commission that unless restrained the person concerned is likely to do one or more unlawful acts, the Commission may apply to a county court for an injunction, or to the sheriff for interdict, restraining him from doing so.

    (3)  The court, if satisfied that the application is well-founded, may grant the injunction or interdict in the terms applied for or in more limited terms.

    (4)  In this section "unlawful act" means--
(a)  an act which is unlawful discrimination for the purposes of any provision of Part II or III of the 1995 Act; or

(b)  any other unlawful act of a description prescribed for the purposes of this section.
    (5)  A finding of a court or tribunal becomes final for the purposes of this section when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.") Persistent discrimination.

Clause 12

9      Page 8, line 28, at end insert--
(""final", in relation to a non-discrimination notice, has the meaning given by paragraph 11 of Schedule 3;")

Clause 15

10      Page 9, leave out lines 16 to 19

Schedule 1

11      Page 12, line 28, at end insert--

("List of consultees

    17.--(1)  The Commission shall maintain a list of the organisations it has consulted generally for the purposes of any of its functions.

    (2)  An organisation may be removed from the list if it has not been consulted generally in the 12 months preceding its removal.

    (3)  For the purposes of sub-paragraphs (1) and (2), consultation is general unless it relates only--
(a)  to an investigation to which paragraph 3 of Schedule 3 applies,

(b)  to assistance under section 6, or

(c)  otherwise to a particular individual or individuals.
    (4)  The Commission shall make the list available to the public in whatever way it considers appropriate (subject to any charge it may impose).")

© Parliamentary copyright 1999
Prepared 2 July 1999

Amendment No.
	Clause 2
1	Page 1, line 25, after ("agency") insert ("or other public authority")
	Clause 4
2	Page 2, line 36, leave out from ("Commission") to end of line 20 on page 3 and insert ("is satisfied that a person has committed or is committing an unlawful act, it may serve on him a notice (referred to in this Act as a non-discrimination notice) which-- (a) gives details of the unlawful act which the Commission has found that he has committed or is committing; and (b) requires him not to commit any further unlawful acts of the same kind (and, if the finding is that he is committing an unlawful act, to cease doing so). (2) The notice may include recommendations to the person concerned as to action which the Commission considers he could reasonably be expected to take with a view to complying with the requirement mentioned in subsection (1)(b). (3) The notice may require the person concerned-- (a) to propose an adequate action plan (subject to and in accordance with Part IIA of Schedule 3) with a view to securing compliance with the requirement mentioned in subsection (1)(b); and (b) once an action plan proposed by him has become final, to take any action which-- (i) is specified in the plan; and (ii) he has not already taken,
	at the time or times specified in the plan.
	(4) For the purposes of subsection (3)-- (a) an action plan is a document drawn up by the person concerned specifying action (including action he has already taken) intended to change anything in his practices, policies, procedures or other arrangements which-- (i) caused or contributed to the commission of the unlawful act concerned; or (ii) is liable to cause or contribute to a failure to comply with the requirement mentioned in subsection (1)(b); and (b) an action plan is adequate if the action specified in it would be sufficient to ensure, within a reasonable time, that he is not prevented from complying with that requirement by anything in his practices, policies, procedures or other arrangements; and the action specified in an action plan may include ceasing an activity or taking continuing action over a period.")
3	Page 3, line 25, leave out from ("to") to ("has") in line 26 and insert ("non-discrimination notices and action plans)")
	Clause 5
4	Page 3, line 28, leave out from beginning of line to the end of line 46 and insert-- ("(1) If the Commission has reason to believe that a person has committed or is committing an unlawful act, it may (subject to section 3(3)) enter into an agreement in writing under this section with that person on the assumption that that belief is well founded (whether or not that person admits that he committed or is committing the act in question). (2) An agreement under this section is one by which-- (a) the Commission undertakes not to take any relevant enforcement action in relation to the unlawful act in question; and (b) the person concerned undertakes-- (i) not to commit any further unlawful acts of the same kind (and, where appropriate, to cease committing the unlawful act in question); (ii) to take such action (which may include ceasing an activity or taking continuing action over any period) as may be specified in the agreement.")
5	Page 4, leave out lines 4 to 11 and insert-- ("(4) For the purposes of subsection (2)(a), "relevant enforcement action" means-- (a) beginning a formal investigation into the commission by the person concerned of the unlawful act in question; (b) if such an investigation has begun (whether or not the investigation is confined to that matter), taking any further steps in the investigation of that matter; and (c) taking any steps, or further steps, with a view to the issue of a non-discrimination notice based on the commission of the unlawful act in question. (5) The action specified in an undertaking under subsection (2)(b)(ii) must be action intended to change anything in the practices, policies, procedures or other arrangements of the person concerned which-- (a) caused or contributed to the commission of the unlawful act in question; or (b) is liable to cause or contribute to a failure to comply with his undertaking under subsection (2)(b)(i). (5A) An agreement under this section-- (a) may include terms providing for incidental or supplementary matters (including the termination of the agreement, or the right of either party to terminate it, in certain circumstances); and (b) may be varied or revoked by agreement of the parties. (5B) An agreement under this section may not include any provisions other than terms mentioned in subsection (2) and (5A)(a) unless their inclusion is authorised by regulations made by the Secretary of State for the purposes of this section; but any provisions so authorised are not enforceable by the Commission under subsection (6).")
6	Page 4, line 21, leave out subsection (8)
7	Page 4, line 28, at end insert-- ("( ) Schedule 3 (so far as relating to agreements under this section) has effect.")
	After Clause 5
8	Insert the following new Clause--
	(" .--(1) This section applies during the period of five years beginning on the date on which-- (a) a non-discrimination notice served on a person, (b) a finding by a court or tribunal in proceedings under section 8 or 25 of the 1995 Act that a person has committed an act which is unlawful discrimination for the purposes of any provision of Part II or III of that Act; or (c) a finding by a court or tribunal in any other proceedings that a person has committed an act of a description prescribed under subsection (4)(b), has become final. (2) If during that period it appears to the Commission that unless restrained the person concerned is likely to do one or more unlawful acts, the Commission may apply to a county court for an injunction, or to the sheriff for interdict, restraining him from doing so. (3) The court, if satisfied that the application is well-founded, may grant the injunction or interdict in the terms applied for or in more limited terms. (4) In this section "unlawful act" means-- (a) an act which is unlawful discrimination for the purposes of any provision of Part II or III of the 1995 Act; or (b) any other unlawful act of a description prescribed for the purposes of this section. (5) A finding of a court or tribunal becomes final for the purposes of this section when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.")	Persistent discrimination.
	Clause 12
9	Page 8, line 28, at end insert-- (""final", in relation to a non-discrimination notice, has the meaning given by paragraph 11 of Schedule 3;")
	Clause 15
10	Page 9, leave out lines 16 to 19
	Schedule 1
11	Page 12, line 28, at end insert--
	("List of consultees
	17.--(1) The Commission shall maintain a list of the organisations it has consulted generally for the purposes of any of its functions. (2) An organisation may be removed from the list if it has not been consulted generally in the 12 months preceding its removal. (3) For the purposes of sub-paragraphs (1) and (2), consultation is general unless it relates only-- (a) to an investigation to which paragraph 3 of Schedule 3 applies, (b) to assistance under section 6, or (c) otherwise to a particular individual or individuals. (4) The Commission shall make the list available to the public in whatever way it considers appropriate (subject to any charge it may impose).")