Employment Tribunals Act 1996

• (2) In Schedule 1, in Part II, in the entry relating to the office of chairman of employment tribunals, for “section 128 of the Employment Protection (Consolidation) Act 1978" substitute “ section 1(1) of the Employment Tribunals Act 1996 ”.

• (3) In Schedule 5—

• (a) in the entry relating to the office of chairman of employment tribunals, for “section 128 of the Employment Protection (Consolidation) Act 1978" substitute “ section 1(1) of the Employment Tribunals Act 1996 ”, and

• (b) in the entry relating to the office of member of the Employment Appeal Tribunal, for “section 135(2)(c) of the Employment Protection (Consolidation) Act 1978" substitute “ section 22(1)(c) of the Employment Tribunals Act 1996 ”.

• (4) In paragraph 5 of Schedule 7—

• (a) in sub-paragraphs (2)(g) and (5)(vii), for “section 128 of the Employment Protection (Consolidation) Act 1978" substitute “ section 1(1) of the EmploymentTribunals Act 1996 ”, and

• (b) in sub-paragraph (7), for “section 135(2)(c) of the Employment Protection (Consolidation) Act 1978" substitute “ section 22(1)(c) of the Employment Tribunals Act 1996 ”.

The Pension Schemes Act 1993 (c. 48)

11

In section 181(1) of the Pension Schemes Act 1993, in the definition of “ employment tribunal", for “section 128 of the Employment Protection (Consolidation) Act 1978" substitute “ section 1(1) of the Employment Tribunals Act 1996 ”.

The Disability Discrimination Act 1995 (c. 50)

12

• (1) The Disability Discrimination Act 1995 is amended as follows.

• (2) In section 8(7), for “paragraph 6A of Schedule 9 to the Employment Protection (Consolidation) Act 1978" substitute “ section 14 of the Employment Tribunals Act 1996 ”.

• (3) In section 9(2)(a), for “paragraph 1 of Schedule 3" substitute “ section 18 of the Employment Tribunals Act 1996 ”.

SCHEDULE 2

Part I — Transitional provisions and savings

1

The substitution of this Act for the provisions repealed or revoked by this Act does not affect the continuity of the law.

2

Anything done, or having effect as done, (including the making of subordinate legislation) under or for the purposes of any provision repealed or revoked by this Act has effect as if done under or for the purposes of any corresponding provision of this Act.

3

Any reference (express or implied) in this Act or any other enactment, or in any instrument or document, to a provision of this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes before the commencement of this Act a reference to the corresponding provision repealed or revoked by this Act.

4

• (1) Any reference (express or implied) in any enactment, or in any instrument or document, to a provision repealed or revoked by this Act is (so far as the context permits) to be read as (according to the context) being or including in relation to times, circumstances and purposes after the commencement of this Act a reference to the corresponding provision of this Act.

• (2) In particular, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.

5

Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act).

6

The repeal by this Act of section 130 of, and Schedule 10 to, the Employment Protection (Consolidation) Act 1978 (jurisdiction of referees under specified provisions to be exercised by employment tribunals) does not affect—

• (a) the operation of those provisions in relation to any question which may arise after the commencement of this Act, or

• (b) the continued operation of those provisions after the commencement of this Act in relation to any question which has arisen before that commencement.

Part II — Transitory provisions

Disability discrimination

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jobseeker’s allowance

8

• (1) If paragraph 2 of Schedule 2 to the Jobseekers Act 1995 has not come into force before the commencement of this Act, this Act shall have effect until the relevant commencement date as if a reference to unemployment benefit were substituted for—

• (a) each of the references to jobseeker’s allowance in subsections (3) and (4) of section 16,

• (b) the second reference to jobseeker’s allowance in subsection (5) of that section,

• (c) the first reference to jobseeker’s allowance in subsection (1) of section 17, and

• (d) the reference to jobseeker’s allowance in subsection (2) of that section.

• (2) The reference in sub-paragraph (1) to the relevant commencement date is a reference—

• (a) if an order has been made before the commencement of this Act appointing a day after that commencement as the day on which paragraph 2 of Schedule 2 to the Jobseekers Act 1995 is to come into force, to the day so appointed, and

• (b) otherwise, to such day as the Secretary of State may by order appoint.

Armed forces

9

• (1) If section 31 of the Trade Union Reform and Employment Rights Act 1993 has not come into force before the commencement of this Act, section 38 shall have effect until the relevant commencement date as if for subsection (4) there were substituted—

(4) Subsection (1)— (a) does not apply to service as a member of the naval, military or air forces of the Crown, but (b) does apply to employment by an association established for the purposes of Part XI of the Reserve Forces Act 1996.

• (2) The reference in sub-paragraph (1) to the relevant commencement date is a reference—

• (a) if an order has been made before the commencement of this Act appointing a day after that commencement as the day on which section 31 of the Trade Union Reform and Employment Rights Act 1993 is to come into force, to the day so appointed, and

• (b) otherwise, to such day as the Secretary of State may by order appoint.

10

• (1) If Part XI of the Reserve Forces Act 1996 has not come into force before the commencement of this Act, section 38 of this Act shall have effect until the relevant commencement date as if for “Part XI of the Reserve Forces Act 1996" there were substituted “ Part VI of the Reserve Forces Act 1980 ”.

• (2) The reference in sub-paragraph (1) to the relevant commencement date is a reference—

• (a) if an order has been made before the commencement of this Act appointing a day after that commencement as the day on which Part XI of the Reserve Forces Act 1996 is to come into force, to the day so appointed, and

• (b) otherwise, to such day as the Secretary of State may by order appoint.

SCHEDULE 3

Part I — Repeals

Part II — Revocations

Enactments conferring jurisdiction on employment tribunals.

3A

A person who is a member of a panel of Employment Judges which is appointed in accordance with regulations under section 1(1) may be referred to as an Employment Judge.

5A

The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of members of panels of members of employment tribunals (in their capacities as members of such panels, whether or not panels of Employment Judges ).

Remuneration, fees and allowances.

5B

• (1) Any power by which the President of the Employment Tribunals (England and Wales) may be removed from that office may be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

• (2) Any power by which the President of the Employment Tribunals (Scotland) may be removed from that office may be exercised only with the concurrence of the Lord President of the Court of Session.

• (3) Any power by which a member of a panel may be removed from membership of the panel—

• (a) may, if the person exercises functions wholly or mainly in Scotland, be exercised only with the concurrence of the Lord President of the Court of Session;

• (b) may, if paragraph (a) does not apply, be exercised only with the concurrence of the Lord Chief Justice of England and Wales.

• (4) In subsection (3) “panel” means—

• (a) a panel of Employment Judges , or

• (b) any other panel of members of employment tribunals,

which is appointed in accordance with regulations made under section 1(1).

• (5) The Lord Chief Justice of England and Wales 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) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

Members of employment tribunals: removal from office

5C

• (1) Subsection (2) applies to a person (“the appointee”)—

• (a) who is appointed—

• (i) as President of the Employment Tribunals (England and Wales),

• (ii) as President of the Employment Tribunals (Scotland), or

• (iii) as a member of a panel (as defined in section 5B(4)), and

• (b) who has not previously taken the required oaths after accepting another office.

• (2) The appointee must take the required oaths before—

• (a) the Senior President of Tribunals, or

• (b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

• (3) If the appointee is a President or panel member appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

• (4) A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him—

• (a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

• (b) he holds judicial office (as defined in section 109(4) of that Act);

• (c) he holds (in Scotland) the office of sheriff.

• (5) In this section “the required oaths” means—

• (a) the oath of allegiance, and

• (b) the judicial oath,

as set out in the Promissory Oaths Act 1868.

5D

• (1) Subsection (2) applies where regulations under section 1(1) make provision for a relevant tribunal judge, or a relevant judge, to be able by virtue of his office to act as a member of a panel of members of employment tribunals.

• (2) The provision has effect only if—

• (a) the persons in relation to whom the provision operates have to be persons nominated for the purposes of the provision by the Senior President of Tribunals,

• (b) its operation in relation to a panel established for England and Wales in any particular case requires the consent of the President of Employment Tribunals (England and Wales),

• (c) its operation in relation to a panel established for Scotland in any particular case requires the consent of the President of Employment Tribunals (Scotland),

• (d) its operation as respects a particular relevant judge requires—

• (i) the consent of the relevant judge, and

• (ii) the appropriate consent (see subsection (3)) except where the relevant judge is the Lord Chief Justice of England and Wales , and

• (e) it operates as respects a relevant tribunal judge or a relevant judge only for the purpose of enabling him to act as a member of a panel of Employment Judges .

• (3) In subsection (2)(d)(ii) “the appropriate consent” means—

• (a) the consent of the Lord Chief Justice of England and Wales where the relevant judge is—

• (i) the Master of the Rolls or an ordinary judge of the Court of Appeal in England and Wales,

• (ia) within subsection (4)(b)(ia),

• (ii) a puisne judge of the High Court in England and Wales,

• (iii) a circuit judge,

• (iv) a district judge in England and Wales,...

