Section 4 Non-discrimination notices.I1

England, Wales and Scotland

(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 F1. . . for the purposes of any provision of F2Part 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.

Annotations

Textual amendments

F1: Word in s. 4(5) omitted (1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), reg. 30(b)
F2: Words in s. 4(5) substituted (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 50(3); S.I. 2005/2774, art. 4(f)

Commencement

I1: S. 4 wholly in force at 25.4.2000; s. 4 not in force at Royal Assent; s. 4(6) in force at 23.3.2000 by S.I. 2000/880, art. 2, Sch. 1; s. 4 in force at 25.4.2000 in so far as not already in force by S.I. 2000/880, art. 2, Sch. 2

Notes on the whole Act

Textual amendments

F1: Act repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 59, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2(b)(c) (subject to art. 3, as amended by S.I. 2007/2602, art. 4(2))