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Section 6AB “Arrears date” in proceedings under section 6A(9)F1C1F2

Northern Ireland

(1)

This section applies for the purpose of determining the arrears date, in relation to an award of any payment by way of arrears of pay or damages in proceedings on a complaint in respect of a woman's service in any of the armed forces, for the purposes of section 6A(9).

(2)

In this section—

“concealment case” means a case where—

(a)

the employer deliberately concealed from the woman any fact—

(i)

which is relevant to the contravention to which the proceedings relate, and

(ii)

without knowledge of which the woman could not reasonably have been expected to institute the proceedings, and

(b)

the woman made a F3service complaint within six years of the day on which she discovered the fact (or could with reasonable diligence have discovered it);

“disability case” means a case where—

(a)

the woman was under a disability at the time of the contravention to which the proceedings relate, and

(b)

the woman made a F4service complaint within six years of the day on which she ceased to be under a disability;

“standard case” means a case which is not—

(a)

a concealment case,

(b)

a disability case, or

(c)

both.

(3)

In a standard case, the arrears date is the date falling six years before the day on which the F5service complaint was made.

(4)

In a case which is a concealment or a disability case or both, the arrears date is the date of the contravention.

(5)

Subsection (6) applies in a case where, F6by virtue of section 6A(6A) , proceedings are instituted without a F7service complaint having been made.

(6)

In that case, references in this section to the making of a F8service complaint shall be read as references to the institution of proceedings.

Annotations

Textual amendments

F1

SR 2004/171

F2

mod. by SR 2005/377

F3

Words in para. (b) of the definition of "concealment case" in s. 6AB(2) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 58(a); S.I. 2007/2913, art. 3

F4

Words in para. (b) of the definition of "disability case" in s. 6AB(2) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 58(a); S.I. 2007/2913, art. 3

F5

Words in s. 6AB(3) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 58(b); S.I. 2007/2913, art. 3

F6

Words in s. 6AB(5) substituted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 3; S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

F7

Words in s. 6AB(5) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 58(c); S.I. 2007/2913, art. 3

F8

Words in s. 6AB(6) substituted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 58(d); S.I. 2007/2913, art. 3

Modifications

C1

S. 6AB modified (24.4.2009) by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(2)(b), 196(1)(b)

Notes on the whole Act

Textual amendments

F1

functions transf. by SR 1999/481