Race Relations Act 1976 (Repealed)

Education E+W+S

17 Discrimination by bodies in charge of educational establishments. E+W+S

—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 person—

(a) in the terms on which it offers to admit him to the establishment as a pupil; or

(b) by refusing or deliberately omitting to accept an application for his admission to the establishment as a pupil; or

(c) where he is a pupil of the establishment—

(i) in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(ii) by excluding him from the establishment or subjecting him to any other detriment.

Table

Establishment	Responsible body
ENGLAND AND WALES
1. Educational establishment maintained by a local education authority.	Local education authority or [F1 managers or]governors, 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.
[F2 3A. Grant-maintained school.]	[F2 Governing body.]
[F3 3B. Institution within the further education sector (within the meaning of section 91(3) of the further and Higher Education Act 1992).]	[F3 Governing body]
4. University.	Governing body.
[F4 4A. 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).]	[F4 Governing body.]
5. Establishment (not falling within paragraphs 1 [F5 to 4A]) providing full-time or part-time education, being an establishment designated under section 24(1) of the Sex Discrimination Act 1975 for the purposes of paragraph 5 of the corresponding table in section 22 of that Act.	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 [F6 73(c) or (d) of the Education (Scotland) Act 1980].	Managers of the educational establishment.
[F7 7A. Self-governing school.]	[F7 Board of management.]
[F8 7B. 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.]	[F8 Board of management.]
[F9 7C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.]	[F9 Governing 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.

Textual Amendments

F1 Words repealed (E.W.) by Education Act 1980 (c. 20, SIF 41:1), Sch. 1 para. 28

F2 S. 17 Table para. 3A inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 12 Pt. I para. 18

F3 S. 17 Table para. 3B inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(1)(2); S.I. 1992/831, art. 2, Sch. 1.

F4 S. 17 Table para. 4A substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(3); S.I. 1992/831, art. 2, Sch. 1.

F5 Words in s. 17 Table para. 5 substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(4); S.I. 1992/831, art. 2, Sch. 1.

F6 Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 3 para. 12

F7 S. 17 Table para. 7A inserted (S.) by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 6(2)

F8 S. 17 Table para. 7B inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(2)(a); S.I. 1992/817, art. 3(2), Sch.1.

F9 S. 17 Table para. 7C inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(2)(b); S.I. 1992/817, art. 3(2), Sch.1.

Modifications etc. (not altering text)

C1 S. 17 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

S. 17 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

Yn ddilys o 01/08/1993

[F10 17A Meaning of pupil in section 17. E+W+S

For the purposes of section 17, “pupil” includes, in England and Wales, any person who receives education at a school or institution to which that section applies.]

Textual Amendments

F10 S. 17A inserted (1.8.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para.86; S.I. 1992/831, art. 2, Sch.4.

18 Other discrimination by local education authorities. E+W+S

(1) It is unlawful for a local education authority, in carrying out such of its functions under [F11 the Education Acts 1944 to 1975][F11 the Education Acts 1944 to 1981]as do not fall under section 17, to do any act which constitutes racial discrimination.

(2) It is unlawful for an education authority, in carrying out such of its functions under [F12 the Education (Scotland) [F13 Act 1980]]as do not fall under section 17, to do any act which constitutes racial discrimination.

Textual Amendments

F11 Words “the Education Acts 1944 to 1981" substituted (E.W.) for “the Education Acts 1944 to 1975" by virtue of the Education Act 1981 (c. 60, SIF 41:1), Sch. 3 para. 12

F12 Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 33(2)

F13 Words substituted (S.) by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 13

[F14 18A Discrimination by Further Education and Higher Education Funding Councils E+W+S

It is unlawful for the Further Education Funding Council for England, the Further Education Funding Council for Wales, the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under the Education Acts 1944 to 1992, to do any act which constitutes racial discrimination.]

Textual Amendments

F14 S. 18A inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para.87; S.I. 1992/831, art. 2, Sch.1.

[F15 18B Discrimination by Scottish Further and Higher Education Funding Councils. E+W+S

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 racial discrimination.]

