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Race Relations (Formal Investigations) Regulations (Northern Ireland) 1997

S.R. 1997/321 · Made 30 June 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

RACE RELATIONS

Made 30th June 1997

Coming into operation 4th August 1997

The Department of Economic Development, in exercise of the powers conferred on it by Articles 2(2), 47(3), 48(1) and 55(2) of the Race Relations (Northern Ireland) Order 1997f1 and of every other power enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1997/869 (N.I. 6)

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Service of notices
  4. 4Notice of holding of formal investigation
  5. 5Requirement to furnish or give information or produce documents
  6. 6Non-discrimination notice
  7. Signature
  8. Schedule 1Requirement to Furnish Written Information or give Oral Evidence and Produce Documents
  9. Schedule 2Non-Discrimination Notice
  10. Explanatory note

1Citation and commencement

These Regulations may be cited as the Race Relations (Formal Investigations) Regulations (Northern Ireland) 1997 and shall come into operation on 4th August 1997.

2Interpretation

In these Regulations—

  • “the Commission” shall have the meaning assigned to it by the Order except that in regulations 4 and 5 as respects any of the functions of the Commission in relation to a formal investigation which the Commission has delegated under Article 46(3) of the Order, “the Commission” shall mean the persons, being either Commissioners or additional Commissioners, to whom those functions have been so delegated; and

  • “the Order” means the Race Relations (Northern Ireland) Order 1997.

3Service of notices

Any reference to a person being served with a notice, in regulations 4, 5 and 6, is a reference to service of the notice on him being effected—

(a)

by delivering it to him; or

(b)

by sending it by post to him at his usual or last-known residence or place of business; or

(c)

where the person is a body corporate or is a trade union or an employers' association within the meaning of the Industrial Relations (Northern Ireland) Order 1992f1, by delivering it to the secretary or clerk of the body, union or association at its registered or principal office or by sending it by post to that secretary or clerk at that office; or

(d)

where the person is acting by a solicitor by delivering it at, or by sending it by post to, the solicitor’s address for service.

4Notice of holding of formal investigation

(1)

Where, in pursuance of Article 47 of the Order, notice of the holding of a formal investigation falls to be given by the Commission to a person named in the terms of reference for the investigation, that person shall be served with a notice of the holding of the investigation.

(2)

Where the terms of reference for a formal investigation are revised, paragraph (1) shall apply in relation to the formal investigation so revised as it applied to the original.

5Requirement to furnish or give information or produce documents

Where, in pursuance of Article 48(1) of the Order, the Commission requires a person to furnish written information, give oral information or produce documents, that person shall be served with a notice in the form set out in Schedule 1, with such variations as the circumstances may require.

6Non-discrimination notice

A non-discrimination notice served by the Commission in pursuance of Article 55(2) of the Order shall be in the form set out in Schedule 2, with such variations as the circumstances may require.

Signature

Sealed with the Official Seal of the Department of Economic Development on

L.S.

G. I. O'Doherty

Assistant Secretary

30th June 1997.

Schedule 1Requirement to Furnish Written Information or give Oral Evidence and Produce Documents

Schedule 2Non-Discrimination Notice

Explanatory note

(This note is not part of the Regulations.)

These Regulations relate to notices given for the purpose of formal investigations under the Race Relations (Northern Ireland) Order 1997 and to non-discrimination notices issued in consequence of such investigations.

Regulation 3 provides for the manner of service of notices.

Regulation 4 provides that notice of an investigation is to be given to certain individuals in cases in which general notice of the investigation is not given.

Regulation 5 prescribes the form of a notice requiring a person to furnish or give information or produce documents.

Regulation 6 prescribes the form of a non-discrimination notice.