Statutory Instruments
2007 No. 1038
EQUALITY
religion or belief discrimination
The Religion or Belief (Questions and Replies) Order 2007
Made
27th March 2007
Laid before Parliament
3rd April 2007
Coming into force
30th April 2007
The Secretary of State makes this Order in exercise of the power conferred by section 70(2) of the Equality Act 2006(1)—
Citation, commencement and extent
1.—(1) This Order may be cited as the Religion or Belief (Questions and Replies) Order 2007 and shall come into force on 30th April 2007.
(2) This Order does not extend to Northern Ireland.
Forms for questions and replies
2. The forms set out in Schedules 1 and 2 to this Order are, respectively, prescribed as forms—
(a)by which a claimant or potential claimant may question a respondent or potential respondent as mentioned in subsection (2)(a) of section 70 of the Equality Act 2006;
(b)by which a respondent or potential respondent may reply (if he wishes) as mentioned in subsection (2)(b) of that section.
Manner of service of questions and replies
3. A question may be served on a respondent or potential respondent and a reply may be served on a claimant or potential claimant, whether or not the question or reply is in the prescribed form—
(a)by delivering it to him,
(b)by sending it by post to him at his usual or last known residence or place of business,
(c)where the person to be served is acting by a solicitor, by delivering it at, or by sending it by post to, the solicitor’s address for service,
(d)where the person to be served is a claimant or potential claimant, by delivering the reply, or sending it by post, to him at his address for reply as stated by him in the document containing the questions, or if no address is so stated, at his usual or last known residence, or
(e)where the person to be served is a body corporate or is a trade union or employers’ association within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992(2), by delivering it to the secretary or clerk of the body, union or association at its registered or principal office, or by sending it by post to the secretary or clerk at that office.
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State
Department for Communities and Local Government
27th March 2007
Article 2
SCHEDULE 1The Equality Act 2006, section 70(2)(a) Form of Questions by Claimant or Potential Claimant
Article 2
SCHEDULE 2The Equality Act 2006, section 70(2)(b) Form of Reply by Respondent or Potential Respondent
EXPLANATORY NOTE
(This note is not part of the Order)
Section 70(2) of the Equality Act 2006 (“the Act”) requires the Secretary of State to prescribe forms by which a person who has brought or is considering bringing proceedings (a claimant or potential claimant) under Part 2 of the Act (discrimination on grounds of religion or belief) may question the respondent or potential respondent. Article 2 of this Order prescribes these forms. A claimant or potential claimant may use the form set out in Schedule 1 and a respondent or potential respondent may use the form in Schedule 2.
Article 3 provides for the manner of service of questions and replies (whether they are put by means of the prescribed forms or not) for the purposes of section 70 of the Act (information).
Section 70(3) of the Act provides that to be admissible as evidence in proceedings, questions must be put within the period of six months beginning with the date of the act (or last act) to which they relate and in such manner as the Secretary of State may prescribe.
Section 70(4) of the Act provides that a court may draw an inference from a failure to reply to a claimant’s or potential claimant’s questions (whether put by means of the prescribed form or not) within the period of eight weeks beginning with the date of receipt or from an evasive or equivocal reply.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.