(1)Without prejudice to their general power to do anything requisite for the performance of their duties under section 43(1), the Commission may if they think fit, and shall if required by the Secretary of State, conduct a formal investigation for any purpose connected with the carrying out of those duties.
(2)The Commission may, with the approval of the Secretary of State, appoint, on a full-time or part-time basis, one or more individuals as additional Commissioners for the purposes of a formal investigation.
(3)The Commission may nominate one or more Commissioners, with or without one or more additional Commissioners, to conduct a formal investigation on their behalf, and may delegate any of their functions in relation to the investigation to the persons so nominated.
(1)The Commission shall not embark on a formal investigation unless the requirements of this section have been complied with.
(2)Terms of reference for the investigation shall be drawn up by the Commission or, if the Commission were required by the Secretary of State to conduct the investigation, by the Secretary of State after consulting the Commission.
(3)It shall be the duty of the Commission to give general notice of the holding of the investigation unless the terms of reference confine it to activities of persons named in them, but in such a case the Commission shall in the prescribed manner give those persons notice of the holding of the investigation.
(4)Where the terms of reference of the investigation confine it to activities of persons named in them and the Commission in the course of it propose to investigate any act made unlawful by this Act which they believe that a person so named may have done, the Commission shall—
(a)inform that person of their belief and of their proposal to investigate the act in question; and
(b)offer him an opportunity of making oral or written representations with regard to it (or both oral and written representations if he thinks fit);
and a person so named who avails himself of an opportunity under this subsection of making oral representations may be represented—
(i)by counsel or a solicitor; or
(ii)by some other person of his choice, not being a person to whom the Commission object on the ground that he is unsuitable.
(5)The Commission or, if the Commission were required by the Secretary of State to conduct the investigation, the Secretary of State after consulting the Commission may from time to time revise the terms of reference; and subsections (1), (3) and (4) shall apply to the revised investigation and terms of reference as they applied to the original.
(1)For the purposes of a formal investigation the Commission, by a notice in the prescribed form served on him in the prescribed manner—
(a)may require any person to furnish such written information as may be described in the notice, and may specify the time at which, and the manner and form in which, the information is to be furnished;
(b)may require any person to attend at such time and place as is specified in the notice and give oral information about, and produce all documents in his possession or control relating to, any matter specified in the notice.
(2)Except as provided by section 60, a notice shall be served under subsection (1) only where—
(a)service of the notice was authorised by an order made by the Secretary of State; or
(b)the terms of reference of the investigation state that the Commission believe that a person named in them may have done or may be doing acts of all or any of the following descriptions—
(i)unlawful discriminatory acts;
(ii)contraventions of section 28; and
(iii)contraventions of sections 29, 30 or 31,
and confine the investigation to those acts.
(3)A notice under subsection (1) shall not require a person—
(a)to give information, or produce any documents, which he could not be compelled to give in evidence, or produce, in civil proceedings before the High Court or the Court of Session; or
(b)to attend at any place unless the necessary expenses of his journey to and from that place are paid or tendered to him.
(4)If a person fails to comply with a notice served on him under subsection (1) or the Commission have reasonable cause to believe that he intends not to comply with it, the Commission may apply to a county court or, in Scotland, a sheriff court for an order requiring him to comply with it or with such directions for the like purpose as may be contained in the order.
(5)[F1Section 55 of the County Courts Act 1984](penalty for neglecting witness summons) shall apply to failure without reasonable excuse to comply with an order of a county court under subsection (4) as it applies in the cases provided in the [F1said section 55]; and paragraph 73 of Schedule 1 to the M1Sheriff Courts (Scotland) Act 1907 (power of sheriff to grant second diligence for compelling the attendance of witnesses or havers) shall apply to an order of a sheriff court under subsection (4) as it applies in proceedings in the sheriff court.
(6)A person commits an offence if he—
(a)wilfully alters, suppresses, conceals or destroys a document which he has been required by a notice or order under this section to produce; or
(b)in complying with such a notice or order, knowingly or recklessly makes any statement which is false in a material particular,
and shall be liable on summary conviction to a fine not exceeding [F2level 5 on the standard scale].
(7)Proceedings for an offence under subsection (6) may (without prejudice to any jurisdiction exercisable apart from this subsection) be instituted—
(a)against any person at any place at which he has an office or other place of business;
(b)against an individual at any place where he resides, or at which he is for the time being.
Textual Amendments
F1Words substituted by County Courts Act 1984 (c. 28, SIF 34), Sch. 2 para. 61
F2Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
Marginal Citations
(1)If in the light of any of their findings in a formal investigation it appears to the Commission necessary or expedient, whether during the course of the investigation or after its conclusion—
(a)to make to any person, with a view to promoting equality of opportunity between persons of different racial groups who are affected by any of his activities, recommendations for changes in his policies or procedures, or as to any other matters; or
(b)to make to the Secretary of State any recommendations, whether for changes in the law or otherwise,
the Commission shall make those recommendations accordingly.
(2)The Commission shall prepare a report of their findings in any formal investigation conducted by them.
(3)If the formal investigation is one required by the Secretary of State—
(a)the Commission shall deliver the report to the Secretary of State; and
(b)the Secretary of State shall cause the report to be published,
and, unless required by the Secretary of State, the Commission shall not publish the report.
(4)If the formal investigation is not one required by the Secretary of State, the Commission shall either publish the report, or make it available for inspection in accordance with subsection (5).
(5)Where under subsection (4) a report is to be made available for inspection, any person shall be entitled, on payment of such fee (if any) as may be determined by the Commission—
(a)to inspect the report during ordinary office hours and take copies of all or any part of the report; or
(b)to obtain from the Commission a copy, certified by the Commission to be correct, of the report.
(6)The Commission may, if they think fit, determine that the right conferred by subsection (5)(a) shall be exercisable in relation to a copy of the report instead of, or in addition to, the original.
(7)The Commission shall give general notice of the place or places where, and the times when, reports may be inspected under subsection (5).
(1)No information given to the Commission by any person (“the informant") in connection with a formal investigation shall be disclosed by the Commission, or by any person who is or has been a Commissioner, additional Commissioner or employee of the Commission, except—
(a)on the order of any court; or
(b)with the informant’s consent; or
(c)in the form of a summary or other general statement published by the Commission which does not identify the informant or any other person to whom the information relates; or
(d)in a report of the investigation published by the Commission or made available for inspection under section 51(5); or
(e)to the Commissioners, additional Commissioners or employees of the Commission, or, so far as may be necessary for the proper performance of the functions of the Commission, to other persons; or
(f)for the purpose of any civil proceedings under this Act to which the Commission are a party, or any criminal proceedings.
(2)Any person who discloses information in contravention of subsection (1) commits an offence and shall be liable on summary conviction to a fine not exceeding [F3level 5 on the standard scale].
(3)In preparing any report for publication or for inspection the Commission shall exclude, so far as is consistent with their duties and the object of the report, any matter which relates to the private affairs of any individual or the business interests of any person where the publication of that matter might, in the opinion of the Commission, prejudicially affect that individual or person.
Textual Amendments
F3Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
Modifications etc. (not altering text)
C1S. 52 applied (with modifications) (1.10.2007) by The Equality Act 2006 (Dissolution of Commissions and Consequential and Transitional Provisions) Order 2007 (S.I. 2007/2602), art. 4(2)
C2S. 52(1): disclosure power extended (14.12.2001) by 2001 c. 24, ss. 17, 127(2)(a), Sch. 4 Pt. I para. 14