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

Disability Rights Commission Bill [H.L.] - Amendments to be debated in the House of Lords - continued	House of Lords
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	Schedule 3
12	Page 14, leave out lines 5 to 8 and insert ("whether-- (a) a person has committed or is committing any unlawful act; (b) any requirement imposed by a non-discrimination notice served on a person (including a requirement to take action specified in an action plan) has been or is being complied with; (c) any undertaking given by a person in an agreement made with the Commission under section 5 is being or has been complied with.")
13	Page 14, line 17, leave out ("requirements mentioned in sub-paragraph (1)(b)") and insert ("requirement or undertaking mentioned in sub-paragraph (1)(b) or (c)")
14	Page 14, line 23, leave out ("requirements mentioned in sub-paragraph (1)(b)") and insert ("requirement or undertaking mentioned in sub-paragraph (1)(b) or (c)")
15	Page 14, line 26, leave out from ("he") to ("committing") and insert ("may have committed or may be")
16	Page 14, line 32, at end insert-- ("( ) If the Commission refuses to receive oral representations from a person under sub-paragraph (7), it shall give reasons in writing for its objection.")
17	Page 15, line 11, leave out sub-paragraph (3)
18	Page 16, line 7, at end insert-- ("( ) If the Commission refuses to receive oral representations from a person under sub-paragraph (4), it shall give reasons in writing for its objection.")
19	Page 16, line 12, leave out ("with the day after") and insert ("on the day after the day on which")
20	Page 16, line 13, at end insert ("under section 4(1)(b) or (3)")
21	Page 16, leave out lines 19 to 26 and insert-- ("(3) The court or tribunal may quash or, in Scotland, recall any requirement appealed against-- (a) if it considers the requirement to be unreasonable; or (b) in the case of a requirement imposed under section 4(1)(b), if it considers that the Commission's finding that the person concerned had committed or is committing the unlawful act in question was based on an incorrect finding of fact. (4) On quashing or recalling a requirement, the court or tribunal may direct that the non-discrimination notice shall have effect with such modifications as it considers appropriate. (5) The modifications which may be included in such a direction include-- (a) the substitution of a requirement in different terms; and (b) in the case of a requirement imposed under section 4(1)(b), modifications to the details given under section 4(1)(a) so far as necessary to describe any unlawful act on which the requirement could properly have been based. (6) Sub-paragraph (1) does not apply to any modifications contained in a direction under sub-paragraph (4). (7) If the court or tribunal allows an appeal under this paragraph without quashing or recalling the whole of the non-discrimination notice, the Commission may by notice to the person concerned vary the non-discrimination notice-- (a) by revoking or altering any recommendation included in pursuance of the Commission's power under section 4(2); or (b) by making new recommendations in pursuance of that power.")
22	Page 16, line 27, leave out paragraph 11 and insert-- ("11. For the purposes of this Act a non-discrimination notice becomes final when-- (a) an appeal under paragraph 10 is dismissed, withdrawn or abandoned or the time for appealing expires without an appeal having been brought; or (b) an appeal under that paragraph is allowed without the whole notice being quashed or, in Scotland, recalled.")
23	Page 16, line 34, leave out paragraph 12 and insert-- ("12.--(1) This paragraph applies during the period of five years beginning on the date on which a non-discrimination notice served on a person has become final. (2) During that period the Commission may apply to a county court or by summary application to the sheriff for an order under this paragraph, if-- (a) it appears to the Commission that the person concerned has failed to comply with any requirement imposed by the notice under section 4(1)(b); or (b) the Commission has reasonable cause to believe that he intends not to comply with any such requirement. (3) An order under this paragraph is an order requiring the person concerned to comply with the requirement or with such directions for the same purpose as are contained in the order.")
24	Page 17, line 3, at end insert-- ("( ) The Commission shall, in the case of notices which impose a requirement to propose an action plan, note on the register the date on which any action plan proposed by the person concerned has become final.")
25	Page 17, line 9, at end insert--
	("PART IIA
	ACTION PLANs
	Introductory
	13A.--(1) This Part of this Schedule applies where a person ("P") has been served with a non-discrimination notice which has become final and includes a requirement for him to propose an action plan. (2) In this Part "adequate" in relation to a proposed action plan means adequate (as defined in section 4(4)(b)) for the purposes of the requirement mentioned in section 4(1)(b).
	The first proposed action plan
	13B.--(1) P must serve his proposed action plan on the Commission within such period as may be specified in the non-discrimination notice. (2) If P fails to do so, the Commission may apply to a county court or by way of summary application to the sheriff for an order directing him to serve his proposed action plan within such period as the order may specify. (3) If P serves a proposed action plan on the Commission in response to the non-discrimination notice, or to an order under sub-paragraph (2), the action plan shall become final at the end of the prescribed period, unless the Commission has given notice to P under paragraph 13C.
	Revision of first proposed action plan at invitation of Commission
	13C.--(1) If the Commission considers that a proposed action plan served on it is not an adequate action plan, the Commission may give notice to P-- (a) stating its view that the plan is not adequate; and (b) inviting him to serve on the Commission a revised action plan which is adequate, within such period as may be specified in the notice. (2) A notice under this paragraph may include recommendations as to action which the Commission considers might be included in an adequate action plan. (3) If P serves a revised proposed action plan on the Commission in response to a notice under this paragraph, it shall supersede the previous proposed action plan and become final at the end of the prescribed period, unless the Commission has applied for an order under paragraph 13D. (4) If P does not serve a revised action plan in response to a notice under this paragraph, the action plan previously served on the Commission shall become final at the end of the prescribed period, unless the Commission has applied for an order under paragraph 13D.
