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PART IIConciliation and Enforcement

Legal proceedings

19Nature of proceedings in England and Wales.

(1)Civil proceedings may be brought in England and Wales by the Race Relations Board, in pursuance of a determination of theirs under section 15 of, or Schedule 2 or 3 to, this Act and not otherwise, in respect of any act alleged to be unlawful by virtue of any provision of Part I of this Act, and in those proceedings a claim—

(a)may be made for such an injunction as is mentioned in section 21 below ;

(b)may be made, on behalf of a person alleged to have suffered loss as a result of that act, for such damages as are mentioned in section 22 below;

(c)may be made for such an injunction and such damages ; or

(d)may be made for a declaration that that act is unlawful by virtue of that provision or any other provision of the said Part I;

and in those proceedings, whether or not such a claim is made, an application may be made in accordance with section 23 below for revision of any contract or term in a contract alleged to contravene any such provision.

(2)Notwithstanding anything to the contrary in any enactment or rule of law relating to the jurisdiction of county courts, proceedings under this section in England and Wales may be brought in a county court for the time being appointed to have jurisdiction to entertain such proceedings by an order made by the Lord Chancellor and shall not be brought in any other court.

(3)An order under subsection (2) above appointing any court to have jurisdiction under this section shall assign to that court as its district for the purposes of this section any county court district or two or more county court districts.

(4)An order under subsection (2) above may be varied or revoked by a subsequent order made thereunder.

(5)An order for the discontinuance of the jurisdiction of any county court, whether wholly or within a part of the district assigned to it for the purposes of this section, may include provision with respect to any proceedings under this section commenced in that court before the order comes into operation.

(6)A county court appointed to have jurisdiction under this section shall have jurisdiction to entertain proceedings under this section with respect to things done on ships or aircraft outside the district assigned to the court for the purposes of this section, including things done on British ships or aircraft outside Great Britain.

(7)In any proceedings under this section in England and Wales the judge shall be assisted by two assessors appointed from a list of persons prepared and maintained by the Lord Chancellor, being persons appearing to the Lord Chancellor to have special knowledge and experience of problems connected with race and community relations.

(8)The remuneration of any assessors appointed under subsection (7) above shall be at such rate as may be determined by the Lord Chancellor with the approval of the Treasury and shall be defrayed out of moneys provided by Parliament.

(9)Any proceedings brought under this section in England and Wales shall be included among the proceedings mentioned in section 109(2) of the [1959 c. 22.] County Courts Act 1959 (appeals on questions of fact).

(10)Nothing in this Act shall affect the right to bring any proceedings in England and Wales, whether civil or criminal, which might have been brought if this Act had not been passed, but except as provided by subsection (1) above and this subsection no proceedings, whether civil or criminal, shall lie against any person in respect of any act which is unlawful by virtue only of a provision of Part I of this Act.