Part 1

The Commission for Equality and Human Rights

Enforcement powers

Public sector duties: compliance notice
32
1
This section applies where the Commission thinks that a person has failed to comply with a duty under or by virtue of —
a
section 76A, 76B or 76C of the Sex Discrimination Act 1975 (public authorities: duty to eliminate discrimination, &c.),
b
section 71 of the Race Relations Act 1976 (public authorities: duty to eliminate discrimination, &c.), or
c
section 49A or 49D of the Disability Discrimination Act 1995 (public authorities: duty to eliminate discrimination, &c.).
2
The Commission may give the person a notice requiring him—
a
to comply with the duty, and
b
to give the Commission, within the period of 28 days beginning with the date on which he receives the notice, written information of steps taken or proposed for the purpose of complying with the duty.
3
A notice under this section may require a person to give the Commission information required by the Commission for the purposes of assessing compliance with the duty; in which case the notice shall specify—
a
the period within which the information is to be given (which shall begin with the date on which the notice is received and shall not exceed three months), and
b
the manner and form in which the information is to be given.
4
The Commission may not give a notice under this section in respect of a duty under section 76A of the Sex Discrimination Act 1975, section 71(1) of the Race Relations Act 1976 or section 49A of the Disability Discrimination Act 1995 unless—
a
the Commission has carried out an assessment under section 31 above, and
b
the notice relates to the results of the assessment.
5
A person who receives a notice under this section shall comply with it.
6
But a notice under this section shall not oblige a person to give information—
a
that he is prohibited from disclosing by virtue of an enactment, or
b
that he could not be compelled to give in proceedings before the High Court or the Court of Session.
7
Paragraphs 11 and 14 of Schedule 2 shall have effect (with any necessary modifications) in relation to a requirement imposed by a notice under this section as they have effect in relation to a requirement imposed by a notice under paragraph 9 of that Schedule.
8
If the Commission thinks that a person, to whom a notice under this section has been given, has failed to comply with a requirement of the notice, the Commission may apply to the court for an order requiring the person to comply.
9
In subsection (8) “the court” means—
a
where the notice related to a duty under section 76A of the Sex Discrimination Act 1975 (c. 65), section 71(1) of the Race Relations Act 1976 (c. 74) or section 49A of the Disability Discrimination Act 1995 (c. 50), the High Court (in England and Wales) or (in Scotland) the Court of Session, and
b
in any other case, a county court (in England and Wales) or the sheriff (in Scotland).
10
A notice under this section shall specify a time before which the Commission may not make an application under subsection (8) in respect of the notice.
11
Legal proceedings in relation to a duty by virtue of section 76B or 76C of the Sex Discrimination Act 1975, section 71(2) of the Race Relations Act 1976 or section 49D of the Disability Discrimination Act 1995—
a
may be brought by the Commission in accordance with subsection (8) above, and
b
may not be brought in any other way.