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)
Valid from 01/09/2002
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. I
Prospective
F29(1)Except as provided by sections 28I [F328IA, ], 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
F2Sch. 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
F3Word in Sch. 3 para. 9(1) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(a)}
F4Words 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)
F5Sch. 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
F610(1)The F7. . . [F8Welsh Tribunal] shall not consider a claim under section 28I [F9or 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 [F10or section 28IA ], the dispute concerned is referred for conciliation in pursuance of arrangements under [F11section 28ID of this Act or ][F12section 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 [F13three months.].
(3)The F7. . . [F8 Welsh Tribunal] may consider any claim under section 28I [F14or 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
F6Sch. 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
F7Words 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}
F8Words 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
F9Words in Sch. 3 para. 10(1) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(b)}
F10Words in Sch. 3 para. 10(2) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(c)}
F11Words in Sch. 3 para. 10(2) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(c)}
F12Words 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)
F13Words 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)
F14Words in Sch. 3 para. 10(3) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(d)}
Prospective
F1511(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, [F1828IA, ] 28K or 28L, 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.]
(2)A document purporting to be such a certificate [F21as 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
F15Sch. 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
F16Words 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)
F17Sch. 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)
F18Word in Sch. 3 para. 11(1B) inserted (W.) (prosp.) by Education (Wales) Measure (2009 nawm 5), ss. 23, 26, {Sch. para. 9(e)}
F19Words 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.
F20Words 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.
F21Words 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)