C8C9C10Part III Discrimination in Other Fields

Annotations:
Modifications etc. (not altering text)
C9

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

C10

Pt. 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

Education

C11C12C1322 Discrimination by bodies in charge of educational establishments.

—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

Responsible body

England and Wales

1. Educational establishment maintained by a local education authority.

Local education authority or F62managers orF63governing 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.

F643A.. . .

F64. . .

[F653B. Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).]

[F65Governing body. ]

4. University.

Governing body.

F664A.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).

F66Governing body.

5. Establishment (not falling within paragraphs 1 F67to 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 F6873(c)or(d) of the Education (Scotland) Act 1980

Managers of the educational establishment.

F17A. Self-governing school.

F1Board of management.

[F697B. 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 .]

[F69Board of management]

[F707C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.]

[F70Governing 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.

22AF2 Meaning of pupil in section 22.

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.

1

It is unlawful for a local education authority, in carrying out such of its functions under F6the Education Actsas 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 F7the Education (Scotland) F8Act 1980as do not fall under section 22, to do any act which constitutes sex discrimination.

E123 Other discrimination by local education authorities.

1

It is unlawful for a local education authority, in carrying out such of its functions under F3the 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 F4the Education (Scotland) F5Act 1980as do not fall under section 22, to do any act which constitutes sex discrimination.

23AF9 Discrimination by Further Education and Higher Education Funding Councils

It is unlawful for the F10the Learning and Skills Council for England, the National Council for Education and Training for Wales, the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under F11the Education Acts F12and the Learning and Skills Act 2000, to do any act which constitutes sex discrimination.

23BF74 Discrimination by Scottish Further and Higher Education Funding Councils.

It is unlawful for the Scottish Further Education Funding Council or the Scottish Higher Education Funding Council in carrying out any of their functions to do any act which constitutes sex discrimination.

23BAF61Discrimination by Scottish Further and Higher Education Funding Council

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.

F1323C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23DF14 Discrimination by F15Training and Development Agency for Schools.

It is unlawful for the F15Training and Development Agency for Schools in carrying out their functions under F16any enactment to do any act which constitutes sex discrimination.

24 Designated establishments.

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

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 F18for the purposesof F19the Education Act 1996, or

d

it provides full-time education for persons who have attained the upper limit of compulsory school age F20(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).

E2C1C225 General duty in public sector of education.

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.

C32

The following provisions of F21the Education Act 1996, namely—

a

F22section 496 (power of Secretary of State to require duties under that Act to be exercised reasonably), and

b

F23section 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 F2423, 23A, F25. . . 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 F2670 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 F26said 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 F2723, 23A, F25. . . and 23D under section 66 or otherwise (where the breach is also a contravention of F28any 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 F2967 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 F30. . . F313BF32, F337, 7A, 7B or 7C of the table in section 22;

ii

an establishment designated under section 24(1) as falling within paragraph . . . F34(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 F35section 485 of the Education Act 1996

F36d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38f

the Training and Development Agency for Schools.

E3C4C525 General duty in public sector of education.

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.

C62

The following provisions of F39the Education Act 1996, namely—

a

F40section 496 (power of Secretary of State to require duties under that Act to be exercised reasonably), and

b

F41section 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 F4223, 23A, F43. . . 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 F4470 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 F44said 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 F4523, 23A, F43. . . and 23D under section 66 or otherwise (where the breach is also a contravention of F46any 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 F4767 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 F48. . . F493BF50, F51or 7 7B or 7C of the table in section 22;

ii

an establishment designated under section 24(1) as falling within paragraph . . . F52(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 F53section 485 of the Education Act 1996F54(d) the Further Education Funding Council for England and the Further Education Funding Council for Wales.

F55e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38f

the Training and Development Agency for Schools.

25AF56 General duty: post-16 education and training etc.

1

The Learning and Skills Council for England and the National Council for Education and Training 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 Council for Education and Training for Wales.

3

The provisions of sections 25 and 47 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1), but 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.

1

Sections 22(a) and (b) F57, 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(a) and (b) F57, 25 and 25A do not apply to the admission of boarders and sections 22(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. F58or 25A

F594

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.

C71

Where at any time—

a

the responsible body for single-sex establishment falling within column 1 of the table in section 22 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.

F711A

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 M1School 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.

F606

In this section, as it applies to an establishment in England and Wales, “pupil” includes any person who receives education at that establishment.

28 Exception for physical training.

Sections 22, 23 F72, 25 and 25A do not apply to any F73course in physical education which is a further education course or, in England and Wales, a higher education course within the meaning of the Education Reform Act 1988.