Equality Act 2010

SCHEDULES

Section 6

SCHEDULE 1E+W+SDisability: supplementary provision

Part 1 E+W+SDetermination of disability

ImpairmentE+W+S

1E+W+SRegulations may make provision for a condition of a prescribed description to be, or not to be, an impairment.

Commencement Information

I1Sch. 1 para. 1 wholly in force at 1.10.2010; para. 1 not in force at Royal Assent see s. 216; para. 1 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Long-term effectsE+W+S

2(1)The effect of an impairment is long-term if—E+W+S

(a)it has lasted for at least 12 months,

(b)it is likely to last for at least 12 months, or

(c)it is likely to last for the rest of the life of the person affected.

(2)If an impairment ceases to have a substantial adverse effect on a person's ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur.

(3)For the purposes of sub-paragraph (2), the likelihood of an effect recurring is to be disregarded in such circumstances as may be prescribed.

(4)Regulations may prescribe circumstances in which, despite sub-paragraph (1), an effect is to be treated as being, or as not being, long-term.

Commencement Information

I2Sch. 1 para. 2 wholly in force at 1.10.2010; para. 2 not in force at Royal Assent see s. 216; para. 2 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Severe disfigurementE+W+S

3(1)An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities.E+W+S

(2)Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect.

(3)The regulations may, in particular, make provision in relation to deliberately acquired disfigurement.

Commencement Information

I3Sch. 1 para. 3 wholly in force at 1.10.2010; para. 3 not in force at Royal Assent see s. 216; para. 3 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Substantial adverse effectsE+W+S

4E+W+SRegulations may make provision for an effect of a prescribed description on the ability of a person to carry out normal day-to-day activities to be treated as being, or as not being, a substantial adverse effect.

Commencement Information

I4Sch. 1 para. 4 wholly in force at 1.10.2010; para. 4 not in force at Royal Assent see s. 216; para. 4 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Effect of medical treatmentE+W+S

5(1)An impairment is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if—E+W+S

(a)measures are being taken to treat or correct it, and

(b)but for that, it would be likely to have that effect.

(2)“Measures” includes, in particular, medical treatment and the use of a prosthesis or other aid.

(3)Sub-paragraph (1) does not apply—

(a)in relation to the impairment of a person's sight, to the extent that the impairment is, in the person's case, correctable by spectacles or contact lenses or in such other ways as may be prescribed;

(b)in relation to such other impairments as may be prescribed, in such circumstances as are prescribed.

Commencement Information

I5Sch. 1 para. 5 wholly in force at 1.10.2010; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Certain medical conditionsE+W+S

6(1)Cancer, HIV infection and multiple sclerosis are each a disability.E+W+S

(2)HIV infection is infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.

Deemed disabilityE+W+S

7(1)Regulations may provide for persons of prescribed descriptions to be treated as having disabilities.E+W+S

(2)The regulations may prescribe circumstances in which a person who has a disability is to be treated as no longer having the disability.

(3)This paragraph does not affect the other provisions of this Schedule.

Commencement Information

I6Sch. 1 para. 7 wholly in force at 1.10.2010; para. 7 not in force at Royal Assent see s. 216; para. 7 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Progressive conditionsE+W+S

8(1)This paragraph applies to a person (P) if—E+W+S

(a)P has a progressive condition,

(b)as a result of that condition P has an impairment which has (or had) an effect on P's ability to carry out normal day-to-day activities, but

(c)the effect is not (or was not) a substantial adverse effect.

(2)P is to be taken to have an impairment which has a substantial adverse effect if the condition is likely to result in P having such an impairment.

(3)Regulations may make provision for a condition of a prescribed description to be treated as being, or as not being, progressive.

Commencement Information

I7Sch. 1 para. 8 wholly in force at 1.10.2010; para. 8 not in force at Royal Assent see s. 216; para. 8 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Past disabilitiesE+W+S

9(1)A question as to whether a person had a disability at a particular time (“the relevant time”) is to be determined, for the purposes of section 6, as if the provisions of, or made under, this Act were in force when the act complained of was done had been in force at the relevant time.E+W+S

(2)The relevant time may be a time before the coming into force of the provision of this Act to which the question relates.

Part 2 E+W+SGuidance

PreliminaryE+W+S

10E+W+SThis Part of this Schedule applies in relation to guidance referred to in section 6(5).

Commencement Information

I8Sch. 1 para. 10 wholly in force at 1.10.2010; para. 10 not in force at Royal Assent see s. 216; para. 10 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

ExamplesE+W+S

11E+W+SThe guidance may give examples of—

(a)effects which it would, or would not, be reasonable, in relation to particular activities, to regard as substantial adverse effects;

(b)substantial adverse effects which it would, or would not, be reasonable to regard as long-term.

Commencement Information

I9Sch. 1 para. 11 wholly in force at 1.10.2010; para. 11 not in force at Royal Assent see s. 216; para. 11 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Adjudicating bodiesE+W+S

12(1)In determining whether a person is a disabled person, an adjudicating body must take account of such guidance as it thinks is relevant.E+W+S

(2)An adjudicating body is—

(a)a court;

(b)a tribunal;

(c)a person (other than a court or tribunal) who may decide a claim relating to a contravention of Part 6 (education).

RepresentationsE+W+S

13E+W+SBefore issuing the guidance, the Minister must—

(a)publish a draft of it;

(b)consider any representations made to the Minister about the draft;

(c)make such modifications as the Minister thinks appropriate in the light of the representations.

Commencement Information

I10Sch. 1 para. 13 wholly in force at 1.10.2010; para. 13 not in force at Royal Assent see s. 216; para. 13 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Parliamentary procedureE+W+S

14(1)If the Minister decides to proceed with proposed guidance, a draft of it must be laid before Parliament.E+W+S

(2)If, before the end of the 40-day period, either House resolves not to approve the draft, the Minister must take no further steps in relation to the proposed guidance.

(3)If no such resolution is made before the end of that period, the Minister must issue the guidance in the form of the draft.

(4)Sub-paragraph (2) does not prevent a new draft of proposed guidance being laid before Parliament.

(5)The 40-day period—

(a)begins on the date on which the draft is laid before both Houses (or, if laid before each House on a different date, on the later date);

(b)does not include a period during which Parliament is prorogued or dissolved;

(c)does not include a period during which both Houses are adjourned for more than 4 days.

Commencement Information

I11Sch. 1 para. 14 wholly in force at 1.10.2010; para. 14 not in force at Royal Assent see s. 216; para. 14 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

CommencementE+W+S

15E+W+SThe guidance comes into force on the day appointed by order by the Minister.

Commencement Information

I12Sch. 1 para. 15 wholly in force at 1.10.2010; para. 15 not in force at Royal Assent see s. 216; para. 15 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Revision and revocationE+W+S

16(1)The Minister may—E+W+S

(a)revise the whole or part of guidance and re-issue it;

(b)by order revoke guidance.

(2)A reference to guidance includes a reference to guidance which has been revised and re-issued.

Commencement Information

I13Sch. 1 para. 16 wholly in force at 1.10.2010; para. 16 not in force at Royal Assent see s. 216; para. 16 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Section 31

SCHEDULE 2E+W+SServices and public functions: reasonable adjustments

PreliminaryE+W+S

1E+W+SThis Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.

Commencement Information

I14Sch. 2 para. 1 wholly in force at 1.9.2012; para. 1 not in force at Royal assent see s. 216; para. 1 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 1 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)

The dutyE+W+S

2(1)A must comply with the first, second and third requirements.E+W+S

(2)For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally.

(3)Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted—

“(a)to avoid the disadvantage, or

(b)to adopt a reasonable alternative method of providing the service or exercising the function.”

