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)
F21U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 3 para. 1 repealed (E.W.S.)(22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38) and (N.I.)(24.9.1996) by S.I. 1996/1921 (N.I.18), art. 28, Sch. 3 (with Sch. 2)
2[F3(1)Except as provided by Part 2, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under that Part.]
(2)Sub-paragraph (1) does not prevent the making of an application for judicial review [F4 or the investigation or determination of any matter in accordance with Part 10 (investigations) of the Pension Schemes Act 1993 F5 by the Pensions Ombudsman”] [F6 or the investigation or determination of any matter in accordance with the Part X (investigations: the Pensions Ombudsman) of the Pension Schemes (Northern Ireland) Act 1993 F7 by the Pensions Ombudsman].
[F8(3)Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 16B(2B).]
Textual Amendments
F3Sch. 3 para. 2(1) 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)(b) and said words 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)(b)
F4Words in Sch. 3 para. 2(2) inserted (E.W.S) (1.12.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3), 4(5)
F6Words in Sch. 3 para. 2(2) added (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)(c)
F71993 c. 49; Part X was amended by Articles 152 to 156 of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), paragraph 70 of Schedule 5 to the Bank of England Act 1998 (c. 11) and sections 49 and 50 of, and Schedule 9 to, the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))
F8Sch. 3 para. 2(3) inserted (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(2); S.I. 2005/2774, art. 3(j) and said sub-paragraph inserted (N.I.) (9.11.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 29(2); S.R. 2007/466, art. 2(2)(l)
3(1)An [F9employment tribunal] shall not consider a complaint under [F10section 17A or 25(8)] unless it is presented before the end of the period of three months beginning when the act complained of was done.
(2)A tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
(3)For the purposes of sub-paragraph (1)—
(a)where an unlawful act F11. . . is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;
(b)any act extending over a period shall be treated as done at the end of that period; and
(c)a deliberate omission shall be treated as done when the person in question decided upon it.
(4)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—
(a)when he does an act inconsistent with doing the omitted act; or
(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
Textual Amendments
F9Words in Sch. 3 para. 3 substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2))
F10Words in Sch. 3 para. 3(1) substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(2)(c) and said words substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(2)(d)
F11Words in Sch. 3 para. 3(3)(a) omitted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by virtue of The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(2)(d) and said words omitted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by virtue of the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(2)(e)
4(1)In any proceedings under [F12section 17A or 25(8)], a certificate signed by or on behalf of a Minister of the Crown and certifying—
(a)that any conditions or requirements specified in the certificate were imposed by a Minister of the Crown and were in operation at a time or throughout a time so specified, F13. . .
F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be conclusive evidence of the matters certified.
[F14(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.]
(2)A document purporting to be such a certificate [F15as is mentioned in sub-paragraph (1), (1A) or (1B)] shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
Extent Information
E2In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)
Textual Amendments
F12Words in Sch. 3 para. 4(1) substituted (E.W.S.) (3.7.2003, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(2)(e) and said words substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 insofar as not yet in force) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(2)(f)
F13Sch. 3 para. 4(1)(b) and preceding word repealed (16.7.2001) by 1999 c. 26, ss. 41, 44, Sch. 8 para. 7, Sch. 9(12); S.I. 2001/1187, art. 3, Sch. (as amended by S.I. 2001/1461, art. 2)
F14Sch. 3 para. 4(1A)(1B) inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(3); S.I. 2005/1676, art. 2(1)(c)
F15Words in Sch. 3 para. 4(2) inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(4); S.I. 2005/1676, art. 2(1)(c)
5(1)Except as provided by section 25 no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part III.
(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.
6(1)A county court or a sheriff court shall not consider a claim under section 25 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.
(2)Where, in relation to proceedings or prospective proceedings under section 25, [F16the dispute concerned is referred for conciliation in pursuance of arrangements under section 28] before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by two months.
(3)A court may consider any claim under section 25 which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
(4)For the purposes of sub-paragraph (1)—
(a)where an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;
(b)any act extending over a period shall be treated as done at the end of that period; and
(c)a deliberate omission shall be treated as done when the person in question decided upon it.
(5)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—
(a)when he does an act inconsistent with doing the omitted act; or
(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
Extent Information
E3In its application to Northern Ireland, this paragraph has effect subject to the modifications set out in Sch. 8: see s. 70(6)
Textual Amendments
F16Words in Sch. 3 para. 6(2) substituted (25.4.2000) by 1999 c. 17, s. 14(1), Sch. 4 para. 3(3) (with s. 15); S.I. 2000/880, art. 2, Sch. 2 (subject to transitional provision in art. 3); S.I. 2000/1110 (N.I. 2), art. 15(3); S.R. 2000/140, art. 2, Sch.
