(1)If, during the period of five years beginning on the date on which any of the following became final in the case of any person, namely—
(a)a non-discrimination notice served on him; or
(b)a finding by a tribunal or court under section 54 or 57; that he has done an unlawful [F1act of discrimination or harassment] ; or
[F2(ba)a finding under the M1Special Immigration Appeals Commission Act 1997 or [F3Part 5 of the Nationality, Immigration and Asylum Act 2002] that he has done an act which was unlawful by virtue of section 19B; or]
(c)a finding by a court in proceedings under section 19 or 20 of the M2Race Relations Act 1968 that he has done an act which was unlawful by virtue of any provision of Part I of that Act,
it appears to the Commission that unless restrained he is likely to do one or more acts falling within paragraph (b), or contravening section 28, the Commission may apply to a designated county court for an injunction, or to a sheriff court for an order, restraining him from doing so; and the court, if satisfied that the application is well-founded, may grant the injunction or order in the terms applied for or in more limited terms.
(2)In proceedings under this section the Commission shall not allege that the person to whom the proceedings relate has done an act falling within subsection (1)(b) or contravening section 28 which is within the jurisdiction of an [F4employment tribunal] unless a finding by an [F4employment tribunal] that he did that act has become final.
Textual Amendments
F1Words in s. 62(1)(b) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 45
F2S. 62(1)(ba) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 9 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F3Words in s. 62(1)(ba) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7, para. 13 (with s. 159); S.I. 2003/754, art. 2(1), Sch.
F4Words in s. 62(2) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Marginal Citations
(1)Proceedings in respect of a contravention of section 29, 30 or 31 shall be brought only by the Commission in accordance with the following provisions of this section.
(2)The proceedings shall be—
(a)an application for a decision whether the alleged contravention occurred; or
(b)an application under subsection (4),
or both.
(3)An application under subsection (2)(a) shall be made—
(a)in a case based on any provision of Part II, to an [F5employment tribunal]; and
(b)in any other case, to a designated county court or a sheriff court.
(4)If it appears to the Commission—
(a)that a person has done an act which by virtue of section 29, 30 or 31 was unlawful; and
(b)that unless restrained he is likely to do further acts which by virtue of that section are unlawful,
the Commission may apply to a designated county court for an injunction, or to a sheriff court for an order, restraining him from doing such acts; and the court, if satisfied that the application is well-founded, may grant the injunction or order in the terms applied for or more limited terms.
(5)In proceedings under subsection (4) the Commission shall not allege that the person to whom the proceedings relate has done an act which is unlawful under this Act and within the jurisdiction of an [F5employment tribunal]unless a finding by an [F5employment tribunal] that he did that act has become final.
Textual Amendments
F5Words in s. 63(3)(a)(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
(1)With a view to making an application under section 62(1) or 63(4) in relation to a person the Commission may present to an an [F6employment tribunal] a complaint that he has done an act within the jurisdiction of an [F6employment tribunal], and if the tribunal considers that the complaint is well-founded it shall make a finding to that effect and, if it thinks it just and equitable to do so in the case of an act contravening any provision of Part II may also (as if the complaint had been presented by the [F7 person concerned] ) make an order such as is referred to in section 56(1)(a), or a recommendation such as is referred to in section 56(1)(c), or both.
(2)Subsection (1) is without prejudice to the jurisdiction conferred by section 63(2).
(3)In sections 62 and 63 and this section, the acts “within the jurisdiction of an [F6employment tribunal] are those in respect of which such jurisdiction is conferred by sections 54 and 63.
Textual Amendments
F6Words in s. 64(1)(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F7Words in s. 64(1) substituted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 46