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Part VII E+W+S Enforcement

Non-discrimination noticesE+W+S

68 Appeal against non-discrimination notice.E+W+S

(1)Not later than six weeks after a non-discrimination notice is served on any person he may appeal against any requirement of the notice—

(a)to an industrial tribunal, so far as the requirement relates to acts which are within the jurisdiction of the tribunal;

(b)to a county court or to a sheriff court so far as the requirement relates to acts which are within the jurisdiction of the court and are not within the jurisdiction of an industrial tribunal.

(2)Where the court or tribunal considers a requirement in respect of which an appeal is brought under subsection (1) to be unreasonable because it is based on an incorrect finding of fact or for any other reason, the court or tribunal shall quash the requirement.

(3)On quashing a requirement under subsection (2) the court or tribunal may direct that the non-discrimination notice shall be treated as if, in place of the requirement quashed, it had contained a requirement in terms specified in the direction.

(4)Subsection (1) does not apply to a requirement treated as included in a non-discrimination notice by virtue of a direction under subsection (3).