Further and Higher Education Act 1992

The Sex Discrimination Act 1975 (c. 65)

75 The Sex Discrimination Act 1975 is amended as follows.

76 (1) The Table in section 22 (discrimination by bodies in charge of educational establishments) is amended as follows.

(2) After paragraph 3A there is inserted—

“3B Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).

Governing body.”

(3) For paragraph 4A there is substituted—

“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).

Governing body.”

(4) In paragraph 5 for “to 4” there is substituted “to 4A”.

77 After that section there is inserted—

“22A Meaning of pupil in section 22

For the purposes of section 22, “pupil” includes, in England and Wales, any person who receives education at a school or institution to which that section applies.”

78 After section 23 (other discrimination by local education authorities) there is inserted—

“23A Discrimination by Further Education and Higher Education Funding Councils

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 sex discrimination.”

79 (1) In section 25(6) (general duty in public sector of education)—

(a) in paragraph (c)(i), for “4A” there is substituted “3B”, and

(b) after paragraph (c) there is added—

“(d) the Further Education Funding Council for England and the Further Education Funding Council for Wales.”

(2) In relation to a further education corporation or a Further Education Funding Council the reference in section 25(2) to section 99 of the [1944 c. 31.] Education Act 1944 is to be read as a reference to section 57(3) of the Further and Higher Education Act 1992.

80 After section 26(3) (exception for single-sex establishments) there is added—

“(4) In this section, as it applies to an establishment in England and Wales, “pupil” includes any person who receives education at that establishment.”

81 After section 27(5) (exception for single-sex establishments turning co-educational) there is added—

“(6) In this section, as it applies to an establishment in England and Wales, “pupil” includes any person who receives education at that establishment.”

82 In section 82(1) (general interpretation provisions) in the definition of “further education”, for “section 41(2)(a) of the Education Act 1944” there is substituted “section 41(3) of the Education Act 1944 as read with section 14 of the Further and Higher Education Act 1992”.

83 For paragraph 4 of Schedule 2 (transitional exemption orders for educational admissions) there is substituted—

“4 Regulations under section 218 of the [1988 c. 40.] 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.”