(4)In relation to each requirement, the relevant matter is the provision of the service, or the exercise of the function, by A.

(5)Being placed at a substantial disadvantage in relation to the exercise of a function means—

(a)if a benefit is or may be conferred in the exercise of the function, being placed at a substantial disadvantage in relation to the conferment of the benefit, or

(b)if a person is or may be subjected to a detriment in the exercise of the function, suffering an unreasonably adverse experience when being subjected to the detriment.

(6)In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of providing the service or exercising the function, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies).

(7)If A is a service-provider, nothing in this paragraph requires A to take a step which would fundamentally alter—

(a)the nature of the service, or

(b)the nature of A's trade or profession.

(8)If A exercises a public function, nothing in this paragraph requires A to take a step which A has no power to take.

Commencement Information

I15Sch. 2 para. 2 wholly in force at 1.9.2012; para. 2 not in force at Royal assent see s. 216; para. 2 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 2 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)

Special provision about transportE+W+S

3(1)This paragraph applies where A is concerned with the provision of a service which involves transporting people by land, air or water.E+W+S

(2)It is never reasonable for A to have to take a step which would—

(a)involve the alteration or removal of a physical feature of a vehicle used in providing the service;

(b)affect whether vehicles are provided;

(c)affect what vehicles are provided;

(d)affect what happens in the vehicle while someone is travelling in it.

(3)But, for the purpose of complying with the first or third requirement, A may not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is—

(a)a hire-vehicle designed and constructed for the carriage of passengers, comprising more than 8 seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes,

(b)a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes,

(c)a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998 (or under a provision of a local Act corresponding to either of those provisions),

(d)a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982),

(e)a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981),

(f)a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992),

(g)a taxi,

(h)a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or

(i)a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992).

(4)In so far as the second requirement requires A to adopt a reasonable alternative method of providing the service to disabled persons, A may not, for the purpose of complying with the requirement, rely on sub-paragraph (2)(b), (c) or (d) if the vehicle is within sub-paragraph (3)(h).

(5)A may not, for the purpose of complying with the first, second or third requirement rely on sub-paragraph (2) of this paragraph if A provides the service by way of a hire-vehicle built to carry no more than 8 passengers.

(6)For the purposes of sub-paragraph (5) in its application to the second requirement, a part of a vehicle is to be regarded as a physical feature if it requires alteration in order to facilitate the provision of—

(a)hand controls to enable a disabled person to operate braking and accelerator systems in the vehicle, or

(b)facilities for the stowage of a wheelchair.

(7)For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical systems are not physical features; and for the purposes of sub-paragraph (6)(b), fixed seating is not a physical feature.

(8)In the case of a vehicle within sub-paragraph (3), a relevant device is not an auxiliary aid for the purposes of the third requirement.

(9)A relevant device is a device or structure, or equipment, the installation, operation or maintenance of which would necessitate making a permanent alteration to, or which would have a permanent effect on, the internal or external fabric of the vehicle.

(10)Regulations may amend this paragraph so as to provide for sub-paragraph (2) not to apply, or to apply only so far as is prescribed, in relation to vehicles of a prescribed description.

Commencement Information

I16Sch. 2 para. 3 wholly in force at 1.9.2012; para. 3 not in force at Royal assent see s. 216; para. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 3 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)

InterpretationE+W+S

4(1)This paragraph applies for the purposes of paragraph 3.E+W+S

(2)A “hire-vehicle” is a vehicle hired (by way of a trade) under a hiring agreement to which section 66 of the Road Traffic Offenders Act 1988 applies.

(3)A “taxi”, in England and Wales, is a vehicle—

(a)licensed under section 37 of the Town Police Clauses Act 1847,

(b)licensed under section 6 of the Metropolitan Public Carriage Act 1869, or

(c)drawn by one or more persons or animals.

(4)A “taxi”, in Scotland, is—

(a)a hire car engaged, by arrangements made in a public place between the person to be transported (or a person acting on that person's behalf) and the driver, for a journey starting there and then, or

(b)a vehicle drawn by one or more persons or animals.

Commencement Information

I17Sch. 2 para. 4 wholly in force at 1.9.2012; para. 4 not in force at Royal assent see s. 216; para. 4 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 4 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)

Section 31

SCHEDULE 3E+W+SServices and public functions: exceptions

Part 1E+W+SConstitutional matters

ParliamentE+W+S

1(1)Section 29 does not apply to the exercise of—E+W+S

(a)a function of Parliament;

(b)a function exercisable in connection with proceedings in Parliament.

(2)Sub-paragraph (1) does not permit anything to be done to or in relation to an individual unless it is done by or in pursuance of a resolution or other deliberation of either House or of a Committee of either House.

Commencement Information

I18Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

LegislationE+W+S

2(1)Section 29 does not apply to preparing, making or considering—E+W+S

(a)an Act of Parliament;

(b)a Bill for an Act of Parliament;

(c)an Act of the Scottish Parliament;

(d)a Bill for an Act of the Scottish Parliament;

(e)an Act of the National Assembly for Wales;

(f)a Bill for an Act of the National Assembly for Wales.

(2)Section 29 does not apply to preparing, making, approving or considering—

(a)a Measure of the National Assembly for Wales;

(b)a proposed Measure of the National Assembly for Wales.

(3)Section 29 does not apply to preparing, making, confirming, approving or considering an instrument which is made under an enactment by—

(a)a Minister of the Crown;

(b)the Scottish Ministers or a member of the Scottish Executive;

(c)the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

(4)Section 29 does not apply to preparing, making, confirming, approving or considering an instrument to which paragraph 6(a) of Schedule 2 to the Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts of Synod, orders, etc.) applies.

(5)Section 29 does not apply to anything done in connection with the preparation, making, consideration, approval or confirmation of an instrument made by—

(a)Her Majesty in Council;

(b)the Privy Council.

(6)Section 29 does not apply to anything done in connection with the imposition of a requirement or condition which comes within Schedule 22 (statutory provisions).

Commencement Information

I19Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Judicial functionsE+W+S

3(1)Section 29 does not apply to—E+W+S

(a)a judicial function;

(b)anything done on behalf of, or on the instructions of, a person exercising a judicial function;

(c)a decision not to commence or continue criminal proceedings;

(d)anything done for the purpose of reaching, or in pursuance of, a decision not to commence or continue criminal proceedings.

(2)A reference in sub-paragraph (1) to a judicial function includes a reference to a judicial function conferred on a person other than a court or tribunal.

Commencement Information

I20Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Armed forcesE+W+S

4(1)Section 29(6), so far as relating to relevant discrimination, does not apply to anything done for the purpose of ensuring the combat effectiveness of the armed forces.E+W+S

(2)“Relevant discrimination” is—

(a)age discrimination;

(b)disability discrimination;

(c)gender reassignment discrimination;

(d)sex discrimination.

Commencement Information

I21Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Security services, etc.E+W+S

5E+W+SSection 29 does not apply to—

(a)the Security Service;

(b)the Secret Intelligence Service;

(c)the Government Communications Headquarters;

(d)a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

Commencement Information

I22Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 2E+W+SEducation

6E+W+SIn its application to a local authority in England and Wales, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to—

(a)the exercise of the authority's functions under section 14 of the Education Act 1996 (provision of schools);

(b)the exercise of its function under section 13 of that Act in so far as it relates to a function of its under section 14 of that Act.

Commencement Information

I23Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

7E+W+SIn its application to an education authority, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to—

(a)the exercise of the authority's functions under section 17 of the Education (Scotland) Act 1980 (provision of schools);

(b)the exercise of its functions under section 1 of that Act, section 2 of the Standards in Scotland's Schools etc. Act 2000 (asp 6) or section 4 or 5 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (general responsibility for education) in so far as it relates to a matter specified in paragraph (a);

(c)the exercise of its functions under subsection (1) of section 50 of the Education (Scotland) Act 1980 (education of pupils in exceptional circumstances) in so far as it consists of making arrangements of the description referred to in subsection (2) of that section.

Commencement Information

I24Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

8(1)In its application to a local authority in England and Wales or an education authority, section 29, so far as relating to sex discrimination, does not apply to the exercise of the authority's functions in relation to the establishment of a school.E+W+S

(2)But nothing in sub-paragraph (1) is to be taken as disapplying section 29 in relation to the exercise of the authority's functions under section 14 of the Education Act 1996 or section 17 of the Education (Scotland) Act 1980.

Commencement Information

I25Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

9E+W+SSection 29, so far as relating to age discrimination, does not apply in relation to anything done in connection with—

(a)the curriculum of a school,

(b)admission to a school,

(c)transport to or from a school, or

(d)the establishment, alteration or closure of schools.

Commencement Information

I26Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

10(1)Section 29, so far as relating to disability discrimination, does not require a local authority in England or Wales exercising functions under the Education Acts or an education authority exercising relevant functions to remove or alter a physical feature.E+W+S

(2)Relevant functions are functions under—

(a)the Education (Scotland) Act 1980,

(b)the Education (Scotland) Act 1996,

(c)the Standards in Scotland's Schools etc. Act 2000, or

(d)the Education (Additional Support for Learning) (Scotland) Act 2004.

Commencement Information

I27Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

11E+W+SSection 29, so far as relating to religious or belief-related discrimination, does not apply in relation to anything done in connection with—

(a)the curriculum of a school;

(b)admission to a school which has a religious ethos;

(c)acts of worship or other religious observance organised by or on behalf of a school (whether or not forming part of the curriculum);

(d)the responsible body of a school which has a religious ethos;

(e)transport to or from a school;

(f)the establishment, alteration or closure of schools.

Commencement Information

I28Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

12E+W+SThis Part of this Schedule is to be construed in accordance with Chapter 1 of Part 6.

Commencement Information

I29Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 3E+W+SHealth and care

Blood servicesE+W+S

13(1)A person operating a blood service does not contravene section 29 only by refusing to accept a donation of an individual's blood if—E+W+S

(a)the refusal is because of an assessment of the risk to the public, or to the individual, based on clinical, epidemiological or other data obtained from a source on which it is reasonable to rely, and

(b)the refusal is reasonable.

(2)A blood service is a service for the collection and distribution of human blood for the purposes of medical services.

(3)“Blood” includes blood components.

Commencement Information

I30Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Health and safetyE+W+S

14(1)A service-provider (A) who refuses to provide the service to a pregnant woman does not discriminate against her in contravention of section 29 because she is pregnant if—E+W+S

(a)A reasonably believes that providing her with the service would, because she is pregnant, create a risk to her health or safety,

(b)A refuses to provide the service to persons with other physical conditions, and

(c)the reason for that refusal is that A reasonably believes that providing the service to such persons would create a risk to their health or safety.

(2)A service-provider (A) who provides, or offers to provide, the service to a pregnant woman on conditions does not discriminate against her in contravention of section 29 because she is pregnant if—

(a)the conditions are intended to remove or reduce a risk to her health or safety,

(b)A reasonably believes that the provision of the service without the conditions would create a risk to her health or safety,

(c)A imposes conditions on the provision of the service to persons with other physical conditions, and

(d)the reason for the imposition of those conditions is that A reasonably believes that the provision of the service to such persons without those conditions would create a risk to their health or safety.

Commencement Information

I31Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Care within the familyE+W+S

15E+W+SA person (A) does not contravene section 29 only by participating in arrangements under which (whether or not for reward) A takes into A's home, and treats as members of A's family, persons requiring particular care and attention.

