(1)With a view to helping a person (“the person aggrieved") who considers he may have been discriminated against [F1or subjected to harassment] in contravention of this Act to decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the Secretary of State shall by order prescribe—
(a)forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and
(b)forms by which the respondent may if he so wishes reply to any questions.
(2)Where the person aggrieved questions the respondent (whether in accordance with an order under subsection (1) or not)—
(a)the question, and any reply by the respondent (whether in accordance with such an order or not) shall, subject to the following provisions of this section, be admissible as evidence in the proceedings;
(b)if it appears to the court or tribunal that the respondent deliberately, and without reasonable excuse, omitted to reply within a reasonable period [F2or, where the question relates to discrimination on grounds of race or ethnic or national origins, or to harassment, the period of eight weeks beginning with the day on which the question was served on him] or that his reply is evasive or equivocal, the court or tribunal may draw any inference from that fact that it considers it just and equitable to draw, including an inference that he committed an unlawful act.
(3)The Secretary of State may by order—
(a)prescribe the period within which questions must be duly served in order to be admissible under subsection (2)(a); and
(b)prescribe the manner in which a question, and any reply by the respondent, may be duly served.
(4)Rules may enable the court entertaining a claim under section 57 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not.
[F3(4A)In section 19B proceedings, subsection (2)(b) does not apply in relation to a failure to reply, or a particular reply, if the conditions specified in subsection (4B) are satisfied.
(4B)Those conditions are that—
(a)at the time of doing any relevant act, the respondent was carrying out public investigator functions or was a public prosecutor; and
(b)he reasonably believes that a reply or (as the case may be) a different reply would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings or any criminal proceedings or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings.
(4C)For the purposes of subsections (4A) and (4B)—
“public investigator functions” has the same meaning as in section 57;
“section 19B proceedings” means proceedings in respect of a claim under section 57 which has arisen by virtue of section 19B.]
(5)This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court, sheriff court or [F4employment tribunal], and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.
(6)In this section “respondent” includes a prospective respondent and “rules”—
(a)in relation to county court proceedings, means county court rules;
(b)in relation to sheriff court proceedings, means sheriff court rules.
[F5(7)This section does not apply in relation to any proceedings under—
(a)the Special Immigration Appeals Commission Act 1997; or
(b)[F6Part 5 of the Nationality, Immigration and Asylum Act 2002].]
Textual Amendments
F1Words in s. 65(1) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 47(a)
F2Words in s. 65(2)(b) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 47(b)
F3S. 65(4A)-(4C) inserted (2.4.2001) by 2000 c. 34, s. 5(2) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F4Words in s. 65(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F5S. 65(7) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 10 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F6Words in s. 65(7)(b) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7, para. 14 (with s. 159); S.I. 2003/754, art. 2(1), Sch.