Textual Amendments
F17Sch. 3 paras. 6A, 6B and cross-headings inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(5); S.I. 2005/2774, art. 4
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—E+W+S
(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.
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).]
7In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.
8(1)In any proceedings under section 25, a certificate signed by or on behalf of a Minister of the Crown and certifying—
(a)that any conditions or requirements specified in the certificate were imposed by a Minister of the Crown and were in operation at a time or throughout a time so specified, or
(b)that an act specified in the certificate was done for the purpose of safeguarding national security,
shall be conclusive evidence of the matters certified.
(2)A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
[F18(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 [F19Welsh Ministers] and certifying that any conditions or requirements specified in the certificate—
(a)were imposed by the [F20National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government], 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.]
Textual Amendments
F18Sch. 3 para. 8(3)-(5) inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(6); S.I. 2005/1676, art. 2(1)(c)
F19Words in Sch. 3 para. 8(4) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 63(3)(a)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.
F20Words in Sch. 3 para. 8(4)(a) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 63(3)(b)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.
Textual Amendments
F21Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F229(1)Except as provided by sections 28I, 28K [F23, 28L and 28N], no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Chapter 1 of Part 4.
(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.
[F24(3)Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 28J(9).]
Textual Amendments
F22Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F23Words in Sch. 3 para. 9(1) substituted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(7); S.I. 2005/1676, art. 2(1)(c)
F24Sch. 3 para. 9(3) inserted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(8); S.I. 2005/1676, art. 2(1)(c)
F2510(1)The Tribunal [F26or the Welsh Tribunal] shall not consider a claim under section 28I unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.
(2)If, in relation to proceedings or prospective proceedings under section 28I, the dispute concerned is referred for conciliation in pursuance of arrangements under section 31B before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by two months.
(3)The Tribunal [F26or the Welsh Tribunal] may consider any claim under section 28I which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
(4)But sub-paragraph (3) does not permit the Tribunal [F26or the Welsh Tribunal] to decide to consider a claim if a decision not to consider that claim has previously been taken under that sub-paragraph.
(5)For the purposes of sub-paragraph (1)—
(a)if an unlawful act of discrimination is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;
(b)any act extending over a period shall be treated as done at the end of that period; and
(c)a deliberate omission shall be treated as done when the person in question decided upon it.
(6)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—
(a)when he does an act inconsistent with doing the omitted act; or
(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
Textual Amendments
F25Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
F26Words in Sch. 3 para. 10(1)(3)(4) inserted (1.9.2003) by 2002 c. 32, s. 195, Sch. 18 para. 12 (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III
F2711(1)In any proceedings under section 28I, 28K [F28, 28L or 28N], a certificate signed by or on behalf of a Minister of the Crown and certifying that any conditions or requirements specified in the certificate—
(a)were imposed by a Minister of the Crown, and
(b)were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.
[F29(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 [F30Welsh Ministers] and certifying that any conditions or requirements specified in the certificate—
(a)were imposed by the [F31National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government], and
(b)were in operation at a time or throughout a time so specified,
shall be conclusive evidence of the matters certified.]
(2)A document purporting to be such a certificate [F32as is mentioned in sub-paragraph (1), (1A) or (1B)] shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
Textual Amendments
F27Sch. 3 Pt. 3 (paras. 9-11) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 19(2), Sch. 3 para. 1 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F28Words in Sch. 3 para. 11(1) inserted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(9); S.I. 2005/1676, art. 2(1)(c)
F29Sch. 3 para. 11(1A)(1B) inserted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(10); S.I. 2005/1676, art. 2(1)(c)
F30Words in Sch. 3 para. 11(1B) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 63(4)(a)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.
F31Words in Sch. 3 para. 11(1B)(a) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 63(4)(b)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.
F32Words in Sch. 3 para. 11(2) inserted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(11); S.I. 2005/1676, art. 2(1)(c)
Textual Amendments
F33Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), Sch. 3 para. 2 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F3412(1)Except as provided by [F35Chapter 2 of Part 4], no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under [F36that Chapter].
(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.
Textual Amendments
F34Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F35Words in Sch. 3 para. 12(1) substituted (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 19(2)(a)
F36Words in Sch. 3 para. 12(1) substituted (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 19(2)(b)
F3713(1)A county court or a sheriff court shall not consider a claim under section 28V unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.
[F38(2)If, in relation to proceedings or prospective proceedings under section 28V—
(a)the dispute concerned is referred for conciliation in pursuance of arrangements under section 31B before the end of the period of six months mentioned in sub-paragraph (1), or
(b)in England and Wales, in a case not falling within paragraph (a), the dispute concerned relates to the act or omission of a qualifying institution and is referred as a complaint under the student complaints scheme before the end of that period,
the period of six months allowed by sub-paragraph (1) shall be extended by two months.
