2

1

A person commits discrimination for the purposes of section 3(1)(b) in the following cases only.

2

The first case is where—

a

the person has been found to have contravened a relevant equality provision, and

b

no appeal against the finding is pending or can be brought.

3

The second case is where—

a

the person has been given an unlawful act notice under section 21 of the Equality Act 2006,

b

the notice specifies a relevant equality provision as the provision by virtue of which the act in question is unlawful, and

c

no appeal against the giving of the notice is pending or can be brought.

4

The third case is where—

a

the person is the subject of an injunction, interdict or order under section 24 of the Equality Act 2006 (unlawful acts), and

b

the unlawful act in question is a contravention of a relevant equality provision.

5

The relevant equality provisions are—

a

Parts 3 and 4 of the Equality Act 2010 (services and premises) so far as relating to discrimination and victimisation, and

b

section 112 of that Act (aiding contraventions) in relation to either of those Parts of that Act so far as relating to discrimination and victimisation.

4

For the purposes of paragraphs 2 and 3 “discrimination” and “victimisation” have the same meaning as in the Equality Act 2010.