SCHEDULES
E4SCHEDULE 3Sections F2017A(8) and 25(6)F21, 31ADA Enforcement and Procedure
Sch. 3: word in side note substituted (E.W.S.) (3.7.2003 for certain purposes and otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 29(2)(a) and same word substituted (N.I.) (21.2.2004 for certain purposes and otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 28(2)(a)
Sch. 3: word in sidenote inserted (E.W.S.) (1.9.2007) by The Disability Discrimination Act 1995 (Amendment etc.) (General Qualifications Bodies) (Alteration of Premises and Enforcement) Regulations (S.I. 2007/2405), regs. 1(2), 4(2)
Part I Employment
Conciliation
F11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction on proceedings for breach of Part II
E12
F2F31
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 F4 or the investigation or determination of any matter in accordance with Part 10 (investigations) of the Pension Schemes Act 1993 F5 by the Pensions Ombudsman”F6
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 F7 by the Pensions Ombudsman.
F83
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
E23
F121
F221A
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 F11. . . 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
E34
F131
In any proceedings under F14section 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, F15. . .
F15b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be conclusive evidence of the matters certified.
F161A
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 F17Welsh Ministers and certifying that any conditions or requirements specified in the certificate—
a
were imposed by the F18National 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 F19as 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.
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)