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Part IIIE+W+S Discrimination in other fields

Modifications etc. (not altering text)

C1Pt. III (ss. 17-27) applied (1.9.1999) by 1998 c. 31, ss. 24, Sch. 4 para. 8(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

EducationE+W+S

17F1. . . bodies in charge of educational establishments.E+W+S

[F2(1)]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

EstablishmentResponsible body
ENGLAND AND WALES
1. Educational establishment maintained by a local education authority.Local education authority or [F3managers or][F4governing 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.
F5. . .F5. . ..
[F63B. Institution within the further education sector (within the meaning of section 91(3) of the further and Higher Education Act 1992).][F6Governing body]
4. University.Governing body.
[F74A. 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).][F7Governing body.]
5. Establishment (not falling within paragraphs 1 [F8to 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 [F9[F1073 (d)]of the Education (Scotland) Act 1980].Managers of the educational establishment.
[F117AA. A grant aided school, within the meaning of section 135 of the Education (Scotland) Act 1980.] [F11The managers of the school.]
[F127A. Self-governing school.][F12Board of management.]
[F137B. 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.][F13Board of management.]
[F147C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.][F14Governing body.]
8. UniversityGoverning 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.

[F15(2)It is unlawful for a responsible body, in relation to an establishment falling within column 1 of the table in subsection (1), to subject to harassment—

(a)a person who applies for admission to the establishment as a pupil; or

(b)a pupil at the establishment.]

Textual Amendments

F4Words in s. 17 Table substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 7 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F5Words in s. 17 Table repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F10Words in para. 7 of Table in s. 17 substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 1(a) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F11Para. 7AA of Table in s. 17 inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 1(b) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F12Para. 7A of Table in s. 17 repealed (S.) (31.12.2004) by 2000 asp. 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2

Modifications etc. (not altering text)

C2S. 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

[F1617A 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.]

18 Other discrimination [F17etc.] by local education authorities.E+W+S

(1)It is unlawful for a local education authority, in carrying out such of its functions under [F18the Education Acts]as do not fall under section 17, to do any act which constitutes racial discrimination [F19or harassment] .

(2)It is unlawful for an education authority, in carrying out such of its functions under [F20the Education (Scotland) [F21Act 1980]] as do not fall under section 17, to do any act which constitutes racial discrimination [F19or harassment] .

[F2218AF23. . . Further Education and Higher Education Funding CouncilsE+W+S

It is unlawful for [F24the Learning and Skills Council for England, F25. . . ] the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under [F26the Education Acts][F27and the Learning and Skills Act 2000], to do any act which constitutes racial discrimination [F28or harassment] .]

Textual Amendments

F24Words in s. 18A substituted (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. 9(a); 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 transitional provisions in art. 3)

F27Words in s. 18A 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. 9(b); 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 transitional provisions in art.3)

18BF29. . . Scottish Further and Higher Education Funding Councils.E+W+S

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3118BAScottish Further and Higher Education Funding CouncilE+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.]

F3218C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

[F3518DF33. . . [F34Training and Development Agency for Schools].E+W+S

It is unlawful for the [F34Training and Development Agency for Schools] in carrying out their functions under [F36any enactment] to do any act which constitutes racial discrimination [F37or harassment] .]

F3819. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F3919ZA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments