Paragraph 9

England, Wales and Scotland

(1)

The Commission may appoint one or more Investigating Commissioners.

(2)

An Investigating Commissioner may be appointed only—

(a)

for the purpose of having delegated to him by the Commission the function of taking action of a kind listed in sub-paragraph (3), and

(b)

with the consent of the F1Secretary of State.

(3)

The kinds of action referred to in sub-paragraph (2)(a) are—

(a)

carrying out an inquiry under section 16,

C1(b)

carrying out an investigation under section 20,

(c)

giving an unlawful act notice under section 21, and

(d)

entering into an agreement under section 23.

(4)

An Investigating Commissioner is not a Commissioner; but paragraphs 3(1), (4) and (5) and 33 apply to him as if he were (and with the substitution of references to the Commission for references to the Secretary of State).

Annotations

Textual amendments

F1: Words in Sch. 1 substituted (18.8.2010) by Transfer of Functions (Equality) Order 2010 (S.I. 2010/1839), art. 1(2), Sch. para. 7(2)(o)

Modifications

C1: Sch. 1 para. 9(3)(b) modified (1.10.2007) by The Equality Act 2006 (Dissolution of Commissions and Consequential and Transitional Provisions) Order 2007 (S.I. 2007/2602), art. 5(2)