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SCHEDULES

SCHEDULE 3U.K.Sections [F117A(8)] and 25(6)[F2, 31ADA] 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)

Textual Amendments

F1Sch. 3: word in side note substituted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(2)(a) and same word substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(2)(a)

F2Sch. 3: word in sidenote 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(2)

Part IIU.K. Discrimination in Other Areas

[F3Restriction of remedies for section 21B claim relating to criminal mattersE+W+S

Textual Amendments

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).]