SCHEDULES

SCHEDULE 5 Employment-related Schemes for Pensions or other Benefits: Equal Treatment for Men and Women

Part I Compliance by Schemes

Jurisdiction

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1

The court, on the application of any person interested, shall have jurisdiction to determine any question arising as to—

a

whether any provision of an employment-related benefit scheme does or does not comply with the principle of equal treatment; or

b

whether, and with what effect, any such provision is overridden by paragraph 3 above.

2

In sub-paragraph (1) above “the court” means—

a

in England and Wales, the High Court or F1the county court; and

b

in Scotland, the Court of Session or the sheriff court.

3

An application under sub-paragraph (1) above may be commenced in F1the county court notwithstanding—

a

any financial limit otherwise imposed on the jurisdiction of F2that court; or

b

that the only relief claimed is a declaration or an injunction.