Disability Discrimination Act 1995

Valid from 01/09/2002

[F1 Part 3 U.K. DISCRIMINATION IN SCHOOLS]

Textual Amendments

F1 Sch. 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

Prospective

Restriction on proceedings for breach of Part 4, Chapter 1 E+W+S

F2 9 (1) Except as provided by sections 28I [F3 28IA, ], 28K [F4 , 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.

[F5 (3) Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 28J(9).]

Textual Amendments

F2 Sch. 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

F3 Word in Sch. 3 para. 9(1) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(a)}

F4 Words 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)

F5 Sch. 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)

Prospective

Period within which proceedings must be brought E+W+S

F6 10 (1) The F7 . . . [F8 Welsh Tribunal] shall not consider a claim under section 28I [F9 or 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 [F10 or section 28IA ], the dispute concerned is referred for conciliation in pursuance of arrangements under [F11 section 28ID of this Act or ][F12 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 [F13 three months.].

(3) The F7 . . . [F8 Welsh Tribunal] may consider any claim under section 28I [F14 or 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 F7 . . . [F8 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

F6 Sch. 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

F7 Words 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}

F8 Words 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

F9 Words in Sch. 3 para. 10(1) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(b)}

F10 Words in Sch. 3 para. 10(2) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(c)}

F11 Words in Sch. 3 para. 10(2) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(c)}

F12 Words 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)

F13 Words 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)

F14 Words in Sch. 3 para. 10(3) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(d)}

Prospective

Evidence E+W+S

F15 11 (1) In any proceedings under section 28I, 28K [F16 , 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.

[F17 (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, [F18 28IA, ] 28K or 28L, a certificate signed by or on behalf of the [F19 Welsh Ministers] and certifying that any conditions or requirements specified in the certificate—

(a) were imposed by the [F20 National 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 [F21 as 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

F15 Sch. 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

F16 Words 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)

F17 Sch. 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)

F18 Word in Sch. 3 para. 11(1B) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(e)}

F19 Words 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.

F20 Words 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.

F21 Words 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)