(2A)In sub-paragraph (2)(b)—
“qualifying institution” has the meaning given by section 11 of the Higher Education Act 2004;
“the student complaints scheme” means a scheme for the review of qualifying complaints, as defined by section 12 of that Act, that is provided by the designated operator, as defined by section 13(5)(b) of that Act.]
(3)A court may consider any claim under section 28V which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
(4)For the purposes of sub-paragraph (1)—
(a)if an unlawful act F39. . . is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;
(b)any act extending over a period shall be treated as done at the end of that period; and
(c)a deliberate omission shall be treated as done when the person in question decided upon it.
(5)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—
(a)when he does an act inconsistent with doing the omitted act; or
(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
Textual Amendments
F37Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F38Sch. 3 para. 13(2)(2A) substituted for Sch. 3 para. 13(2) (1.11.2004) by Higher Education Act 2004 (c. 8), ss. 19(3), 52; S.I. 2004/2781, art. 3
F39Words in Sch. 3 para. 13(4)(a) omitted (30.6.2006 for certain purposes and otherwise 1.9.2006) by virtue of The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 19(3)
F4014In any proceedings under section 28V, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.
Textual Amendments
F40Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F4115(1)In any proceedings under section 28V, a certificate signed by or on behalf of a Minister of the Crown and certifying that any conditions or requirements specified in the certificate—
(a)were imposed by a Minister of the Crown, and
(b)were in operation at a time or throughout a time so specified,
is conclusive evidence of the matters certified.
[F42(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 [F43Welsh Ministers] and certifying that any conditions or requirements specified in the certificate—
(a)were imposed by the [F44National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government], and
(b)were in operation at a time or throughout a time so specified,
is conclusive evidence of the matters certified.]
(2)A document purporting to be such a certificate [F45as is mentioned in sub-paragraph (1), (1A) or (1B)] is to be—
(a)received in evidence; and
(b)deemed to be such a certificate unless the contrary is proved.
Textual Amendments
F41Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F42Sch. 3 para. 15(1A)(1B) inserted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(12); S.I. 2005/1676, art. 2(1)(c)
F43Words in Sch. 3 para. 15(1B) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 63(5)(a)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.
F44Words in Sch. 3 para. 15(1B)(a) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order (S.I. 2007/1388), arts. 1, 3, {Sch. 1 para. 63(5)(b)}, the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see s. 161(5) of the Government of Wales Act 2006.
F45Words in Sch. 3 para. 15(2) inserted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(13); S.I. 2005/1676, art. 2(1)(c)
Valid from 01/09/2007
Textual Amendments
F46Sch. 3 Pt. 5 (paras. 16-18 and cross-headings) 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(3) (with reg. 14)
16(1)Except as provided by section 31ADA, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Chapter 2A of Part 4.
(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.
17(1)A county court or a sheriff court shall not consider a claim under section 31ADA unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.
(2)If, in relation to proceedings or prospective proceedings under section 31ADA, the dispute concerned is referred to conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 before the end of the period of six months mentioned in sub-paragraph (1), the period of six months allowed by that sub-paragraph shall be extended by three months.
(3)A court may consider any claim under section 31ADA which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
(4)For the purposes of sub-paragraph (1)—
(a)if an unlawful act is attributable to a term in a contract, that act is to be treated as extending throughout the duration of the contract;
(b)any act extending over a period shall be treated as done at the end of that period; and
(c)a deliberate omission shall be treated as done when the person in question decided upon it.
(5)In the absence of evidence establishing the contrary, a person shall be taken for the purposes of this paragraph to decide upon an omission—
(a)when he does an act inconsistent with doing the omitted act; or
(b)if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
18(1)In any proceedings under section 31ADA, a certificate signed by or on behalf of a Minister of the Crown and certifying that any conditions or requirements specified in the certificate—
(a)were imposed by a Minister of the Crown, and
(b)were in operation at a time or throughout a time so specified,
is conclusive evidence of the matters certified.
(2)In any proceedings under section 31ADA, 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.
(3)In any proceedings under section 31ADA, a certificate signed by or on behalf of the Welsh Ministers and certifying that any conditions or requirements specified in the certificate—
(a)were imposed by them, and
(b)were in operation at a time or throughout a time so specified,
is conclusive evidence of the matters certified.
(4)A document purporting to be such a certificate as is mentioned in sub-paragraph (1), (2) or (3) is to be—
(a)received in evidence; and
(b)deemed to be such a certificate unless the contrary is proved.