Disability Discrimination Act 1995

Prospective

[F1 47K Penalties under sections 47D to 47H: procedure E+W+S

[F2 (1) In this section “penalty” means a penalty under any of sections 47D to 47H.

(2) If the Secretary of State decides that a person is liable to a penalty, the Secretary of State must notify the person of the decision.

(3) A notification under subsection (2) must—

(a) state the Secretary of State’s reasons for deciding that the person is liable to the penalty;

(b) state the amount of the penalty;

(c) specify the date before which, and the manner in which, the penalty must be paid; and

(d) include an explanation of the steps that the person may take if he objects to the penalty.

(4) Where a person to whom a notification under subsection (2) is issued objects on the ground that—

(a) he is not liable to the imposition of a penalty, or

(b) the amount of the penalty is too high,

the person may give a notice of objection to the Secretary of State.

(5) A notice of objection must—

(a) be in writing;

(b) give the objector’s reasons; and

(c) be given before the end of the prescribed period.

(6) Where the Secretary of State receives a notice of objection to a penalty in accordance with this section, he shall consider it and—

(a) cancel the penalty;

(b) reduce the penalty; or

(c) determine to do neither of those things.

(7) Where the Secretary of State considers under subsection (6) a notice of objection under subsection (4), he shall—

(a) inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector; and

(b) if he reduces the penalty, notify the objector of the reduced amount.]]

Extent Information

E1 This section extended to England, Wales and Scotland only; a separate s. 47K exists for Northern Ireland only.

Textual Amendments

F1 Ss. 47D-47M inserted (E.W.S.) (prosp.) by Disability Discrimination Act 2005 (c. 13), ss. {8(1)}, 20(3)-(6)

F2 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1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 47K Penalties under sections 47D to 47H: procedure N.I.

(1) In this section “penalty” means a penalty under any of sections 47D to 47H.

(2) If the Department for Regional Development decides that a person is liable to a penalty, that Department must notify the person of the decision.

(3) A notification under subsection (2) must—

(a) state that Department's reasons for deciding that the person is liable to the penalty;

(b) state the amount of the penalty;

(c) specify the date before which, and the manner in which, the penalty must be paid; and

(d) include an explanation of the steps that the person may take if he objects to the penalty.

(4) Where a person to whom a notification under subsection (2) is issued objects on the ground that—

(a) he is not liable to the imposition of a penalty, or

(b) the amount of the penalty is too high,

the person may give a notice of objection to the Department for Regional Development.

(5) A notice of objection must—

(a) be in writing;

(b) give the objector's reasons; and

(c) be given before the end of the prescribed period.

(6) Where the Department for Regional Development receives a notice of objection to a penalty in accordance with this section, that Department shall consider it and—

(a) cancel the penalty;

(b) reduce the penalty; or

(c) determine to do neither of those things.

(7) Where the Department for Regional Development considers under subsection (6) a notice of objection under subsection (4), it shall—

(a) inform the objector of its decision before the end of the prescribed period or such longer period as it may agree with the objector; and

(b) if it reduces the penalty, notify the objector of the reduced amount.]

Textual Amendments

F3 Ss. 47D-47H, 47J-47M inserted (N.I.) (prosp.) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 10(1)