(1)[F111 Subject to[[F112,F113 sectionF113] 140AAF112,F111]] proceedings on a claim within section 114 may not be brought after the end of—
(a)the period of 6 months starting with the date of the act to which the claim relates, or
(b)such other period as the county court or sheriff thinks just and equitable.
(2) F114 If subsection (3) ... applies, subsection (1)(a) has effect as if for “6 months” there were substituted “9 months” .
(3)This subsection applies if—
(a)the claim relates to the act of a qualifying institution, and
(b)a complaint relating to the act is referred under the student complaints scheme before the end of the period of 6 months starting with the date of the act.
F115(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)If it has been decided under the immigration provisions that the act of an immigration authority in taking a relevant decision is a contravention of Part 3 (services and public functions), subsection (1) has effect as if for paragraph (a) there were substituted—
“(a)the period of 6 months starting with the day after the expiry of the period during which, as a result of section 114(2), proceedings could not be brought in reliance on section 114(1)(a);”.
(6)For the purposes of this section—
(a)conduct extending over a period is to be treated as done at the end of the period;
(b)failure to do something is to be treated as occurring when the person in question decided on it.
(7)In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—
(a)when P does an act inconsistent with doing it, or
(b)if P does no inconsistent act, on the expiry of the period in which P might reasonably have been expected to do it.
(8)In this section—
“immigration authority”, “immigration provisions” and “relevant decision” each have the meaning given in section 115;
“qualifying institution” has the meaning given in section 11 of the Higher Education Act 2004 [F116 , and includes an institution which is treated as continuing to be a qualifying institution for the purposes of Part 2 of that Act (see section 20A(2) of that Act ) F116] ;
“the student complaints scheme” means a scheme for the review of qualifying complaints (within the meaning of section 12 of that Act ) that is provided by the designated operator (within the meaning of section 13(5)(b) of that Act ).
385.A person must bring a claim under the Act in the county and sheriff courts within six months of the alleged unlawful act taking place. If a person wants to make a claim after that period it is at the court’s discretion whether it grants permission to allow this. The test applied by the court is what is “just and equitable” in the circumstances.
386.The exception to this rule is for claims which have been referred to a student complaints scheme within six months or to the Equality and Human Rights Commission for conciliation. In these instances the time limit for bringing a claim is increased to nine months. The six month period will only begin, in a claim involving a decision of an immigration body, when that body has ruled that there is a breach of Part 3 and that ruling can no longer be appealed.
387.Where the conduct in respect of which a claim under the Act might arise continues over a period of time, the time limit starts to run at the end of that period. Where it consists of a failure to do something, the time limit starts to run when the person decides not to do the thing in question. In the absence of evidence to the contrary, this is either when the person does something which conflicts with doing the act in question; or at the end of the time when it would have been reasonable for them to do the thing.
388.This section is designed to replicate the effect of provisions in the previous legislation, except that the provision allowing a longer time limit in respect of complaints referred to the student complaints scheme and for conciliation by the Equality and Human Rights Commission is new.