The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006

Issue of a non-discrimination notice

37.—(1) This regulation applies to —

(a) an unlawful act of discrimination or harassment; and

(b) an act contravening regulation 19; and

(c) an act contravening regulation 20, 21 or 22,

and so applies whether or not formal proceedings have been brought in respect of the act.

(2) If in the course of a formal investigation the Commission becomes satisfied that a person is committing, or has committed, any such acts, the Commission may in the prescribed manner serve on him a notice in the prescribed form (“a non-discrimination notice”) requiring him —

(a) not to commit any such acts; and

(b) where compliance with sub-paragraph (a) involves changes in any of his practices or other arrangements —

(i) to inform the Commission that he has effected those changes and what those changes are; and

(ii) to take such steps as may be reasonably required by the notice for the purpose of affording that information to other persons concerned.

(3) A non-discrimination notice may also require the person on whom it is served to furnish the Commission with such other information as may be reasonably required by the notice in order to verify that the notice has been complied with.

(4) The notice may specify the time at which, and the manner and form in which, any information is to be furnished to the Commission, but the time at which any information is to be furnished in compliance with the notice shall not be later than 5 years after the notice has become final.

(5) The Commission shall not serve a non-discrimination notice in respect of any person unless it has first —

(a) given him notice that it is minded to issue a non-discrimination notice in his case, specifying the grounds on which it contemplates doing so; and

(b) offered him an opportunity of making oral or written representations in the matter (or both oral and written representations if he thinks fit) within a period of not less than 28 days specified in the notice; and

(c) taken account of any representations so made by him.

(6) Paragraph (2) does not apply to any acts in respect of which the Department of Education could exercise the powers conferred on it by regulation 11(2); but if the Commission becomes aware of any such acts it shall give notice of the acts to the Department of Education.

(7) Regulation 32(4) shall apply to requirements under paragraph (2)(b), (3) and (4) contained in a non-discrimination notice which has become final as it applies to requirements in a notice served under regulation 32(1).