39.—(1) If —
(a)the terms of reference of a formal investigation state that its purpose is to determine whether any requirements of a non-discrimination are being or have been carried out, but regulation 32(2)(b) does not apply; and
(b)Regulation 31(3) is complied with in relation to the investigation on a date (“the commencement date”) not later than the expiration of the period of 5 years beginning when the non-discrimination notice became final,
the Commission may within the period referred to in paragraph (2) serve notices under regulation 32(1) for the purposes of the investigation without the authorisation mentioned in paragraph 32(2)(a).
(2) The said period begins on the commencement date and ends on the later of the following dates —
(a)the date on which the period of 5 years mentioned in paragraph (1)(b) expires;
(b)the date of 2 years after the commencement date.