Disability Rights Commission Act 1999(repealed)

The Disability Rights Commission

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• (1) There shall be a body known as the Disability Rights Commission (referred to in this Act as “the Commission”).

• (2) The Secretary of State shall pay to the Commission such sums as he thinks fit to enable it to meet its expenses.

• (3) Schedule 1 (the Commission’s constitution and related matters) has effect.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General functions

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• (1) The Commission shall have the following duties—

• (a) to work towards the elimination of discrimination against and harassment of disabled persons;

• (b) to promote the equalisation of opportunities for disabled persons;

• (c) to take such steps as it considers appropriate with a view to encouraging good practice in the treatment of disabled persons; and

• (d) to keep under review the working of the Disability Discrimination Act 1995 (referred to in this Act as “the 1995 Act”) and this Act.

• (2) The Commission may, for any purpose connected with the performance of its functions—

• (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;

• (b) make proposals or give other advice to any Government agency or other public authority as to the practical application of any law;

• (c) undertake, or arrange for or support (whether financially or otherwise), the carrying out of research or the provision of advice or information.

• (3) The Commission shall make proposals or give other advice under subsection (2)(a) on any matter specified in a request from a Minister of the Crown.

• (4) The Commission may make charges for facilities or services made available by it for any purpose.

• (5) In this section—

• “disabled persons” includes persons who have had a disability;

• “discrimination” means anything which is discrimination for the purposes of any provision of ;Part 2, 3 or 4 of the 1995 Act; and

• “harassment” means anything which is harassment for the purposes of any provision of Part 2 , 3 or 4 of the 1995 Act;

• “the law” includes Community law and the international obligations of the United Kingdom.

Formal investigations

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• (1) The Commission may decide to conduct a formal investigation for any purpose connected with the performance of its duties under section 2(1).

• (2) The Commission shall conduct a formal investigation if directed to do so by the Secretary of State for any such purpose.

• (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).

• (4) The Commission may, as respects any formal investigation which it has decided or been directed to conduct—

• (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

• (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.

• (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.

Non-discrimination notices

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• (1) If in the course of a formal investigation the Commission 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 III 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.

• (5) In this section “unlawful act” means an act which is unlawful . . . for the purposes of any provision of Part 2, 3 or 4 of the 1995 Act or any other unlawful act of a description prescribed for the purposes of this section.

• (6) Schedule 3 (so far as relating to non-discrimination notices and action plans) has effect.

Agreements in lieu of enforcement action

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• (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); and

• (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.

• (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 (8).

• (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).

• (6) 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.

• (7) An agreement under this section may not include any provisions other than terms mentioned in subsections (2) and (6)(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 (8).

• (8) The Commission may apply to a county court or by summary application to the sheriff for an order under this subsection if—

• (a) the other party to an agreement under this section has failed to comply with any undertaking under subsection (2)(b); or

• (b) the Commission has reasonable cause to believe that he intends not to comply with any such undertaking.

• (9) An order under subsection (8) 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.

• (10) Nothing in this section affects the Commission’s powers to settle or compromise legal proceedings of any description.

• (11) In this section “unlawful act” means an act which is unlawful . . . for the purposes of any provision of Part 2, 3 or 4 of the 1995 Act or any other unlawful act of a description prescribed for the purposes of this section.

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

Persistent discrimination

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• (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 in proceedings under section 17A, 25, 28I, 28K, 28L, 28N or 28V of the 1995 Act , or in proceedings under provision made under section 31AE of that Act, that a person has committed an act which is unlawful discrimination for the purposes of any provision of Part 2, ;3 or 4 of that Act, or

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

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 an act which is unlawful discrimination or harassment for the purposes of any provision of ;Part 2, 3 or 4 of the 1995 Act or 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.

Assistance in relation to proceedings

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• (1) This section applies to—

• (a) proceedings which an individual has brought or proposes to bring under section 17A, 25, 28I, 28K, 28L, 28N or 28V of the 1995 Act (or under provision made under section 31AE of that Act complaints and claims about unlawful discrimination or harassment under Parts II to 4); and

• (aa) proceedings of any description to the extent that the question whether it is unreasonable for a landlord to withhold consent to the making of a relevant improvement to a dwelling house falls to be considered in the proceedings;

• (ab) proceedings in Scotland of any description to the extent that the question whether—

• (i) it is unreasonable for a landlord to withhold consent to the carrying out of work in relation to a house (within the meaning of the Housing (Scotland) Act 2006 (asp 01)) in Scotland for the purpose of making the house suitable for the accommodation, welfare or employment of any disabled person who occupies, or intends to occupy, the house as a sole or main residence, or

• (ii) any condition imposed by a landlord on consenting to the carrying out of any such work is unreasonable,

falls to be considered in the proceedings,

• (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.

• (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—

• (a) that the case raises a question of principle;

• (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);

• (c) that there is some other special consideration which makes it appropriate for the Commission to provide assistance.

• (3) If the Commission grants an application, it may—

• (a) provide or arrange for the provision of legal advice;

• (b) arrange for legal or other representation (which may include any assistance usually given by a solicitor or counsel);

• (c) seek to procure the settlement of any dispute;

• (d) provide or arrange for the provision of any other assistance which it thinks appropriate.

• (4) Subsection (3)(b) does not affect the law and practice as to who may represent a person in relation to any proceedings.

• (4A) A relevant improvement is an improvement (within the meaning of section 49G(9) of the 1995 Act) to premises which, having regard to the disability which a disabled person who lawfully occupies or is intended lawfully to occupy the premises has, is likely to facilitate his enjoyment of the premises.

• (5) The Commission may authorise any employee of the Commission to exercise such of its functions under this section as it may determine.

Recovery of expenses of providing assistance

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• (1) This section applies where—

• (a) the Commission has given an individual assistance under section 7 in relation to any proceedings; and

• (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.

• (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.

• (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.

• (4) The charge created by this section is subject to—

• (a) any charge imposed by section 10(7) of the Access to Justice Act 1999 and any provision in, or made under, Part I of that Act for the payment of any sum to the Legal Services Commission; and

• (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.

• (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.

Codes of practice

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• (1) The following section shall be inserted at the beginning of Part VII of the 1995 Act (supplemental)—