• (v) a District Judge (Magistrates' Courts);, or

• (vi) within subsection (4)(b)(x) to (xvi);

• (b) the consent of the Lord President of the Court of Session where the relevant judge is—

• (i) a judge of the Court of Session, or

• (ii) a sheriff;

• (c) the consent of the Lord Chief Justice of Northern Ireland where the relevant judge is—

• (i) a Lord Justice of Appeal in Northern Ireland,

• (ii) a puisne judge of the High Court in Northern Ireland,

• (iii) a county court judge in Northern Ireland, or

• (iv) a district judge in Northern Ireland.

• (4) In this section—

• (a) “relevant tribunal judge” means—

• (i) a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

• (ii) a transferred-in judge of the First-tier Tribunal,

• (iii) a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act,

• (iv) a transferred-in judge of the Upper Tribunal,

• (v) a deputy judge of the Upper Tribunal, ...

• (vi) a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v);, or

• (vii) is the Senior President of Tribunals;

• (b) “relevant judge” means a person who—

• (i) is the Lord Chief Justice of England and Wales, the Master of the Rolls or an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),

• (ia) is the President of the Queen's Bench Division or Family Division, or the Chancellor, of the High Court in England and Wales,

• (ii) is a Lord Justice of Appeal in Northern Ireland,

• (iii) is a judge of the Court of Session,

• (iv) is a puisne judge of the High Court in England and Wales or Northern Ireland,

• (v) is a circuit judge,

• (vi) is a sheriff in Scotland,

• (vii) is a county court judge in Northern Ireland,

• (viii) is a district judge in England and Wales or Northern Ireland, ...

• (ix) is a District Judge (Magistrates' Courts).

• (x) is a deputy judge of the High Court in England and Wales,

• (xi) is a Recorder,

• (xii) is a Deputy District Judge (Magistrates' Courts),

• (xiii) is a deputy district judge appointed under section 8 of the County Courts Act 1984 or section 102 of the Senior Courts Act 1981,

• (xiv) holds an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc),

• (xv) holds an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc), or

• (xvi) is the Judge Advocate General or a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

• (5) References in subsection (4)(b)(iii) to (ix) to office-holders do not include deputies or temporary office-holders.

Employment tribunal procedure regulations.

7A

• (A1) The Senior President of Tribunals may make directions about the practice and procedure of employment tribunals.

• (1) The territorial President may make directions about the practice and procedure of employment tribunals.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) The powers under subsections (A1) and (1) include—

• (a) power to vary or revoke directions made in exercise of the power, and

• (b) power to make different provision for different purposes (including different provision for different areas).

• (2B) Directions under subsection (A1) may not be made without the approval of the Lord Chancellor.

• (2C) Directions under subsection (1) may not be made without the approval of—

• (a) the Senior President of Tribunals, and

• (b) the Lord Chancellor.

• (2D) Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

• (a) the application or interpretation of the law;

• (b) the making of decisions by members of an employment tribunal.

• (2E) Subsections (2B) and (2C)(b) do not apply to directions to the extent that they consist of criteria for determining which members of employment tribunals may be selected to decide particular categories of matter; but the directions may, to that extent, be made only after consulting the Lord Chancellor.

• (3) In this section, references to the territorial President are to a person appointed in accordance with regulations under section 1(1) as—

• (a) President of the Employment Tribunals (England and Wales), or

• (b) President of the Employment Tribunals (Scotland).

7B

• (A1) A person exercising power to make Procedure Rules or give practice directions must, when making provision in relation to mediation, have regard to the following principles—

• (a) mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;

• (b) where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.

• (1) Practice directions under section 7A may provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.

• (2) The provision that may be made by virtue of subsection (1) includes provision for ... a member to act as mediator in relation to disputed matters in a case even though the member has been selected to decide matters in the case.

• (3) Once a member has begun to act as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.

• (4) Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act as mediators in relation to disputed matters in a case that is the subject of proceedings.

• (5) Before making a practice direction that makes provision in relation to mediation, the person making the direction must consult ACAS .

• (6) In this section—

• “member” means a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges );

• “practice direction” means a direction under section 7A;

• “proceedings” means proceedings before an employment tribunal.

Employment tribunal procedure regulations.

10A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10B

• (1) This section applies where a tribunal has been directed under section 10(5) or has determined under section 10(6)—

• (a) to take steps to conceal the identity of a particular witness, or

• (b) to take steps to keep secret all or part of the reasons for its decision.

