At the end of the Proposition add: “, subject to the following amendments:-
1. Replace clause 11 with the following provision:-
“ Ancillary powers of Director.
11. (1) Subject to subsection (2), the Director may do anything that appears to the Director to be necessary for, or expedient to, the exercise of the Director’s functions including, without limitation, power –
(a) to require the production of or otherwise obtain such documents, accounts and information from such persons and within such periods and at such times and intervals as the Director thinks fit,
(b) to require any person to provide an explanation of any document, accounts or information,
(c) to require any person to provide any additional information known to that person which might reasonably be needed,
(d) subject to any provision to the contrary in this Law or any other enactment, to publish information, guidance, reports and other documents,
(e) to appoint any person or body to provide advice in relation to
the exercise of any of the Director’s functions, and
(f) to request advice from His Majesty’s Procureur in relation to the exercise of any of the Director’s functions.
(2) The power under subsection (1) to require anything referred to in paragraphs (a), (b) or (c) of that subsection –
(a) may be exercised only where the Director reasonably believes that a person is committing or has committed an act which is prohibited by or under any of the employment and equal opportunities enactments, and
(b) may not be exercised so as to require a person to produce any document, accounts or information which he or she could not be compelled to produce in civil proceedings before the Royal Court.
(3) For the purposes of exercising the Director's functions the Director may
enter into any contract.”.
2. Replace paragraph 1(1)(g) of the Schedule with the following provision:-
“(g) in section 58(1) –
(i) in both places it occurs, for “Committee” substitute
“Director”, and
(ii) immediately before “believes”, insert “reasonably”,”.”.
