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74.(1) With a view to helping a person ("the person aggrieved") who considers
he may have been discriminated against in contravention of this Order to
decide whether to institute proceedings and, if he does so, to formulate and
present his case in the most effective manner, the Secretary of State shall by
order prescribe
(a)forms by which the person aggrieved may question the respondent on his
reasons for doing any relevant act, or on any other matter which is or may be
relevant;
(b)forms by which the respondent may if he so wishes reply to any questions.
(2) Where the person aggrieved questions the respondent (whether in accordance
with an order under paragraph (1) or not)
(a)the question, and any reply by the respondent (whether in accordance with
such an order or not) shall, subject to the following provisions of this
Article, be admissible as evidence in the proceedings;
(b)if it appears to the court or tribunal that the respondent deliberately,
and without reasonable excuse omitted to reply within a reasonable period or
that his reply is evasive or equivocal, the court or tribunal may draw any
inference from that fact that it considers it just and equitable to draw,
including an inference that he committed an unlawful act.
(3) The Secretary of State may by order
(a)prescribe the period within which questions must be duly served in order to
be admissible under paragraph (2)(a), and
(b)prescribe the manner in which a question, and any reply by the respondent,
may be duly served.
(4) County court rules may enable the court entertaining a claim under Article
66 to determine, before the date fixed for the hearing of the claim, whether a
question or reply is admissible under this Article or not.
(5) This Article is without prejudice to any other statutory provision or rule
of law regulating interlocutory and preliminary matters in proceedings before
a county court or industrial tribunal, and has effect subject to any statutory
provision or rule of law regulating the admissibility of evidence in such
proceedings.
(6) An order made by the Secretary of State under this Article shall be
subject to annulment in pursuance of a resolution of either House of
Parliament in like manner as a statutory instrument, and section 5 of the
Statutory Instruments Act 1946 shall apply accordingly.
(7) In this Article "respondent" includes a prospective respondent.
© 1976 Crown Copyright
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