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Session 1998-99
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Amendments to the Disability Rights Commission Bill [H.L.]

Disability Rights Commission Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the Disability Rights Commission Bill [H.L.] to be moved in Committee in the House of Lords.

 [Amendments marked * are new or have been altered]  
Amendment
No.
  
  
Clause 1
 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS DARCY DE KNAYTH
THE LORD SWINFEN
THE LORD RIX
 
1     Page 1, line 8, at end insert ("and fulfil its duties as established by section 2(1).") 
  
Clause 2
 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS DARCY DE KNAYTH
 
2     Page 1, line 19, at end insert ("; and
    (  )  to keep under review those parts of the Human Rights Act 1998 which it deems applicable to the elimination of discrimination against disabled people.")
 
  
BY THE BARONESS BLATCH
 
3     Page 1, line 20, leave out ("may") and insert ("shall") 
4     Page 1, line 25, at end insert--
    ("(  ) make proposals or give other advice to any Government agency as to the practical application of any law;")
 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS DARCY DE KNAYTH
THE LORD ADDINGTON
THE LORD SWINFEN
 
5     Page 2, line 7, at end insert--
 
    ("(  )  The Commission shall have the power to initiate proceedings in its own name or to apply to intervene in proceedings if it believes that an unlawful act has occurred or is about to occur under the 1995 Act.")
 
  
BY THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON
THE LORD SWINFEN
THE LORD RIX
 
6     Page 2, line 7, at end insert--
 
    ("(  )  The Commission shall have the power to set up regional offices as it deems necessary in pursuance of its duties under this Act.")
 
  
Clause 3
 
  
BY THE BARONESS BLATCH
 
7     Page 2, line 14, leave out ("decide to") 
  
Clause 4
 
  
BY THE BARONESS BLATCH
 
8     Page 2, line 43, leave out from beginning to ("provisions") in line 2 on page 3 and insert ("The notice may include") 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS DARCY DE KNAYTH
THE LORD SWINFEN
 
9     Page 2, line 44, at end insert--
 
    ("(  )  The Commission may include in a non-discrimination notice provisions requiring the person to whom the notice is addressed--
    (a)  to take steps with a view to avoiding the Commission by him of unlawful acts and to inform the Commission that he has taken such steps;
    (b)  to inform the Commission of any other steps which he needs to take in order to comply with the notice, and when he proposes to take them;
    (c)  to give the Commission any other information for the purpose of verifying that the notice has been complied with; and
    (d)  to take steps with a view to making available to other persons any information about the notice or the things it requires to be done.")
 
  
BY THE LORD ASHLEY OF STOKE
THE LORD SWINFEN
 
10     Page 2, line 44, at end insert--
 
    ("(  )  A non-discrimination notice may specify a period within which any requirements included by virtue of the regulations are to be complied with.")
 
11     Page 3, line 1, leave out subsections (4) and (5) 
  
BY THE BARONESS BLATCH
 
12     Page 3, line 13, at end insert--
 
    ("(  ) The Secretary of State may make regulations relating to the requirements to be included in a non-discrimination notice.")
 
  
Clause 5
 
  
BY THE BARONESS BLATCH
 
13     Page 3, line 34, at beginning insert ("to suspend or") 
  
Clause 6
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
THE LORD ADDINGTON
 
14     Page 4, line 27, after ("individual") insert ("or organisation representing groups of individuals") 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS DARCY DE KNAYTH
THE LORD RIX
 
15     Page 4, line 33, at end insert ("; and
    (c)  proceedings under the Human Rights Act 1998 where the proceedings would be in pursuance of the duties imposed on the Commission under section 2(1) of this Act.")
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
THE LORD ADDINGTON
 
16     Page 5, line 3, at end insert--
    ("(  )  provide or arrange support for relatives or carers;")
 
17     Page 5, line 4, after ("provide") insert ("or arrange") 
  
Clause 8
 
  
BY THE BARONESS BLATCH
 
18     Page 6, line 21, at end insert--
            ("(5A) A written statement under subsection (5) may include proposals for changes to the code.
            (5B) Where the Secretary of State has proposed changes to the code under subsection (5A), the Commission may undertake further consultation as it considers appropriate on the proposals from the Secretary of State.")
 
19     Page 7, line 3, at end insert--
            ("(10) An order under subsection (6)(c) shall be made by statutory instrument; and no such statutory instrument shall be made until it has been laid in draft before, and approved by resolution of, each House of Parliament."")
 
  
Clause 10
 
  
BY THE LORD ASHLEY OF STOKE
THE LORD ADDINGTON
THE LORD SWINFEN
 
20     Page 8, leave out lines 9 to 17 and insert--
      ("(a)  such organisations representing employers as he considers appropriate;
      (b)  such organisations representing disabled persons as he considers appropriate; and
      (c)  once it has been established, the Disability Rights Commission.
        (4)  A consultation under subsection (3) shall be commenced on or before 1st January 2000.
        (5)  In the event that the Secretary of State decides to make an order under subsection (2) the order shall be made within six months of the completion of the consultation process under subsection (3)."")
 
  
BY THE LORD ASHLEY OF STOKE
 
     The Lord Ashley of Stoke gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill. 
  
Clause 15
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
 
21     Page 9, line 6, after ("day") insert ("no later than 1st January 2000") 
  
Schedule 1
 
  
BY THE LORD ASHLEY OF STOKE
THE LORD RIX
THE BARONESS DARCY DE KNAYTH
 
22*     Page 10, line 11, at end insert (", some of whom shall have knowledge and experience of sensory impairment, learning disability and mental health problems") 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS DARCY DE KNAYTH
 
23     Page 10, leave out lines 16 and 17 
  
BY THE LORD ADDINGTON
THE LORD RIX
 
24     Page 10, line 17, at end insert--
 
    ("(4)  At least one of the commissioners appointed under paragraph 6 below as chairman or deputy chairman shall have personal experience of disability.")
 
  
BY THE BARONESS BLATCH
 
25     Page 10, line 22, at end insert ("so long as his total continuous term of office does not exceed 10 years") 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS DARCY DE KNAYTH
THE LORD ADDINGTON
THE LORD SWINFEN
 
26     Page 10, line 36, at end insert--
    ("(  )  shall be appointed for a period of not more than five years and not less than four years,")
 
  
BY THE BARONESS BLATCH
 
27     Page 10, line 37, leave out from ("hold") to end of line 38 and insert ("that office for five years,") 
28     Page 11, leave out lines 18 and 19 
  
BY THE LORD RIX
THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
 
29     Page 11, line 19, at end insert--
 
    ("  .  Where appropriate, commissioners may appoint personnel for the purposes of advocacy or communication support for commissioners.")
 
  
BY THE BARONESS GOULD OF POTTERNEWTON
 
30     Page 12, leave out line 28 and insert ("publish it within six weeks") 
  
BY THE LORD RIX
THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
 
31     Page 12, line 28, at end insert--
 
    ("(  )  The report shall be published in accessible formats for people with sensory impairments or learning disabilities.")
 
32     Page 12, line 28, at end insert--
 
    (".  The Secretary of State shall review the constitution of the Commission after two years and shall lay a report of the review before Parliament.")
 
  
Schedule 3
 
  
BY THE BARONESS BLATCH
 
33     Page 16, line 7, at end insert--
 
    ("(5) Where the Commission refuses to receive oral representations under sub-paragraph (4), it shall give reasons for that refusal in writing to the parties concerned.")
 
 
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© Parliamentary copyright 1999
Prepared 4 February 1999