Equality Act 2006

70 Information

(1) In this section—

(a) a reference to a claimant is a reference to a person who has brought proceedings under this Part,

(b) a reference to a potential claimant is a reference to a person who—

(i) thinks he may have been the subject of an act that is unlawful by virtue of this Part, and

(ii) wishes to consider whether to bring proceedings under this Part, and

(c) a person questioned by a potential claimant for the purpose of considering whether to bring proceedings is referred to as a potential respondent.

(2) The Secretary of State shall by order prescribe—

(a) forms by which a claimant or potential claimant may question the respondent or a potential respondent about the reasons for an action or about any matter that is or may be relevant, and

(b) forms by which a respondent or potential respondent may reply (if he wishes).

(3) A claimant’s or potential claimant’s questions, and a respondent or potential respondent’s replies, (in each case whether or not put by a prescribed form) shall be admissible as evidence in proceedings in respect of the act to which the questions relate if (and only if) the questions are put—

(a) within the period of six months beginning with the date of the act (or last act) to which they relate, and

(b) in such manner as the Secretary of State may prescribe by order.

(4) A court may draw an inference from—

(a) a failure to reply to a claimant’s or potential claimant’s questions (whether or not put by a prescribed form) within the period of eight weeks beginning with the date of receipt, or

(b) an evasive or equivocal reply to a claimant’s or potential claimant’s questions (whether or not put by a prescribed form).

(5) The Secretary of State may by order amend subsection (3)(a) so as to substitute a new period for that specified.

(6) In the application of this section to Scotland—

(a) a reference to a claimant or potential claimant shall be taken as a reference to a pursuer or potential pursuer, and

(b) a reference to a respondent or potential respondent shall be taken as a reference to a defender or potential defender.

(7) An order under this section—

(a) shall be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) This section is subject to section 52(6).