Sex Discrimination Act 1975 (repealed)

Section 27.

SCHEDULE 2 E+W+S Transitional Exemption Orders for Educational Admissions

Modifications etc. (not altering text)

C1 Sch. 2: transfer of functions (1.7.1999) by 1999/672, art. 2, Sch. 1

Public sector (England and Wales) E+W+S

1 E+W+S Where [F1 under section 35, 41 or 259 of the Education Act 1996 a responsible body submits to the Secretary of State], proposals for an alteration in its admissions arrangements such as is mentioned in section 27(1) of this Act the submission of those proposals shall be treated as an application for the making by the Secretary of State of a transitional exemption order, and if he thinks fit the Secretary of State may make the order accordingly.

Textual Amendments

F1 Words in Sch. 2 para. 1 substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 37(a)

Modifications etc. (not altering text)

C2 Sch. 2 para. 1 excluded (1.11.1996) by 1996 c. 56, ss. 552(1), 583(2)

C3 Sch. 2 para. 1 continued for certain functions (1.4.1999) by S.I. 1999/704, reg. 20(1)

2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 2 para. 2 repealed by Education Act 1980 (c. 20, SIF 41:1), s. 38(6), Sch.7

3 E+W+S Regulations under [F3 section 485 of the Education Act 1996] may provide for the submission to the Secretary of State of an application for the making by him of a transitional exemption order in relation to an establishment—

(a) which is designated under section 24(1), and

(b) in respect of which grants are payable under [F4 the said section 485]

and for the making by him of the order.

Textual Amendments

F3 Words in Sch. 2 para. 3 substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 37(b)(i)

F4 Words in Sch. 2 para. 3(b) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 37(b)(ii)

[F5 4 Regulations under section 218 of the Education Reform Act 1988 may provide for the submission to the Secretary of State of an application for the making by him of a transitional exemption order in relation to any school or institution to which that section, or any part of that section, applies and which does not fall within paragraph 3 above, and for the making by him of the order.]

Textual Amendments

F5 Sch. 2 para. 4 substituted (1.4.1993) by virtue of Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para.83; S.I. 1992/831, art. 2, Sch. 3.

[F6 4A E+W+S Where, under section 113A of the Learning and Skills Act 2000, the Learning and Skills Council for England submit proposals to the Secretary of State for an alteration in the admission arrangements of a school such as is mentioned in section 27(1) of this Act, the submission of the proposals shall be treated as an application for the making by the Secretary of State of a transitional exemption order, and if he thinks fit the Secretary of State may make the order accordingly.]

Textual Amendments

F6 Sch. 2 para. 4A inserted (1.4.2003 for E. and 1.8.2007 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 3(b) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1 (with Sch. Pt. 3 para. 1)

Private sector (England and Wales) E+W+S

5 (1) In the case of an establishment in England and Wales not falling within paragraphs 1 to 4 the responsible body may submit to the Equal Opportunities Commission set up under Part VI an application for the making by the Commission of a transitional exemption order in relation to the establishment, and if they think fit the Commission may make the order accordingly.

(2) An application under this paragraph shall specify the transitional period proposed by the responsible body to be provided for in the order, the stages by which within that period the body proposes to move to the position where section 22(b) is complied with, and any other matters relevant to the terms and operation of the order applied for.

(3) The Commission shall not make an order on an application under this paragraph unless they are satisfied that the terms of the application are reasonable having regard to the nature of the premises at which the establishment is carried on, the accommodation, equipment and facilities available, and the financial resources of the responsible body.

Public and private sectors (Scotland) E+W+S

6 Any application for a transitional exemption order made by the responsible body in relation to an establishment falling within paragraph 6 [F7 7, 7A, 7B or 7C], of the Table in section 22 shall be made to the Secretary of State, and in relation to an establishment falling within paragraphs 8, 9 and 10 of that Table shall be made to the Equal Opportunities Commission.

Textual Amendments

F7 Words in Sch. 2 para. 6 substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 4(6); S.I. 1992/817, art. 3(2), Sch. 1

7 E+W+S An application under paragraph 6 shall specify the transitional period proposed by the responsible body to be provided for in the order, the stages by which within that period the body proposes to move to the position where section 22(b) is complied with, and any other matters relevant to the terms and operation of the order applied for.

8 E+W+S The Secretary of State on any application under paragraph 6 may make a transitional exemption order on such terms and conditions as he may think fit.

9 E+W+S The Commission on any application under paragraph 6 may if they think fit make a transitional exemption order, but shall not make such an order unless they are satisfied that the terms of the application are reasonable having regard to the nature of the premises at which the establishment is carried on, the accommodation, equipment and facilities available, and the financial resources of the responsible body.