Enforcement notices
71. Issue of enforcement notices
(1) This section applies to any act which is—
- (a) an unlawful discriminatory act;
- (b) an unlawful act of harassment;
- (c) a contravention of section 41; or
- (d) a contravention of section 42, 43, 44 or 45,
and so applies whether or not the proceedings have been brought in respect of the act.
(2) If in the course of a formal investigation the Commission becomes satisfied that a person is committing, or has committed, any acts to which this section applies, the Commission may in the prescribed manner serve on the person a notice in the prescribed form requiring the person—
- (a) not to commit any such acts (which may include discontinuing or changing any of the person’s practices or other arrangements which occasioned those acts, in particular to avoid any repetition thereof); and
- (b) where compliance with paragraph (a) involves changes in any of the person’s practices or other arrangements—
- (i) to inform the Commission that he or she has effected changes and what those changes are; and
- (ii) to take such steps as may be reasonably required by the notice for the purpose of affording that information to other persons concerned.
(3) An enforcement notice may also require the person on whom it is served to furnish the Commission with such other information as may be reasonably required by the notice in order to verify that the notice has been complied with.
(4) An enforcement notice may specify the time at which, and the manner and form in which, any information is to be furnished to the Commission, but the time at which any information is to be furnished in compliance with the notice must not be later than 5 years after the notice has become final.
(5) Section 66(5) applies to requirements under subsections (2)(b), (3) and (4) contained in an enforcement notice which has become final as it applies to requirements in a notice served under section 66(1).
