Paragraph 4 I1

England, Wales and Scotland

(1)

Proceedings on a claim may not be brought after the end of the period of 6 months starting with the date when the conduct complained of occurred.

F1(2)

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

F2(2A)

If, in relation to proceedings or prospective proceedings on a claim under paragraph 3 or 3A, the dispute is referred for resolution in pursuance of arrangements under paragraph 6C F3... before the end of the period of 6 months mentioned in sub-paragraph (1), that period is extended by 3 months.

(3)

The Tribunal may consider a claim which is out of time.

(4)

Sub-paragraph (3) does not apply if the Tribunal has previously decided under that sub-paragraph not to consider a claim.

(5)

For the purposes of sub-paragraph (1)—

(a)

if the contravention is attributable to a term in a contract, the conduct is to be treated as extending throughout the duration of the contract;

(b)

conduct extending over a period is to be treated as occurring at the end of the period;

(c)

failure to do something is to be treated as occurring when the person in question decided on it.

(6)

In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—

(a)

when P acts inconsistently with doing it, or

(b)

if P does not act inconsistently, on the expiry of the period in which P might reasonably have been expected to do it.

Annotations

Textual amendments

F1: Sch. 17 para. 4(2) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(14)(a), 103(2)
F2: Sch. 17 para. 4(2A) inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 10(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 4); S.I. 2012/320, art. 3(g)
F3: Words in Sch. 17 para. 4(2A) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(14)(b), 103(2)

Commencement

I1: Sch. 17 para. 4 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

Notes on Schedule 17

Modifications

C1: Sch. 17: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)