SCHEDULES
E1SCHEDULE 3Sections F617A(8) and 25(6). 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)
F5Part 4 DISCRIMINATION IN FURTHER AND HIGHER EDUCATION INSTITUTIONS
Sch. 3 Pt. 4 (paras. 12-15) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 30(2), Sch. 3 para. 2 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I
F112Restriction on proceedings for breach of Part 4, Chapter 2
1
2
Sub-paragraph (1) does not prevent the making of an application for judicial review.
F213Period within which proceedings must be brought
1
A county court or a sheriff court shall not consider a claim under section 28V unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.
F92
If, in relation to proceedings or prospective proceedings under section 28V—
a
the dispute concerned is referred for conciliation in pursuance of arrangements under section 31B before the end of the period of six months mentioned in sub-paragraph (1), or
b
in England and Wales, in a case not falling within paragraph (a), the dispute concerned relates to the act or omission of a qualifying institution and is referred as a complaint under the student complaints scheme before the end of that period,
the period of six months allowed by sub-paragraph (1) shall be extended by two months.
2A
In sub-paragraph (2)(b)—
“qualifying institution” has the meaning given by section 11 of the Higher Education Act 2004;
“the student complaints scheme” means a scheme for the review of qualifying complaints, as defined by section 12 of that Act, that is provided by the designated operator, as defined by section 13(5)(b) of that Act.
3
A court may consider any claim under section 28V which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
4
For the purposes of sub-paragraph (1)—
a
if an unlawful act F10. . . 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.
5
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.
F314Compensation for injury to feelings
In any proceedings under section 28V, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.
F415Evidence
1
In any proceedings under section 28V, a certificate signed by or on behalf of a Minister of the Crown and certifying that any conditions or requirements specified in the certificate—
a
were imposed by a Minister of the Crown, and
b
were in operation at a time or throughout a time so specified,
is conclusive evidence of the matters certified.
F111A
In any proceedings under section 28V, 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,
is conclusive evidence of the matters certified.
1B
In any proceedings under section 28V, a certificate signed by or on behalf of the National Assembly for Wales and certifying that any conditions or requirements specified in the certificate—
a
were imposed by the Assembly, and
b
were in operation at a time or throughout a time so specified,
is conclusive evidence of the matters certified.
2
A document purporting to be such a certificate F12as is mentioned in sub-paragraph (1), (1A) or (1B) is to be—
a
received in evidence; and
b
deemed to be such a certificate unless the contrary is proved.
In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in Sch. 8; see s. 70(6)