Paragraph 9 I1

England, Wales and Scotland

(1)

The court, on the application of any person interested, shall have jurisdiction to determine any question arising as to—

(a)

whether any provision of an employment-related benefit scheme does or does not comply with the principle of equal treatment; or

(b)

whether, and with what effect, any such provision is overridden by paragraph 3 above.

(2)

In sub-paragraph (1) above “the court” means—

(a)

in England and Wales, the High Court or F1the county court; and

(b)

in Scotland, the Court of Session or the sheriff court.

(3)

An application under sub-paragraph (1) above may be commenced in the county court notwithstanding—

(a)

any financial limit otherwise imposed on the jurisdiction of F2that court; or

(b)

that the only relief claimed is a declaration or an injunction.

Annotations

F1: Words in Sch. 5 para. 9 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2: Word in Sch. 5 para. 9(3)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 128; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

I1: Sch. 5 Pt. I para. 9 partly in force; Sch. 5 Pt. I para. 9 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 9 in force for specified purposes at 23.6.1994 by S.I. 1994/1661, art. 2, Sch. Pt. I