# The Equality Act 2010 (Obtaining Information) Order 2010, Note: Explanatory note


(This note is not part of the Order)
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.
This Order is one of a series of instruments that implement the Act. A full impact assessment of the effect that the Act will have on the costs to business and the voluntary sector is available at the Government Equalities Office website at www.equalities.gov.uk. A separate impact assessment has not been produced for this Order.

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Source: https://www.legislation.gov.uk/uksi/2010/2194/note (the official version)
Page: https://openlegislation.uk/equality-act-2010-obtaining-information-order-2010/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.