Disability Discrimination Act 1995
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Change 1
SCHEDULE 3 Sections 17A(8) and 25(6), 31ADA Enforcement and Procedure
Part I Employment Conciliation 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on proceedings for breach of Part II 2 (1) Except as provided by Part 2, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under that Part. (2) Sub-paragraph (1) does not prevent the making of an application for judicial review or the investigation or determination of any matter in accordance with Part 10 (investigations) of the Pension Schemes Act 1993 by the Pensions Ombudsman” or the investigation or determination of any matter in accordance with the Part X (investigations: the Pensions Ombudsman) of the Pension Schemes (Northern Ireland) Act 1993 by the Pensions Ombudsman. (3) Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 16B(2B). Period within which proceedings must be brought 3 (1) An employment tribunal shall not consider a complaint under section 17A or 25(8) unless it is presented before the end of the period of three months beginning when the act complained of was done. (1A) Article 249B of the Employment Rights (Northern Ireland) Order 1996 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a). (1B) Sub-paragraphs (1) and (1A) shall be treated as provisions of the Employment Rights (Northern Ireland) Order 1996 for the purposes of Article 249B of that Order. (2) A tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so. (3) For the purposes of sub-paragraph (1)— (a) where an unlawful act . . . 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. (4) 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. Evidence 4 (1) In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of a Minister of the Crown and certifying— (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, . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . shall be conclusive evidence of the matters certified. (1A) In any proceedings under section 17A or 25(8), 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. (1B) In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of the Welsh Ministers and certifying that any conditions or requirements specified in the certificate— (a) were imposed by the 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. (2) A document purporting to be such a certificate as is mentioned in sub-paragraph (1), (1A) or (1B) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate. Part II Discrimination in Other Areas Restriction on proceedings for breach of Part III 5 (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. (2) Sub-paragraph (1) does not prevent the making of an application for judicial review. Period within which proceedings must be brought 6 (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. (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. Staying or sisting proceedings on section 21B claim affecting criminal mattersStaying proceedings on section 21B claim affecting criminal matters 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction of remedies for section 21B claim relating to criminal matters 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation for injury to feelings 7 In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount. Evidence 8 (1) In any proceedings under section 25, a certificate signed by or on behalf of a Minister of the Crown and certifying— (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. (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 Welsh Ministers and certifying that any conditions or requirements specified in the certificate— (a) were imposed by the 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. Part 3 DISCRIMINATION IN SCHOOLS Restriction on proceedings for breach of Part 4, Chapter 1 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period within which proceedings must be brought 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS Restriction on proceedings for breach of Part 4, Chapter 2 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period within which proceedings must be brought 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation for injury to feelings 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 5 Discrimination in General Qualifications Bodies Restriction on proceedings for breach of Part 4, Chapter 2A 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period within which proceedings must be brought 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Sections 17A(8) and 25(6), 31ADA Enforcement and Procedure
Part I Employment Conciliation 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on proceedings for breach of Part II 2 (1) Except as provided by Part 2, no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under that Part. (2) Sub-paragraph (1) does not prevent the making of an application for judicial review or the investigation or determination of any matter in accordance with Part 10 (investigations) of the Pension Schemes Act 1993 by the Pensions Ombudsman” or the investigation or determination of any matter in accordance with the Part X (investigations: the Pensions Ombudsman) of the Pension Schemes (Northern Ireland) Act 1993 by the Pensions Ombudsman. (3) Sub-paragraph (1) does not prevent the bringing of proceedings in respect of an offence under section 16B(2B). Period within which proceedings must be brought 3 (1) An employment tribunal shall not consider a complaint under section 17A or 25(8) unless it is presented before the end of the period of three months beginning when the act complained of was done. (1A) Article 249B of the Employment Rights (Northern Ireland) Order 1996 (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a). (1B) Sub-paragraphs (1) and (1A) shall be treated as provisions of the Employment Rights (Northern Ireland) Order 1996 for the purposes of Article 249B of that Order. (2) A tribunal may consider any such complaint which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so. (3) For the purposes of sub-paragraph (1)— (a) where an unlawful act . . . 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. (4) 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. Evidence 4 (1) In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of a Minister of the Crown and certifying— (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, . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . shall be conclusive evidence of the matters certified. (1A) In any proceedings under section 17A or 25(8), 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. (1B) In any proceedings under section 17A or 25(8), a certificate signed by or on behalf of the Welsh Ministers and certifying that any conditions or requirements specified in the certificate— (a) were imposed by the 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. (2) A document purporting to be such a certificate as is mentioned in sub-paragraph (1), (1A) or (1B) shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate. Part II Discrimination in Other Areas Restriction on proceedings for breach of Part III 5 (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. (2) Sub-paragraph (1) does not prevent the making of an application for judicial review. Period within which proceedings must be brought 6 (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. (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. Staying or sisting proceedings on section 21B claim affecting criminal mattersStaying proceedings on section 21B claim affecting criminal matters 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction of remedies for section 21B claim relating to criminal matters 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation for injury to feelings 7 In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount. Evidence 8 (1) In any proceedings under section 25, a certificate signed by or on behalf of a Minister of the Crown and certifying— (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. (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 Welsh Ministers and certifying that any conditions or requirements specified in the certificate— (a) were imposed by the 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. Part 3 DISCRIMINATION IN SCHOOLS Restriction on proceedings for breach of Part 4, Chapter 1 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period within which proceedings must be brought 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS Restriction on proceedings for breach of Part 4, Chapter 2 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period within which proceedings must be brought 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation for injury to feelings 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 5 Discrimination in General Qualifications Bodies Restriction on proceedings for breach of Part 4, Chapter 2A 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period within which proceedings must be brought 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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