Commons Amendments

12 Schedule 3, 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") end 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—

Volume 604: debated on Monday 19 July 1999