SCHEDULES
E1SCHEDULE 3 Enforcement and Procedure
Part I Employment
Conciliation
F11
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Restriction on proceedings for breach of Part II
2
1
Except as provided by section 8, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part II.
2
Sub-paragraph (1) does not prevent the making of an application for judicial review.
Period within which proceedings must be brought
3
1
An industrial tribunal shall not consider a complaint under section 8 unless it is presented before the end of the period of three months beginning when the act complained of was done.
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 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.
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
1
In any proceedings under section 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, 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.
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)