Equality Act 2006 (c. 3)

Part 1 E+W+S The Commission for Equality and Human Rights

Enforcement powers E+W+S

20 Investigations E+W+S

(1) The Commission may investigate whether or not a person—

(a) has committed an unlawful act,

(b) has complied with a requirement imposed by an unlawful act notice under section 21, or

(c) has complied with an undertaking given under section 23.

(2) The Commission may conduct an investigation under subsection (1)(a) only if it suspects that the person concerned may have committed an unlawful act.

(3) A suspicion for the purposes of subsection (2) may (but need not) be based on the results of, or a matter arising during the course of, an inquiry under section 16.

(4) Before settling a report of an investigation recording a finding that a person has committed an unlawful act or has failed to comply with a requirement or undertaking the Commission shall—

(a) send a draft of the report to the person,

(b) specify a period of at least 28 days during which he may make written representations about the draft, and

(c) consider any representations made.

(5) Schedule 2 makes supplemental provision about investigations.