SCHEDULES
SCHEDULE 3 Enforcement and Procedure
Part II Discrimination in Other Areas
F1Restriction of remedies for section 21B claim relating to criminal matters
6B
(1)
Sub-paragraph (2) applies to a remedy other than—
(a)
damages; or
(b)
a declaration or, in Scotland, a declarator.
(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).