• (2) It is an offence to publish—

• (a) anything likely to lead to the identification of the witness, or

• (b) the reasons for the tribunal’s decision or the part of its reasons which it is directed or has determined to keep secret.

• (3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (4) Where a person is charged with an offence under this section it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication in question was of, or included, the matter in question.

• (5) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) a director, manager, secretary or other similar officer of the body corporate, or

• (b) a person purporting to act in any such capacity,

he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

• (6) A reference in this section to publication includes a reference to inclusion in a programme which is included in a programme service, within the meaning of the Broadcasting Act 1990.

13A

• (1) Procedure Rules may include provision for authorising an employment tribunal to order a party to proceedings before it to make a payment to any other party in respect of time spent in preparing that other party’s case.

• (2) Procedure Rules may, in particular, include provision authorising an employment tribunal to have regard to a person’s ability to pay when considering the making of an order against him as described in subsection (1).

• (2A) If Procedure Rules include provision of the kind mentioned in subsection (1), Procedure Rules must also include provision for requiring an employment tribunal, in any proceedings in which a late postponement application has been granted, to consider whether to make an order of the kind mentioned in subsection (1) against the party who made the application in respect of any time spent in connection with the postponement, except in circumstances specified in the Rules.

• (2B) For the purposes of subsection (2A)—

• (a) a late postponement application is an application for the postponement of a hearing in the proceedings which is made after a time determined in accordance with Procedure Rules (whether before or after the hearing has begun), and

• (b) “postponement” includes adjournment.

• (3) If Procedure Rules include—

• (a) provision of the kind mentioned in subsection (1), and

• (b) provision for the award of costs or expenses,

they shall also , subject to subsection (4), include provision to prevent an employment tribunal exercising its powers under both kinds of provision in favour of the same person in the same proceedings.

• (4) Subsection (3) does not require Procedure Rules to include provision to prevent an employment tribunal from making—

• (a) an order of the kind mentioned in subsection (1), and

• (b) an award of costs or expenses that is limited to witnesses' expenses.

19A

• (1) Subsections (3) to (6) apply if—

• (a) a conciliation officer—

• (i) has taken action under any of sections 18A to 18C in a case, and

• (ii) issues a certificate in writing stating that a settlement has been reached in the case, and

• (b) all of the terms of the settlement are set out—

• (i) in a single relevant document, or

• (ii) in a combination of two or more relevant documents.

• (2) A document is a “relevant document” for the purposes of subsection (1) if—

• (a) it is the certificate, or

• (b) it is a document that is referred to in the certificate or that is referred to in a document that is within this paragraph.

• (3) Any sum payable by a person under the terms of the settlement (a “ settlement sum”) shall, subject to subsections (4) to (7), be recoverable—

• (a) in England and Wales, by execution issued from the county court or otherwise as if the sum were payable under an order of that court;

• (b) in Scotland, by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

• (4) A settlement sum is not recoverable under subsection (3) if—

• (a) the person by whom it is payable applies for a declaration that the sum would not be recoverable from him under the general law of contract, and

• (b) that declaration is made.

• (5) If rules of court so provide, a settlement sum is not recoverable under subsection (3) during the period—

• (a) beginning with the issue of the certificate, and

• (b) ending at such time as may be specified in, or determined under, rules of court.

• (6) If the terms of the settlement provide for the person to whom a settlement sum is payable to do anything in addition to discontinuing or not starting proceedings, that sum is recoverable by him under subsection (3)—

• (a) in England and Wales, only if the county court so orders;

• (b) in Scotland, only if the sheriff so orders.

• (7) Once an application has been made for a declaration under subsection (4) in relation to a sum, no further reliance may be placed on subsection (3) for the recovery of the sum while the application is pending.

• (8) An application for a declaration under subsection (4) may be made to an employment tribunal, the county court or the sheriff.

• (9) Procedure Rules may (in particular) make provision as to the time within which an application to an employment tribunal for a declaration under subsection (4) is to be made.

• (10) Rules of court may make provision as to—

• (a) the time within which an application to the county court for a declaration under subsection (4) is to be made;

• (b) the time within which an application to the sheriff for a declaration under subsection (4) is to be made;

• (c) when an application (whether made to the county court, the sheriff or an employment tribunal) for a declaration under subsection (4) is pending for the purposes of subsection (7).

• (10A) A term of any document which is a relevant document for the purposes of subsection (1) is void to the extent that it purports to prevent the disclosure of any provision of any such document to a person appointed or authorised to act under section 37M.

• (11) Nothing in this section shall be taken to prejudice any rights or remedies that a person has apart from this section.

• (12) In this section “ settlement ” (except in the phrase “ settlement sum”) means a settlement ... to avoid proceedings or bring proceedings to an end.

Conciliation before institution of proceedings: other ACAS duties

24A

The Senior President of Tribunals is responsible, within the resources made available by the Lord Chancellor, for the maintenance of appropriate arrangements for the training, guidance and welfare of judges, and other members, of the Appeal Tribunal (in their capacities as members of the Appeal Tribunal).

24B

• (1) Subsection (2) applies to a person (“the appointee”)—

• (a) who is appointed under section 22(1)(c) or 23(3), or

• (b) who is appointed under section 24(1A) and—

• (i) falls when appointed within paragraph (a), but not paragraph (b), of section 24(2), and

• (ii) has not previously taken the required oaths after accepting another office.

• (2) The appointee must take the required oaths before—

• (a) the Senior President of Tribunals, or

• (b) an eligible person who is nominated by the Senior President of Tribunals for the purpose of taking the oaths from the appointee.

• (3) If the appointee is a member of the Appeal Tribunal appointed before the coming into force of this section, the requirement in subsection (2) applies in relation to the appointee from the coming into force of this section.

• (4) A person is eligible for the purposes of subsection (2)(b) if one or more of the following paragraphs applies to him—

• (a) he holds high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005);

• (b) he holds judicial office (as defined in section 109(4) of that Act);

• (c) he holds (in Scotland) the office of sheriff.

• (5) In this section “the required oaths” means—

• (a) the oath of allegiance, and

• (b) the judicial oath,

as set out in the Promissory Oaths Act 1868.

29A

• (1) Directions about the practice and procedure of the Appeal Tribunal may be given—

• (a) by the Senior President of Tribunals, or

• (b) by the President of the Appeal Tribunal.

• (2) A power under subsection (1) includes—

• (a) power to vary or revoke directions given in exercise of the power, and

• (b) power to make different provision for different purposes.

• (3) Directions under subsection (1)(a) may not be given without the approval of the Lord Chancellor.

• (4) Directions under subsection (1)(b) may not be given without the approval of—

• (a) the Senior President of Tribunals, and

• (b) the Lord Chancellor.

• (5) Subsection (1) does not prejudice any power apart from that subsection to give directions about the practice or procedure of the Appeal Tribunal.

• (6) Directions may not be given in exercise of any such power as is mentioned in subsection (5) without the approval of—

• (a) the Senior President of Tribunals, and

• (b) the Lord Chancellor.

• (7) Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of guidance about any of the following—

• (a) the application or interpretation of the law;

• (b) the making of decisions by members of the Appeal Tribunal.

• (8) Subsections (3), (4)(b) and (6)(b) do not apply to directions to the extent that they consist of criteria for determining which members of the Appeal Tribunal may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Lord Chancellor.

• (9) Subsections (4) and (6) do not apply to directions given in a particular case for the purposes of that case only.

• (10) Subsection (6) does not apply to directions under section 28(1).

The Transport Act 1968 (c.73)

The Transport Holding Company Act 1972 (c.14)

The Sex Discrimination Act 1975 (c.65)

The Race Relations Act 1976 (c.74)

The Aircraft and Shipbuilding Industries Act 1977 (c.3)

The Judicial Pensions Act 1981 (c.20)

The Social Security Administration Act 1992 (c.5)

The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52)

The Tribunals and Inquiries Act 1992 (c.53)

The Judicial Pensions and Retirement Act 1993 (c.8)

The Pension Schemes Act 1993 (c.48)

The Disability Discrimination Act 1995 (c.50)

TABLE OF DERIVATIONS

Notes:

1

This Table shows the derivation of the provisions of the consolidation.

2

The following abbreviations are used in the Table—

Editorial notes

[^c19000791]: Words in long title substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2); S.I. 1998/1658, art. 2(1), Sch. 1

[^c19000801]: Act excluded (2.3.1998) by S.I. 1998/218, art. 6 Act excluded (1.9.1999) by S.I. 1999/2256, art. 6(1)

[^c19496591]: Act excluded (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 6(1) Act excluded (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 6(1)

[^c19000831]: Words in s. 1(1) and sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c19000851]: 1978 c. 44.

[^c19000861]: Words in s. 1(2) repealed (1.8.1998) by 1998 c. 8, s. 15, Sch. 2; S.I. 1998/1658, art. 2(1), Sch. 1

[^c19000871]: Words in s. 2 and sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c19000891]: Words in s.3(1)(4) and sidenote substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c19000901]: S. 3: functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2(1), 3, Sch. (with art. 7) S. 3: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1(2), 2 Sch. 1; S.I. 1998/3178, art. 3

[^c19001861]: Words in s. 5(1)(a)(b)(2)(a)(b)(3) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b)(d)(e) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c19001881]: Word in s. 5(1)(b) repealed (1.8.1998) by 1998 c. 8, s. 15, Sch. 2; S.I. 1998/1658, art. 2(1), Sch. 1

[^c19523881]: S. 5(1)(c) substituted (1.12.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 39; S.I. 2007/ 2709, {art. 4}

[^c19001901]: S. 5(1)(d) and word “and" immediately preceding inserted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 13; S.I. 1998/1658, art. 2(1), Sch. 1

[^c19523861]: S. 3A inserted (1.12.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 36; S.I. 2007/2709, art. 4

[^c19528781]: Ss. 5A-5D inserted (3.11.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 40; S.I. 2008/2696, art. 5(c)(i) (with art. 3)

[^c19001971]: Words in s. 6 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c19001981]: Words in s. 6(2) substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 62 (with s. 81(2)); S.I. 1996/3146, art. 3 (with Sch. 2)

[^c19002301]: S. 7 extended (24.4.2000) by 1992 c. 52, s. 239(4)(b) (as inserted (24.4.2000) by 1999 c. 26, s. 16, Sch. 5 para. 4; S.I. 2000/875, art. 2 (subject to transitional provision in art. 3))

[^c19002591]: Words in s. 8(1)(2) 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

[^c19002751]: S. 9 extended (24.4.2000) by 1992 c. 52, s. 239(4)(c) (as inserted (24.4.2000) by 1999 c. 26, s. 16, Sch. 5 para. 4; S.I. 2000/875, art. 2 (subject to transitional provision in art. 3))

[^c19027241]: Ss. 10, 10A, 10B substituted (16.7.2001) for s. 10 by 1999 c. 26, ss. 41, 45, Sch. 8 para. 3; S.I. 2001/1187, art. 3(b), Sch. (as amended by S.I. 2001/1461, art. 2(2))

[^c19527381]: S. 10(1)(a) substituted (1.10.2004) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59, Sch. 1 para. 24; S.I. 2004/2566, art. 3(b) (subject to arts. 4-8)

[^c19528541]: S. 10(6) substituted (31.12.2004) by Employment Relations Act 2004 (c. 24), ss. 36, 59; S.I. 2004/3342, art. 4(a) (subject to arts. 5-12)

[^c19003011]: Ss. 10, 10A, 10B substituted (16.7.2001) for s. 10 by 1999 c. 26, ss. 41, 45, Sch. 8 para. 3; S.I. 2001/1187, art. 3(b), Sch. (as amended by S.I. 2001/1461, art. 2(2))

[^c19003021]: 1990 c. 42.

[^c19003081]: Words in s. 11(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

[^c19003101]: 1992 c. 34.

[^c19003111]: 1976 c. 82.

[^c19003121]: 1995 c. 46.

[^c19003131]: 1956 c. 69.

[^c19003141]: 1995 c. 39.

[^c19003181]: S. 12 wholly in force at 22.8.1996 with effect as mentioned in Sch. 2 Pt. II para. 7(1)(2) and S.I. 1996/3150, art. 2

[^c19003201]: Words in s. 12(1)(2) 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

[^c19003231]: 1990 c. 42.

[^c19003341]: S. 13(1)-(1C) substituted (9.7.2004) for s. 13(1) by 2002 c. 22, ss. 22(1), 55(2); S.I. 2004/1717, art. 2(1)

[^c19003351]: 1996 c. 18.

[^c19003361]: Words in s. 13(2)(a)(c) repealed (15.12.1999) by 1999 c. 26, ss. 9, 44, Sch. 4 Pt. III para. 4(a), Sch. 9(2); S.I. 1999/2830, art. 2, Sch. 1 Pt. II, Sch. 2 Pt. II

[^c19003371]: S. 13(2)(b) repealed (15.12.1999) by 1999 c. 26, ss. 9, 44, Sch. 4 Pt. III para. 4, Sch. 9(2); S.I. 1999/2830, art. 2, Sch. 1 Pt. II, Sch. 2 Pt. II

[^c19003421]: Words in s. 14(1)(3)(e) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c19003441]: 1838 c. 110.

[^c19003451]: Words in s. 15 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

[^c19002581]: S. 7A inserted (9.7.2004) by 2002 c. 22, ss. 27, 55(2); S.I. 2004/1717, art. 2(1)

[^c19003401]: S. 13A inserted (9.7.2004) by 2002 c. 22, ss. 22(2), 55(2); S.I. 2004/1717, art. 2(1)

[^c19528931]: S. 7B inserted (1.10.2013) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 42; S.I. 2013/2200, art. 3(g)

[^c19003571]: Words in s. 16(1)(3)(c)(5)(a)(e) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c19003581]: 1992 c. 52.

[^c19003591]: 1996 c. 18.

[^c19003631]: Words in s. 16(5)(a) repealed (18.10.1999 and 29.11.1999 for certain purposes and otherwise prosp.) by 1998 c. 14, s. 86(1)(2), Sch. 7 para. 147(a), Sch. 8; S.I. 1999/2860, art. 2 (subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)

[^c19003641]: S. 16(5)(cc)(d) substituted for s. 16(5)(d) (18.10.1999 and 29.11.1999 for certain purposes and otherwise prosp.) by 1998 c. 14, s. 86(1), Sch. 7 para. 147(b); S.I. 1999/2860, art. 2 (subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)

[^c19003671]: 1992 c. 5.

[^c19003681]: 1995 c. 18.

[^c19498731]: S. 18 applied (6.4.2006 with application as mentioned in reg. 21(1) of the applying S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 16(1) (with reg. 21(5)) S. 18 applied (6.4.2006 with application as mentioned in reg. 21(1) of the applying S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 12(7)

[^c19005911]: Words in s. 18 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

[^c19537631]: Words in s. 18(8) inserted (1.12.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148, Sch. 8 para. 38; S.I. 2007/2709, art. 4

[^c19006301]: S. 19 renumbered (9.7.2004) as s. 19(1) by 2002 c. 22, ss. 24(4), 55(2); S.I. 2004/1717, art. 2(1)

[^c19006311]: Words in s. 19 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

[^c19524161]: Word in s. 19(a) inserted (1.10.2004) by Employment Act 2002 (c. 22), ss. 53, 55(2), Sch. 7 para. 23(3); S.I. 2004/2185, art. 2

[^c19006381]: S. 19(c) and word immediately before it repealed (6.4.2003) by 2002 c. 22, ss. 24(3), 54, Sch. 8; S.I. 2002/2866, art. 2(4)(5), Sch. 2 Pt. 2

[^c19006351]: S. 19(2) inserted (9.7.2004) by 2002 c. 22, ss. 24(4), 55(2); S.I. 2004/1717, art. 2(1)

[^c19539751]: S. 19A inserted (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 142, 148; S.I. 2008/2696, art. 6(a)

[^c19000811]: Words in part heading substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

[^c19006401]: S. 20(4) inserted (15.1.2000) by S.I. 1999/3323, reg. 35(2)

[^c19516761]: Words in s. 20(4) substituted (6. 4 2005) by The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), reg. 36(2)(a) (with reg. 3)

[^c19516491]: Words in s. 20(4) inserted (8.10.2004) by The European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326), reg. 48(2)

[^c19516841]: Words in s. 20(4) substituted (18.8.2006) by The European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), reg. 37(2)(a)

[^c19516801]: Words in s. 20(4) inserted (6. 4 2005) by The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), reg. 36(2)(b) (with reg. 3)

[^c19516881]: Words in s. 20(4) substituted (15.12.2007) by The Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), reg. 58(2)(a)

[^c19007771]: Words in s. 21 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

[^c19007811]: 1992 c.52

[^c19007841]: 1996 c.18

[^c19007851]: S. 21(1)(g) and word “or" immediately preceding inserted (retrospectively) by 1998 c. 8, ss. 15, 17(3), Sch. 1 para. 17(1)(2)

[^c19007861]: Word at the end of s. 21(1)(f) repealed (1.11.1998) by 1998 c. 39, s. 53, Sch. 3 (with s. 36); S.I. 1998/2574, art. 2(1), Sch. 1

[^c19538321]: S. 21(1)(fg) inserted (5.10.1999) by 1999 c. 10, ss. 7, 19(4), 20(2), Sch. 3 para. 5, Sch. 6 and repealed (6.4.2003) by 2002 c. 21, ss. 60, 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (subject to arts. 3, 4)

[^c19538761]: S. 21(1)(g)(ga)(gb) substituted (1.10.2004) for s. 21(1)(ff)(g) by Employment Relations Act 2004 (c. 24), ss. 38, 59; S.I. 2004/2566, art. 3(a)

[^c19538801]: S. 21(1)(gc) inserted (30.4.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 57; S.I. 2007/1092, art. 2(e)

[^c19007901]: S. 21(1)(h)(i) substituted (15.1.2000) for words at the end of subsection (1) by S.I. 1999/3323, reg. 35(3)

[^c19007911]: Word at the end of s. 21(1)(h) omitted (1.7.2000) by virtue of S.I. 2000/1551, reg. 10, Sch. para. 1(b)(i)

[^c19007921]: S. 21(1)(j) and word “or" immediately preceding it inserted (1.7.2000) by S.I. 2000/1551, reg. 10, Sch. para. 1(b)(ii)

[^c19007931]: Word at the end of s. 21(1)(i) omitted (1.10.2002) by virtue of S.I. 2002/2034, reg. 11 Sch. 2 para. 2(b)(i)

[^c19007941]: S. 21(1)(k) inserted (1.10.2002) by S.I. 2002/2034, reg. 11 Sch. 2 para. 2(b)(ii)

[^c19516351]: Word at the end of s. 21(1)(j) omitted (1.12.2003) by virtue of The Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), reg. 39, Sch. 5 para. 1(b)(i)

[^c19516331]: S. 21(1)(l) and preceding word inserted (1.12.2003) by The Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661), reg. 39, Sch. 5 para. 1(b)(ii)

[^c19516371]: Word at the end of s. 21(1)(k) omitted (2.12.2003) by virtue of The Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660), reg. 39(2), Sch. 5 para. 1(b)(i)

[^c19516391]: S. 21(1)(m) and preceding word inserted (2.12.2003) by The Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660), reg. 39(2), Sch. 5 para. 1(b)(ii)

[^c19516441]: S. 21(1)(n) inserted (24.12.2003) by The Merchant Shipping (Working Time: Inland Waterways) Regulations 2003 (S.I. 2003/3049), reg. 20, Sch. 2 para. 2(3)

[^c19516611]: S. 21(1)(o) and preceding word inserted (8.10.2004) by The European Public Limited-Liability Company Regulations 2004 (S.I. 2004/2326), reg. 49

[^c19516591]: Word at the end of s. 21(1)(n) repealed (6.4.2005) by The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), reg. 37(a) (with reg. 3)

[^c19516511]: S. 21(1)(o) inserted (16.8.2004) by The Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 (S.I. 2004/1713), reg. 22, Sch. 2 para.1(3)

[^c19516551]: S. 21(1)(o) renumbered (6.4.2005) as s. 21(1)(p) by virtue of The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), reg. 37(b) (with reg. 3)

[^c19516571]: S. 21(1)(q) and preceding word inserted (6.4.2004) by The Information and Consultation of Employees Regulations 2004 (S.I. 2004/3426), reg. 37(c) (with reg. 3)

[^c19523811]: Word at the end of s. 21(1)(p) omitted (6.4.2006) by virtue of The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349), reg. 17, Sch. para. 10(a) (with reg. 3)

[^c19523841]: S. 21(1)(r) and preceding word inserted (6.4.2006) by The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349), reg. 17, Sch. para. 10(b) (with reg. 3)

[^c19537881]: Word at the end of s. 21(1)(q) omitted (1.10.2006) by virtue of The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 20(2) (with reg. 44)

[^c19537831]: S. 21(1)(s) and preceding word inserted (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(1), Sch. 8 para. 20(3) (with reg. 44)

[^c19722971]: Word at the end of s. 21(1)(r) omitted (18.8.2006) by virtue of The European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), reg. 38(a)

[^c19537771]: S. 21(1)(t) and preceding word inserted (18.8.2006) by The European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), reg. 38(b)

[^c19007961]: Words in s. 21(2) inserted (1.10.1998) by S.I. 1998/1833, reg. 34(b)

[^c19007981]: S. 21(4) inserted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 17(3); S.I. 1998/1658, art. 2(1), Sch. 1

[^c19527481]: Words in s. 22(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1

[^c19527541]: Words in s. 22(1)(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 4 para. 246(2)(b), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1

[^c19007991]: 1992 c. 52.

[^c19527571]: Words in s. 22(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(3); S.I. 2006/1014, art. 2(a), Sch. 1

[^c19527611]: S. 22(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(4); S.I. 2006/1014, art. 2(a), Sch. 1

[^c19527641]: S. 22(5)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 246(5); S.I. 2006/1014, art. 2(a), Sch. 1

[^c19527761]: Words in s. 23(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 247(2); S.I. 2006/1014, art. 2(a), Sch. 1

[^c19527821]: Words in s. 23(2)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 247(3); S.I. 2006/1014, art. 2(a), Sch. 1

[^c19528251]: S. 23(6)-(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 247(4); S.I. 2006/1014, art. 2(a), Sch. 1