Equality Act 2006

Equality Act 2006

2006 CHAPTER 3

Commentary on Sections

Schedule 2: Inquiries, Investigations and Assessments

347. Schedule 2 sets out the provisions relating to terms of reference, representations, evidence, adjournments, reports and recommendations and effects of recommendations relating to inquiries, investigations and assessments.

348. Paragraph 9 allows the CEHR to give a notice to any person, in the course of an inquiry, investigation or assessment.

349. Paragraph 10 provides that the notice may require a person to provide the CEHR with information or documents in his possession or to give oral evidence to it.

350. Paragraph 11 provides the grounds on which a person served with a notice to provide information can apply to the court to overturn the notice.

351. Paragraph 12 enables the CEHR to apply to a county court (or to a sheriff in Scotland) for an order requiring a person to provide the information required.

352. Paragraph 13 creates three summary criminal offences: one of failing to provide information requested under paragraph 9 or ordered by a court under paragraph 12; second, falsifying such information and third, making a false statement in oral evidence to the CEHR, following a request to give oral evidence under paragraph 9. A person who is guilty of an offence under paragraph 13 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

353. Paragraph 14 provides for a person to disregard a notice issued under paragraph 9 if it would require the disclosure of information prejudicial to national security. It also provides that in the event of a person disregarding such a notice the CEHR may apply to the Investigatory Powers Tribunal which shall consider the application by applying the principles of judicial review.

354. Paragraph 15 sets out the requirements on the CEHR to prepare and publish a report of an inquiry, investigation or assessment.

355. Paragraph 16 sets out the powers of the CEHR to make recommendations and provides that these may be addressed to any class of person.

356. Paragraph 17 sets out that a court or tribunal may have regard to the finding of an inquiry, investigation or assessment but shall not treat it as conclusive.

357. Paragraph 19 sets out the exemption from the requirements by courts and tribunals.

358. Paragraph 20 specifies that an inquiry may not consider whether an intelligence service is acting in a way that is incompatible with human rights or other matters concerning human rights in relation to an intelligence service.