Disability Rights Commission Act 1999 Explanatory Notes

Section 7: Assistance in relation to proceedings

This section gives the DRC the power to give assistance to individuals in relation to actual or potential legal proceedings. Subsection (1)(a) allows the DRC to give assistance in respect of all proceedings brought under Part II (employment) and Part III (access to goods, facilities, services and premises) of the DDA 1995. Such disputes can include cases where a non-disabled person alleges he has been victimised for a reason set out in section 55 of that Act. The DDA 1995 makes it unlawful for a person to be victimised for:

  • bringing, or giving evidence or information in connection with, proceedings under the Act;

  • doing anything else under the Act; or

  • alleging that someone has contravened the Act.

Subsection (1)(b) gives the Secretary of State a power to extend by regulations the list of proceedings in relation to which the DRC can provide assistance under this section.

Subsection (2) sets out criteria for the DRC to take into account when deciding whether to give assistance to an applicant in relation to proceedings.

Subsection (3) deals with the range of assistance the DRC may provide.

Subsection (5) enables the DRC to delegate to its employees any of its functions under this section.

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