Disability Rights Commission (Time Limits) Regulations 2000

Time at which action plan becomes final

3.—(1) Subject to paragraph (9) below, the period prescribed for the purposes of paragraph 15(3) of Schedule 3 (time at which proposed action plan becomes final) is twelve weeks beginning with the day on which the proposed action plan is served on the Commission.

(2) Subject to paragraph (9) below, the period prescribed for the purposes of paragraph 16(3) of Schedule 3 (time at which revised action plan becomes final) is eight weeks beginning with the day on which the revised action plan is served on the Commission.

(3) Subject to paragraph (9) below, the period prescribed for the purposes of paragraph 16(4) of Schedule 3 (time at which proposed action plan becomes final where no revised action plan served) is four weeks beginning with the expiration of the period specified in paragraph (4) below.

(4) The period referred to in paragraph (3) is—

(a) the original period specified in the notice served under paragraph 16(1) of Schedule 3 for service of the revised action plan; or

(b) where the Commission has extended the period for such service beyond that originally specified in the notice, that extended period.

(5) The period prescribed for the purposes of paragraph 17(4) of Schedule 3 (time at which action plan becomes final where court does not make order requiring service of adequate action plan) is—

(a) where the court does not make an order because it has decided not to do so, 7 days beginning with the day on which the decision has become final; and

(b) where the court does not make an order because the Commission withdraws its application for an order, 7 days beginning with the day on which the withdrawal is notified to the person who served the action plan on the Commission.

(6) Subject to paragraph (9) below, the period prescribed for the purposes of paragraph 18(2) of Schedule 3 (time at which action plan becomes final where served in response to court order) is eight weeks beginning with the day on which the action plan is served on the Commission.

(7) The period prescribed for the purposes of paragraph 18(3)(a) of Schedule 3 (time at which action plan becomes final where Commission’s application to enforce court order requiring service of adequate action plan is withdrawn) is 7 days beginning with the day on which the withdrawal of the application of the Commission is notified to the person who served the action plan on the Commission.

(8) The period prescribed for the purposes of paragraph 18(3)(b) of Schedule 3 (time at which action plan becomes final where court considers an action plan served in response to a court order is adequate) is 7 days beginning with the day on which the decision of the court on the application made as mentioned in paragraph 18(2) of Schedule 3 has become final.

(9) Any period prescribed for the purposes of paragraph 15(3), 16(3), 16(4) or 18(2) of Schedule 3 which has started to run ceases to run during any period beginning with the day on which a notice is served by the Commission under paragraph 21(1)(a) of Schedule 3 (power to obtain information for the purposes of determining whether a proposed action plan is adequate) and ending with the day on which the notice is fully complied with.

(10) A decision of a court becomes final for the purposes of paragraphs (5) and (8) when an appeal against it is dismissed, withdrawn or abandoned or when the time for appealing expires without an appeal having been brought.