When the DRC becomes satisfied in the course of a formal investigation that a person is committing, or has committed, an act of unlawful discrimination, this section gives it the power to issue a non-discrimination notice giving details of the unlawful act and requiring the person to cease committing that act and not to act in the same way in the future.
Such notices may be issued in respect of any act made unlawful by Part II (employment) or Part III (access to goods, services, facilities and premises) of the DDA 1995. Subsection (5) contains a power for the Secretary of State to extend the scope of the provision by making regulations prescribing that it is to apply to any other unlawful act. Among acts which might be considered for inclusion in regulations are acts breaching section 6 of the Human Rights Act 1998 which affect disabled persons.
Subsection (2) gives the DRC the power to recommend changes which it considers the person needs to make to address the unlawful act. Such recommendations would not be binding.
Part II of Schedule 3 sets out detailed arrangements connected with issuing a non-discrimination notice. In particular:
	paragraph 8 requires the DRC to give the person concerned notice that it is considering issuing a non-discrimination notice and to take account of any representations made as a result before a non-discrimination notice is issued;
	paragraph 10 enables the person concerned to appeal against any requirement imposed by a non-discrimination notice, after it has been issued, to an employment tribunal or to a county/sheriff court;
	paragraph 12 enables the DRC to apply to the court for an order to enforce compliance with a non-discrimination notice if the notice has become final (see paragraph 11) and the recipient of the notice fails to comply with it or the DRC has reasonable cause to believe that he intends not to comply with it; and
	paragraph 13 requires the DRC to maintain a register of non-discrimination notices which have become final and to make it publicly available. It also requires the DRC to put a permanent note on the public register when the requirement in a non-discrimination notice to produce an adequate action plan has been met.
Subsection (3) gives the DRC the power to require a person to produce an adequate action plan which would address the unlawful act. An action plan is legally binding once final and its implementation is enforceable by the DRC through the courts.
Part III of Schedule 3 sets out detailed procedures for agreeing an action plan. The time limits which apply to the stages will be set by the Secretary of State by regulations. The key aspects of the process are:
	paragraph 16 allows the DRC to comment on a draft action plan prepared by the person concerned and to provide further recommendations to him if it considers the action plan to be inadequate to address any unlawful acts identified in a non-discrimination notice. If the DRC remains dissatisfied with the adequacy of the action plan, paragraph 17(1) allows it to make an application to the courts to determine the adequacy of the action plan and it allows the courts to issue an order requiring the person to revise his proposals and serve an adequate action plan on the DRC;
	paragraphs 15 and 17(2) give the DRC the power to apply to a county court or sheriff for an order if a person who is required to produce an action plan either fails to do so at all, or fails to produce a revised action plan. Paragraph 23 relates to the enforcement of these court orders. It enables the DRC to apply to the courts for repeated fines in the case of a person who persistently fails to comply with an order issued under paragraphs 15 and 17(2);
	paragraph 20 allows the DRC to monitor the implementation of an action plan for up to five years after it has become final. If during that time the DRC considers that the person has failed to carry out any action that is specified in his action plan, it may apply to a county court or sheriff for an order requiring compliance; and
	paragraph 21 allows the DRC to obtain information so that it can verify whether the person has taken the action specified in the action plan.
Paragraph 26 of Schedule 3 gives the Secretary of State the power to make regulations supplementing Part I (formal investigations) or Part II (non-discrimination notices) of Schedule 3, or amending Part III (action plans) of Schedule 3. This may include, for example, regulations specifying any time limits to apply to the various stages through which both the investigation process and the issue of a non-discrimination notice pass.
Commentary on Sections Section 4: Non-discrimination notices