Assessment of compliance with the general and specific duties
Assessment of compliance
S32 Equality Act 2006 (margin note)
From late 2007, the CEHR can assess what steps a public authority has taken to comply with the duty to eliminate unlawful discrimination and harassment, to promote equality of opportunity between men and women and with any relevant specific duties.
Terms of reference
Schedule 2 paragraph 4, Equality Act 2006 (margin note)
The Commission will give the public authority under scrutiny the proposed terms of reference for the assessment (and any subsequently revised terms of reference) and will consider any representations from the authority on those proposed terms.
Once terms of reference are settled they will be published.
Schedule 2 paragraphs 6 – 8, Equality Act 2006 (margin note)
The Commission will make arrangements to enable third parties and public authorities under scrutiny the opportunity to make representations in relation to the assessment. Such arrangements may, but need not, include oral representations. The Commission will consider representations on assessments from the public authority under scrutiny and from third parties.
Where appropriate, however, the Commission may refuse to consider representations from third parties and from the public authority under scrutiny itself (in the latter case, only where its representations were not made by a barrister, advocate or solicitor). The Commission will write to the third party/public authority to explain its reasons for these decisions.
Schedule 2 paragraphs 9 - 14, Equality Act 2006 (margin note)
The Commission may send a notice to any person requiring them to provide information or documents in his or her possession or give oral evidence in the course of the assessment. The Commission may specify the form of the information, documents or evidence and stipulate a date by which the information must be provided. The Commission cannot, however, ask a person to provide information which he is prohibited from disclosing by virtue of an enactment or to do more than they could be compelled to do in High Court proceedings in England or in the Scottish Court of Session. The Commission can also require a person to attend a particular place to give evidence providing it undertakes to pay his or her expenses.
A notice may be cancelled by a county court (or sheriff in Scotland), on the application of the recipient of the notice, if the court (or sheriff) decides that the requirements are unnecessary to the purpose of the assessment, or otherwise unreasonable.