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The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 1721
- PART 2
- Regulation 15
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Enforcement, remedies and procedure
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15.—(1) Section 28V (enforcement, remedies and procedure) is amended as follows.
(2) In subsection (1)—
(a)in paragraph (a), after “him” there is inserted “, or subjected him to harassment,”, and
(b)in paragraphs (b) and (c), for “discriminated against him in such a way” there is substituted “done so”.
(3) After subsection (1) there is inserted—
“(1A) Where—
(a)a claim is brought under subsection (1), and
(b)the claimant (or pursuer, in Scotland) proves facts from which the court could, apart from this subsection, conclude in the absence of an adequate explanation that the defendant (or defender, in Scotland) has acted in a way which is unlawful under this Chapter,
the court shall uphold the claim unless the defendant (or defender, in Scotland) proves that he did not so act.”.
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