Modifications etc. (not altering text)
C1Sch. 17: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)
4(1)Proceedings on a claim may not be brought after the end of the period of 6 months starting with the date when the conduct complained of occurred.E+W+S
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(2A)If, in relation to proceedings or prospective proceedings on a claim under paragraph 3 or 3A, the dispute is referred for resolution in pursuance of arrangements under paragraph 6C F3... before the end of the period of 6 months mentioned in sub-paragraph (1), that period is extended by 3 months.]
(3)The Tribunal may consider a claim which is out of time.
(4)Sub-paragraph (3) does not apply if the Tribunal has previously decided under that sub-paragraph not to consider a claim.
(5)For the purposes of sub-paragraph (1)—
(a)if the contravention is attributable to a term in a contract, the conduct is to be treated as extending throughout the duration of the contract;
(b)conduct extending over a period is to be treated as occurring at the end of the period;
(c)failure to do something is to be treated as occurring when the person in question decided on it.
(6)In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—
(a)when P acts inconsistently with doing it, or
(b)if P does not act inconsistently, on the expiry of the period in which P might reasonably have been expected to do it.
Textual Amendments
F1Sch. 17 para. 4(2) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(14)(a), 103(2)
F2Sch. 17 para. 4(2A) inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 10(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 4); S.I. 2012/320, art. 3(g)
F3Words in Sch. 17 para. 4(2A) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(14)(b), 103(2)
Commencement Information
I1Sch. 17 para. 4 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)