Commentary on Sections Part 1: The Commission for Equality and Human Rights Section 32: Public sector duties: compliance notice
124.Section 32 enables the CEHR to require a public authority to comply with its public sector duties for gender, race and disability.
125.Subsection (2) enables the CEHR to issue a notice requiring a public authority to comply and to provide within 28 days written information of steps taken or proposed to comply with the duty.
126.Subsection (3) provides that a notice issued under this section requiring information relevant to the CEHR for assessing compliance shall specify when and the manner and form in which the information is to be provided.
127.Subsection (4) requires the CEHR to have conducted an assessment provided for under section 31 before it can issue a compliance notice in respect of a breach of a public sector general duty.
128.Subsection (5) obliges the recipient of a compliance notice to comply with it.
129.Subsection (8) enables the CEHR to apply to a court for an order requiring the public authority to comply with the notice. Subsection (9) provides that the court referred to in subsection (8) is the High Court or Court of Session in respect of a general duty and a county or Sheriff’s court in respect of specific duties.
130.Subsection (10) requires a compliance notice to specify a time limit before which the CEHR will not apply to a court for enforcement of a compliance notice.
131.Subsection (11) provides that enforcement of a breach of a public sector specific duty shall be by no other party than the CEHR and solely by means of a compliance notice.