47.Section 57 of the 1976 Act contains provisions for enforcement of claims under Part III of the Act.
48.Section 65(1) of the 1976 Act provides for forms ("section 65 questionnaires") to be submitted by the aggrieved person who considers he may have been discriminated against to the respondent, in order to help the person decide whether to institute proceedings and to present more effectively his case. The questions may relate to the respondent's reasons for doing any relevant act or to related matters. Section 65(2)(a) provides for the respondent's reply to be admissible as evidence in the proceedings. Section 65(2)(b) provides that, if it appears to the court that the respondent deliberately, and without reasonable excuse, omitted to reply within a reasonable period or that his reply was evasive or equivocal, adverse inferences may be drawn from that fact, including an inference that the respondent committed the unlawful act.
49.Section  5 amends sections 57 and 65 of the 1976 Act .
50.Section 5(1) of the 2000 Act inserts new sections 57(4A), (4B), (4C) and (4D) into the 1976 Act. The new subsections make provision in relation to remedies available to claimants, and to the power of courts hearing cases to grant a stay of the civil proceedings (a sist in Scotland), in particular circumstances.
Commentary Section 5: Criminal Investigations and Proceedings