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Part III E+W+S Discrimination in Other Fields

Modifications etc. (not altering text)

C2Pt. III (ss. 22–36) excluded by S.I. 1989/2420, art. 3

C3Pt. III (ss. 22-36) applied (1.10.1998) by 1998 c. 31, s. 25, Sch. 5 para. 6(a) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

Pt. III (ss. 22-36) applied (1.9.1999) by 1998 c. 31, s. 24, Sch. 4 para. 8(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

EducationE+W+S

25 General duty in public sector of education.E+W+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 M1Education Act 1944, namely—

(a)section 68 (power of Secretary of State to require duties under that Act to be exercised reasonably), and

(b)section 99 (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 [F123, 23A [F2, 23C 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 [F370 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 [F3said 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 [F123, 23A [F2, 23C and 23D]] under section 66 or otherwise (where the breach is also a contravention of either 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 [F467 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 [F53A][F63B][F7, [F87, 7A, 7B or 7C]] of the table in section 22;

(ii)an establishment designated under section 24(1) as falling within paragraph . . . F9(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 100 of the M2Education Act 1944.[F10(d) the Further Education Funding Council for England and the Further Education Funding Council for Wales.]

[F11(e)the Funding Agency for Schools and the Schools Funding Council for Wales.]

[F12(f)the Teacher Training Agency.]

Textual Amendments

F1Words in s. 25(2)(4) substituted (1.4.1994) by 1993 c. 35, s. 307(1), Sch. 19 para. 59(a); S.I. 1994/507, art. 4, Sch. 2 (which substitution fell (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I)

Modifications etc. (not altering text)

C4S. 25 applied (E.W.)(1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

S. 25 applied (E.W.)(9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

Marginal Citations

25 General duty in public sector of education.E+W+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 M3Education Act 1944, namely—

(a)section 68 (power of Secretary of State to require duties under that Act to be exercised reasonably), and

(b)section 99 (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 and 23 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 [F1370 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 [F13said 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 and 23 under section 66 or otherwise (where the breach is also a contravention of either 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 [F1467 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 [F153A][F163B][F17, [F187, 7A, 7B or 7C]] of the table in section 22;

(ii)an establishment designated under section 24(1) as falling within paragraph . . . F19(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 100 of the M4Education Act 1944.[F20(d) the Further Education Funding Council for England and the Further Education Funding Council for Wales.]

Textual Amendments

Modifications etc. (not altering text)

C6S. 25 applied (E.W.)(1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

S. 25 applied (E.W.)(9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

Marginal Citations