SCHEDULE 3Sections F117A(8) and 25(6)F2, 31ADA Enforcement and Procedure
Part I Employment
Conciliation
F31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on proceedings for breach of Part II
2
F4F5(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 F6 or the investigation or determination of any matter in accordance with Part 10 (investigations) of the Pension Schemes Act 1993 F7 by the Pensions Ombudsman”
F8
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 F9 by the Pensions Ombudsman.
F10(3)
Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 16B(2B).
Period within which proceedings must be brought
3
F11(1)
F14(1A)
Article 249B of the Employment Rights (Northern Ireland) Order 1996 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a).
(1B)
Sub-paragraphs (1) and (1A) shall be treated as provisions of the Employment Rights (Northern Ireland) Order 1996 for the purposes of Article 249B of that Order.
(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 F15. . . 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.
Evidence
4
F16(1)
In any proceedings under F17section 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, F18. . .
F18(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be conclusive evidence of the matters certified.
F19(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 F20Welsh Ministers and certifying that any conditions or requirements specified in the certificate—
(a)
were imposed by the F21National 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 F22as 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.
Part II Discrimination in Other Areas
Restriction on proceedings for breach of Part III
5
F23(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.
Period within which proceedings must be brought
6
F24(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.
F25(2)
Where, in relation to proceedings or prospective proceedings under section 25, the dispute concerned is referred for 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 allowed by that sub-paragraph shall be extended by three 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.
F26Staying or sisting proceedings on section 21B claim affecting criminal mattersF27Staying proceedings on section 21B claim affecting criminal matters
F266A
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F276A
(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 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 unless it is satisfied that the continuance of the proceedings under section 25 would not result in the prejudice alleged.
F27F26Restriction of remedies for section 21B claim relating to criminal matters
F266B
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F276B
(1)
Sub-paragraph (2) applies to a remedy other than—
(a)
damages; or
(b)
a declaration.
(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).
Compensation for injury to feelings
7
F30In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.
Evidence
8
F31(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.
F32(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 F33Welsh Ministers and certifying that any conditions or requirements specified in the certificate—
(a)
were imposed by the F34National 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.
F35Part 3 DISCRIMINATION IN SCHOOLS
Restriction on proceedings for breach of Part 4, Chapter 1
F369
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Period within which proceedings must be brought
F3810
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidence
F4011
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42Part 4 DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS
Restriction on proceedings for breach of Part 4, Chapter 2
F4312
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Period within which proceedings must be brought
F4513
F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compensation for injury to feelings
F4714
F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidence
F4915
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F51Part 5Discrimination in General Qualifications Bodies
Restriction on proceedings for breach of Part 4, Chapter 2A
16
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Period within which proceedings must be brought
17
F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidence
18
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .