Equality Act 2010

Prospective

114JurisdictionE+W+S

This sectionnoteType=Explanatory Notes has no associated

(1)A county court or, in Scotland, the sheriff has jurisdiction to determine a claim relating to—

(a)a contravention of Part 3 (services and public functions);

(b)a contravention of Part 4 (premises);

(c)a contravention of Part 6 (education);

(d)a contravention of Part 7 (associations);

(e)a contravention of section 108, 111 or 112 that relates to Part 3, 4, 6 or 7.

(2)Subsection (1)(a) does not apply to a claim within section 115.

(3)Subsection (1)(c) does not apply to a claim within section 116.

(4)Subsection (1)(d) does not apply to a contravention of section 106.

(5)For the purposes of proceedings on a claim within subsection (1)(a)—

(a)a decision in proceedings on a claim mentioned in section 115(1) that an act is a contravention of Part 3 is binding;

(b)it does not matter whether the act occurs outside the United Kingdom.

(6)The county court or sheriff—

(a)must not grant an interim injunction or interdict unless satisfied that no criminal matter would be prejudiced by doing so;

(b)must grant an application to stay or sist proceedings under subsection (1) on grounds of prejudice to a criminal matter unless satisfied the matter will not be prejudiced.

(7)In proceedings in England and Wales on a claim within subsection (1), the power under section 63(1) of the County Courts Act 1984 (appointment of assessors) must be exercised unless the judge is satisfied that there are good reasons for not doing so.

(8)In proceedings in Scotland on a claim within subsection (1), the power under rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of assessors) must be exercised unless the sheriff is satisfied that there are good reasons for not doing so.

(9)The remuneration of an assessor appointed by virtue of subsection (8) is to be at a rate determined by the Lord President of the Court of Session.