33. (1) Without prejudice to the generality of section 32, where the Commission considers it appropriate to do so for the purposes of an equality review or preparing an equality action plan in respect of an undertaking under section 32, the Commission may serve a substantive notice on a person—

(a) requiring any person so served to supply to the Commission such information as may reasonably be required by the Commission as is specified in the notice,

(b) requiring any person so served to produce or send to the Commission such document as is specified in the notice and is within his or her possession or control,

however, nothing in this subsection shall be construed to entitle the Commission to require information or documentation relating to an undertaking with fewer than 50 employees.

(2) If it appears to the Commission that there is a failure in any undertaking or undertakings to implement any provision of an equality action plan (irrespective of whether the plan is prepared by the Commission or by the undertaking itself), the Commission may serve a substantive notice on a person requiring any person so served to take such action as—

(a) is specified in the notice,

(b) is reasonably required for the implementation of the plan, and

(c) is within that person’s power to take.

(3) Before serving a substantive notice on a person under subsection (1) or (2), the Commission shall notify the person in writing of the proposal to serve the substantive notice and the proposed contents of that notice.

(4) A person who is notified under subsection (3) may, within 42 days of the receipt of the notification, make representations to the Commission about the proposed substantive notice.

(5) The Commission shall have regard to any representations made to it under subsection (4) in assessing whether to proceed with the service of the substantive notice.

(6) A substantive notice shall, unless an appeal is brought under section 34, come into operation on the expiry of 56 days from the service of the substantive notice.

(7) A person who fails to comply with a substantive notice shall be guilty of an offence and shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding 1 year or both.