Disability Discrimination (Proceedings by Equal Opportunities Commission) Regulation
(Enacting provision omitted—E.R. 1 of 2013)
[12 December 1997]
(Format changes—E.R. 1 of 2013)
The circumstances in which the Commission may bring proceedings for the purposes of section 72(1) of the Ordinance (as if it were a person who may have brought proceedings under that section but has not done so) are where—
the Commission has reason to believe that a person has committed an act of discrimination, harassment, vilification or which is otherwise unlawful under the Ordinance as described in section 72(1) of the Ordinance;
the case raises a question of principle and the Commission considers that it is in the interests of justice to do so;
the Commission has offered assistance to the person aggrieved by way of conciliation under section 80 of the Ordinance but failed to effect a settlement;
the Commission has in accordance with section 2 served on the person aggrieved a written notice—
informing him of its intention to bring proceedings as if the Commission were that person; and
requesting the person aggrieved to reply in writing to the Commission within 21 days of the date of the notice as to whether he intends to bring proceedings in his own name, otherwise he shall be deemed to have indicated that he does not wish to bring proceedings in his own name; and
the Commission has established that the person aggrieved does not wish to bring proceedings in his own name, and he shall be deemed to have indicated that he does not wish to bring proceedings in his own name if he failed to reply under paragraph (d)(ii).
Service of a notice under section 1(d) shall be effected by—
delivering it to the person aggrieved personally; or
sending it by ordinary post addressed to him at his last known address if personal service is not practicable, and such service shall be deemed to have been effected 7 days after delivery.
In any proceedings brought under section 1, the Commission may apply for any remedy available to a claimant under section 72(3) of the Ordinance including a declaration that the act which is the subject of the proceedings is an unlawful act, an injunction in respect of such act or an order declaring void in whole or in part either ab initio or from such date as may be specified in the order, any contract or agreement made in contravention of the Ordinance.