Part 9Enforcement
Chapter 5Miscellaneous
I1138Obtaining information, etc.
1
In this section—
a
P is a person who thinks that a contravention of this Act has occurred in relation to P;
b
R is a person who P thinks has contravened this Act.
2
A Minister of the Crown must by order prescribe—
a
forms by which P may question R on any matter which is or may be relevant;
b
forms by which R may answer questions by P.
3
A question by P or an answer by R is admissible as evidence in proceedings under this Act (whether or not the question or answer is contained in a prescribed form).
4
A court or tribunal may draw an inference from—
a
a failure by R to answer a question by P before the end of the period of 8 weeks beginning with the day on which the question is served;
b
an evasive or equivocal answer.
5
Subsection (4) does not apply if—
a
R reasonably asserts that to have answered differently or at all might have prejudiced a criminal matter;
b
R reasonably asserts that to have answered differently or at all would have revealed the reason for not commencing or not continuing criminal proceedings;
c
R's answer is of a kind specified for the purposes of this paragraph by order of a Minister of the Crown;
d
R's answer is given in circumstances specified for the purposes of this paragraph by order of a Minister of the Crown;
e
R's failure to answer occurs in circumstances specified for the purposes of this paragraph by order of a Minister of the Crown.
6
The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.
7
A Minister of the Crown may by order—
a
prescribe the period within which a question must be served to be admissible under subsection (3);
b
prescribe the manner in which a question by P, or an answer by R, may be served.
8
This section—
a
does not affect any other enactment or rule of law relating to interim or preliminary matters in proceedings before a county court, the sheriff or an employment tribunal, and
b
has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.