PART II

DISABILITY DISCRIMINATION

Non-discrimination notices
6
1
If in the course of a formal investigation the Commission is satisfied that a person has committed or is committing an unlawful act, it may serve on him a notice (referred to in this Part as a non-discrimination notice) which—
a
gives details of the unlawful act which the Commission has found that he has committed or is committing; and
b
requires him not to commit any further unlawful acts of the same kind (and, if the finding is that he is committing an unlawful act, to cease doing so).
2
The notice may include recommendations to the person concerned as to action which the Commission considers he could reasonably be expected to take with a view to complying with the requirement mentioned in paragraph (1)(b).
3
The notice may require the person concerned—
a
to propose an adequate action plan (subject to and in accordance with Part III of Schedule 1) with a view to securing compliance with the requirement mentioned in paragraph (1)(b); and
b
once an action plan proposed by him has become final, to take any action which—
i
is specified in the plan; and
ii
he has not already taken,
at the time or times specified in the plan.
4
For the purposes of paragraph (3)—
a
an action plan is a document drawn up by the person concerned specifying action (including action he has already taken) intended to change anything in his practices, policies, procedures or other arrangements which—
i
caused or contributed to the commission of the unlawful act concerned; or
ii
is liable to cause or contribute to a failure to comply with the requirement mentioned in paragraph (1)(b); and
b
an action plan is adequate if the action specified in it would be sufficient to ensure, within a reasonable time, that he is not prevented from complying with that requirement by anything in his practices, policies, procedures or other arrangements;
and the action specified in an action plan may include ceasing an activity or taking continuing action over a period.
5
In this Article “unlawful act” means an act which is unlawful . . . for the purposes of any provision of Part II or Part III of the 1995 Act or Part III of the 2005 Order or any other unlawful act of a description prescribed for the purposes of this Article.
6
Schedule 1 (so far as relating to non-discrimination notices and action plans) has effect.
SR 2004/55
2005 NI 6