SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976

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SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 59



59.(1) For the purposes of a formal investigation the Commission, by a notice
in the prescribed form served on him in the prescribed manner,

(a)may require any person to furnish such written information as may be
described in the notice, and may specify the time at which, and the manner and
form in which, the information is to be furnished;

(b)may require any person to attend at such time and place as is specified in
the notice and give oral information about, and produce all documents in his
possession or control relating to, any matter specified in the notice.

(2) Except as provided by Article 69, a notice shall be served under paragraph
(1) only where

(a)service of the notice was authorised by an order made by the Department of
Manpower Services, or

(b)the terms of reference of the investigation state that the Commission
believes that a person named in them may have done or may be doing acts of all
or any of the following descriptions

(i)unlawful discriminatory acts,

(ii)contraventions of Article 38,

<(iii)contraventions of Article 39, 40 or 41, and


<(iv)acts in breach of a term modified or included by virtue of an equality clause,


(b)and confine the investigation to those acts.

(3) A notice under paragraph (1) shall not require a person

(a)to give information, or produce any documents, which he could not be
compelled to give in evidence, or produce, in civil proceedings before the
High Court, or

(b)to attend at any place unless the necessary expenses of his journey to and
from that place are paid or tendered to him.

(4) If a person fails to comply with a notice served on him under paragraph
(1) or the Commission has reasonable cause to believe that he intends not to
comply with it, the Commission may apply to a county court for an order
requiring him to comply with it or with such directions for the like purpose
as may be contained in the order; and if he fails without reasonable excuse to
comply with any such order he may be dealt with by the county court as if he
had failed to comply with a witness summons issued in accordance with county
court rules.

(5) A person commits an offence if he

(a)wilfully alters, suppresses, conceals or destroys a document which he has
been required by a notice or order under this Article to produce, or

(b)in complying with such a notice or order, knowingly or recklessly makes any
statement which is false in a material particular,

(6) Proceedings for an offence under paragraph (5) may (without prejudice to
any jurisdiction exercisable apart from this paragraph) be instituted

(a)against any person at any place at which he has an office or other place of
business;

(b)against an individual at any place where he resides, or at which he is for
the time being.

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Northern Irish Legislation

SEX DISCRIMINATION (NORTHERN IRELAND) ORDER 1976 - SECT 59