PART VIIIENFORCEMENT

Non-discrimination notices

Investigation as to compliance with non-discrimination notice57

1

If—

a

the terms of reference of a formal investigation state that its purpose is to determine whether any requirements of a non-discrimination notice are being or have been carried out, but Article 48(2)(b) does not apply; and

b

Article 47(3) is complied with in relation to the investigation on a date ( “the commencement date”) not later than the expiration of the period of 5 years beginning when the non-discrimination notice became final,

the Commission may within the period referred to in paragraph (2) serve notices under Article 48(1) for the purposes of the investigation without the authorisation mentioned in Article 48(2)(a).

2

The said period begins on the commencement date and ends on the later of the following dates—

a

the date on which the period of 5 years mentioned in paragraph (1)(b) expires;

b

the date 2 years after the commencement date.