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(1)It is unlawful for a local education authority (in England and Wales) or an education authority (in Scotland) in the exercise of their functions to discriminate against a person.
(2)In its application to local education authorities the prohibition in subsection (1) shall not apply to—
(a)the exercise of an authority’s functions under section 14 of the Education Act 1996 (c. 56) (provision of schools),
(b)the exercise of an authority’s functions in relation to transport,
(c)the exercise of an authority’s functions under section 13 of that Act (general responsibility for education) in so far as they relate to a matter specified in paragraph (a) or (b) above, or
(d)the exercise of functions as the responsible body for an establishment listed in the Table in section 49.
(3)In its application to education authorities the prohibition in subsection (1) shall not apply to—
(a)the exercise of an authority’s functions under section 17 of the Education (Scotland) Act 1980 (c. 44) (provision etc. of schools),
(b)the exercise of an authority’s functions in relation to transport,
(c)the exercise of an authority’s functions under section 1 of that Act, section 2 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) and sections 4 and 5 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (duties in relation to provision of education) in so far as they relate to a matter specified in paragraph (a) or (b) above,
(d)the exercise of an authority’s functions under section 50(1) of the Education (Scotland) Act 1980 (education of pupils in exceptional circumstances) in so far as they consist of making arrangements of the kind referred to in subsection (2) of that section, or
(e)the exercise of functions as the responsible body for an establishment listed in the Table in section 49.
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