SCHEDULES

SCHEDULE 5E+W+S Employment-related Schemes for Pensions or other Benefits: Equal Treatment for Men and Women

Part IE+W+S Compliance by Schemes

JurisdictionE+W+S

9(1)The court, on the application of any person interested, shall have jurisdiction to determine any question arising as to—E+W+S

(a)whether any provision of an employment-related benefit scheme does or does not comply with the principle of equal treatment; or

(b)whether, and with what effect, any such provision is overridden by paragraph 3 above.

(2)In sub-paragraph (1) above “the court” means—

(a)in England and Wales, the High Court or [F1the county court]; and

(b)in Scotland, the Court of Session or the sheriff court.

(3)An application under sub-paragraph (1) above may be commenced in [F1the county court] notwithstanding—

(a)any financial limit otherwise imposed on the jurisdiction of [F2that] court; or

(b)that the only relief claimed is a declaration or an injunction.

Textual Amendments

F1Words in Sch. 5 para. 9 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2Word in Sch. 5 para. 9(3)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 128; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I1Sch. 5 Pt. I para. 9 partly in force; Sch. 5 Pt. I para. 9 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 9 in force for specified purposes at 23.6.1994 by S.I. 1994/1661, art. 2, Sch. Pt. I