Statement by the Delegation of Albania in response to the report by the Head of the OSCE Presence in Albania, Ambassador Bernd Borchardt
There shall be a body known as the Disability Rights Commission (referred to in this Act as “the Commission”).
The Secretary of State shall pay to the Commission such sums as he thinks fit to enable it to meet its expenses.
Schedule 1 (the Commission’s constitution and related matters) has effect.
The National Disability Council (which is superseded by the Commission) is abolished.
The Commission shall have the following duties—
to work towards the elimination of discrimination against disabled persons;
to promote the equalisation of opportunities for disabled persons;
to take such steps as it considers appropriate with a view to encouraging good practice in the treatment of disabled persons; and
to keep under review the working of the Disability Discrimination Act 1995 (referred to in this Act as “the 1995 Act”) and this Act.
The Commission may, for any purpose connected with the performance of its functions— Nothing in this subsection is to be regarded as limiting the Commission’s powers.
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;
make proposals or give other advice to any Government agency or other public authority as to the practical application of any law;
undertake, or arrange for or support (whether financially or otherwise), the carrying out of research or the provision of advice or information.
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.
The Commission may make charges for facilities or services made available by it for any purpose.
In this section—
“disabled persons” includes persons who have had a disability;
Section 1(3).
The Commission is a body corporate. The Commission is not the servant or agent of the Crown, it does not enjoy any status, immunity or privilege of the Crown and its property is not to be regarded as property of or as held on behalf of the Crown.
The Commission shall consist of not less than 10 and not more than 15 commissioners appointed by the Secretary of State. The Secretary of State may appoint as a commissioner a person who is not disabled and has not had a disability only if satisfied that after the appointment more than half of the commissioners will be disabled persons or persons who have had a disability. Sub-paragraph (2) shall not apply in respect of the first three appointments under this paragraph.
A commissioner shall hold and vacate office in accordance with the terms of his appointment. A person shall not be appointed a commissioner for less than two or more than five years; but a person who has served as a commissioner may be reappointed.
A commissioner may resign by notice in writing to the Secretary of State.
The Secretary of State may terminate the appointment of a commissioner if satisfied that—
without the consent of the chairman he has failed to attend meetings of the Commission during a continuous period of six months beginning not earlier than nine months before the termination;
he has become bankrupt, has had his estate sequestrated or has made a composition or arrangement with, or granted a trust deed for, his creditors; or
he is otherwise unable or unfit to carry out his functions as a commissioner.
The Secretary of State shall appoint one commissioner as chairman of the Commission and either one or two other commissioners as deputy chairmen. The Secretary of State shall exercise his powers of appointment under this paragraph with a view to securing that at least one of the persons holding office as chairman or deputy chairman is a disabled person or a person who has had a disability.
A person appointed as chairman or deputy chairman—
shall hold and vacate that office in accordance with the terms of his appointment,
may resign that office by notice in writing to the Secretary of State, and
shall cease to hold that office if he ceases to be a commissioner.
The Commission may— as the Secretary of State may determine.
pay to any commissioner such remuneration or expenses; and
pay, or make provision for the payment of, such sums by way of pensions, allowances or gratuities to or in respect of any commissioner,
If the Secretary of State determines that there are special circumstances which make it right that a person who has ceased to be a commissioner should receive compensation, the Secretary of State may direct the Commission to pay that person such sum by way of compensation as the Secretary of State may determine.
The Commission shall have— The first appointment of a chief executive shall be made by the Secretary of State.
Disability Rights Commission. The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act.
The Commission may regulate its own procedure (including quorum). The quorum for meetings of the Commission shall in the first instance be determined by a meeting of the Commission attended by at least five commissioners.
The validity of any proceedings of the Commission is not affected by a vacancy among the commissioners or by a defect in the appointment of a commissioner.
The Commission may authorise any committee of the Commission or any commissioner to exercise such of its functions (other than functions relating to the conduct of a formal investigation) as it may determine. This paragraph does not affect any power of the Commission to authorise its employees to do anything on its behalf.
The Commission shall— The Comptroller and Auditor General shall examine, certify and report on the statement of accounts and shall lay copies of the statement and of his report before each House of Parliament. The Commission’s accounting year is the twelve months ending with 31st March. The Commission’s first accounting year shall be the period of not more than 12 months beginning with the Commission’s establishment and ending with 31st March.
As soon as practicable after the end of each accounting year the Commission shall submit to the Secretary of State a report on its activities during that year. The report shall include (among other things)— The Secretary of State shall lay a copy of the report before Parliament and arrange for such further publication of it as he considers appropriate.
The Commission shall maintain a list of the organisations it has consulted generally for the purposes of any of its functions. An organisation may be removed from the list if it has not been consulted generally in the 12 months preceding its removal. For the purposes of sub-paragraphs (1) and (2), consultation is general unless it relates only— The Commission shall make the list available to the public in whatever way it considers appropriate (subject to any charge it may impose).
