The Religion or Belief (Questions and Replies) Order 2007

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.