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Sex Discrimination Act 1975 (repealed)
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26 Exception for single-sex establishments.E+W+S
(1)Sections 22(a) and (b) [F1, 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) [F1, 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. [F2or 25A]
[F3(4)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
F1Words in s. 26(1)(2) substituted (28.7.2000 so far as consequential upon ss. 130, 131, Sch. 8 and 1.4.2001 in relation to England and Wales and otherwiseprosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 7(1)(2); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with savings and transitional provisions in art. 3)
F2Words in s. 26(3) inserted (28.7.2000 so far as consequential upon ss. 130, 131, Sch. 8 and 1.4.2001 in relation to England and Wales and otherwiseprosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 7(1)(3); S.I. 2001/654, art. 2(2), Sch. Pt. II (with savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with savings and transitional provisions in art. 3)
F3S. 26(4) added (1.8.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 80; S.I. 1992/831, art. 2, Sch. 4
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