Equality Act 2006
2006 CHAPTER 3
Commentary on Sections
Part 1: The Commission for Equality and Human Rights
Section 26: Section 25: supplemental
93.Section 26 sets out the procedural rules governing the exercise of the CEHR’s powers in relation to unlawful advertising, and instructions or pressure to discriminate under section 25.
94.Subsection (1) provides that the CEHR can only make an application to a court or tribunal under section 25(3) for a determination that an act covered by section 25 has taken place:
within six months of the alleged unlawful act; or
with the permission of the employment tribunal or court if after that six month time limit.
95.Subsection (2) prevents the CEHR, when applying for an injunction under section 25(5) or (6), from relying on the ruling of a court or tribunal under section 25(4) if there is an appeal pending against that ruling, or if it would still be possible for an appeal to be brought within the normal time limits.
96.Subsection (3) provides that the CEHR can only apply to a county court for an injunction or to the sheriff in Scotland for an interdict under section 25(5) or (6) restraining a person from doing an act covered by section 25:
within five years of the date on which the act last occurred; or
with the permission of the court (or sheriff in Scotland) if after that five year time limit.
- Previous
- Explanatory Notes Table of contents
- Next
