Equality Bill [HL]—continued
        House of Lords

 

SCHEDULE 7

Section 54(4)

INVESTIGATIONS

Notices

1 (1) If the Commission proposes to conduct an investigation under this Schedule, it must give to every person whose affairs it intends to investigate notice of the proposal.
(2)    A notice under sub-paragraph (1) must set out the scope and purpose of the investigation.

2         The Commission must invite every person on whom a notice under paragraph 1 is given to comment on the matters to which the proposed investigation returns.
3 (1) If the Commission decides to conduct the investigation, it must invite every person whose affairs to be investigated to make oral or written representations to it on the matters under consideration.
(2)    The Commission may appoint one or more competent persons to conduct an investigation on its behalf.
(3)    The investigations are to be conducted in private.
(4)    In all other respects, the Commission may determine the procedure for conducting investigations.
Information and evidence

4         The Commission may make such inquiries and call for such reports as the Commission thinks fit.
5 (1) The Commission may by notice in writing require any person who is the subject of the investigation, or any other person who in the opinion of the Commission is able to provide information or produce documents relevant to it—
(a)    to provide specified information or information of a specified description;
(b)    to produce specified documents or documents of a specified description;
(c)    to attend at a specified time and place to answer questions.
(2)    A statement made under a requirement imposed under this paragraph is admissible in evidence in any proceedings under this Act, so long as it complies with any requirements governing the admissibility of evidence in the circumstances in question.
(3)    “Specified” means specified in the notice.

6         Where the person who is the subject of the investigation is an employer, the Commission may require him to take such reasonable action as the Commission may specify by notice in writing for communicating to his workers (or to workers of any class) any written material provided by the Commission for the purposes of the investigation. Contempt

7 (1) If a person (“A”) fails to comply with a requirement imposed on him under paragraph 5 or 6, the Commission may certify that fact in writing to the court.
(2)    If a person (“B”) intentionally obstructs the Commission (or any officer of the Commission) in the performance of its functions in connection with the investigation, the Commission may certify that fact in writing to the court.
(3)    The court may enquire into any case certified under sub-paragraph (1) or (2) and if it is satisfied—
(a)    in a case falling within sub-paragraph (1), that A failed without reasonable excuse to comply with the requirement;
(b)    in a case falling within sub-paragraph (2), that B obstructed the Commission without lawful authority or reasonable excuse;
    it may deal with A or B (and in the case of a body corporate, any director or officer of A or B) as if he were in contempt.
(4)    “Court” means—
(a)    the High Court;
(b)    in Scotland, the Court of Session.
 

 
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