Disability Discrimination Act 2005

38 (1) Schedule 3 (enforcement and procedure) is amended as follows. E+W+S

(2) In paragraph 2 (restriction on proceedings for breach of Part 2 of the Act), after sub-paragraph (2) there is inserted—

“(3) Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 16B(2B).”

(3) In paragraph 4 (evidence in proceedings under section 17A or 25(8) as to conditions or requirements imposed by a Minister), after sub-paragraph (1) there is inserted—

“(1A) In any proceedings under section 17A or 25(8), 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 17A or 25(8), a certificate signed by or on behalf of the National Assembly for Wales and certifying that any conditions or requirements specified in the certificate—

(a) were imposed by the Assembly, and

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

shall be conclusive evidence of the matters certified.”

(4) In paragraph 4(2) (status of certificates under sub-paragraph (1)), after “purporting to be such a certificate” there is inserted “ ;as is mentioned in sub-paragraph (1), (1A) or (1B) ”.

(5) In Part 2 (claims under section 25 to enforce Part 3 of the Act), after paragraph 6 there is inserted—

“Staying or sisting proceedings on section 21B claim affecting criminal matters E+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—

(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.

Restriction of remedies for section 21B claim relating to criminal matters E+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).”

(6) In paragraph 8 (evidence in proceedings under section 25 as to conditions or requirements imposed by a Minister), after sub-paragraph (2) there is inserted—

“(3) In any proceedings under section 25, 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.

(4) In any proceedings under section 25, a certificate signed by or on behalf of the National Assembly for Wales and certifying that any conditions or requirements specified in the certificate—

(a) were imposed by the Assembly, and

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

shall be conclusive evidence of the matters certified.

(5) A document purporting to be such a certificate as is mentioned in sub-paragraph (3) or (4) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.”

(7) In paragraph 9(1) (restriction on proceedings for breach of Chapter 1 of Part 4 of the Act), for “and 28L” there is substituted “ ;, 28L and 28N ”.

(8) In paragraph 9, after sub-paragraph (2) there is inserted—

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

(9) In paragraph 11(1) (evidence in proceedings under section 28I, 28K or 28L as to conditions or requirements imposed by a Minister), for “or 28L” there is substituted “ ;, 28L or 28N ”.

(10) In paragraph 11, after sub-paragraph (1) there is inserted—

“(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, 28K or 28L, a certificate signed by or on behalf of the National Assembly for Wales and certifying that any conditions or requirements specified in the certificate—

(a) were imposed by the Assembly, and

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

shall be conclusive evidence of the matters certified.”

(11) In paragraph 11(2) (status of certificates under sub-paragraph (1)), after “purporting to be such a certificate” there is inserted “ ;as is mentioned in sub-paragraph (1), (1A) or (1B) ”.

(12) In paragraph 15 (evidence in proceedings under section 28V as to conditions or requirements imposed by a Minister), after sub-paragraph (1) there is inserted—

“(1A) In any proceedings under section 28V, 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.

(1B) In any proceedings under section 28V, a certificate signed by or on behalf of the National Assembly for Wales and certifying that any conditions or requirements specified in the certificate—

(a) were imposed by the Assembly, and

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

is conclusive evidence of the matters certified.”

(13) In paragraph 15(2) (status of certificates under sub-paragraph (1)), after “purporting to be such a certificate” there is inserted “ ;as is mentioned in sub-paragraph (1), (1A) or (1B) ”.

Commencement Information

I1 Sch. 1 para. 38 wholly in force at 4.12.2006; Sch. 1 para. 38 not in force at Royal Assent see s. 20(3); Sch. 1 para. 38(1)(3)(4)(6)-(13) in force at 30.6.2005 by S.I. 2005/1676, art. 2(1)(c); Sch. 1 para. 38(2) in force at 5.12.2005 by S.I. 2005/2774, art. 3(j); Sch. 1 para. 38 fully in force at 4.12.2006 by S.I. 2005/2774, art. 4(f)