Section 54 | Procedure following investigation under s. 12 of Minister, government department, certain statutory bodies or statutory officers and police.

(1)This section applies where, following an investigation under section 11 of the Fair Employment (Northern Ireland) Act 1989, the Commission is of the opinion that action for promoting equality of opportunity ought to be taken by any of the following authorities, namely,—^F1F2

(a)a Minister of the Crown or a government department or a person acting for purposes of such a Minister or department; or

(b)a member of Her Majesty’s forces acting as such; or

(c)any other person acting on behalf of the Crown, being a statutory body or a person holding a statutory office; or

(d)the Police Authority for Northern Ireland or the Chief Constable of the Royal Ulster Constabulary;

and, accordingly, sections 12(3), 14, 15 and 16 of that Act shall not have effect in relation to any such authority.

(2)Where the Agency asks for an undertaking such as is mentioned in section 12(2)(b) of the Fair Employment (Northern Ireland) Act 1989, but—^F3

(a)the undertaking is not given, or

(b)the undertaking, although given, is not complied with,

the Agency shall, subject to subsection (4), send a report of the results of its investigation and of the opinion it has formed in relation to the subject-matter of the investigation (including any recommendations the Agency considers appropriate for action on the part of the authority concerned)—where the investigation related to a Minister of the Crown, to that Minister;where the investigation related to a government department, to the Minister of the Crown in charge of the department, or in the case of a Northern Ireland department to the head of the department, orwhere the investigation related to any other aughority, to the Minister of the Crown or the head of the Northern Ireland department generally responsible for matters falling within the scope of the functions of that authority.

(3)Where the report is sent to a Minister of the Crown he shall lay it before Parliament; and where the report is sent to the head of a Northern Ireland department he shall lay it before the Northern Ireland Assembly.

(4)If a report is required by subsections (2) and (3) to be sent to the head of a Northern Ireland department and laid before the Northern Ireland Assembly at a time when no such head stands appointed, the report shall, instead, be sent to the Secretary of State and laid by him before Parliament.^F4

(5)A person who is not in the service of the Crown shall not be regarded as within subsection (1)(a) by reason only of his acting in pursuance of a contract entered into with a Minister of the Crown or a government department.