31.—(1) A claim by a person—
(a)that a responsible body has discriminated against him [F1, or subjected him to harassment,] in a way which is unlawful under this Chapter,
(b)that a responsible body is by virtue of Article 44 or 45 to be treated as having [F2done so] , or
(c)that a person is by virtue of Article 44 to be treated as having [F3done so] ,
may be made the subject of civil proceedings in the same way as any other claim in tort for breach of statutory duty.
[F4(1A) Where—
(a)a claim is brought under paragraph (1), and
(b)the claimant proves facts from which the court could, apart from this paragraph, conclude in the absence of an adequate explanation that the defendant has acted in a way which is unlawful under this Chapter,
the court shall uphold the claim unless the defendant proves that he did not so act.]
(2) Damages in respect of discrimination in a way which is unlawful under this Chapter may include compensation for injury to feelings whether or not they include compensation under any other head.
(3) Proceedings may be brought only in a county court.
(4) The remedies available in such proceedings are those which are available in the High Court
(5) The fact that a person who brings proceedings under this Chapter against a responsible body may also be entitled to bring proceedings against that body under Part II of the 1995 Act is not to affect the proceedings under this Chapter.
(6) Part II of Schedule 2 makes further provision about the enforcement of this Chapter and about procedure.
F1Words in art. 31(1)(a) inserted (10.8.2006 for certain purposes and 1.9.2006 otherwise) by Special Educational Needs and Disability (Northern Ireland) Order 2005 (Amendment) (Further and Higher Education) Regulations (Northern Ireland) 2006 (S.R. 2006/332), regs. 1, 11(2)(a)
F2Words in art. 31(1)(b) substituted (10.8.2006 for certain purposes and 1.9.2006 otherwise) by Special Educational Needs and Disability (Northern Ireland) Order 2005 (Amendment) (Further and Higher Education) Regulations (Northern Ireland) 2006 (S.R. 2006/332), regs. 1, 11(2)(b)
F3Words in art. 31(1)(c) substituted (10.8.2006 for certain purposes and 1.9.2006 otherwise) by Special Educational Needs and Disability (Northern Ireland) Order 2005 (Amendment) (Further and Higher Education) Regulations (Northern Ireland) 2006 (S.R. 2006/332), regs. 1, 11(2)(b)
F4Art. 31(1A) inserted (10.8.2006 for certain purposes and 1.9.2006 otherwise) by Special Educational Needs and Disability (Northern Ireland) Order 2005 (Amendment) (Further and Higher Education) Regulations (Northern Ireland) 2006 (S.R. 2006/332), regs. 1, 11(3)