Equality Act 2010, section 113

Proceedings

Part 9 Enforcement

(1)Proceedings relating to a contravention of this Act must be brought in accordance with this Part.

(2)Subsection (1) does not apply to proceedings under Part 1 of the Equality Act 2006.

(3)Subsection (1) does not prevent—

(a)a claim for judicial review;

(b)proceedings under the Immigration Acts;

(c)proceedings under the Special Immigration Appeals Commission Act 1997;

(d)in Scotland, an application to the supervisory jurisdiction of the Court of Session.

(4)This section is subject to any express provision of this Act conferring jurisdiction on a court or tribunal.

(5)The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(6)Chapters 2 and 3 do not apply to proceedings relating to an equality clause or rule except in so far as Chapter 4 provides for that.

(7)This section does not apply to—

(a)proceedings for an offence under this Act;

(b)proceedings relating to a penalty under Part 12 (disabled persons: transport).

Definitions used in section 113 3

contravention of this Act

(9)A reference to a contravention of this Act does not include a reference to a breach of an equality clause or rule, unless there is express provision to the contrary.

Defined in s.212(9) · see it in the full Act
breach of an equality clause or rule

(8)A reference to a breach of an equality clause or rule is a reference to a breach of a term modified by, or included by virtue of, an equality clause or rule.

Defined in s.212(8) · see it in the full Act
equality clause

“equality clause” means a sex equality clause or maternity equality clause;

Defined in s.212(1) · see it in the full Act

Cases considering section 113 28

Adesotu v Lewisham London Borough Council

[2019] EWCA Civ 1405 · 2 August 2019Limits

Proceedings concerning an Equality Act contravention must be brought under Part 9, subject to the statutory exceptions. This requirement excluded discrimination grounds from the section 204 appeal (see paras [13]-[20]). The statutory exceptions to the Part 9 enforcement requirement do not include an appeal under section 204 of the Housing Act 1996 (see paras [13]-[20]). A claim for judicial review means a claim brought in the High Court under Part 54 of the Civil Procedure Rules. It does not include a statutory appeal or review (see paras [16]-[20]).

Hamnett v Essex County Council

[2017] EWCA Civ 6 · 18 January 2017Interprets

The court gave “proceedings” its ordinary meaning. A statutory-review application under Schedule 9 is therefore a proceeding relating to a contravention of the Equality Act and must be brought under Part 9 (see paras [24]; [28]). The judicial-review exception does not include a statutory review pursued as of right. It refers to judicial review in the strict procedural sense, for which permission is required (see para [24]).

Michalak v The General Medical Council & Ors

[2016] EWCA Civ 172 · 23 March 2016Interprets

Regulates the route for proceedings under the Act while preserving specified proceedings. The court uses the provision as contextual support for retaining the general judicial-review jurisdiction without treating it as a section 120(7) appeal. (see paras [41]-[42]) Expressly preserves a claim for judicial review. The court treats that wording as supporting the conclusion that Parliament did not intend general judicial review to oust section 120(1) jurisdiction. (see paras [41]-[42])

8 more judgments, and what each says about section 113, are in the case-law panel in the full Act.

Explanatory note

372.This section applies the provisions of Part 9 to claims made under the Act. These claims must be brought either in a county court (sheriff court in Scotland) or in an employment tribunal. Sections 114 and 120 set out which claims should be brought in the civil courts and which in tribunals.

373.This section does not affect the enforcement powers of the Equality and Human Rights Commission which are in Part 1 of the Equality Act 2006. Nor does it prevent judicial review proceedings (or the equivalent in Scotland) or certain immigration proceedings related to compliance with the Act’s provisions.

374.This provision replaces similar provisions in the previous legislation.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I33S. 113 wholly in force; s. 113 not in force at Royal Assent see s. 216; s. 113 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(a) (with art. 15, and subject to transitional provision in art. 7)