Article 31A Enforcement of Articles 30B and 30CF1

(1)

This Article applies to an act which is unlawful under Articles 30B or 30C.

(2)

Legal proceedings in relation to an act to which this Article applies may only be brought by the Commission in accordance with this Article and may not be brought by anyone else.

(3)

Where the Commission thinks that a person has done an act to which this Article applies the Commission may apply to a county court.

(4)

On an application under paragraph (3) in respect of an alleged act to which this Article applies, the court shall determine whether the allegation is correct.

(5)

The Commission may apply to a county court for an injunction restraining a person from doing an act to which this Article applies where—

(a)

either—

(i)

a court has determined under paragraph (4) that the person has done an act to which this Article applies, or

(ii)

the Commission thinks that the person has done an act to which this Article applies, and

(b)

the Commission thinks that if unrestrained the person is likely to do another act to which this Article applies.

(6)

Paragraph (1) does not apply to an act which constitutes an offence.

(7)

In this Article “the Commission” means the Equality Commission for Northern Ireland.

Annotations

Textual amendments

F1: Arts. 31A, 31B inserted (10.8.2006 for certain purposes and 1.9.2006 otherwise) by Special Educational Needs and Disability (Northern Ireland) Order 2005 (Amendment) (Further and Higher Education) Regulations (Northern Ireland) 2006 (S.R. 2006/332), regs. 1, 12