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No longer has effect: 01/10/2010
There are currently no known outstanding effects for the Disability Discrimination Act 1995, Paragraph 10.
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Prospective
F110(1)The F2. . . [F3Welsh Tribunal] shall not consider a claim under section 28I [F4or section 28IA ] 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 [F5or section 28IA ], the dispute concerned is referred for conciliation in pursuance of arrangements under [F6section 28ID of this Act or ][F7section 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 [F8three months.].
(3)The F2. . . [F3 Welsh Tribunal] may consider any claim under section 28I [F9or section 28IA ] 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 F2. . . [F3 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
F1Sch. 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
F2Words in Sch. 3 para. 10(1)(3)(4) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order (S.I. 2008/2833), arts. 1(1), 6, {Sch. 3 para. 121}
F3Words 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
F4Words in Sch. 3 para. 10(1) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(b)}
F5Words in Sch. 3 para. 10(2) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(c)}
F6Words in Sch. 3 para. 10(2) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(c)}
F7Words in Sch. 3 para. 10(2) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 56(2)(a) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
F8Words in Sch. 3 para. 10(2) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 56(2)(b) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
F9Words in Sch. 3 para. 10(3) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(d)}
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