Disability Discrimination Act 1995

52 Further provision about codes issued under section 51. U.K.

(1) In this section “proposal” means a proposal made by the Council to the Secretary of State under section 51.

(2) In preparing any proposal, the Council shall consult—

(a) such persons (if any) as the Secretary of State has specified in making his request to the Council; and

(b) such other persons (if any) as the Council considers appropriate.

(3) Before making any proposal, the Council shall publish a draft, consider any representations made to it about the draft and, if it thinks it appropriate, modify its proposal in the light of any of those representations.

(4) Where the Council makes any proposal, the Secretary of State may—

(a) approve it;

(b) approve it subject to such modifications as he considers appropriate; or

(c) refuse to approve it.

(5) Where the Secretary of State approves any proposal (with or without modifications), he shall prepare a draft of the proposed code and lay it before each House of Parliament.

(6) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed code.

(7) If no such resolution is made within the 40-day period, the Secretary of State shall issue the code in the form of his draft.

(8) The code shall come into force on such date as the Secretary of State may appoint by order.

(9) Subsection (6) does not prevent a new draft of the proposed code from being laid before Parliament.

(10) If the Secretary of State refuses to approve a proposal, he shall give the Council a written statement of his reasons for not approving it.

(11) The Secretary of State may by order revoke a code.

(12) In this section “40-day period”, in relation to the draft of a proposed code, means—

(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

Extent Information

E1 In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Modifications etc. (not altering text)

C1 S. 52(2): Power to transfer functions conferred (E.W.S.) (25.4.2000) by 1999 c. 17, s. 9(2), (with s. 9(3)); S.I. 2000/880, art. 2, Sch. 2

Commencement Information

I1 S. 52 wholly in force at 2.1.1996; s. 52 not in force at Royal Assent see. s. 70(3); s. 52 in force (E.W.S.) at 1.1.1996 by S.I. 1995/3330, art. 2; s. 52 in force (N.I.) at 2.1.1996 by S.R. 1996/1, art. 2