Equality Act 2006

25 Application to restrain unlawful advertising, pressure, &c. E+W+S

(1) This section applies to an act which is unlawful under any of the following—

(a) sections 38 to 40 of the Sex Discrimination Act 1975 (c. 65) (advertising; and instructions or pressure to discriminate),

(b) sections 29 to 31 of the Race Relations Act 1976 (c. 74) (advertising; and instructions or pressure to discriminate),

(c) sections 16B and 16C of the Disability Discrimination Act 1995 (c. 50) (advertising; and instructions or pressure to discriminate),

[F1 (ca) sections 28UB and 28UC of that Act (advertising; and instructions or pressure to discriminate),] F1 and

(d) sections 54 and 55 below (religious discrimination: advertising; and instructions or pressure to discriminate) [F2 , and

(e) regulations 10 and 11 of the Equality Act (Sexual Orientation) Regulations 2007].

(2) Legal proceedings in relation to action to which this section applies—

(a) may be brought by the Commission in accordance with this section, and

(b) may not be brought by anyone else.

(3) Where the Commission thinks that a person has done an act to which this section applies the Commission may—

(a) present a complaint to an employment tribunal, where the act is alleged to be unlawful by reference to—

(i) Part 2 of the Sex Discrimination Act 1975,

(ii) Part 2 of the Race Relations Act 1976,

(iii) Part 2 of the Disability Discrimination Act 1995,

(iv) Part 3 of that Act in so far as it relates to employment services, or

(v) Part 2 of this Act, or

(b) in any other case, apply to a county court (in England and Wales) or the sheriff (in Scotland).

(4) On a complaint or application under subsection (3) in respect of an alleged act to which this section applies, the tribunal, court or sheriff shall determine whether the allegation is correct.

(5) The Commission may apply to a county court (in England and Wales) for an injunction restraining a person from doing an act to which this section applies where—

(a) either—

(i) a tribunal or court has determined under subsection (4) that the person has done an act to which this section applies, or

(ii) the Commission thinks that the person has done an act to which this section applies, and

(b) the Commission thinks that if unrestrained the person is likely to do another act to which this section applies.

(6) The Commission may apply to the sheriff (in Scotland) for an interdict prohibiting a person from doing an act to which this section applies where—

(a) either—

(i) a tribunal or the sheriff has determined under subsection (4) that the person has done an act to which this section applies, or

(ii) the Commission thinks that the person has done an act to which this section applies, and

(b) the Commission thinks that without an interdict the person is likely to do another act to which this section applies.

(7) Subsection (1) does not apply to an act which constitutes an offence.

Textual Amendments

F1 S. 25(1)(ca) inserted (30.6.2006 for certain purposes and 1.9.2006 in so far as not already in force) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), reg. 22

F2 S. 25(1)(e) and word inserted (30.4.2007) by The Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263), regs. 1(1), 32 (with regs. 12, 13, 18, 33, 34)