SCHEDULES

SCHEDULE 3 Formal investigations and non-discrimination notices

Part II Non-discrimination notices

Procedure for issuing and appealing against non-discrimination notices

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(1)

The Commission shall not issue a non-discrimination notice addressed to any person unless it has complied with the requirements of this paragraph.

(2)

The Commission shall serve on the person concerned a notice—

(a)

informing him that the Commission is considering issuing a non-discrimination notice and of the grounds for doing so,

(b)

offering him the opportunity to make written and oral representations.

(3)

The Commission shall give the person concerned or his representative the opportunity of making oral and written representations within a period specified in the notice of not less than 28 days.

(4)

The Commission may refuse to receive oral representations made on behalf of the person concerned by a person (not being counsel or a solicitor) to whom the Commission reasonably objects as being unsuitable.

(5)

If the Commission refuses to receive oral representations from a person under sub-paragraph (4), it shall give reasons in writing for its objection.

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On issuing a non-discrimination notice, the Commission shall serve a copy on the person to whom it is addressed.