If, during the period of five years beginning on the date on which either of the following became final in the case of any person, namely,—
(a) a non-discrimination notice served on him,
(b) a finding by a court or tribunal under section 63 or 66, or section 2 of the Equal Pay Act 1970, that he has done an unlawful discriminatory act or an act in breach of a term modified or included by virtue of an equality clause,
it appears to the Commission that unless restrained he is likely to do one or more acts falling within paragraph (b), or contravening section 37, the Commission may apply to a county court for an injunction, or to the sheriff court for an order, restraining him from doing so; and the court, if satisfied that the application is well-founded, may grant the injunction or order in the terms applied for or in more limited terms.
In proceedings under this section the Commission shall not allege that the person to whom the proceedings relate has done an act which is within the jurisdiction of an employment tribunal unless a finding by an employment tribunal that he did that act has become final.