Section 28 Help for aggrieved persons in obtaining information etc.F1

Northern Ireland

(1)

With a view to helping a person (“the person aggrieved”) who considers that another person may have unlawfully discriminated against him to decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the Department shall by regulations prescribe—

(a)

forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant, and

(b)

forms by which the respondent may if he so wishes reply to any questions.

(2)

Where the person aggrieved questions the respondent (whether in accordance with regulations under subsection (1) or not)—

(a)

the question, and any reply by the respondent (whether in accordance with the regulations or not) shall, subject to the following provisions of this section, be admissible as evidence in the proceedings, and

(b)

if it appears to the Tribunal that the respondent deliberately and without reasonable cause omitted to reply within a reasonable period or that his reply is evasive or equivocal, the Tribunal may draw any inference from that fact that it considers it just and equitable to draw, including an inference that he committed an unlawful act.

(3)

The Department may by regulations—

(a)

prescribe the period within which questions must be duly served in order to be admissible under subsection (2)(a), and

(b)

prescribe the manner in which a question, and any reply by the respondent, may be duly served.

(4)

A statutory rule containing regulations under this section shall be subject to negative resolution; and section 41(6) of the Interpretation Act (Northern Ireland) M11954 (meaning of ’’subject to negative resolution’’) shall apply as if the power to make the regulations were conferred by a Measure of the Northern Ireland Assembly.

(5)

In this section “respondent” includes a prospective respondent.

Annotations

Textual amendments

F1: Ss. 24–29 substituted for ss. 24–31 by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 50(1)(2)

Marginal citations

M1: 1954 c.33 (N.I.).

Notes on the whole Act

Textual amendments

F1: Act repealed (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 105(4), Sch. 5 (with Sch. 4) (subject to savings in art. 105(2), Sch. 4 para. 6(1)(b)); S.R. 1999/81, art. 3(1)

Notes on Part III

Modifications

C1: Pt. III (ss. 16–32) modified (temp.) by Fair Employment (Northern Ireland) Act 1989 (c. 32, SIF 43:1), s. 50(2)