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SCHEDULES

Sections 8(8) and 25(6).

SCHEDULE 3U.K. Enforcement and Procedure

Extent Information

E1In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Part IU.K. Employment

ConciliationU.K.

F11U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 3 para. 1 repealed (E.W.S.)(22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38) and (N.I.)(24.9.1996) by S.I. 1996/1921 (N.I.18), art. 28, Sch. 3 (with Sch. 2)

Restriction on proceedings for breach of Part IIU.K.

2(1)Except as provided by section 8, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part II.

(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.

Period within which proceedings must be broughtU.K.

3(1)An industrial tribunal shall not consider a complaint under section 8 unless it is presented before the end of the period of three months beginning when the act complained of was done.

(2)A tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(3)For the purposes of sub-paragraph (1)—

(a)where an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

(b)any act extending over a period shall be treated as done at the end of that period; and

(c)a deliberate omission shall be treated as done when the person in question decided upon it.

(4)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

(a)when he does an act inconsistent with doing the omitted act; or

(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

EvidenceU.K.

4(1)In any proceedings under section 8, a certificate signed by or on behalf of a Minister of the Crown and certifying—

(a)that any conditions or requirements specified in the certificate were imposed by a Minister of the Crown and were in operation at a time or throughout a time so specified, or

(b)that an act specified in the certificate was done for the purpose of safeguarding national security,

shall be conclusive evidence of the matters certified.

(2)A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

Part IIU.K. Discrimination in Other Areas

Restriction on proceedings for breach of Part IIIU.K.

5(1)Except as provided by section 25 no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part III.

(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.

Period within which proceedings must be broughtU.K.

6(1)A county court or a sheriff court shall not consider a claim under section 25 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

(2)Where, in relation to proceedings or prospective proceedings under section 25, a person appointed in connection with arrangements under section 28 is approached before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by two months.

(3)A court may consider any claim under section 25 which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(4)For the purposes of sub-paragraph (1)—

(a)where an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

(b)any act extending over a period shall be treated as done at the end of that period; and

(c)a deliberate omission shall be treated as done when the person in question decided upon it.

(5)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

(a)when he does an act inconsistent with doing the omitted act; or

(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

Extent Information

E2In its application to Northern Ireland, this paragraph has effect subject to the modifications set out in Sch. 8: see s. 70(6)

Valid from 04/12/2006

[F2Staying or sisting proceedings on section 21B claim affecting criminal mattersE+W+S

Textual Amendments

6A(1)Sub-paragraph (2) applies where a party to proceedings under section 25 which have arisen by virtue of section 21B(1) has applied for a stay or sist of those proceedings on the grounds of prejudice to—E+W+S

(a)particular criminal proceedings;

(b)a criminal investigation; or

(c)a decision to institute criminal proceedings.

(2)The court shall grant the stay or sist unless it is satisfied that the continuance of the proceedings under section 25 would not result in the prejudice alleged.

Valid from 04/12/2006

Restriction of remedies for section 21B claim relating to criminal mattersE+W+S

6B(1)Sub-paragraph (2) applies to a remedy other than—

(a)damages; or

(b)a declaration or, in Scotland, a declarator.

(2)In proceedings under section 25, the remedy shall be obtainable in respect of a relevant discriminatory act only if the court is satisfied that—

(a)no criminal investigation,

(b)no decision to institute criminal proceedings, and

(c)no criminal proceedings,

would be prejudiced by the remedy.

(3)In sub-paragraph (2) “relevant discriminatory act” means an act—

(a)which is done, or by virtue of section 57 or 58 is treated as done, by a person—

(i)in carrying out public investigator functions, or

(ii)in carrying out functions as a public prosecutor; and

(b)which is unlawful by virtue of section 21B(1).]

Compensation for injury to feelingsU.K.

7In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.

EvidenceU.K.

8(1)In any proceedings under section 25, a certificate signed by or on behalf of a Minister of the Crown and certifying—

(a)that any conditions or requirements specified in the certificate were imposed by a Minister of the Crown and were in operation at a time or throughout a time so specified, or

(b)that an act specified in the certificate was done for the purpose of safeguarding national security,

shall be conclusive evidence of the matters certified.

(2)A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

Valid from 01/09/2002

[F3Part 3U.K. DISCRIMINATION IN SCHOOLS]

Textual Amendments

F3Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Prospective

Restriction on proceedings for breach of Part 4, Chapter 1E+W+S

F49(1)Except as provided by sections 28I [F528IA, ], 28K [F6, 28L and 28N], no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Chapter 1 of Part 4.

(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.

[F7(3)Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 28J(9).]

Textual Amendments

F4Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F5Word in Sch. 3 para. 9(1) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(a)}

Prospective

Period within which proceedings must be broughtE+W+S

F810(1)The F9. . . [F10Welsh Tribunal] shall not consider a claim under section 28I [F11or section 28IA ] unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

(2)If, in relation to proceedings or prospective proceedings under section 28I [F12or section 28IA ], the dispute concerned is referred for conciliation in pursuance of arrangements under [F13section 28ID of this Act or ][F14section 27 of the Equality Act 2006] before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by [F15three months.].

(3)The F9. . . [F10 Welsh Tribunal] may consider any claim under section 28I [F16or section 28IA ] which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(4)But sub-paragraph (3) does not permit the F9. . . [F10 Welsh Tribunal] to decide to consider a claim if a decision not to consider that claim has previously been taken under that sub-paragraph.

(5)For the purposes of sub-paragraph (1)—

(a)if an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

(b)any act extending over a period shall be treated as done at the end of that period; and

(c)a deliberate omission shall be treated as done when the person in question decided upon it.

