Pensions Act, 1990
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Equality officers. |
76.—(1) Any dispute as to— | |
(a) whether any rule of an occupational benefit scheme, other than an occupational pension scheme, complies with the principle of equal treatment, | ||
(b) whether and to what extent any such rule is rendered null and void by section 71 , | ||
(c) whether any term of a collective agreement, employment regulation order or contract of employment specified in section 74 , insofar as it relates to occupational benefits provided under a scheme referred to in paragraph (a), complies with the principle of equal treatment, or | ||
(d) whether an employer complies with the provisions of section 70 , | ||
shall be referred by any person concerned to an equality officer for investigation and recommendation. | ||
(2) Where it appears to the Agency that— | ||
(a) a rule of an occupational benefit scheme referred to in subsection (1), or | ||
(b) a term of a collective agreement, employment regulation order or contract of employment, insofar as it relates to occupational benefits provided under a scheme referred to in subsection (1) (a), | ||
fails to comply with the principle of equal treatment or an employer is failing to comply with the provisions of section 70 , the matter may be referred to an equality officer by the Agency and the reference shall be treated for the purpose of this Act as a reference under subsection (1). | ||
(3) Where a dispute is referred under this section to an equality officer, he shall investigate the dispute and issue a recommendation thereon. | ||
(4) Any information obtained by an equality officer in the course of an investigation or appeal under this Part as to any trade union or person or as to the business carried on by any person which is not available otherwise shall not be included in any recommendation or determination without the consent of the trade union or person concerned, nor shall any person concerned in proceedings before an equality officer or the Court disclose any such information without such consent. | ||
(5) A recommendation under this section shall be conveyed— | ||
(a) to the Court and to the parties to the dispute, or | ||
(b) in the case of a reference under subsection (2) to the Court, the Agency and to such person or persons as appear to the equality officer to be concerned. | ||
(6) An equality officer may provide for the regulation of proceedings before him in relation to an investigation before him under this Act. | ||
(7) (a) An equality officer may, for the purpose of obtaining any information which he may require for enabling him to exercise his functions under this Act, do any one or more of the following things: | ||
(i) at all reasonable times enter premises, | ||
(ii) require an employer or his representative to produce to him any records, books or documents that are in the employer's power or control and as respects which the officer has reasonable grounds for believing that they contain information of the kind so required and to give him such information as he may reasonably require in regard to any entries in any such records, books or documents, | ||
(iii) inspect and take copies, or copies of extracts from, any such records, books or documents. | ||
(b) Any person who obstructs or impedes an equality officer in the exercise of his powers under this subsection or does not comply with a requirement of an equality officer under this subsection shall be guilty of an offence and shall be liable— | ||
(i) on summary conviction to a fine not exceeding £1,000 or imprisonment for a term not exceeding one year, or to both, | ||
(ii) on conviction on indictment to a fine not exceeding £10,000 or imprisonment for a term not exceeding 2 years, or to both. | ||
(8) An investigation by an equality officer under this Act shall be conducted in private. |