Office of Public Sector Information
PART VIII continued
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 58 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
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F1S. 59 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
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F1S. 60 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 61 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
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F1S. 62 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 63 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
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F1S. 64 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 27, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
(1)With a view to helping a person (“the person aggrieved") who considers he may have been discriminated against [F1or subjected to harassment] in contravention of this Act to decide whether to institute proceedings and, if he does so, to formulate and present his case in the most effective manner, the [F2Minister] shall by order prescribe—
(a)forms by which the person aggrieved may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and
(b)forms by which the respondent may if he so wishes reply to any questions.
(2)Where the person aggrieved questions the respondent (whether in accordance with an order under subsection (1) or not)—
(a)the question, and any reply by the respondent (whether in accordance with such an order or not) shall, subject to the following provisions of this section, be admissible as evidence in the proceedings;
(b)if it appears to the court or tribunal that the respondent deliberately, and without reasonable excuse, omitted to reply within a reasonable period [F3or, where the question relates to discrimination on grounds of race or ethnic or national origins, or to harassment, the period of eight weeks beginning with the day on which the question was served on him] or that his reply is evasive or equivocal, the court or tribunal may draw any inference from that fact that it considers it just and equitable to draw, including an inference that he committed an unlawful act.
(3)The [F2Minister may by order—
(a)prescribe the period within which questions must be duly served in order to be admissible under subsection (2)(a); and
(b)prescribe the manner in which a question, and any reply by the respondent, may be duly served.
(4)Rules may enable the court entertaining a claim under section 57 to determine, before the date fixed for the hearing of the claim, whether a question or reply is admissible under this section or not.
[F4(4A)In section 19B proceedings, subsection (2)(b) does not apply in relation to a failure to reply, or a particular reply, if the conditions specified in subsection (4B) are satisfied.
(4B)Those conditions are that—
(a)at the time of doing any relevant act, the respondent was carrying out public investigator functions or was a public prosecutor; and
(b)he reasonably believes that a reply or (as the case may be) a different reply would be likely to prejudice any criminal investigation, any decision to institute criminal proceedings or any criminal proceedings or would reveal the reasons behind a decision not to institute, or a decision not to continue, criminal proceedings.
(4C)For the purposes of subsections (4A) and (4B)—
“public investigator functions" has the same meaning as in section 57;
“section 19B proceedings" means proceedings in respect of a claim under section 57 which has arisen by virtue of section 19B.]
(5)This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court, sheriff court or [F5employment tribunal], and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.
(6)In this section “respondent" includes a prospective respondent and “rules"—
(a)in relation to county court proceedings, means county court rules;
(b)in relation to sheriff court proceedings, means sheriff court rules.
[F6(7)This section does not apply in relation to any proceedings under—
(a)the Special Immigration Appeals Commission Act 1997; or
(b)[F7Part 5 of the Nationality, Immigration and Asylum Act 2002].]]
F1Words in s. 65(1) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 47(a)
F2Words in s. 65(1)(3) substituted (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 10(b)
F3Words in s. 65(2)(b) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 47(b)
F4S. 65(4A)-(4C) inserted (2.4.2001) by 2000 c. 34, s. 5(2) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F5Words in s. 65(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F6S. 65(7) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 10 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F7Words in s. 65(7)(b) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7, para. 14 (with s. 159); S.I. 2003/754, art. 2(1), Sch.
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F1S. 66 repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 28, Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
(1)For the purposes of this Act a “designated" county court is one designated for the time being for those purposes by an order made by the Lord Chancellor [F1with the concurrence of the Lord Chief Justice] .
(2)An order under subsection (1) designating any county court for the purposes of this Act shall assign to that court as its district for those purposes any county court district or two or more county court districts.
(3)A designated county court or a sheriff court shall have jurisdiction to entertain proceedings under this Act with respect to an act done on a ship, aircraft or hovercraft outside its district, including such an act done outside Great Britain.
[F2(3A)A designated county court or a sheriff court shall have jurisdiction to entertain proceedings under this Act with respect to an act done outside the United Kingdom where section 19B applies in relation to such an act by virtue of section 27(1A).]
(4)In any proceedings under this Act in a designated county court or a sheriff court the judge or sheriff shall, unless with the consent of the parties he sits without assessors, be assisted by two assessors appointed from a list of persons prepared and maintained by the [F3Minister], being persons appearing to the [F3Minister] to have special knowledge and experience of problems connected with relations between persons of different racial groups.
(5)The remuneration of assessors appointed under subsection (4) shall be at such rate as may, with the approval of [F4the Treasury], be determined by the Lord Chancellor (for proceedings in England and Wales) or the Lord President of the Court of Session (for proceedings in Scotland).
[F5(6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]
(6)Without prejudice to section 74(3), an order for the discontinuance of the jurisdiction of any county court under this Act, whether wholly or within a part of the district assigned to it for the purposes of this Act, may include provision with respect to any proceedings under this Act commenced in that court before the order comes into operation.
F1Words in s. 67(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 87(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
F2S. 67(3A) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 12 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F3Words in s. 67(4) substituted (12.10.2007) by The Transfer of Functions (Equality) Order 2007 (S.I. 2007/2914), art. 8, Sch. para. 10(c)
F4Words substituted by S.I. 1981/1670, arts. 2(2), 3(5)
F5S. 67(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 87(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)
(1)Rules may make provision for enabling a court in which relevant proceedings have been brought, where it considers it expedient in the interests of national security—
(a)to exclude from all or part of the proceedings—
(i)the claimant;
(ii)the claimant’s representatives; or
(iii)the assessors (if any) appointed by virtue of section 67(4);
(b)to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;
(c)to take steps to keep secret all or part of the reasons for its decision in the proceedings.
