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Equality Act 2006

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21Unlawful act noticeE+W+S

This section has no associated Explanatory Notes

(1)The Commission may give a person a notice under this section (an “unlawful act notice”) if—

(a)he is or has been the subject of an investigation under section 20(1)(a), and

(b)the Commission is satisfied that he has committed an unlawful act.

(2)A notice must specify—

(a)the unlawful act, and

(b)the provision of the [F1Equality Act 2010] by virtue of which the act is unlawful.

(3)A notice must inform the recipient of the effect of—

(a)subsections (5) to (7),

(b)section 20(1)(b), and

(c)section 24(1).

(4)A notice may—

(a)require the person to whom the notice is given to prepare an action plan for the purpose of avoiding repetition or continuation of the unlawful act;

(b)recommend action to be taken by the person for that purpose.

(5)A person who is given a notice may, within the period of six weeks beginning with the day on which the notice is given, appeal to the appropriate court or tribunal on the grounds—

(a)that he has not committed the unlawful act specified in the notice, or

(b)that a requirement for the preparation of an action plan imposed under subsection (4)(a) is unreasonable.

(6)On an appeal under subsection (5) the court or tribunal may—

(a)affirm a notice;

(b)annul a notice;

(c)vary a notice;

(d)affirm a requirement;

(e)annul a requirement;

(f)vary a requirement;

(g)make an order for costs or expenses.

(7)In subsection (5) “the appropriate court or tribunal” means—

(a)an employment tribunal, if a claim in respect of the alleged unlawful act could be made to it, or

(b)[F2the county court] (in England and Wales) or the sheriff (in Scotland), if a claim in respect of the alleged unlawful act could be made to it or to him.

Textual Amendments

F1Words in s. 21(2)(b) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 67 (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(vi) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

F2Words in s. 21(7)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

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