Section 5 Supplementary provisions as to orders under sections 3 and 4.
United Kingdom
The provisions of Part I of Schedule 2 to this Act shall have effect—
with respect to the procedure to be followed before an order is made by the F1lead enforcement authority under section 3 or section 4 above; and
in connection with the making and coming into operation of any such order.
Where an order is made by the F2lead enforcement authority under section 3 or section 4 above against a partnership, it may, if the lead enforcement authority thinks it appropriate, have effect also as an order against some or all of the partners individually, and in such a case the order shall so provide and shall specify the names of the partners affected by the order.
Nothing in F3section 113 of the Equality Act 2010 (proceedings) or Article 62 of the M1Sex Discrimination (Northern Ireland) Order 1976 F4or Article 51 of the Race Relations (Northern Ireland) Order 1997 (restriction of sanctions for breaches of F5... F6those Orders) shall be construed as applying to the making of an order by the F7lead enforcement authority under section 3 above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In any case where—
an order of the F9lead enforcement authority under section 3 above specifies as grounds for the order the fact that the person concerned committed discrimination by reason of the existence of any such finding or notice as is referred to in paragraph 2 of Schedule 1 to this Act, and
the period expires at the end of which, by virtue of paragraph 3 of that Schedule, the person concerned would no longer be treated for the purposes of section 3(1)(b) above as having committed discrimination by reason only of that finding or notice,
then, unless the order also specifies other grounds which remain valid, the order shall cease to have effect at the end of that period.
Annotations
Textual amendments
- F1
Words in s. 5(1)(a) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(4)(b) (with Sch. 1 para. 28, 2 paras. 13-15)
- F2
Words in s. 5(2) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(4)(b) (with Sch. 1 para. 28, 2 paras. 13-15)
- F3
Words in s. 5(3) substituted by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 5(a), Sch. 27 Pt. 1 (as amended) (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 2 (see S.I. 2010/2317, art. 2)
- F4
Words in s. 5(3) inserted (4.8.1997) by S.I. 1997/869 (N.I. 6), art. 73, Sch. 2 para. 2(1); S.R. 1997/273, art. 2(4)
- F5
Words in s. 5(3) repealed by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 5(b), Sch. 27 Pt. 1 (as amended) (1.10.2010) by S.I. 2010/2279, art. 1(2), Sch. 1 para. 2, Sch. 2 (see S.I. 2010/2317, art. 2)
- F6
Words in s. 5(3) substituted (4.8.1997) by S.I. 1997/869 (N.I. 6), art. 73, Sch. 2 para. 2(1); S.R. 1997/273, art. 2(4)
- F7
Words in s. 5(3) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(4)(b) (with Sch. 1 para. 28, 2 paras. 13-15)
- F8
S. 5(4) repealed (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 55(4), 66(2), Sch. 8 (with s. 48(3)); S.I. 2008/905, art. 3(2), Sch. 2
- F9
Words in s. 5(5) substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(4)(b) (with Sch. 1 para. 28, 2 paras. 13-15)
Marginal citations
Notes on Orders by the lead enforcement authority
Textual amendments
- F1
Words in cross-heading substituted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 2 para. 1(2) (with Sch. 1 para. 28, 2 paras. 13-15)