|
| |
|
| |
Nothing in this Part shall make it unlawful for a person to take into his home, |
| |
and treat in the same manner as a member of his family, a person who requires |
| |
a special degree of care and attention (whether by reason of being a child or an |
| |
elderly person or otherwise). |
| 5 |
| |
Nothing in this Part shall make unlawful anything which is done for, and |
| |
justified by, the purpose of safeguarding national security. |
| |
65 | Amendment of exceptions |
| |
(1) | The Secretary of State may by order amend this Part so as to— |
| 10 |
(a) | create an exception to a prohibition under this Part, |
| |
(b) | vary an exception to a prohibition under this Part, or |
| |
(c) | remove an exception to a prohibition under this Part. |
| |
(2) | Before making an order under subsection (1) the Secretary of State shall consult |
| |
the Commission for Equality and Human Rights. |
| 15 |
(3) | An order under subsection (1)— |
| |
(a) | may include transitional, incidental or consequential provision |
| |
(including provision amending an enactment (including an enactment |
| |
in or under an Act of the Scottish Parliament)), |
| |
(b) | shall be made by statutory instrument, and |
| 20 |
(c) | may not be made unless a draft has been laid before and approved by |
| |
resolution of each House of Parliament. |
| |
| |
66 | Restriction of proceedings |
| |
(1) | Except as provided by this Act, no proceedings, whether criminal or civil, may |
| 25 |
be brought against a person on the grounds that an act is unlawful by virtue of |
| |
| |
(2) | But subsection (1) does not prevent— |
| |
(a) | an application for judicial review, |
| |
(b) | proceedings under the Immigration Acts, |
| 30 |
(c) | proceedings under the Special Immigration Appeals Commission Act |
| |
| |
(d) | in Scotland, the exercise of the jurisdiction of the Court of Session to |
| |
entertain an application for reduction or suspension of an order or |
| |
determination or otherwise to consider the validity of an order or |
| 35 |
determination, or to require reasons for an order or determination to be |
| |
| |
67 | Claim of unlawful action |
| |
(1) | A claim that a person has done anything that is unlawful by virtue of this Part |
| |
may be brought in a county court (in England and Wales) or in the sheriff court |
| 40 |
|
| |
|
| |
|
(in Scotland) by way of proceedings in tort (or reparation) for breach of |
| |
| |
(2) | Proceedings in England and Wales alleging that any of the following bodies |
| |
has acted unlawfully by virtue of section 51 or 53 may not be brought unless |
| |
the claimant has given written notice to the Secretary of State; and those bodies |
| 5 |
| |
(a) | a local education authority, and |
| |
(b) | the responsible body of an educational establishment listed in the Table |
| |
| |
(3) | Proceedings in Scotland alleging that any of the following bodies has acted |
| 10 |
unlawfully by virtue of section 51 or 53 may not be brought unless the pursuer |
| |
has given written notice to the Scottish Ministers; and those bodies are— |
| |
(a) | an education authority, and |
| |
(b) | the responsible body of an educational establishment listed in the Table |
| |
| 15 |
(4) | In subsection (1) the reference to a claim that a person has done an unlawful act |
| |
includes a reference to a claim that a person is to be treated by virtue of this Part |
| |
as having done an unlawful act. |
| |
(5) | In proceedings under this section, if the claimant (or pursuer) proves facts from |
| |
which the court could conclude, in the absence of a reasonable alternative |
| 20 |
explanation, that an act which is unlawful by virtue of this Part has been |
| |
committed, the court shall assume that the act was unlawful unless the |
| |
respondent (or defender) proves that it was not. |
| |
| |
(1) | Proceedings may not be brought under section 67 alleging that a person has |
| 25 |
acted unlawfully by virtue of section 54 if the question of the lawfulness of the |
| |
act could be raised (and has not been raised) in immigration proceedings |
| |
(disregarding the possibility of proceedings brought out of time with |
| |
| |
(2) | If in immigration proceedings a court or tribunal has found that an act was |
| 30 |
unlawful by virtue of section 54, a court hearing proceedings under section 67 |
| |
shall accept that finding. |
| |
(3) | In this section “immigration proceedings” means proceedings under or by |
| |
| |
(a) | the Immigration Acts, or |
| 35 |
(b) | the Special Immigration Appeals Commission Act 1997 (c. 68). |
| |
| |
(1) | This section applies to proceedings under section 67. |
| |
(2) | A court may, in addition to any remedy available to it in proceedings for tort, |
| |
grant any remedy that the High Court could grant in proceedings for judicial |
| 40 |
| |
(3) | A court may not award damages in proceedings in respect of an act that is |
| |
unlawful by virtue of section 46(3) if the respondent proves that there was no |
| |
