Textual Amendments
F1Pt. IV: Chapter heading, cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
Textual Amendments
F2Pt. IV Ch. 1: Cross-heading and s. 28N inserted (1.9.2002) by 2001 c. 10, s. 23 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
(1)A claim that a responsible body in Scotland—
(a)has discriminated against a person in a way which is unlawful under this Chapter, or
(b)is by virtue of section 58 to be treated as having discriminated against a person in such a way,
may be made the subject of civil proceedings in the same way as any other claim for the enforcement of a statutory duty.
(2)Proceedings in Scotland may be brought only in a sheriff court.
(3)The remedies available in such proceedings are those which are available in the Court of Session other than an award of damages.
(4)Part 3 of Schedule 3 makes further provision about the enforcement of this Chapter and about procedure.
(5)In relation to civil proceedings in Scotland, in [F4paragraph 10] of that Schedule—
(a)references to [F5section 28I] are to be construed as a reference to this section;
(b)references to the Tribunal [F6or Welsh Tribunal] are to be construed as references to the sheriff court.]
Textual Amendments
F3S. 28N inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 23 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
F4Words in s. 28N(5) substituted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 24(3)(a); S.I. 2005/1676, art. 2(1)(c)
F5Words in s. 28N(5)(a) substituted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 24(3)(b); S.I. 2005/1676, art. 2(1)(c)
F6Words in s. 28N(5)(b) inserted (30.6.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 24(3)(c); S.I. 2005/1676, art. 2(1)(c)