Employment Equality Act, 1998

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Enforcement powers in respect of equality reviews and action plans.

70.—(1) Subject to subsections (3) and (4), if it appears to the Authority appropriate to do so for the purpose of an equality review or the preparation of an equality action plan, the Authority may do either or both of the following:

(a) require any person, by notice served personally or by registered post, to supply to the Authority such information as it specifies in the notice and required for the purpose;

(b) require any person, by notice so served, to produce to the Authority or send to it such document as it specifies in the notice and is in that person's power or control,

but nothing in this subsection shall entitle the Authority to require the supply of information, or the production or sending of a document, relating to a business which has less than 50 employees.

(2) Subject to subsections (3) and (4), if it appears to the Authority that there is a failure in any business or businesses to implement any provision of an equality action plan, the Authority may require any person, by notice served personally or by registered post, to take such action as—

(a) is specified in the notice,

(b) is reasonably required for the implementation of the plan, and

(c) it is within that person's power to take.

(3) Before serving a substantive notice on any person, the Authority shall give that person notice in writing (in subsection (4) referred to as an “advance notice”) of the proposal to serve the substantive notice and of the proposed contents of that notice.

(4) Where—

(a) the Authority has given an advance notice to any person, and

(b) within 28 days from the date of receipt of the advance notice, that person makes representations to the Authority about the proposed substantive notice, the Authority shall have regard to those representations before deciding whether or not to proceed with service of the proposed substantive notice and, if so, as to its contents.