- Latest available (Revised)
- Original (As made)
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
10. (1) A person on whom a non-discrimination notice is served may, within the period of six weeks beginning on the day on which the notice is served on him, appeal against any requirement imposed by the notice under Article 6(1)(b) or (3).N.I.
(2) An appeal under this paragraph lies—
(a)to an industrial tribunal, so far as the requirement relates to acts within the tribunal's jurisdiction; and
(b)to a county court, so far as the requirement relates to acts which are not within the jurisdiction of an industrial tribunal.
(3) The court or tribunal may quash any requirement appealed against—
(a)if it considers the requirement to be unreasonable; or
(b)in the case of a requirement imposed under Article 6(1)(b), if it considers that the Commission's finding that the person concerned had committed or is committing the unlawful act in question was based on an incorrect finding of fact.
(4) On quashing a requirement, the court or tribunal may direct that the non-discrimination notice shall have effect with such modifications as it considers appropriate.
(5) The modifications which may be included in such a direction include—
(a)the substitution of a requirement in different terms; and
(b)in the case of a requirement imposed under Article 6(1)(b), modifications to the details given under Article 6(1)(a) so far as necessary to describe any unlawful act on which the requirement could properly have been based.
(6) Sub-paragraph (1) does not apply to any modifications contained in a direction under sub-paragraph (4).
(7) If the court or tribunal allows an appeal under this paragraph without quashing the whole of the non-discrimination notice, the Commission may by notice to the person concerned vary the non-discrimination notice—
(a)by revoking or altering any recommendation included in pursuance of the Commission's power under Article 6(2); or
(b)by making new recommendations in pursuance of that power.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: