2U.K.[F1A person shall be deemed to have committed discrimination for the purposes of section 3(1)(b) of this Act in the following cases only, namely—
(a)where a finding of discrimination has been made against him in proceedings under section 66 of the M1Sex Discrimination Act 1975 (in this Schedule referred to as “the 1975 Act”) and the finding has become final;
(b)where a non-discrimination notice has been served on him under the 1975 Act and the notice has become final;
(c)if he is for the time being subject to the restraints of an injunction or order granted against him in proceedings under section 71 (persistent discrimination) or section 72(4) (enforcement of sections 38 to 40) of the 1975 Act;
(d)if, on an application under section 72(2)(a) of the 1975 Act, there has been a finding against him that a contravention of section 38, section 39 or section 40 of that Act has occurred and that finding has become final;
(e)where a finding of discrimination has been made against him in proceedings under section 57 of the M2Race Relations Act 1976 (in this Schedule referred to as “the 1976 Act”) and the finding has become final;
(f)where a non-discrimination notice has been served on him under the 1976 Act and the notice has become final;
(g)if he is for the time being subject to the restraints of an injunction or order granted against him in proceedings under section 62 (persistent discrimination) or section 63(4) (enforcement of sections 29 to 31) of the 1976 Act; or
(h)if, on an application under section 63(2)(a) of the 1976 Act, there has been a finding against him that a contravention of section 29, section 30 or section 31 of that Act has occurred and that finding has become final;
and the finding, notice, injunction or order related or relates to discrimination falling within Part III of the 1975 Act or the 1976 Act (discrimination in fields other than employment).]
[F1(1)A person commits discrimination for the purposes of section 3(1)(b) in the following cases only.
(2)The first case is where—
(a)the person has been found to have contravened a relevant equality provision, and
(b)no appeal against the finding is pending or can be brought.
(3)The second case is where—
(a)the person has been given an unlawful act notice under section 21 of the Equality Act 2006,
(b)the notice specifies a relevant equality provision as the provision by virtue of which the act in question is unlawful, and
(c)no appeal against the giving of the notice is pending or can be brought.
(4)The third case is where—
(a)the person is the subject of an injunction, interdict or order under section 24 of the Equality Act 2006 (unlawful acts), and
(b)the unlawful act in question is a contravention of a relevant equality provision.
(5)The relevant equality provisions are—
(a)Parts 3 and 4 of the Equality Act 2010 (services and premises) so far as relating to discrimination and victimisation, and
(b)section 112 of that Act (aiding contraventions) in relation to either of those Parts of that Act so far as relating to discrimination and victimisation.]
Textual Amendments
F1Sch. 1 para. 2 substituted (E.W.S.) (1.10.2010) by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 6(2) (as inserted (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 2 (see S.I. 2010/2317, art. 2))
Marginal Citations