3.The Act’s main purpose is to establish the Disability Rights Commission (DRC). The DRC is given general duties and powers, together with specific powers, enabling it to:
work towards the elimination of discrimination against disabled people;
promote the equalisation of opportunities for disabled people;
take steps to encourage good practice in the treatment of disabled people;
keep the Disability Discrimination Act 1995 (DDA 1995) under review;
assist disabled people by offering information, advice and support in taking cases forward;
provide information and advice to employers and service providers;
undertake formal investigations;
prepare statutory codes of practice providing practical guidance on how to comply with the law; and
arrange independent conciliation between service providers and disabled people in the area of access to goods and services.
4.In July 1998, the Government issued a consultation paper on the role and functions of the proposed DRC (Cm 3977 “Promoting disabled people’s rights - Creating a Disability Rights Commission fit for the 21st Century”). It sought views by 16 October 1998.
5.The DDA 1995 provides for the establishment of the National Disability Council (NDC). Like the Commission for Racial Equality (CRE) and the Equal Opportunities Commission (EOC), this body provides advice to the Secretary of State concerning matters within its field of expertise. Like those bodies it also has functions in connection with the preparation of codes of practice. Unlike them, however, the NDC cannot initiate litigation nor support individuals seeking to enforce rights nor does it have powers of investigation.
6.This Act abolishes the NDC, replaces it with the DRC and confers upon the new body expanded functions akin to those of the CRE and EOC. Like the NDC before it, the DRC will cover England, Scotland and Wales.
7.The Act has 16 sections and 5 Schedules. Its provisions fall into two broad areas:
the establishment of the DRC, its constitution and related matters (see section 1 and Schedules 1 and 2); and
the functions of the DRC (see sections 2 to 11 and Schedule 3).
8.In the DDA 1995, "disabled person" means a person who has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. This definition applies in the Act; although many provisions extend to cover those who have had a disability.
1.These explanatory notes relate to the Disability Rights Commission Act 1999. They have been prepared by the Department for Education and Employment (DfEE) in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament.
2.The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given.