Commencement Information

I32Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 4E+W+SImmigration

[F1AgeE+W+S

Textual Amendments

F1Sch. 3 para. 15A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 2

15A(1)This paragraph applies in relation to age discrimination.E+W+S

(2)Section 29 does not apply to anything done by a relevant person in the exercise of [F2relevant functions].

(3)A relevant person is —

(a)a Minister of the Crown acting personally, or

(b)a person acting in accordance with a relevant authorisation.

(4)A relevant authorisation is a requirement imposed or express authorisation given—

(a)with respect to a particular case or class of case, [F3by or under anything mentioned in sub-paragraph (5)(a) to (c)];

(b)with respect to a particular class of case, by a relevant enactment or by an instrument made under or by virtue of a relevant enactment.

(5)[F4“Relevant functions” means functions exercisable by virtue of ] —

(a)the Immigration Acts,

(b)the Special Immigration Appeals Commission Act 1997, [F5or]

(c)[F6anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and] relates to immigration or asylum. F7...

F7(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—

(a) sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc. ), or

(b) section 14 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (power of arrest). ]

Textual Amendments

DisabilityE+W+S

16(1)This paragraph applies in relation to disability discrimination.E+W+S

(2)Section 29 does not apply to—

(a)a decision within sub-paragraph (3);

(b)anything done for the purposes of or in pursuance of a decision within that sub-paragraph.

(3)A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) to do any of the following on the ground that doing so is necessary for the public good—

(a)to refuse entry clearance;

(b)to refuse leave to enter or remain in the United Kingdom;

(c)to cancel leave to enter or remain in the United Kingdom;

(d)to vary leave to enter or remain in the United Kingdom;

(e)to refuse an application to vary leave to enter or remain in the United Kingdom.

(4)Section 29 does not apply to—

(a)a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3);

(b)a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within that sub-paragraph.

Commencement Information

I33Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Nationality and ethnic or national originsE+W+S

17(1)This paragraph applies in relation to race discrimination so far as relating to—E+W+S

(a)nationality, or

(b)ethnic or national origins.

(2)Section 29 does not apply to anything done by a relevant person in the exercise of [F8relevant functions].

(3)A relevant person is—

(a)a Minister of the Crown acting personally, or

(b)a person acting in accordance with a relevant authorisation.

(4)A relevant authorisation is a requirement imposed or express authorisation given—

(a)with respect to a particular case or class of case, by a Minister of the Crown acting personally;

(b)with respect to a particular class of case, [F9by or under anything mentioned in sub-paragraph (5)(a) to (c)].

(5)[F10“Relevant functions” means functions exercisable by virtue of ] —

(a)the Immigration Acts,

(b)the Special Immigration Appeals Commission Act 1997, [F11or]

(c)[F12anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and] relates to immigration or asylum.F13...

F13(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—

(a)sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc.), or

(b)section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (power of arrest).

Textual Amendments

Commencement Information

I34Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Religion or beliefE+W+S

18(1)This paragraph applies in relation to religious or belief-related discrimination.E+W+S

(2)Section 29 does not apply to a decision within sub-paragraph (3) or anything done for the purposes of or in pursuance of a decision within that sub-paragraph.

(3)A decision is within this sub-paragraph if it is a decision taken in accordance with immigration rules—

(a)to refuse entry clearance or leave to enter the United Kingdom, or to cancel leave to enter or remain in the United Kingdom, on the grounds that the exclusion of the person from the United Kingdom is conducive to the public good, or

(b)to vary leave to enter or remain in the United Kingdom, or to refuse an application to vary leave to enter or remain in the United Kingdom, on the grounds that it is undesirable to permit the person to remain in the United Kingdom.

(4)Section 29 does not apply to a decision within sub-paragraph (5), or anything done for the purposes of or in pursuance of a decision within that sub-paragraph, if the decision is taken on grounds mentioned in sub-paragraph (6).

(5)A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) in connection with an application for entry clearance or for leave to enter or remain in the United Kingdom.

