EducationE+W+S
22. . . Bodies in charge of educational establishments.E+W+S
[(1)]—It is unlawful in relation to an educational establishment falling within column 1 of the following table, for a person indicated in relation to the establishment in column 2 (the “responsible body”) to discriminate against a woman—
(a)in the terms on which it offers to admit her to the establishment as a pupil, or
(b)by refusing or deliberately omitting to accept an application for her admission to the establishment as a pupil, or
(c)where she is a pupil of the establishment—
(i)in the way it affords her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or
(ii)by excluding her from the establishment or subjecting her to any other detriment.
TABLE
Establishment | Responsibl e body |
---|
England and Wales |
1. Educational establishment maintained by a local education authority. | Local education authority or [managers or][governing body], according to which of them has the function in question. |
2. Independent school not being a special school. | Proprietor. |
3. Special school not maintained by a local education authority. | Proprietor. |
3A.. . . | . . . |
[3B. Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).] | [Governing body. ] |
4. University. | Governing body. |
[4A.Institution other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992).] | [Governing body.] |
5. Establishment (not falling within paragraphs 1 [to 4A]) providing full-time or part-time education, being an establishment designated under section 24(1). | Governing body. |
Scotland
|
6. Educational establishment managed by an education authority. | Education authority. |
7. Educational establishment in respect of which the managers are for the time being receiving grants under section [73(c)or(d) of the Education (Scotland) Act 1980] | Managers of the educational establishment. |
[7A. Self-governing school.] | [Board of management.] |
[7B. College of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management .] | [Board of management] |
[7C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.] | [Governing body] |
8. University. | Governing body. |
9. Independent school. | Proprietor. |
10. Any other educational establishment (not falling within paragraphs 6, 7 and 9) providing full or part-time school education or further education. | Managers of the educational establishment. |
[(2)It is unlawful for the governing body of an institution of further or higher education to discriminate against a woman in the arrangements it makes for the purpose of selecting people for admission to the institution.
(3)It is unlawful for the governing body of an institution of further or higher education to subject a woman to harassment if that woman is a student at the institution or has applied for admission to the institution.
(4)In subsections (2) and (3) “institution of further or higher education” means—
(a)in England and Wales, an establishment falling within column 1 of paragraph 3B, 4 or 4A of the table in subsection (1);
(b)in Scotland—
(i)a college of further education within the meaning given by section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management within the meaning of Part I of that Act,
(ii)a college of further education managed by an education authority in the exercise of its functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of the Education (Scotland) Act 1980,
(iii)any other educational establishment (not being a school) which provides further education within the meaning of section 1 of the Further and Higher Education (Scotland) Act 1992,
(iv)an institution within the higher education sector (within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992), or
(v)a central institution (within the meaning of section 135 of the Education (Scotland) Act 1980).]
Textual Amendments
Modifications etc. (not altering text)
[22A Meaning of pupil in section 22.E+W+S
For the purposes of section 22, “pupil” includes, in England and Wales, any person who receives education at a school or institution to which that section applies.]
23 Other discrimination by local education authorities.E+W
(1)It is unlawful for a local education authority, in carrying out such of its functions under [the Education Acts]as do not fall under section 22, to do any act which constitutes sex discrimination.
(2)It is unlawful for an education authority, in carrying out such of its functions under [the Education (Scotland) [Act 1980]]as do not fall under section 22, to do any act which constitutes sex discrimination.
23 Other discrimination by local education authorities.S
(1)It is unlawful for a local education authority, in carrying out such of its functions under [the Education Acts] as do not fall under section 22, to do any act which constitutes sex discrimination.
(2)It is unlawful for an education authority, in carrying out such of its functions under [the Education (Scotland) [Act 1980]]as do not fall under section 22, to do any act which constitutes sex discrimination.
Extent Information
Textual Amendments
[23A Discrimination by Further Education and Higher Education Funding CouncilsE+W+S
It is unlawful for the [the Learning and Skills Council for England, . . . ,]] the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under [the Education Acts [and the Learning and Skills Act 2000]], [and for the National Assembly for Wales in carrying out it's functions under Part 2 of the Learning and Skills Act 2000”] to do any act which constitutes sex discrimination.
23B Discrimination by Scottish Further and Higher Education Funding Councils.E+W+S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[23BADiscrimination by Scottish Further and Higher Education Funding CouncilE+W+S
It is unlawful for the Scottish Further and Higher Education Funding Council in carrying out any of its functions to do any act which constitutes sex discrimination.]
23C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
[23D Discrimination by [Training and Development Agency for Schools].E+W+S
It is unlawful for the [Training and Development Agency for Schools] in carrying out their functions under [any enactment] to do any act which constitutes sex discrimination.]
24 Designated establishments.E+W+S
(1)The Secretary of State may by order designate for the purposes of paragraph 5 of the table in section 22 such establishments of the description mentioned in that paragraph as he thinks fit.
(2)An establishment shall not be designated under subsection (1) unless—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)it is an establishment in respect of which grants are payable out of money provided by Parliament, or
(c)it is assisted by a local education authority [for the purposes]of [the Education Act 1996], or
(d)it provides full-time education for persons who have attained the upper limit of compulsory school age [(construed in accordance with section 8 of the Education Act 1996)] but not the age of nineteen.
(3)A designation under subsection (1) shall remain in force until revoked notwithstanding that the establishment ceases to be within subsection (2).
25 General duty in public sector of education.E+W
(1)Without prejudice to its obligation to comply with any other provision of this Act, a body to which this subsection applies shall be under a general duty to secure that facilities for education provided by it, and any ancillary benefits or services, are provided without sex discrimination.
(2)The following provisions of [the Education Act 1996], namely—
(a)[section 496] (power of Secretary of State to require duties under that Act to be exercised reasonably), and
(b)[section 497] (powers of Secretary of State where local education authorities etc. are in default),
shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 [23, 23A, . . . and 23D] and shall also apply to the performance of the general duty imposed by subsection (1), as they apply to the performance by a local education authority of a duty imposed by that Act.
(3)Section [70 of the Education (Scotland) Act 1980] (power of the Secretary of State to require duties in that Act to be exercised) shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 and 23 and shall also apply to the performance of the general duty imposed by subsection (1), as the [said section 70] applies to the performance by an education authority of a duty imposed by that Act.
(4)The sanctions in subsections (2) and (3) shall be the only sanctions for breach of the general duty in subsection (1), but without prejudice to the enforcement of sections 22 [23, 23A, . . . and 23D] under section 66 or otherwise (where the breach is also a contravention of [any] of those sections).
(5)The Secretary of State shall have the power to cause a local inquiry to be held into any matter arising from subsection (3) under section [67 of the Education (Scotland) Act 1980.]
(6)Subsection (1) applies to—
(a)local education authorities in England and Wales;
(b)education authorities in Scotland;
(c)any other body which is a responsible body in relation to—
(i)an establishment falling within paragraph 1, 3 . . . [3B][, [7, 7A, 7B or 7C]] of the table in section 22;
(ii)an establishment designated under section 24(1) as falling within paragraph . . . (c) of section 24(2);
(iii)an establishment designated under section 24(1) as falling within paragraph (b) of section 24(2) where the grants in question are payable under [section 485 of the Education Act 1996]
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(f)the Training and Development Agency for Schools.]
Extent Information
Textual Amendments
Modifications etc. (not altering text)
25 General duty in public sector of education.S
(1)Without prejudice to its obligation to comply with any other provision of this Act, a body to which this subsection applies shall be under a general duty to secure that facilities for education provided by it, and any ancillary benefits or services, are provided without sex discrimination.
(2)The following provisions of [the Education Act 1996], namely—
(a)[section 496] (power of Secretary of State to require duties under that Act to be exercised reasonably), and
(b)[section 497] (powers of Secretary of State where local education authorities etc. are in default),
shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 [23, 23A, . . . and 23D] and shall also apply to the performance of the general duty imposed by subsection (1), as they apply to the performance by a local education authority of a duty imposed by that Act.
(3)Section [70 of the Education (Scotland) Act 1980] (power of the Secretary of State to require duties in that Act to be exercised) shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 and 23 and shall also apply to the performance of the general duty imposed by subsection (1), as the [said section 70] applies to the performance by an education authority of a duty imposed by that Act.
(4)The sanctions in subsections (2) and (3) shall be the only sanctions for breach of the general duty in subsection (1), but without prejudice to the enforcement of sections 22 [23, 23A, . . . and 23D] under section 66 or otherwise (where the breach is also a contravention of [any] of those sections).
(5)The Secretary of State shall have the power to cause a local inquiry to be held into any matter arising from subsection (3) under section [67 of the Education (Scotland) Act 1980.]