(6)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

(a)when he does an act inconsistent with doing the omitted act; or

(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

Textual Amendments

F8Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F9Words in Sch. 3 para. 10(1)(3)(4) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order (S.I. 2008/2833), arts. 1(1), 6, {Sch. 3 para. 121}

F11Words in Sch. 3 para. 10(1) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(b)}

F12Words in Sch. 3 para. 10(2) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(c)}

F13Words in Sch. 3 para. 10(2) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(c)}

F16Words in Sch. 3 para. 10(3) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(d)}

Prospective

EvidenceE+W+S

F1711(1)In any proceedings under section 28I, 28K [F18, 28L or 28N], a certificate signed by or on behalf of a Minister of the Crown and certifying that any conditions or requirements specified in the certificate—

(a)were imposed by a Minister of the Crown, and

(b)were in operation at a time or throughout a time so specified,

shall be conclusive evidence of the matters certified.

[F19(1A)In any proceedings under section 28N, a certificate signed by or on behalf of the Scottish Ministers and certifying that any conditions or requirements specified in the certificate—

(a)were imposed by a member of the Scottish Executive, and

(b)were in operation at a time or throughout a time so specified,

shall be conclusive evidence of the matters certified.

(1B)In any proceedings under section 28I, [F2028IA, ] 28K or 28L, a certificate signed by or on behalf of the [F21Welsh Ministers] and certifying that any conditions or requirements specified in the certificate—

(a)were imposed by the [F22National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government], and

(b)were in operation at a time or throughout a time so specified,

shall be conclusive evidence of the matters certified.]

(2)A document purporting to be such a certificate [F23as is mentioned in sub-paragraph (1), (1A) or (1B)] shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

Textual Amendments

F17Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F20Word in Sch. 3 para. 11(1B) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(e)}

F21Words in Sch. 3 para. 11(1B) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 63(4)(a)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

F22Words in Sch. 3 para. 11(1B)(a) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 63(4)(b)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.

Valid from 01/09/2002

[F24Part 4E+W+S DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS]

Textual Amendments

F24Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), Sch. 3 para. 2 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Restriction on proceedings for breach of Part 4, Chapter 2E+W+S

F2512(1)Except as provided by section 28V, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Chapter 2 of Part 4.

(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.

Textual Amendments

F25Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Period within which proceedings must be broughtE+W+S

F2613(1)A county court or a sheriff court shall not consider a claim under section 28V unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

(2)If, in relation to proceedings or prospective proceedings under section 28V, the dispute concerned is referred for conciliation in pursuance of arrangements under section 31B before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by two months.

(3)A court may consider any claim under section 28V which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(4)For the purposes of sub-paragraph (1)—

(a)if an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

(b)any act extending over a period shall be treated as done at the end of that period; and

(c)a deliberate omission shall be treated as done when the person in question decided upon it.

(5)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

(a)when he does an act inconsistent with doing the omitted act; or

(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

Textual Amendments

F26Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Compensation for injury to feelingsE+W+S

F2714In any proceedings under section 28V, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.

Textual Amendments

F27Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

EvidenceE+W+S

F2815(1)In any proceedings under section 28V, a certificate signed by or on behalf of a Minister of the Crown and certifying that any conditions or requirements specified in the certificate—

(a)were imposed by a Minister of the Crown, and

(b)were in operation at a time or throughout a time so specified,

is conclusive evidence of the matters certified.

(2)A document purporting to be such a certificate is to be—

(a)received in evidence; and

(b)deemed to be such a certificate unless the contrary is proved.

Textual Amendments

F28Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

Valid from 01/09/2007

[F29Part 5 E+W+SDiscrimination in General Qualifications Bodies

Textual Amendments

F29Sch. 3 Pt. 5 (paras. 16-18 and cross-headings) inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), 4(3) (with reg. 14)

Restriction on proceedings for breach of Part 4, Chapter 2AE+W+S

16(1)Except as provided by section 31ADA, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Chapter 2A of Part 4.

(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.

Period within which proceedings must be broughtE+W+S

17(1)A county court or a sheriff court shall not consider a claim under section 31ADA unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.

(2)If, in relation to proceedings or prospective proceedings under section 31ADA, the dispute concerned is referred to conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 before the end of the period of six months mentioned in sub-paragraph (1), the period of six months allowed by that sub-paragraph shall be extended by three months.

(3)A court may consider any claim under section 31ADA which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

(4)For the purposes of sub-paragraph (1)—

(a)if an unlawful act is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;

(b)any act extending over a period shall be treated as done at the end of that period; and

(c)a deliberate omission shall be treated as done when the person in question decided upon it.

(5)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—

(a)when he does an act inconsistent with doing the omitted act; or

(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.

Evidence]E+W+S

18(1)In any proceedings under section 31ADA, a certificate signed by or on behalf of a Minister of the Crown and certifying that any conditions or requirements specified in the certificate—

(a)were imposed by a Minister of the Crown, and

(b)were in operation at a time or throughout a time so specified,

is conclusive evidence of the matters certified.

(2)In any proceedings under section 31ADA, a certificate signed by or on behalf of the Scottish Ministers and certifying that any conditions or requirements specified in the certificate—

(a)were imposed by a member of the Scottish Executive, and

(b)were in operation at a time or throughout a time so specified,

is conclusive evidence of the matters certified.

(3)In any proceedings under section 31ADA, a certificate signed by or on behalf of the Welsh Ministers and certifying that any conditions or requirements specified in the certificate—

(a)were imposed by them, and

(b)were in operation at a time or throughout a time so specified,

is conclusive evidence of the matters certified.

(4)A document purporting to be such a certificate as is mentioned in sub-paragraph (1), (2) or (3) is to be—

(a)received in evidence; and

(b)deemed to be such a certificate unless the contrary is proved.