(2)The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, any proceedings from which [F2the claimant or his representatives] are excluded by virtue of subsection (1).
(3)A person appointed under subsection (2)—
(a)if appointed for the purposes of proceedings in England and Wales, must have a general qualification (within the meaning of section 71 of the M1Courts and Legal Services Act 1990); and
(b)if appointed for the purposes of proceedings in Scotland, must be—
(i)an advocate; or
[F3(ii)qualified to practice as a solicitor in Scotland.]]
(4)A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.
(5)In this section—
“relevant proceedings" means proceedings brought under this Act—
in England and Wales, in a designated county court; or
in Scotland, in a sheriff court; and
“rules" has the same meaning as in section 65.
F1S. 67A inserted (2.4.2001) by 2000 c. 34, s. 8 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F2Words in s. 67A(2) substituted (18.4.2006) by Equality Act 2006 (c. 3), s. 90(a) (with s. 92); S.I. 2006/1082, art. 2(j)
F3S. 67A(3)(b)(ii) substituted (18.4.2006) by Equality Act 2006 (c. 3), s. 90(b) (with s. 92); S.I. 2006/1082, art. 2(j)
M11990 c. 41.
(1)An [F1employment tribunal] shall not consider a complaint under section 54 unless it is presented to the tribunal before the end of [F2—
(a)the period of three months beginning when the act complained of was done; or
(b)in a case to which section 75(8) applies, the period of six months so beginning.]
(2)[F3Subject to subsection (2A)] a county court or a sheriff court shall not consider a claim under section 57 unless proceedings in respect of the claim are instituted before the end of—
(a)the period of six months beginning when the act complained of was done; F4. . .
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(2A)In relation to an immigration claim within the meaning of section 57A, the period of six months mentioned in subsection (2)(a) begins on the expiry of the period during which, by virtue of section 57A(1)(a), no proceedings may be brought under section 57(1) in respect of the claim.]
(3)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(3A)Where in England and Wales—
(a)proceedings or prospective proceedings by way of a claim under section 57 relate to the act or omission of a qualifying institution,
(b)the dispute concerned is referred as a complaint under the student complaints scheme before the end of the period of six months mentioned in subsection (2), and
(c)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the period allowed by subsection (2) for instituting proceedings in respect of the claim shall be extended by [F9three months.]
(3B)In subsection (3A)—
“qualifying institution” has the meaning given by section 11 of the Higher Education Act 2004;
“the student complaints scheme” means a scheme for the review of qualifying complaints, as defined by section 12 of that Act, that is provided by the designated operator, as defined by section 13(5)(b) of that Act.]
[F10(3C)The period allowed by subsection (2)(a) shall be extended by three months in the case of a dispute which is referred for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 (unless it is extended under subsection (3A)).]
(4)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)A court or tribunal may nevertheless consider any such [F12complaint or claim] which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
(7)For the purposes of this section—
(a)when the inclusion of any term in a contract renders the making of the contract an unlawful act, that act shall be treated as extending throughout the duration of the contract; and
(b)any act extending over a period shall be treated as done at the end of that period; and
(c)a deliberate omission shall be treated as done when the person in question decided upon it;
and in the absence of evidence establishing the contrary a person shall be taken for the purposes of this section to decide upon an omission when he does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
F1Words in s. 68(1)(4)(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2S. 68(1)(a)(b) substituted for words in s. 68(1) (1.10.1997) by 1996 c. 46, s. 23(4); S.I. 1997/2164, arts. 2, 3
F3Words s. 68(2) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 13 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F4S. 68(2)(b) and the word “or” immediately preceding it repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F5S. 68(2A) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 14 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F6S. 68(3) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 29(2), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
F7S. 68(3A)(3B) inserted (1.11.2004) by Higher Education Act 2004 (c. 8), s. 19(2); S.I. 2004/2781, art. 3
F8S. 68(3A)(c) repealed (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 29(3)(a), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
F9Words in s. 68(3A) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 29(3)(b) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
F10S. 68(3C) inserted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 29(4) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
F11S. 68(4)(5) repealed (1.10.2007) by by Equality Act 2006 (c. 3), ss. 40, 91, 93, Sch. 3 para. 29(5), Sch. 4 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
F12Words in s. 68(6) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 29(6) (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)
(1)Any finding by a court under section 19 or 20 of the M1Race Relations Act 1968, or by a court or [F1employment tribunal] under this Act, in respect of any act shall, if it has become final, be treated as conclusive in any proceedings under this Act.
(2)In any proceedings under this Act [F2or any enactment mentioned in section 19D(5)] a certificate signed by or on behalf of a Minister of the Crown and certifying—
(a)that any arrangements or conditions specified in the certificate were made, approved or imposed by a Minister of the Crown and were in operation at a time or throughout a period so specified; F3. . .
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be conclusive evidence of the matters certified.
(3)A document purporting to be a certificate such as is mentioned in subsection (2) shall be received in evidence and, unless the contrary is proved, shall be deemed to be such a certificate.
F1Words in s. 69(1) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F2Words in s. 69(2) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 15 (with s. 10(5)); S.I. 2001/566, art. 2
F3S. 69(2)(b) and the word “or”immediately preceding it repealed (2.4.2001) by 2000 c. 34, ss. 7(2), 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2
C1S. 69: certification function made exercisable by the Assembly concurrently with any Minister of the Crown by whom it is exercisable (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
M11968 c. 71.
Race Relations Act 1976