(6)Subsection (1) applies to—
(a)local education authorities in England and Wales;
(b)education authorities in Scotland;
(c)any other body which is a responsible body in relation to—
(i)an establishment falling within paragraph 1, 3 . . . [3B][, [or 7] 7B or 7C] of the table in section 22;
(ii)an establishment designated under section 24(1) as falling within paragraph . . . (c) of section 24(2);
(iii)an establishment designated under section 24(1) as falling within paragraph (b) of section 24(2) where the grants in question are payable under [section 485 of the Education Act 1996][(d) the Further Education Funding Council for England and the Further Education Funding Council for Wales.]
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(f)the Training and Development Agency for Schools.]
Extent Information
Textual Amendments
Modifications etc. (not altering text)
[25A General duty: post-16 education and training etc.E+W+S
(1)The Learning and Skills Council for England [and the National Assembly for Wales] shall be under a general duty to secure that the facilities falling within subsection (2) and any ancillary benefits or services are provided without sex discrimination.
(2)Facilities falling within this subsection are facilities for—
(a)education,
(b)training, and
(c)organised leisure-time occupation connected with such education or training,
the provision of which is secured by the Learning and Skills Council for England [or the National Assembly for Wales by virtue of its functions under Part 2 of the Learning and Skills Act 2000].
[(3)The provisions of section 25 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1) by the Learning and Skills Council for England.”
(4)There shall be no sanction for breach of the general duty in subsection (1) by the National Assembly for Wales.
(5)Subsections (3) and (4) are without prejudice to the enforcement of section 23A under section 66 or otherwise (where the breach is also a contravention of that section).]]
26 Exception for single-sex establishments.E+W+S
(1)[Section 22(1)(a) and (b)][, 25 and 25A] do not apply to the admission of pupils to any establishment (a “single-sex establishment”) which admits pupils of one sex only, or which would be taken to admit pupils of one sex only if there were disregarded pupils of the opposite sex—
(a)whose admission is exceptional, or
(b)whose numbers are comparatively small and whose admission is confined to particular courses of instruction or teaching classes.
(2)Where a school which is not a single-sex establishment has some pupils as boarders and others as non-boarders, and admits as boarders pupils of one sex only (or would be taken to admit as boarders pupils of one sex only if there were disregarded boarders of the opposite sex whose numbers are comparatively small), [sections 22(1)(a) and (b)][, 25 and 25A] do not apply to the admission of boarders and [sections 22(1)(c)(i)] and 25 do not apply to boarding facilities.
(3)Where an establishment is a a single-sex establishment by reason of its inclusion in subsection (1)(b), the fact that pupils of one sex are confined to particular courses of instruction or teaching classes shall not be taken to contravene section 22(c)(i) or the duty in section 25 [or 25A].
[(4)In this section, as it applies to an establishment in England and Wales, “pupil” includes any person who receives education at that establishment.]
27 Exception for single-sex establishments turning co-educational.E+W+S
(1)Where at any time—
(a)the responsible body for single-sex establishment falling within column 1 of the table in [section 22(1)] determines to alter its admissions arrangements so that the establishment will cease to be a single-sex establishment, or
(b)section 26(2) applies to the admission of boarders to a school falling within column 1 of that table but the responsible body determines to alter its admissions arrangements so that section 26(2) will cease so to apply,
the responsible body may apply in accordance with Schedule 2 for an order (a “transitional exemption order”) authorising discriminatory admissions during the transitional period specified in the order.
[(1A)Without prejudice to subsection (1), a transitional exemption order may be made in accordance with paragraph 21 or 22 of Schedule 6 or paragraph 16 or 17 of Schedule 7 to the School Standards and Framework Act 1998 (transitional exemption orders for purposes of the Sex Discrimination Act 1975: England and Wales).]
(2)Where during the transitional period specified in a transitional exemption order applying to an establishment the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Act.
(3)Subsection (2) does not apply if the refusal or omission contravenes any condition of the transitional exemption order.
(4)Except as mentioned in subsection (2), a transitional exemption order shall not afford any exemption from liability under this Act.
(5)Where, during the period between the making of an application for a transitional exemption order in relation to an establishment and the determination of the application, the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Act.
[(6)In this section, as it applies to an establishment in England and Wales, “pupil” includes any person who receives education at that establishment.]
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations
28 Exception for physical training.E+W+S
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