- Latest available (Revised)
- Original (As enacted)
Equality Act 2006, Section 16 is up to date with all changes known to be in force on or before 15 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The Commission may conduct an inquiry into a matter relating to any of the Commission's duties under sections 8 [F1and 9].
(2)If in the course of an inquiry the Commission begins to suspect that a person may have committed an unlawful act—
(a)in continuing the inquiry the Commission shall, so far as possible, avoid further consideration of whether or not the person has committed an unlawful act,
(b)the Commission may commence an investigation into that question under section 20,
(c)the Commission may use information or evidence acquired in the course of the inquiry for the purpose of the investigation, and
(d)the Commission shall so far as possible ensure (whether by aborting or suspending the inquiry or otherwise) that any aspects of the inquiry which concern the person investigated, or may require his involvement, are not pursued while the investigation is in progress.
(3)The report of an inquiry—
(a)may not state (whether expressly or by necessary implication) that a specified or identifiable person has committed an unlawful act, and
(b)shall not otherwise refer to the activities of a specified or identifiable person unless the Commission thinks that the reference—
(i)will not harm the person, or
(ii)is necessary in order for the report adequately to reflect the results of the inquiry.
(4)Subsections (2) and (3) shall not prevent an inquiry from considering or reporting a matter relating to human rights (whether or not a necessary implication arises in relation to the [F2Equality Act 2010]).
(5)Before settling a report of an inquiry which records findings which in the Commission's opinion are of an adverse nature and relate (whether expressly or by necessary implication) to a specified or identifiable person the Commission shall—
(a)send a draft of the report to the person,
(b)specify a period of at least 28 days during which he may make written representations about the draft, and
(c)consider any representations made.
(6)Schedule 2 makes supplemental provision about inquiries.
Textual Amendments
F1Words in s. 16(1) substituted (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(8), 103(2)
F2Words in s. 16(4) substituted (1.10.2010) by Equality Act 2010 (c. 15), s. 216(3), Sch. 26 para. 66 (with ss. 6(4), 205); S.I. 2010/2317, art. 2(15)(e)(vi) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: