HC Deb 27 March 1995 vol 257 cc766-7

20. In respect of general investigations or investigations of complaints undertaken by the Commission the Secretary of State shall prescribe by regulations—

  1. (a) the procedure whereby the Commission may require a person to furnish such information as they think will assist in any investigation, and the time, manner and form in which such information is to be furnished;
  2. (b) the procedures to be followed in the case of that person failing to supply that information; and
  3. (c) the penalties to be imposed in the case of that person failing to supply that information; save that such penalties shall not exceed level 3 of the standard scale on summary conviction in respect of such a failure and level 4 in respect of each day on which the failure in continued after conviction in respect thereof.

21.—(1) In respect of general investigations of complaints undertaken by the Commission the Secretary of State shall prescribe by regulations—

  1. (a) the circumstances in which, following such an investigation, the Commission may issue to a person a notice of prohibition of discrimination, which shall be known as a non-discrimination notice;
  2. (b) the manner and form in which such a notice shall be issued;
  3. (c) the procedures to be adopted in investigation whether such a not is being complied with; and
  4. (d) the procedures to be followed in the case of a non-discrimination notice not being complied with.

(2) Regulations made in accordance with sub-paragraph (1) above shall prescribe, in the case of an alleged discrimination by one person against another, the arrangements whereby the Commission may—

  1. (a) in the case of discrimination in contravention of Part II of this Act, refer the matter to an industrial tribunal, and
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  3. (b) in the case of discrimination in contravention of Part III of this Act, apply to a county court for an injunction, or a sheriff court for an order, restraining the respondent from such discrimination,
but nothing in those regulations shall prevent an individual from making a claim of discrimination the subject of civil proceedings.

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