Special Educational Needs and Disability Act 2001

Section 35.

SCHEDULE 7 Amendments to the Disability Rights Commission Act 1999

1 The Disability Rights Commission Act 1999 is amended as follows.

2 In section 2 (general functions), in the definition of “discrimination” in subsection (5), for “or Part III” substitute “, Part 3 or Chapter 1 or 2 of Part 4”.

3 In section 4 (non-discrimination notices), in subsection (5), for “or Part III” substitute “, Part 3 or Chapter 1 or 2 of Part 4”.

4 In section 5 (agreements in lieu of enforcement action), in subsection (11), for “or Part III” substitute “, Part 3 or Chapter 1 or 2 of Part 4”.

5 In subsection (1) of section 6 (persistent discrimination), for paragraphs (b) and (c) substitute—

“(b) a finding in proceedings under section 8, 25, 28I, 28K, 28L, 28N or 28V of the 1995 Act that a person has committed an act which is unlawful discrimination for the purposes of any provision of Part 2, Part 3 or Chapter 1 or 2 of Part 4 of that Act, or

(c) a finding by a court or tribunal in any other proceedings that a person has committed an unlawful act of a description prescribed under subsection (4),”.

6 In subsection (4) of that section, for “or Part III” substitute “, Part 3 or Chapter 1 or 2 of Part 4”.

7 In subsection (5) of that section, omit “of a court or tribunal”.

8 In section 7(1)(a) (proceedings in relation to which assistance may be given)—

(a) for “or 25” substitute “, 25, 28I, 28K, 28L, 28N or 28V”; and

(b) for “and III” substitute “to 4”.

9 In paragraph 3(10) of Schedule 3 (formal investigations and non-discrimination notices), for “or Part III” substitute “, Part 3 or Chapter 1 or 2 of Part 4”.