Textual Amendments

F15 S. 18B inserted (1.6.1992 for specified purposes and 21.11.1998 otherwise) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(3); S.I. 1992/817, art. 3(2), Sch.2; S.I. 1998/2886, art. 2(c)

Yn ddilys o 03/10/2005

[F16 18BA Scottish Further and Higher Education Funding Council E+W+S

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 racial discrimination or harassment.]

Textual Amendments

F16 S. 18BA inserted (3.10.2005) by The Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005 (S.I. 2005/2077), art. 5(a)

Yn ddilys o 01/04/1994

[F17 18C Discrimination by Funding Agency for Schools or Schools Funding Council for Wales. E+W+S

It is unlawful for the Funding Agency for Schools or the Schools Funding Council for Wales in carrying out their functions by or under the Education Acts 1944 to 1993 to do any act which constitutes racial discrimination.]

Textual Amendments

F17 S. 18C inserted (1.4.1994) by 1993 c. 35, ss. 307(1), 308(3), Sch. 19 para. 65; S.I. 1994/507, art. 4, Sch. 2 (which insertion fell (1.1.1996) by reason of the repeal of 1993 c. 35 by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I)

Yn ddilys o 21/09/1994

[F18 18D Discrimination by Teacher Training Agency. E+W+S

It is unlawful for the Teacher Training Agency in carrying out their functions under Part I of the Education Act 1994 to do any act which constitutes racial discrimination.]

Textual Amendments

F18 S. 18D inserted (21.9.1994) by 1994 c. 30, s. 24, Sch. 2 para. 6(3); S.I. 1994/2204, art. 2(1)

19 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 racial discrimination.

(2) The following provisions of the M1 Education 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 17 and 18, 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 [F19 70 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 17 and 18, and shall also apply to the performance of the general duty imposed by subsection (1), as the [F19 said 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 17 and 18 under section 57 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 under section [F20 67 of the Education (Scotland) Act 1980] into any matter arising from subsection (3).

(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 [F21 3A][F22 3B][F23 7, 7A, 7B or 7C]of the table in section 17;

(ii) an establishment designated under section 24(1) of the M2 Sex Discrimination Act 1975 as falling within paragraph . . . F24 (c) of section 24(2) of that Act;

(iii) an establishment designated under the said section 24(1) as falling within paragraph (b) of the said section 24(2) where the grants in question are payable under section 100 of the M3 Education Act 1944.

[F25 (d) the Further Education Funding Council for England and the Further Education Funding Council for Wales.]

Textual Amendments

F19 Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 14(a)

F20 Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 14(b)

F21 “3A" inserted (29.7.1988) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 12 Pt. I para. 19

F22 Words in s. 19(6)(c)(i) (which were inserted by Education Reform Act 1988 (c. 40), ss. 231(7), 235(6), 237, Sch. 12 Pt. III para. 79(a)) substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 88(1)(a); S.I. 1992/831, art. 2, Sch. 1.

F23 Words in s. 19(6)(c)(i) expressed to be substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(4); S.I. 1992/817, art. 3(2), Sch.1.

F24 “(a) or" repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 12 Pt. III para. 79(b), Sch. 13 Pt. II

F25 S. 19(6)(d) inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 88(1)(b); S.I. 1992/831, art. 2, Sch. 1.

Modifications etc. (not altering text)

C2 S. 19(2) modified (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 88(2); S.I. 1992/831, art. 2, Sch. 1.

Marginal Citations

M1 1944 c. 31

M2 1975 c. 65.

M3 1944 c. 31.

Yn ddilys o 28/07/2000

[F26 19ZA General duty: post-16 education and training etc. E+W+S

(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 racial 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 18A under section 57 or otherwise (where the breach is also a contravention of that section).]

Textual Amendments

F26 S. 19ZA inserted (28.7.2000 for specified purposes and 1.4.2001 otherwise so far as relating to England and Wales) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 10; S.I. 2001/654, art. 2(2), Sch. Pt. II (subject to savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (subject to savings and trasitional provisions in art. 3)