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66.(1) A claim by any person ("the claimant") that another person ("the
respondent")
(a)has committed an act of discrimination against the claimant which is
unlawful by virtue of Part IV, or
(b)is by virtue of Article 42 or 43 to be treated as having committed such an
act of discrimination against the claimant,
(2) Proceedings under paragraph (1) shall be brought only in a county court,
but all such remedies shall be obtainable in such proceedings as, apart from
this paragraph and Article 62(1), would be obtainable in the High Court.
(3) As respects an unlawful act of discrimination falling within Article
3(1)(b) (or, where this Article is applied by Article 65(1)(b), Article
5(1)(b)) no award of damages shall be made if the respondent proves that the
requirement or condition in question was not applied with the intention of
treating the claimant unfavourably on the ground of his sex or marital status
as the case may be.
(4) For the avoidance of doubt it is hereby declared that damages in respect
of an unlawful act of discrimination may include compensation for injury to
feelings whether or not they include compensation under any other head.
(5) Civil proceedings in respect of a claim by any person that he has been
discriminated against in contravention of Article 24 or 25 by a body to which
Article 26(1) applies (other than proceedings in respect of a claim against
the Department of Education) shall not be instituted unless the claimant has
given notice of the claim to the Department of Education and either that
Department has by notice informed the claimant that it does not require
further time to consider the matter, or the period of two months has elapsed
since the claimant gave notice to that Department; but nothing in this
paragraph applies to a counter-claim.
(6) For the purposes of proceedings under paragraph (1)
(a)[Article 33(1) of the County Courts (Northern Ireland) Order 1980] shall
apply with the omission of the words "on the application of any party", and
(b)the remuneration of assessors appointed under the said section 62(1) shall
be at such rate as may be determined by the Lord Chancellor with the approval
of the Minister for the Civil Service and may be defrayed as part of the
expenses of the county court service.
(7) A county court shall have jurisdiction to entertain proceedings under
paragraph (1) with respect to an act done on a ship, aircraft or hovercraft
outside its district, including such an act done outside Northern Ireland.
© 1976 Crown Copyright
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