SCHEDULES

SCHEDULE 9 Equality: enforcement of duties

Investigations

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(1)

This paragraph applies to—

(a)

investigations required by paragraph 10; and

(b)

any other investigation carried out by the Commission where it believes that a public authority may have failed to comply with a scheme approved or made under paragraph 6 or 7.

(2)

The Commission shall send a report of the investigation to—

(a)

the public authority concerned;

(b)

the Secretary of State; and

(c)

the complainant (if any).

(3)

If a report recommends action by the public authority concerned and the Commission considers that the action is not taken within a reasonable time—

(a)

the Commission may refer the matter to the Secretary of State; and

(b)

the Secretary of State may give directions to the public authority in respect of any matter referred to him.

(4)

Where the Commission—

(a)

sends a report to the Secretary of State under sub-paragraph (2)(b); or

(b)

refers a matter to the Secretary of State under sub-paragraph (3)(a),

it shall notify the Assembly in writing that it has done so and, in a case falling within paragraph (a), send the Assembly a copy of the report.

(5)

Where the Secretary of State gives directions to a public authority under sub-paragraph (3)(b), he shall notify the Assembly in writing that he has done so.