	Action by Commission as respects inadequate action plan
	13D.--(1) If the Commission considers that a proposed action plan served on it is not an adequate action plan it may apply to a county court, or by way of summary application to the sheriff, for an order under this paragraph. (2) The Commission may not make an application under this paragraph in relation to the first proposed action plan served on it by P (even where it was served in compliance with an order of the court under paragraph 13B(2)) unless-- (a) a notice under paragraph 13C has been served on P in relation to that proposed action plan; and (b) P has not served a revised action plan on the Commission in response to it within the period specified in the notice under paragraph 13C(1)(b). (3) An order under this paragraph is an order-- (a) declaring that the proposed action plan in question is not an adequate action plan; (b) requiring P to revise his proposals and serve on the Commission an adequate action plan within such period as the order may specify; and (c) containing such directions (if any) as the court considers appropriate as to the action which should be specified in the adequate action plan required by the order. (4) If on an application under this paragraph the court does not make an order, the proposed action plan in question shall become final at the end of the prescribed period. 13E.--(1) This paragraph applies where an order of the court under paragraph 13D ("the order") requires P to serve an adequate action plan on the Commission. (2) If, in response to the order, P serves an action plan on the Commission, that action plan shall become final at the end of the prescribed period unless the Commission has applied to a county court or, in Scotland, to the sheriff to enforce the order on the ground that the plan does not comply with the order (and any directions under paragraph 13D(3)(c)). (3) Where an application is made as mentioned in sub-paragraph (2)-- (a) if the Commission withdraws its application, the action plan in question shall become final at the end of the prescribed period; (b) if the court considers that the action plan in question complies with the order, that action plan shall become final at the end of the prescribed period.
	Variation of action plans
	13F. An action plan which has become final may be varied by agreement in writing between the Commission and P.
	Enforcement of action plans
	13G.--(1) This paragraph applies during the period of five years beginning on the date on which an action plan drawn up by P becomes final. (2) If during that period the Commission considers that P has failed to comply with the requirement under section 4(3)(b) to carry out any action specified in the action plan, the Commission may apply to a county court or by summary application to the sheriff for an order under this paragraph. (3) An order under this paragraph is an order requiring P to comply with that requirement or with such directions for the same purpose as are contained in the order.
	Power to obtain information
	13H.--(1) For the purposes of determining whether-- (a) an action plan proposed by P is an adequate action plan; or (b) P has complied or is complying with the requirement to take the action specified in an action plan which has become final, the Commission may serve a notice on any person requiring him to give such information in writing, or copies of documents in his possession or control, relating to those matters as may be described in the notice. (2) A person may not be required by a notice under this paragraph to give information, or produce a document, which he could not be compelled to give in evidence or produce in civil proceedings before the High Court or the Court of Session. (3) The Commission may apply to a county court or by summary application to the sheriff for an order under this sub-paragraph if a person has been served with a notice under this paragraph and fails to comply with it. (4) An order under sub-paragraph (3) is an order requiring the person concerned to comply with the notice or with such directions for the same purpose as may be contained in the order.")
26	Page 17, leave out lines 13 to 16 and insert-- ("(1) No information given to the Commission by any person ("the informant") in connection with-- (a) a formal investigation; (b) the exercise of any of its functions in relation to non-discrimination notices, action plans and agreements under section 5, shall be disclosed by the Commission or by any person who is or has been a commissioner, an additional commissioner or an employee of the Commission. (1A) Sub-paragraph (1) does not apply to any disclosure made-")
27	Page 17, line 32, leave out from beginning to ("with") in line 34 and insert-- ("(1) This paragraph applies to any order made by a county court or the sheriff under section 5(6) or under any provision of this Schedule. (2) Section 55 of the County Courts Act 1984 (penalty for failure to give evidence) shall have effect in relation to a failure to comply with an order made by a county court to which this paragraph applies")
28	Page 17, line 37, leave out ("order under paragraph 5 or 12") and insert ("order made by a county court under section 5(6) of or any provision")
29	Page 17, line 46, leave out from beginning of line to ("as") in line 1 on page 18 and insert-- ("(2) Where the sheriff finds a person to be in contempt of court in respect of the failure of a person to comply with an order made by the sheriff to which this paragraph applies-- (a) notwithstanding section 15 of the Contempt of Court Act 1981, the sheriff shall not commit the person to prison; and (b) the sheriff may grant decree in favour of the Commission for such amount of any fine imposed for the contempt")
30	Page 18, line 5, at end insert-- ("(3) If the Commission applies to a county court or, in Scotland, to the sheriff to enforce an order to which this paragraph applies, the court may modify the order.")
31	Page 18, line 8, leave out from ("document") to end of line 14 and insert ("to which a notice under paragraph 4 or 13H, or an order under paragraph 5 or 13H(3), relates; or (b) in complying with-- (i) a notice under paragraph 4 or 13H; (ii) a non-discrimination notice; (iii) an agreement under section 5; or (iv) an order of a court under section 5(6) or under any provision of this Schedule,")
32	Page 19, leave out lines 3 and 4 and insert ("-- (a) supplementing Part I or II of this Schedule in connection with any matter concerned with the conduct of formal investigations or the procedure for issuing non-discrimination notices; or (b) amending Part IIA of this Schedule in relation to the procedures for finalising action plans.")



© Parliamentary copyright 1999	Prepared 2 July 1999