Section 3(5).
The Commission may, with the approval of the Secretary of State, appoint one or more individuals as additional commissioners for the purposes of a formal investigation. An additional commissioner is not the servant or agent of the Crown.
An additional commissioner shall hold and vacate office in accordance with the terms of his appointment (and may be re-appointed). The Commission may not alter the terms of appointment of an additional commissioner except with his consent and the approval of the Secretary of State.
The Commission may—
pay such remuneration or expenses to any additional commissioner as the Secretary of State may determine, and
pay, or make provision for the payment of, such sums by way of pensions, allowances or gratuities to or in respect of any additional commissioner as the Secretary of State may determine.
An additional commissioner may resign by notice in writing to the Commission. The Commission may, with the approval of the Secretary of State, terminate the appointment of an additional commissioner if satisfied that— The appointment of an additional commissioner shall otherwise terminate at the conclusion of the investigation for which he was appointed.
If the Secretary of State determines that there are special circumstances which make it right that a person who has ceased to be an additional commissioner should receive compensation, the Secretary of State may direct the Commission to pay that person such sum by way of compensation as the Secretary of State may determine.
Sections 3(5), 4(6) and 5(12).
This Part of this Schedule applies to a formal investigation which the Commission has decided or has been directed to conduct. Any subsequent action required or authorised by this Part of this Schedule (or by Part IV of this Schedule) to be taken by the Commission in relation to the conduct of a formal investigation may be taken, so far as they are authorised to do so, by persons nominated under section 3(4) for the purposes of the investigation.
The Commission shall not take any steps in the conduct of a formal investigation until— The terms of reference for the investigation shall be drawn up (and may be revised)— Where the terms of reference confine the investigation to activities of one or more named persons, notice of the holding of the investigation and the terms of reference shall be served on each of those persons. Where the terms of reference do not confine the investigation to activities of one or more named persons, notice of the holding of the investigation and the terms of reference shall be published in such manner as appears to the Commission appropriate to bring it to the attention of persons likely to be affected by it. If the terms of reference are revised, this paragraph applies again in relation to the revised investigation and its terms of reference.
This paragraph applies where the Commission proposes to investigate in the course of a formal investigation (whether or not the investigation has already begun) whether— The Commission may not investigate any such matter unless the terms of reference of the investigation confine it to the activities of one or more named persons (and the person concerned is one of those persons). The Commission may not investigate whether a person has committed or is committing any unlawful act unless— The Commission shall serve a notice on the person concerned offering him the opportunity to make written and oral representations about the matters being investigated. If the Commission is investigating whether the person concerned has committed or is committing any unlawful act (otherwise than in the course of a formal investigation into his compliance with any requirement or undertaking mentioned in sub-paragraph (1)(b) or (c)) the Commission shall include in the notice required by sub-paragraph (4) a statement informing that person that the Commission has reason to believe that he may have committed or may be committing any unlawful act. The Commission shall not make any findings in relation to any matter mentioned in sub-paragraph (1) without giving the person concerned or his representative a reasonable opportunity to make written and oral representations. The Commission may refuse to receive oral representations made on behalf of the person concerned by a person (not being counsel or a solicitor) to whom the Commission reasonably objects as being unsuitable. If the Commission refuses to receive oral representations from a person under sub-paragraph (7), it shall give reasons in writing for its objection. A notice required by sub-paragraph (4) may be included in a notice required by paragraph 2(3). In this paragraph “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 paragraph.
For the purposes of a formal investigation the Commission may serve a notice on any person requiring him— A notice under this paragraph may only be served on the written authority of the Secretary of State unless the terms of reference confine the investigation to the activities of one or more named persons and the person being served is one of those persons. A person may not be required by a notice under this paragraph—
The Commission may apply to a county court or by summary application to the sheriff for an order under this paragraph if— An order under this paragraph 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.
The Commission may make recommendations in the light of its findings in a formal investigation. The recommendations may be— The Commission may make such recommendations before the conclusion of the investigation concerned.
The Commission shall prepare a report of its findings in any formal investigation. The Commission shall exclude from such a report any matter which relates to an individual’s private affairs or any person’s business interests if— The report of an investigation carried out at the direction of the Secretary of State shall be published by the Secretary of State or, if the Secretary of State so directs, by the Commission. The report of any other investigation shall be published by the Commission. Nothing in this paragraph affects the Commission’s power to issue a non-discrimination notice before a report is prepared or published.
“the law” includes Community law and the international obligations of the United Kingdom.
The Commission may decide to conduct a formal investigation for any purpose connected with the performance of its duties under section 2(1).
The Commission shall conduct a formal investigation if directed to do so by the Secretary of State for any such purpose.
