SCHEDULES
SCHEDULE 1 Provisions Supplementary to Section 3(1)
Spent convictions
F31
A person is not to be treated for the purposes of section 3(1)(a) of this Act as having committed an offence if he has been convicted of that offence and that conviction is to be treated as spent for the purposes of the Rehabilitation of Offenders Act 1974 or any corresponding enactment for the time being in force in Northern Ireland.
Discrimination
2
F4A person shall be deemed to have committed discrimination for the purposes of section 3(1)(b) of this Act in the following cases only, namely—
a
where a finding of discrimination has been made against him in proceedings under section 66 of the M1Sex Discrimination Act 1975 (in this Schedule referred to as “the 1975 Act”) and the finding has become final;
b
where a non-discrimination notice has been served on him under the 1975 Act and the notice has become final;
c
if he is for the time being subject to the restraints of an injunction or order granted against him in proceedings under section 71 (persistent discrimination) or section 72(4) (enforcement of sections 38 to 40) of the 1975 Act;
d
if, on an application under section 72(2)(a) of the 1975 Act, there has been a finding against him that a contravention of section 38, section 39 or section 40 of that Act has occurred and that finding has become final;
e
where a finding of discrimination has been made against him in proceedings under section 57 of the M2Race Relations Act 1976 (in this Schedule referred to as “the 1976 Act”) and the finding has become final;
f
where a non-discrimination notice has been served on him under the 1976 Act and the notice has become final;
g
if he is for the time being subject to the restraints of an injunction or order granted against him in proceedings under section 62 (persistent discrimination) or section 63(4) (enforcement of sections 29 to 31) of the 1976 Act; or
h
if, on an application under section 63(2)(a) of the 1976 Act, there has been a finding against him that a contravention of section 29, section 30 or section 31 of that Act has occurred and that finding has become final;
and the finding, notice, injunction or order related or relates to discrimination falling within Part III of the 1975 Act or the 1976 Act (discrimination in fields other than employment).
F41
A person commits discrimination for the purposes of section 3(1)(b) in the following cases only.
2
The first case is where—
a
the person has been found to have contravened a relevant equality provision, and
b
no appeal against the finding is pending or can be brought.
3
The second case is where—
a
the person has been given an unlawful act notice under section 21 of the Equality Act 2006,
b
the notice specifies a relevant equality provision as the provision by virtue of which the act in question is unlawful, and
c
no appeal against the giving of the notice is pending or can be brought.
4
The third case is where—
a
the person is the subject of an injunction, interdict or order under section 24 of the Equality Act 2006 (unlawful acts), and
b
the unlawful act in question is a contravention of a relevant equality provision.
5
The relevant equality provisions are—
a
Parts 3 and 4 of the Equality Act 2010 (services and premises) so far as relating to discrimination and victimisation, and
b
section 112 of that Act (aiding contraventions) in relation to either of those Parts of that Act so far as relating to discrimination and victimisation.
3
After the expiry of the period of five years beginning on the day on which any such finding or notice as is referred to in paragraph 2 above became final, no person shall be treated for the purposes of section 3(1)(b) of this Act as having committed F5a contravention of a relevant equality provision by reason only of that finding or notice.
F64
For the purposes of paragraphs 2 and 3 “discrimination” and “victimisation” have the same meaning as in the Equality Act 2010.
5
In the application of paragraphs 2 to 4 above to Northern Ireland references to the 1975 Act shall be construed as references to the M3Sex Discrimination (Northern Ireland) Order 1976, and in particular—
a
the references to sections 38, 39 and 40 of the 1975 Act shall be construed as references to Articles 39, 40 and 41 of that Order;
b
the reference to subsections (1) and (4) of section 82 of the 1975 Act shall be construed as a reference to paragraphs (1), (2) and (5) or Article 2 of that Order; and
c
other references to numbered sections of the 1975 Act shall be construed as references to the Articles of that Order bearing the same number;
F1and there shall be omitted sub-paragraphs (e) to (h) of paragraph 2, sub-paragraph (2) of paragraph 4 and so much of paragraph 3 as relates to findings or notices under the 1976 Act.
F26
In the application of paragraphs 2 to 4 above to Northern Ireland references to the 1976 Act shall be construed as references to the Race Relations (Northern Ireland) Order 1997, and in particular the references to sections 29, 30, 31, 57, 62, 63(2)(a) and (4) and 78(1) and (4) of the 1976 Act shall be construed as references to Articles 29, 30, 31, 54, 59, 60(2)(a) and (4) and 2(2) and (3) respectively of that Order.