Disability Discrimination Act 1995

Prospective

[F1 28M Roles of the Secretary of State and the [F2 Welsh Ministers] E+W+S

(1) If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—

(a) has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under section 28D or 28E, or

(b) has failed to discharge a duty imposed by or under either of those sections,

it may give that body such directions as to the discharge of the duty as appear to it to be expedient.

[F3 (1A) If the Welsh Ministers are satisfied (whether on a complaint or otherwise) that a local authority—

(a) has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under sections 28IC, 28ID or 28IE, or

(b) has failed to discharge a duty imposed by or under any of those sections,

they may give that body such directions as to the discharge of the duty as appear to them to be expedient.]

(2) Subsection (3) applies in relation to—

[F4 (a) schools approved under section 342 of the Education Act 1996 (non-maintained special schools); and]

(b) city academies.

(3) If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body—

(a) has acted, or is proposing to act, unreasonably in the discharge of a duty which that body has in relation to—

(i) the provision to the appropriate authority of copies of that body’s accessibility plan, or

(ii) the inspection of that plan, or

(b) has failed to discharge that duty,

it may give that body such directions as to the discharge of the duty as appear to it to be expedient.

(4) Directions may be given under subsection (1) [F6 , (1A) ] or (3) even if the performance of the duty is contingent upon the opinion of the responsible body.

(5) Subsection (6) applies if the [F7 First-tier Tribunal] [F8 [F9 or the Welsh Tribunal]] has made an order under section 28I(3).

(6) If the Secretary of State is satisfied (whether on a complaint or otherwise) that the responsible body concerned—

(a) has acted, or is proposing to act, unreasonably in complying with the order, or

(b) has failed to comply with the order,

he may give that body such directions as to compliance with the order as appear to him to be expedient.

[F10 (6A) Subsection (6B) applies if the Welsh Tribunal has made an order under section 28I(3) or section 28IA(4).

(6B) If the Welsh Ministers are satisfied (whether on a complaint or otherwise) that the responsible body concerned—

(a) has acted, or is proposing to act, unreasonably in complying with the order, or

(b) has failed to comply with the order,

they may give that body such directions as to compliance with the order as appear to them to be expedient.]

(7) Directions given under subsection (1), [F11 (1A), ](3) [F12 or ](6) [F13 or (6B) ]—

(a) may be varied or revoked by the directing authority; and

(b) may be enforced, on the application of the directing authority, by a mandatory order obtained in accordance with section 31 of the Supreme Court Act 1981.

[F14 (7A) The Secretary of State may not, unless subsection (7B) applies, give a direction under this section to a responsible body in England in respect of a matter that—

(a) has been complained about to a Local Commissioner in accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (parental complaints against governing bodies etc.), or

(b) in the Secretary of State's opinion, could have been so complained about.

(7B) This subsection applies if—

(a) the Local Commissioner has made a recommendation to the responsible body under section 211(4) of the Apprenticeships, Skills, Children and Learning Act 2009 (statement following investigation) in respect of the matter, and

(b) the responsible body has not complied with the recommendation.]

(8) “Appropriate authority” means—

(a) in relation to England, the Secretary of State; and

(b) in relation to Wales, the [F15 Welsh Ministers].

(9) “Directing authority” means—

(a) the Secretary of State in relation to a direction given by him; and

(b) the [F16 Welsh Ministers] in relation to a direction given by [F16 them].]

Textual Amendments

F1 S. 28M inserted (E.W.S.) (1.9.2002 for certain purposes and 8.10.2003 in so far as not already in force) by 2001 c. 10, ss. 22, 43(3) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1; S.I. 2003/2532, art. 2, Sch.

F2 S. 28M: words in heading substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F3 S. 28M(1A) inserted (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 15(2), 26 (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2))

F4 S. 28M(2)(a) substituted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 169, 173, Sch. 1 para. 3

F5 Words in s. 28M(2)(a) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(3), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F6 Word in s. 28M(4) inserted (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 15(3), 26

F7 Words in s. 28M(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 9(1), Sch. 3 para. 119

F8 Words in S. 28M(5) omitted (W.) (prosp.) by virtue of Education (Wales) Measure 2009 (nawm 5), ss. 15(4), 26

F9 Words in s. 28M(5) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 11 (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

F10 S. 28M(6A)(6B) inserted (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 15(5), 26

F11 Word in s. 28M(7) inserted (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 15(6), 26

F12 Word in s. 28M(7) repealed (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 15(6), 26

F13 Words in s. 28M(7) inserted (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 15(6), 26

F14 S. 28M(7A)(7B) inserted (19.4.2010 for specified purposes, 1.9.2010 for specified purposes, otherwise prosp.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 221(3), 269(4); S.I. 2010/303, art. 5, Sch. 4 (with arts. 8-12); S.I. 2010/1151, art. 4, Sch. 2 (with arts. 5 - 20)

F15 Words in s. 28M(8)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(4), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F16 Words in s. 28M(9)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1, 3, Sch. 1 para. 54(5), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.