Proceedings in respect of a contravention of section 38, 39 or 40 shall be brought only by the Commission in accordance with the following provisions of this section.
The proceedings shall be—
(a) an application for a decision whether the alleged contravention occurred, or
(b) an application under subsection (4) below,
or both.
An application under subsection (2)(a) shall be made—
(a) in a case based on any provision of Part II, to an employment tribunal, and
(b) in any other case to a county court or sheriff court.
If it appears to the Commission—
(a) that a person has done an act which by virtue of section 38, 39 or 40 was unlawful, and
(b) that unless restrained he is likely to do further acts which by virtue of that section are unlawful,
the Commission may apply to a county court for an injunction, or to a sheriff court for an order, restraining him from doing such acts; and the court, if satisfied that the application is well-founded, may grant the injunction or . . . order in the terms applied for or more limited terms.
In proceedings under subsection (4) the Commission shall not allege that the person to whom the proceedings relate has done an act which is unlawful under this Act and within the jurisdiction of an employment tribunal unless a finding by an employment tribunal that he did that act has become final.