Disability Discrimination Act 1995

F1 35

[F2 For section 52 substitute—

52 “ Further provisions about codes issued under section 51.

(1) In this section—

• “proposal” means a proposal made by [F3 the Equality Commission for Northern Ireland] to a Northern Ireland department under section 51;

• “responsible department”—

  (a)

  in relation to a proposal, means the Northern Ireland department to which the proposal is made,

  (b)

  in relation to a code, means the Northern Ireland department by which the code is issued; and

• “statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

(2) In preparing any proposal, [F3 the Equality Commission for Northern Ireland] shall consult—

(a) such persons (if any) as the responsible department has specified in making its request to [F3 the Equality Commission for Northern Ireland]; and

(b) such other persons (if any) as [F3 the Equality Commission for Northern Ireland] considers appropriate.

(3) Before making any proposal [F3 the Equality Commission for Northern Ireland] shall publish a draft, consider any representations made to it about the draft and, if it thinks it appropriate, modify its proposal in the light of any of those representations.

(4) Where [F3 the Equality Commission for Northern Ireland] makes any proposal, the responsible department may—

(a) approve it;

(b) approve it subject to such modifications as that department thinks appropriate; or

(c) refuse to approve it.

(5) Where the responsible department approves any proposal (with or without modifications) that department shall prepare a draft of the proposed code and lay it before the Assembly.

(6) If, within the statutory period, the Assembly resolves not to approve the draft, the responsible department shall take no further steps in relation to the proposed code.

(7) If no such resolution is made within the statutory period, the responsible department shall issue the code in the form of its draft.

(8) The code shall come into force on such date as the responsible department may appoint by order.

(9) Subsection (6) does not prevent a new draft of the proposed code from being laid before the Assembly.

(10) If the responsible department refuses to approve a proposal, that department shall give [F3 the Equality Commission for Northern Ireland] a written statement of the department’s reasons for not approving it.

(11) The responsible department may by order revoke a code.”.]

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Amendments (Textual)

F1 Sch. 8 para. 35: s. 52 (as substituted by this provision) repealed (N.I.) (25.4.2000 in relation to s. 52(1)-(10) (with the exception of para. (b) in the definition of "responsible Department" in (1)) otherwise prosp.) by virtue of S.I. 2000/1110 (N.I. 2), arts. 1(2), 16, Sch. 2 (with arts. 11(2)(3), 17); S.R. 2000/140, art. 2, Sch. Appendix

F2 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F3 Words in Sch. 8 substituted (1.10.1999) by 1998 c. 47, s. 99, Sch. 13 para. 16(2)(a) (with s. 95); S.I. 1999/2204, art. 3