The Civil Procedure Rules 1998

[F1 Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995 and Disability Rights Commission Act 1999] E+W

Rule 17—(1) In this rule—

[F2 (a) “the Act of 1975”, “the Act of 1976 ”, “the Act of 1995” and “the Act of 1999” mean respectively the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and the Disability Rights Commission Act 1999;]

(b) in relation to proceedings under either of those Acts expressions which are used in the Act concerned have the same meanings in this rule as they have in that Act;

(c) in relation to proceedings under the Act of 1976 “court” means a designated county court and “district” means the district assigned to such a court for the purposes of that Act.

(2) A claimant who brings a claim under section 66 of the Act of [F3 1975,] section 57 of the Act of 1976 [F4 or section 25 of the Act of 1995] shall forthwith give notice to the Commission of the commencement of the proceedings and file a copy of the notice.

(3) CPR Rule 35.15 shall have effect in relation to an assessor who is to be appointed in proceedings under section 66 (1) of the Act of 1975.

(4) Proceedings under section 66, 71 or 72 of the Act of [F5 1975,] section 57, 62 or 63 of the Act of 1976 [F6 , section 25 of the Act of 1995 or section 6 of the Act of 1999] may be commenced—

(a) in the court for the district in which the defendant resides or carries on business; or

(b) in the court for the district in which the act or any of the acts in respect of which the proceedings are brought took place.

(5) An appeal under section 68 of the Act of [F7 1975,] section 59 of the Act of 1976 [F8 or paragraph 10 of Schedule 3 to the Act of 1999] against a requirement of a non-discrimination notice shall be brought in the court for the district in which the acts to which the requirement relates were done.

(6) Where the claimant in any claim alleging discrimination has questioned the defendant under section 74 of the Act of 1975 or section 66 of the Act of 1976—

(a) either party may make an application to the court in accordance with CPR Part 23 to determine whether the question or any reply is admissible under that section; and

(b) CPR Rule 3.4, shall apply to the question and any answer as it applies to any statement of case.

(7) Where in any claim the Commission claim a charge for expenses incurred by them in providing the claimant with assistance under section 75 of the Act of [F9 1975,] section 66 of the Act of 1976 [F10 or section 7 of the Act of 1999] —

(a) the Commission shall, within 14 days after the determination of the claim, give notice of the claim to the court and the claimant and thereafter no money paid into court for the benefit of the claimant, so far as it relates to any costs or expenses, shall be paid out except in pursuance of an order of the court, and

(b) the court may order the expenses incurred by the Commission to be assessed whether by the summary or detailed procedure as if they were costs payable by the claimant to his own solicitor for work done in connection with the proceedings.

(8) Where an application is made for the removal or modification of any term of a contract to which section 77 (2) of the Act of [F11 1975,] section 72 (2) of the Act of 1976 [F12 or section 26 of the Act of 1995] applies, all persons affected shall be made respondents to the application, unless in any particular case the court otherwise directs, and the proceedings may be commenced—

(a) in the court for the district in which the respondent or any of the respondents resides or carries on business; or

(b) in the court for the district in which the contract was made.

Textual Amendments

F1 Sch. 2 CCR Order 49 rule 17 heading substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(a) (with rule 39)

F2 Sch. 2 CCR Order 49 rule 17(1)(a) substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(b) (with rule 39)

F3 Word in Sch. 2 CCR Order 49 rule 17(2) substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(c)(i) (with rule 39)

F4 Words in Sch. 2 CCR Order 49 rule 17(2) inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(c)(ii) (with rule 39)

F5 Word in Sch. 2 CCR Order 49 rule 17(4) substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(d)(i) (with rule 39)

F6 Words in Sch. 2 CCR Order 49 rule 17(4) inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(d)(ii) (with rule 39)

F7 Word in Sch. 2 CCR Order 49 rule 17(5) substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(e)(i) (with rule 39)

F8 Words in Sch. 2 CCR Order 49 rule 17(5) inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(e)(ii) (with rule 39)

F9 Word in Sch. 2 CCR Order 49 rule 17(7) substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(f)(i) (with rule 39)

F10 Words in Sch. 2 CCR Order 49 rule 17(7) inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(f)(ii) (with rule 39)

F11 Word in Sch. 2 CCR Order 49 rule 17(8) substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(g)(i) (with rule 39)

F12 Words in Sch. 2 CCR Order 49 rule 17(8) inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(g)(ii) (with rule 39)