(6)The grounds referred to in sub-paragraph (4) are—

(a)the grounds that a person holds an office or post in connection with a religion or belief or provides a service in connection with a religion or belief,

(b)the grounds that a religion or belief is not to be treated in the same way as certain other religions or beliefs, or

(c)the grounds that the exclusion from the United Kingdom of a person to whom paragraph (a) applies is conducive to the public good.

(7)Section 29 does not apply to—

(a)a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3) or (5);

(b)a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within either of those sub-paragraphs.

Commencement Information

I35Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

InterpretationE+W+S

19E+W+SA reference to entry clearance, leave to enter or remain or immigration rules is to be construed in accordance with the Immigration Act 1971.

Commencement Information

I36Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 5E+W+S[F14Insurance and other financial services]

Textual Amendments

F14Sch. 3 Pt. 5 heading substituted (1.10.2012) by virtue of The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 3

Services arranged by employerE+W+S

20(1)Section 29 does not apply to the provision of a relevant financial service if the provision is in pursuance of arrangements made by an employer for the service-provider to provide the service to the employer's employees, and other persons, as a consequence of the employment.E+W+S

(2)“Relevant financial service” means—

(a)insurance or a related financial service, or

(b)a service relating to membership of or benefits under a personal pension scheme (within the meaning given by section 1 of the Pension Schemes Act 1993).

Commencement Information

I37Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F15AgeE+W+S

Textual Amendments

F15Sch. 3 para. 20A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 3

20A(1)A person (A) does not contravene section 29, so far as relating to age discrimination, by doing anything in connection with the provision of a financial service.E+W+S

(2)Where A conducts an assessment of risk for the purposes of providing the financial service to another person (B), A may rely on sub-paragraph (1) only if the assessment of risk, so far as it involves a consideration of B's age, is carried out by reference to information which is relevant to the assessment of risk and from a source on which it is reasonable to rely.

(3) In this paragraph, “ financial service ” includes a service of a banking, credit, insurance, personal pension, investment or payment nature. ]

DisabilityE+W+S

21(1)It is not a contravention of section 29, so far as relating to disability discrimination, to do anything in connection with insurance business if—E+W+S

(a)that thing is done by reference to information that is both relevant to the assessment of the risk to be insured and from a source on which it is reasonable to rely, and

(b)it is reasonable to do that thing.

(2)“Insurance business” means business which consists of effecting or carrying out contracts of insurance; and that definition is to be read with—

(a)section 22 of the Financial Services and Markets Act 2000,

(b)any relevant order under that Act, and

(c)Schedule 2 to that Act.

Commencement Information

I38Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Sex, gender reassignment, pregnancy and maternityE+W+S

22E+W+SF16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Sch. 3 para. 22 omitted (21.12.2012) by virtue of The Equality Act 2010 (Amendment) Regulations 2012 (S.I. 2012/2992), reg. 2 (with reg. 3)

Commencement Information

I39Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Existing insurance policiesE+W+S

23(1)It is not a contravention of section 29, so far as relating to relevant discrimination, to do anything in connection with insurance business in relation to an existing insurance policy.E+W+S

(2)“Relevant discrimination” is—

(a)age discrimination;

(b)disability discrimination;

(c)gender reassignment discrimination;

(d)pregnancy and maternity discrimination;

(e)race discrimination;

(f)religious or belief-related discrimination;

(g)sex discrimination;

(h)sexual orientation discrimination.

(3)An existing insurance policy is a policy of insurance entered into before the date on which this paragraph comes into force.

(4)Sub-paragraph (1) does not apply where an existing insurance policy was renewed, or the terms of such a policy were reviewed, on or after the date on which this paragraph comes into force.

(5)A review of an existing insurance policy which was part of, or incidental to, a general reassessment by the service-provider of the pricing structure for a group of policies is not a review for the purposes of sub-paragraph (4).

(6)“Insurance business” has the meaning given in paragraph 21.

