Equality Act 2010 (Obtaining Information) Order 2010

2010 No. 2194

This Order prescribes forms on which a person who thinks that he or she may have been the subject of a contravention of the Equality Act 2010 ("the Act"), including the breach of an equality clause or rule, (P), may ask questions of a person who he or she thinks was responsible for the contravention or breach(R) and also prescribes forms on which R may reply.

Article 2 of this Order prescribes forms for obtaining information about contraventions of the Act other than breaches of the provisions on equality of terms. P may use the questions form in Part 1 of Schedule 1 to the Order and R may use the answers form in Part 2 of that Schedule or P or R may use different forms with the same purpose.

Article 3 prescribes forms for obtaining information about breaches of the equality of terms provisions of the Act. P may use the questions form in Part 1 of Schedule 2 to the Order and R may use the answers form in Part 2 of that Schedule or P or R may use different forms with the same purpose.

Article 4 provides that for any question or answer to be admissible as evidence in proceedings under the Act, P must serve the questions either before the proceedings are commenced or within 28 days of commencement of proceedings or, if later, within a period specified by the court or tribunal.

Article 5 sets out the manner in which questions and answers may be served, including by delivery in person, by post or by electronic means such as fax or email.

Article 6 specifies that where R reasonably asserts that a refusal to answer or an unhelpful answer is due to the purpose of safeguarding national security, then a court or tribunal must not draw an inference from the answer or lack of an answer.

Made: 2nd September 2010 Laid before Parliament: 7th September 2010 Coming into force: 1st October 2010

Published: 10/09/2010 16:31

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