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).
The Commission may, as respects any formal investigation which it has decided or been directed to conduct—
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
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.
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.
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—
gives details of the unlawful act which the Commission has found that he has committed or is committing; and
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).
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).
The notice may require the person concerned—
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
once an action plan proposed by him has become final, to take any action which— at the time or times specified in the plan.
is specified in the plan; and
he has not already taken,
For the purposes of subsection (3)— and the action specified in an action plan may include ceasing an activity or taking continuing action over a period.
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—
caused or contributed to the commission of the unlawful act concerned; or
is liable to cause or contribute to a failure to comply with the requirement mentioned in subsection (1)(b); and
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;
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.
Schedule 3 (so far as relating to non-discrimination notices and action plans) has effect.
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).
An agreement under this section is one by which—
the Commission undertakes not to take any relevant enforcement action in relation to the unlawful act in question; and
the person concerned undertakes—
not to commit any further unlawful acts of the same kind (and, where appropriate, to cease committing the unlawful act in question); and
to take such action (which may include ceasing an activity or taking continuing action over any period) as may be specified in the agreement.
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).
For the purposes of subsection (2)(a), “relevant enforcement action” means—
beginning a formal investigation into the commission by the person concerned of the unlawful act in question;
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
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.
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—
caused or contributed to the commission of the unlawful act in question; or
is liable to cause or contribute to a failure to comply with his undertaking under subsection (2)(b)(i).
An agreement under this section—
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
may be varied or revoked by agreement of the parties.
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).
The Commission may apply to a county court or by summary application to the sheriff for an order under this subsection if—
the other party to an agreement under this section has failed to comply with any undertaking under subsection (2)(b); or
the Commission has reasonable cause to believe that he intends not to comply with any such undertaking.
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.
Nothing in this section affects the Commission’s powers to settle or compromise legal proceedings of any description.
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.
Schedule 3 (so far as relating to agreements under this section) has effect.
This section applies during the period of five years beginning on the date on which— has become final.
a non-discrimination notice served on a person,
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 Part III of that Act, or
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),
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.
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.
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.
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.
This section applies to—
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
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.
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—
that the case raises a question of principle;
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);
that there is some other special consideration which makes it appropriate for the Commission to provide assistance.
If the Commission grants an application, it may—
provide or arrange for the provision of legal advice;
arrange for legal or other representation (which may include any assistance usually given by a solicitor or counsel);
seek to procure the settlement of any dispute;
provide or arrange for the provision of any other assistance which it thinks appropriate.
Subsection (3)(b) does not affect the law and practice as to who may represent a person in relation to any proceedings.
The Commission may authorise any employee of the Commission to exercise such of its functions under this section as it may determine.
This section applies where—
the Commission has given an individual assistance under section 7 in relation to any proceedings; and
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.
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.
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.
The charge created by this section is subject to—
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
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.
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.
The following section shall be inserted at the beginning of Part VII of the 1995 Act (supplemental)—
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.
Nothing in this section affects the Commission’s powers apart from this section to give practical guidance on matters connected with its functions.
For section 28 of the 1995 Act (arrangements by the Secretary of State with a view to the settlement of disputes under Part III) there shall be substituted the following section—
For subsections (3) to (10) of section 7 of the 1995 Act (exemption for small businesses) there shall be substituted the following subsections—
Any power under this Act to make regulations is exercisable by statutory instrument.
Any such regulations may make—
different provision for different cases or areas;
provision enabling a person to exercise a discretion in dealing with any matter; and
incidental, supplemental, consequential or transitional provision.
A statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Act—
“prescribed” means prescribed in regulations made by the Secretary of State; and
“the 1995 Act” means the Disability Discrimination Act 1995.
“formal investigation” means an investigation under section 3;
“non-discrimination notice” means a notice under section 4;
“notice” means notice in writing;
Expressions used in this Act which are defined for the purposes of the 1995 Act have the same meaning in this Act as in that Act.
Schedule 4 (minor and consequential amendments) has effect.
The enactments mentioned in Schedule 5 are repealed to the extent specified.
This Act binds the Crown (but does not affect Her Majesty in her private capacity or in right of Her Duchy of Lancaster or the Duke of Cornwall).
This Act may be cited as the Disability Rights Commission Act 1999.
This Act (apart from this section) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
An order under subsection (2) may contain transitional provisions and savings relating to the provisions brought into force by the order.
The following provisions extend to Northern Ireland—
section 14(1), in relation to paragraphs 1, 2 and 4 of Schedule 4; and
section 14(2), in relation to the repeal of words in the House of Commons Disqualification Act 1975, the Northern Ireland Assembly Disqualification Act 1975 and section 70(7) of the 1995 Act.
Except as mentioned in subsection (4), this Act does not extend to Northern Ireland.