Textual Amendments
F1Pt. 5A (ss. 49A-49F) inserted (E.W.S) (30.6.2005 for s. 49D for certain purposes, 5.12.2005 for s. 49A(1) for certain purposes, and 49B-49F so far as not already in force, and otherwise 4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 3, 20(3)-(6); S.I. 2005/1676, art. 2(2)(b); S.I. 2005/2774, arts. 3(b), 4(a)
(1)Where the Disability Rights Commission is satisfied that a public authority has failed to comply with, or is failing to comply with, a duty imposed on it by regulations under section 49D, the Commission may serve a notice on it.
(2)The following provisions of this section apply to a notice served on an authority under subsection (1).
(3)The notice shall require the authority—
(a)to comply with the duty concerned; and
(b)to furnish the Commission, by the end of the period of 28 days beginning with the day on which the notice is served, with details of the steps that it has taken, or is taking, to comply with the duty.
(4)The notice may also require the authority to furnish the Commission with other information specified in the notice if the Commission reasonably requires the information in order to verify that the duty has been complied with.
(5)The notice shall specify the time by which the authority is to furnish information which it is required to furnish under subsection (4).
(6)A time specified under subsection (5) shall not be later than the end of the three months beginning with the day on which the notice is served.
(7)The notice may specify the manner and form in which the authority is to furnish information which the notice requires it to furnish to the Commission.
(8)The notice shall not require the authority—
(a)to furnish information which it could not be compelled to furnish in evidence in civil proceedings before the High Court; or
(b)to furnish information which it could not be compelled to furnish in evidence in civil proceedings before the Court of Session.]