Disability Rights Commission Bill [H.L.] - continued        House of Lords
SCHEDULE 3, FORMAL INVESTIGATIONS AND NON-DISCRIMINATION NOTICES - continued

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  PART III
  SUPPLEMENTARY
 
Restriction on disclosure of information
     14. - (1) No information given to the Commission by any person ("the informant") in connection with a formal investigation shall be disclosed by the Commission or by any person who is or has been a commissioner, an additional commissioner or an employee of the Commission, except-
 
 
    (a) on the order of a court,
 
    (b) with the informant's consent,
 
    (c) in the form of a summary or other general statement published by the Commission which does not identify the informant or any other person to whom the information relates,
 
    (d) in a report of the investigation published by the Commission,
 
    (e) to a commissioner, an additional commissioner or an employee of the Commission, or, so far as is necessary for the proper performance of the Commission's functions, to other persons, or
 
    (f) for the purpose of any civil proceedings to which the Commission is a party, or of any criminal proceedings.
      (2) A person who discloses information contrary to sub-paragraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
 
Enforcement of notices under paragraph 5 or 12
     15. - (1) Section 55 of the County Courts Act 1984 (penalty for failure to give evidence) shall have effect in relation to a failure to comply with an order under paragraph 5 or 12 made by a county court with the following modifications-
 
 
    (a) for subsection (1) there shall be substituted-
 
    "(1) Any person who fails without reasonable excuse to comply with an order under paragraph 5 or 12 of Schedule 3 to the Disability Rights Commission Act 1999 shall forfeit such fine as the judge may direct.";
 
 
    (b) subsection (3) shall be omitted (but without prejudice to the operation of paragraph 4(3)(b) of this Schedule); and
 
    (c) in subsection (4), for the words "the party injured by the refusal or neglect" there shall be substituted the words "the Disability Rights Commission for expenses incurred or wasted in consequence of the failure to comply with the order concerned".
      (2) Where a person fails, without reasonable excuse, to comply with an order made by the sheriff under paragraph 5 or 12, the sheriff may, on the application of the Commission made by summary application-
 
 
    (a) ordain the person to forfeit a penalty of an amount not exceeding the amount which is, for the time being, level 3 on the standard scale;
 
    (b) grant decree in favour of the Commission for such amount of the penalty as appears to the sheriff to be appropriate in respect of the expense incurred or wasted by the Commission (including the expenses of any proceedings under this Schedule) in consequence of the failure to comply with the order.
 
Offences
     16. - (1) A person who-
 
 
    (a) deliberately alters, suppresses, conceals or destroys a document which a notice under paragraph 4 or an order under paragraph 5 requires him to produce;
 
    (b) in complying with-
 
      (i) a notice under paragraph 4,
 
      (ii) a non-discrimination notice, or
 
      (iii) an order under paragraph 5 or 12,
 
    makes any statement which he knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular,
      is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
      (2) Proceedings for an offence under this paragraph may (without prejudice to any jurisdiction exercisable apart from this subsection) be instituted-
 
 
    (a) against any person at any place at which he has an office or other place of business;
 
    (b) against an individual at any place where he resides, or at which he is for the time being.
 
Service of notices
     17. - (1) Any notice required or authorised by any provision of this Schedule to be served on a person may be served by delivering it to him, by leaving it at his proper address or by sending it by post to him at that address.
 
      (2) Any such notice may-
 
 
    (a) in the case of a body corporate, be served on the secretary or clerk of that body;
 
    (b) in the case of a partnership, be served on any partner or a person having control or management of the partnership business;
 
    (c) in the case of an unincorporated association (other than a partnership), may be served on any member of its governing body.
      (3) For the purposes of this paragraph and section 7 of the Interpretation Act 1978 (service of documents) in its application to this section, the proper address of any person is-
 
 
    (a) in the case of a body corporate, its secretary or clerk, the address of its registered or principal office in the United Kingdom;
 
    (b) in the case of an unincorporated association (other than a partnership) or a member of its governing body, its principal office in the United Kingdom;
 
    (c) in any other case, his usual or last-known address (whether of his residence or of a place where he carries on business or is employed).
 
Regulations
     18. The Secretary of State may make regulations making provision supplementing the provisions of this Schedule in relation to any matter concerned with the conduct of formal investigations or the issue of non-discrimination notices.
 
 
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Prepared 12 March 1999