Part 1The Commission for Equality and Human Rights

Enforcement powers

23Agreements

1

The Commission may enter into an agreement with a person under which—

a

the person undertakes—

i

not to commit an unlawful act of a specified kind, and

ii

to take, or refrain from taking, other specified action (which may include the preparation of a plan for the purpose of avoiding an unlawful act), and

b

the Commission undertakes not to proceed against the person under section 20 or 21 in respect of any unlawful act of the kind specified under paragraph (a)(i).

2

The Commission may enter into an agreement with a person under this section only if it thinks that the person has committed an unlawful act.

3

But a person shall not be taken to admit to the commission of an unlawful act by reason only of entering into an agreement under this section.

4

An agreement under this section—

a

may be entered into whether or not the person is or has been the subject of an investigation under section 20,

b

may include incidental or supplemental provision (which may include provision for termination in specified circumstances), and

c

may be varied or terminated by agreement of the parties.

5

This section shall apply in relation to the breach of a duty specified in section 34(2) as it applies in relation to the commission of an unlawful act; and for that purpose the reference in subsection (1)(b) above to section 20 or 21 shall be taken as a reference to section 32.