Disability Discrimination Act 1995

Part II U.K. Discrimination in Other Areas

Restriction on proceedings for breach of Part III U.K.

5 U.K.

5 [F3 (1) Except as provided by section 25 no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part III. U.K.

(2) Sub-paragraph (1) does not prevent the making of an application for judicial review.]

Extent Information

E2 Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only.

Textual Amendments

F3 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Period within which proceedings must be brought U.K.

6 U.K.

6 [F4 (1) A county court or a sheriff court shall not consider a claim under section 25 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. U.K.

[F5 (2) Where, in relation to proceedings or prospective proceedings under section 25, the dispute concerned is referred for conciliation in pursuance of arrangements under 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 three months.]

(3) A court may consider any claim under section 25 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) 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.

(5) 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.]

Extent Information

E3 Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to Northern Ireland only and also has effect subject to the modification for Northern Ireland set out in Sch. 8 para. 50(3); see s. 70(6)

Textual Amendments

F4 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F5 Sch. 3 para. 6(2) substituted (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 56(1) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

[F6 Staying or sisting proceedings on section 21B claim affecting criminal matters][F7 Staying proceedings on section 21B claim affecting criminal matters] U.K.

Textual Amendments

F6 Sch. 3 paras. 6A, 6B and cross-headings inserted (E.W.S.) (4.12.2006) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(5); S.I. 2005/2774, art. 4

F7 Sch. 3 paras. 6A, 6B inserted (N.I.) (31.12.2007) by The Disability Discrimination (Northern Ireland) Order 2006 (S.I. 2006/312 (N.I. 1)), arts. 1, 19, Sch. 1 para. 29(3); S.R. 2007/466, art. 2(2)(l)

[F6 6A E+W+S F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E4 This provision extended to England, Wales and Scotland only; a separate Sch. 3 para. 6A exists for Northern Ireland only.

Textual Amendments

F8 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F7 6A (1) Sub-paragraph (2) applies where a party to proceedings under section 25 which have arisen by virtue of section 21B(1) has applied for a stay of those proceedings on the grounds of prejudice to— N.I.

(a) particular criminal proceedings;

(b) a criminal investigation; or

(c) a decision to institute criminal proceedings.

(2) The court shall grant the stay unless it is satisfied that the continuance of the proceedings under section 25 would not result in the prejudice alleged.]

Extent Information

E8 This provision extends to Northern Ireland only; a separate Sch. 3 para. 6A for England, Wales and Scotland only repealed (1.10.2010).

F7 [F6 Restriction of remedies for section 21B claim relating to criminal matters] U.K.

[F6 6B E+W+S F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E5 This provision extended to England, Wales and Scotland only; a separate Sch. 3 para. 6B exists for Northern Ireland only.

Textual Amendments

F9 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

[F7 6B (1) Sub-paragraph (2) applies to a remedy other than— N.I.

(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).]

Extent Information

E9 This provision extends to Northern Ireland only; a separate Sch. 3 para. 6B for England, Wales and Scotland only repealed (1.10.2010).

Compensation for injury to feelings U.K.

7 U.K.

[F10 In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.]

Extent Information

E6 Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to N.I. only.

Textual Amendments

F10 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

Evidence U.K.

8 U.K.

8 [F11 (1) In any proceedings under section 25, a certificate signed by or on behalf of a Minister of the Crown and certifying— U.K.

(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.

[F12 (3) In any proceedings under section 25, 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.

(4) In any proceedings under section 25, a certificate signed by or on behalf of the [F13 Welsh Ministers] and certifying that any conditions or requirements specified in the certificate—

(a) were imposed by the [F14 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.

(5) A document purporting to be such a certificate as is mentioned in sub-paragraph (3) or (4) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.]]

Extent Information

E7 Following the repeal of this Act for E.W.S. by the Equality Act 2010, this provision now extends to Northern Ireland only and also has effect subject to the modifications for Northern Ireland set out in Sch. 8 para. 50(4); see s. 70(6)

Textual Amendments

F11 Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F12 Sch. 3 para. 8(3)-(5) inserted (E.W.S.) (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 38(6); S.I. 2005/1676, art. 2(1)(c)

F13 Words in Sch. 3 para. 8(4) 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(3)(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.

F14 Words in Sch. 3 para. 8(4)(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(3)(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.