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Non-discrimination notice.
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44.—(1) Where in the course of the conduct of an investigation or after an investigation has been conducted the Agency is satisfied that a person—
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(a) has discriminated or is discriminating,
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(b) has failed or is failing to comply with an equality clause under section 4,
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(c) has contravened section 8 (1) or section 9,
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(d) has engaged in or is engaging in a practice referred to in section 3 (2), or
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(e) has failed or is failing to comply with an equal pay clause (within the meaning of section 7 of the Act of 1974),
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it may serve a non-discrimination notice on that person.
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(2) (a) Where the Agency proposes to serve a non-discrimination notice it shall before serving it notify in writing the person on whom it is proposed to serve the notice of its proposal.
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(b) A notification under this subsection shall specify the act or omission constituting the discrimination, failure, contravention or practice and shall inform the person concerned that he may make representations to the Agency regarding the proposal within a period specified in the notification.
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(c) A person who has received a notification under this subsection may make representations to the Agency regarding the proposed non-discrimination notice within 28 days of receipt of the notification.
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(d) Where representations are duly made under this subsection they shall be considered by the Agency before serving a non-discrimination notice.
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(3) A non-discrimination notice shall—
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(a) specify the act or omission constituting the discrimination, failure, contravention or practice,
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(b) require the person on whom it is served not to commit the discrimination or contravention or (where appropriate) to comply with the equal pay clause (within the meaning of section 7 of the Act of 1974) or the equality clause under section 4,
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(c) specify, in the case of a discrimination, what steps the Agency requires to be taken by the person on whom it is served in order not to commit the discrimination, and
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(d) require the person on whom it is served to inform the Agency, within a period specified in the notice, and any other persons so specified of what steps are taken in order to comply with the notice and to supply, within a period so specified, the Agency with any other information so specified.
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(4) A non-discrimination notice may be served by personal delivery or by registered post.
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