Part 9Enforcement
Chapter 2Civil courts
I1119Remedies
1
This section applies if F1the county court or the sheriff finds that there has been a contravention of a provision referred to in section 114(1).
2
The county court has power to grant any remedy which could be granted by the High Court—
a
in proceedings in tort;
b
on a claim for judicial review.
3
The sheriff has power to make any order which could be made by the Court of Session—
a
in proceedings for reparation;
b
on a petition for judicial review.
4
An award of damages may include compensation for injured feelings (whether or not it includes compensation on any other basis).
5
Subsection (6) applies if the county court or sheriff—
a
finds that a contravention of a provision referred to in section 114(1) is established by virtue of section 19 F2or 19A, but
b
is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the claimant or pursuer.
6
The county court or sheriff must not make an award of damages unless it first considers whether to make any other disposal.
7
The county court or sheriff must not grant a remedy other than an award of damages or the making of a declaration unless satisfied that no criminal matter would be prejudiced by doing so.