Disability Discrimination Act 1995

Valid from 04/12/2006

[F4Staying or sisting proceedings on section 21B claim affecting criminal mattersE+W+S

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).]

Valid from 01/09/2002

[F5Part 3U.K. DISCRIMINATION IN SCHOOLS]

Valid from 01/09/2002

[F26Part 4E+W+S DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS]

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

F2712(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.

Period within which proceedings must be broughtE+W+S

F2813(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.

Compensation for injury to feelingsE+W+S

F2914In any proceedings under section 28V, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.

EvidenceE+W+S

F3015(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.

Valid from 01/09/2007

[F31Part 5 E+W+SDiscrimination in General Qualifications Bodies

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.