PART 3Extension of Time Limits in View of Mediation in Certain Cross-border Disputes - Amendments to Primary Legislation
Amendments to the Sex Discrimination Act 1975I121
After section 76, insert—
Extension of time limits because of mediation in certain cross-border disputes76ZA
1
In this section—
a
“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,
b
“mediation” has the meaning given by article 3(a) of the Mediation Directive,
c
“mediator” has the meaning given by article 3(b) of the Mediation Directive, and
d
“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).
2
Subsection (3) applies where—
a
a period is allowed by section 76(1)(a)13 for a complaint in relation to the whole or part of a relevant dispute,
b
a mediation in relation to the relevant dispute starts before the period expires, and
c
if not extended by this section the period would expire before the mediation ends or less than four weeks after it ends.
3
The period expires instead at the end of four weeks after the mediation ends (subject to subsection (4)).
4
If a period mentioned in subsection (2)(a) has been extended by this section, subsections (2) and (3) apply to the extended period as they apply to a period mentioned in subsection (2)(a).
5
Subsection (6) applies where—
a
a period is allowed by section 76(2)14 for a complaint or claim in relation to the whole or part of a relevant dispute,
b
a mediation in relation to the relevant dispute starts before the period expires, and
c
if not extended by this section, the period would expire before the mediation ends or less than eight weeks after it ends.
6
The period expires instead at the end of eight weeks after the mediation ends (subject to subsection (7).
7
If a period mentioned in subsection (5)(a) has been extended by this section, subsections (5) and (6) apply to the extended period as they apply to a period mentioned in subsection (5)(a).
8
For the purposes of this section, a mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.
9
For the purposes of this section, a mediation ends on the date of the first of these to occur—
a
the parties reach an agreement in resolution of the relevant dispute,
b
a party completes the notification of the other parties that it has withdrawn from the mediation,
c
a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,
d
the parties, after being notified that the mediator’s appointment has ended (by death, resignation or otherwise), fail to agree within 14 days to seek to appoint a replacement mediator,
e
the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.
10
For the purpose of subsection (9), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.
11
In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.