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PART II |
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NON-DISCRIMINATION NOTICES |
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Procedure for issuing and appealing against non-discrimination notices |
| | 8. - (1) The Commission shall not issue a non-discrimination notice addressed to any person unless it has complied with the requirements of this paragraph.
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(2) The Commission shall serve on the person concerned a notice-
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(a) informing him that the Commission is considering issuing a non-discrimination notice and of the grounds for doing so; |
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(b) offering him the opportunity to make written and oral representations. |
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(3) The Commission shall give the person concerned or his representative the opportunity of making oral and written representations within a period specified in the notice of not less than 28 days.
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(4) The Commission may refuse to receive oral representations made on behalf of the person concerned by a person (not being counsel or a solicitor) to whom the Commission reasonably objects as being unsuitable.
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| | 9. On issuing a non-discrimination notice, the Commission shall serve a copy on the person to whom it is addressed.
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Appeal against non-discrimination notice |
| | 10. - (1) A person on whom a non-discrimination notice is served may, within the period of six weeks beginning with the day after the notice is served on him, appeal against any requirement imposed by the notice.
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(2) An appeal under this paragraph lies-
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(a) to an employment tribunal, so far as the requirement relates to acts within the tribunal's jurisdiction; and |
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(b) to a county court or a sheriff court so far as the requirement relates to acts which are not within the jurisdiction of an employment tribunal. |
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(3) The court or tribunal shall quash any requirement appealed against which it considers to be unreasonable (whether because it was based on an incorrect finding of fact or for any other reason).
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(4) On quashing a requirement the court or tribunal may direct that the non-discrimination notice shall have effect as if, in place of that requirement, it contained a requirement in terms specified in the direction.
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(5) Sub-paragraph (1) does not apply to a requirement contained in such a direction.
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| | 11. A non-discrimination notice becomes final when-
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(a) an appeal against the notice is dismissed, withdrawn or abandoned, or |
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(b) the time for appealing expires without an appeal having been brought;
and for this purpose an appeal shall be taken to be dismissed if, in relation to a requirement appealed against, a direction is given in respect of it under paragraph 10(4). |
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Enforcement of non-discrimination notice |
| | 12. - (1) The Commission may apply to a county court or by summary application to the sheriff for an order under this paragraph if-
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(a) a person has been served with a non-discrimination notice which has become final; and |
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(b) he has failed to comply with it or the Commission has reasonable cause to believe that he intends not to comply with it. |
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(2) An order under this paragraph is an order requiring the person concerned to comply with the notice or with such directions for the same purpose as are contained in the order.
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(3) Paragraph 15 applies in relation to the enforcement of an order under this paragraph.
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Register of non-discrimination notices |
| | 13. - (1) The Commission shall maintain a register of non-discrimination notices which have become final.
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(2) The Commission shall arrange for-
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(a) the register to be available for inspection at all reasonable times, and |
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(b) certified copies of any entry to be provided if required by any person. |
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(3) The Commission shall publish those arrangements in such manner as it considers appropriate to bring them to the attention of persons likely to be interested.
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