(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.