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Disability Discrimination Act 1995

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Part IIE+W+S+N.I. Discrimination in Other Areas

Restriction on proceedings for breach of Part IIIE+W+S+N.I.

5(1)Except as provided by section 25 no civil or criminal proceedings may be brought against any person in respect of an act merely because the act is unlawful under Part III.E+W+S+N.I.

(2)Sub-paragraph (1) does not prevent the making of an application for judicial review.

Period within which proceedings must be broughtE+W+S+N.I.

6(1)A county court or a sheriff court shall not consider a claim under section 25 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.E+W+S+N.I.

(2)Where, in relation to proceedings or prospective proceedings under section 25, [F1the dispute concerned is referred for conciliation in pursuance of arrangements under section 28] before the end of the period of six months mentioned in sub-paragraph (1), the period allowed by that sub-paragraph shall be extended by two months.

(3)A court may consider any claim under section 25 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)where an unlawful act of discrimination 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.

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Extent Information

E1In its application to Northern Ireland, this paragraph has effect subject to the modifications set out in Sch. 8: see s. 70(6)

Amendments (Textual)

F1Words in Sch. 3 para. 6(2) substituted (25.4.2000) by 1999 c. 17, s. 14(1), Sch. 4 para. 3(3) (with s. 15); S.I. 2000/880, art. 2, Sch. 2 (subject to transitional provision in art. 3); S.I. 2000/1110 (N.I. 2), art. 15(3); S.R. 2000/140, art. 2, Sch.

Compensation for injury to feelingsE+W+S+N.I.

7In any proceedings under section 25, the amount of any damages awarded as compensation for injury to feelings shall not exceed the prescribed amount.E+W+S+N.I.


8(1)In any proceedings under section 25, a certificate signed by or on behalf of a Minister of the Crown and certifying—E+W+S+N.I.

(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, or

(b)that an act specified in the certificate was done for the purpose of safeguarding national security,

shall be conclusive evidence of the matters certified.

(2)A document purporting to be such a certificate shall be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.

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