The Equality Commission (Time Limits) Regulations (Northern Ireland) 2001

Time limit for completion of formal investigation by Commission

2.—(1) Subject to paragraph (5), paragraph (3) shall apply where the Commission fails—

(a) where it has decided to conduct a formal investigation, to publish the investigation report; or

(b) where the Office has directed it to conduct a formal investigation, to serve the investigation report on the Office,

before the expiration of the period specified in paragraph (2).

(2) The period referred to in paragraph (1) is—

(a) the reporting period; or

(b) where one or more extended periods are allowed under paragraph (4), that extended period or the last of those extended periods, as the case may be.

(3) Where this paragraph applies—

(a) any requirement contained in a non-discrimination notice served by the Commission in relation to the formal investigation shall cease to have effect;

(b) any requirement contained in an information notice served in relation to the formal investigation which has not yet been complied with shall cease to have effect; and

(c) no steps or further steps may be taken by the Commission in the conduct of the formal investigation.

(4) The Office may allow to the Commission—

(a) such extended period for the purpose of taking steps or further steps in the conduct of a formal investigation as the Office may specify; or

(b) where an extended period has already been allowed once or more than once under this paragraph, such further extended period for that purpose as the Office may specify.

(5) Where the reporting period or any extended period allowed under paragraph (4) has started to run, it ceases to run during any period beginning with the day specified in an information notice for compliance with the notice and ending with the day on which the notice is fully complied with.

(6) The Commission shall include in its annual report—

(a) a statement of any extended period which was allowed under paragraph (4) during the financial year to which the annual report relates;

(b) a statement of any suspension of a period by virtue of paragraph (5) which has occurred during that financial year; and

(c) where paragraph (3) has applied in relation to any formal investigation during that financial year—

(i) a statement of that fact; and

(ii) a statement of the reasons for the failure to publish or serve the investigation report as specified in paragraph (1).

(7) For the purposes of paragraphs (3)(c) and (4), and without prejudice to the generality thereof, “steps” includes—

(a) the service of a non-discrimination notice; and

(b) the preparation, publication or service of an investigation report.