SCHEDULES

E3SCHEDULE 3Sections F417A(8) and 25(6)F5, 31ADA Enforcement and Procedure

Annotations:
Extent Information
E3

In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Amendments (Textual)
F4

Sch. 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)

F5

Sch. 3: word in sidenote 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(2)

Part II Discrimination in Other Areas

F2F3Restriction of remedies for section 21B claim relating to criminal matters

Annotations:
Amendments (Textual)

F3E26B

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2E16B

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).