intention to treat the claimant unfavourably on grounds of religion or belief. |
| |
|
| |
|
| |
|
(4) | A court may award damages by way of compensation for injury to feelings |
| |
(whether or not other damages are also awarded). |
| |
(5) | In this application of this section to proceedings in Scotland— |
| |
(a) | a reference to the High Court shall be taken as a reference to the Court |
| |
| 5 |
(b) | a reference to tort shall be taken as a reference to reparation, |
| |
(c) | a reference to the respondent shall be taken as a reference to the |
| |
| |
(d) | a reference to the claimant shall be taken as a reference to the pursuer. |
| |
(6) | This section is subject to section 54(5). |
| 10 |
| |
(1) | Proceedings under section 67 may be brought only— |
| |
(a) | within the period of six months beginning with the date of the act (or |
| |
last act) to which the proceedings relate, or |
| |
(b) | with the permission of the court in which the proceedings are brought. |
| 15 |
(2) | In relation to immigration proceedings within the meaning of section 68, the |
| |
period specified in subsection (1)(a) above shall begin with the first date on |
| |
which proceedings under section 67 may be brought. |
| |
| |
| 20 |
(a) | a reference to a claimant is a reference to a person who has brought |
| |
proceedings under this Part, |
| |
(b) | a reference to a potential claimant is a reference to a person who— |
| |
(i) | thinks he may have been the subject of an act that is unlawful by |
| |
| 25 |
(ii) | wishes to consider whether to bring proceedings under this |
| |
| |
(c) | a person questioned by a potential claimant for the purpose of |
| |
considering whether to bring proceedings is referred to as a potential |
| |
| 30 |
(2) | The Secretary of State shall by order prescribe— |
| |
(a) | forms by which a claimant or potential claimant may question the |
| |
respondent or a potential respondent about the reasons for an action or |
| |
about any matter that is or may be relevant, and |
| |
(b) | forms by which a respondent or potential respondent may reply (if he |
| 35 |
| |
(3) | A claimant’s or potential claimant’s questions, and a respondent or potential |
| |
respondent’s replies, (in each case whether or not put by a prescribed form) |
| |
shall be admissible as evidence in proceedings in respect of the act to which the |
| |
questions relate if (and only if) the questions are put— |
| 40 |
(a) | within the period of six months beginning with the date of the act (or |
| |
last act) to which they relate, and |
| |
(b) | in such manner as the Secretary of State may prescribe by order. |
| |
(4) | A court may draw an inference from— |
| |
|
| |
|
| |
|
(a) | a failure to reply to a claimant’s or potential claimant’s questions |
| |
(whether or not put by a prescribed form) within the period of eight |
| |
weeks beginning with the date of receipt, or |
| |
(b) | an evasive or equivocal reply to a claimant’s or potential claimant’s |
| |
questions (whether or not put by a prescribed form). |
| 5 |
(5) | The Lord Chancellor may by order amend subsection (3)(a) so as to substitute |
| |
a new period for that specified. |
| |
(6) | In the application of this section to Scotland— |
| |
(a) | a reference to a claimant or potential claimant shall be taken as a |
| |
reference to a pursuer or potential pursuer, and |
| 10 |
(b) | a reference to a respondent or potential respondent shall be taken as a |
| |
reference to a defender or potential defender. |
| |
(7) | An order under this section— |
| |
(a) | shall be made by statutory instrument, and |
| |
(b) | shall be subject to annulment in pursuance of a resolution of either |
| 15 |
| |
(8) | This section is subject to section 54(6). |
| |
| |
(1) | Rules of court may make provision for enabling a county court or sheriff court |
| |
in which a claim is brought under section 67, where the court considers it |
| 20 |
expedient in the interests of national security— |
| |
(a) | to exclude from all or part of the proceedings— |
| |
| |
(ii) | the claimant’s representatives; |
| |
| 25 |
(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 the court’s |
| |
decision in the proceedings. |
| 30 |
(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, |
| |
proceedings from which the claimant or his representatives are excluded by |
| |
virtue of subsection (1). |
| |
(3) | A person may be appointed under subsection (2) only— |
| 35 |
(a) | in relation to proceedings in England and Wales, if he has a general |
| |
qualification (within the meaning of section 71 of the Courts and Legal |
| |
Services Act 1990 (c. 41)), or |
| |
(b) | in relation to proceedings in Scotland, if he is— |
| |
| 40 |
(ii) | a solicitor who by virtue of section 25A of the Solicitors |
| |
(Scotland) Act 1980 (c. 46) has rights of audience in the Court of |
| |
Session or the High Court of Justiciary. |
| |
(4) | A person appointed under subsection (2) shall not be responsible to the person |
| |
whose interests he is appointed to represent. |
| 45 |
|
| |
|