Commencement Information

I40Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 6E+W+S[F17Marriage: gender reassignment]

Textual Amendments

Gender reassignment: England and WalesE+W+S

24(1)A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in reliance on section 5B of the Marriage Act 1949 (solemnisation of marriages involving person of acquired gender).E+W+S

(2)A person (A) whose consent to the solemnisation of the marriage of a person (B) is required under section 44(1) of the Marriage Act 1949 (solemnisation in registered building) does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to consent if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004.

(3)Sub-paragraph (4) applies to a person (A) who may, in a case that comes within the Marriage Act 1949 (other than the case mentioned in sub-paragraph (1)), solemnise marriages according to a form, rite or ceremony of a body of persons who meet for religious worship.

(4)A does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to solemnise, in accordance with a form, rite or ceremony as described in sub-paragraph (3), the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004.

Commencement Information

I41Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F18PART 6ZAE+W+SMARRIAGE AND CIVIL PARTNERSHIP: SCOTLAND]

Textual Amendments

Gender reassignment: ScotlandE+W+S

25(1)An approved celebrant (A) does not contravene section 29, so far as relating to gender reassignment discrimination, only by refusing to solemnise the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004.E+W+S

(2)In sub-paragraph (1) “approved celebrant” has the meaning given in section 8(2)(a) of the Marriage (Scotland) Act 1977 (persons who may solemnise marriage).

[F19(3)An approved celebrant (A) does not contravene section 29, so far as relating to gender reassignment discrimination, only by refusing to register the civil partnership of a person (B) if A reasonably believes that B’s gender has become the acquired gender under the Gender Recognition Act 2004.

(4)In sub-paragraph (3) “approved celebrant” has the meaning given in section 94A(4)(a) of the Civil Partnership Act 2004.]

Textual Amendments

Commencement Information

I42Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F20PART 6AE+W+SMarriage of same sex couples [F21and Civil Partnership] in England and Wales

Textual Amendments

F21Words in Sch. 3 Pt. 6A heading inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 10(3)(a)

Marriage according to religious rites: no compulsion to solemnize etc E+W+S

25A(1)A person does not contravene section 29 only because the person—

(a)does not conduct a relevant marriage,

(b)is not present at, does not carry out, or does not otherwise participate in, a relevant marriage, or

(c)does not consent to a relevant marriage being conducted,

for the reason that the marriage is the marriage of a same sex couple.

(2)Expressions used in this paragraph and in section 2 of the Marriage (Same Sex Couples) Act 2013 have the same meanings in this paragraph as in that section.]

No compulsion for religious organisations or persons acting on their behalf to act in relation to civil partnershipsE+W+S

[F2225AA.(1)A protected person does not contravene section 29 only because the person—

(a)does not allow religious premises to be used as the place at which two people register as civil partners of each other under Part 2 of the Civil Partnership Act 2004 (“the 2004 Act”), or

(b)does not provide, arrange, facilitate or participate in, or is not present at—

(i)an occasion during which two people register as civil partners of each other on religious premises under Part 2 of the 2004 Act, or

(ii)a ceremony or event in England or Wales to mark the formation of a civil partnership,

for the reason that the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex.

(2)An employer or principal does not contravene section 29 only because the employer or principal is treated under section 109 as doing something that does not, by virtue of sub-paragraph (1), amount to a contravention of section 29 by the employee or agent who in fact does it.

(3)In this paragraph—

  • “protected person” has the meaning given by section 30ZA(2) of the 2004 Act;

  • “religious premises” has the meaning given by section 6A(3C) of the 2004 Act.]

Textual Amendments

[F23PART 6BE+W+S[F24CIVIL PARTNERSHIP, MARRIAGE OF SAME SEX COUPLES AND MARRIAGE OF CIVIL PARTNERS: SCOTLAND]

Textual Amendments

[F25Marriage and civil partnership: Scotland]E+W+S

25B(1)An approved celebrant does not contravene section 29 only by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex.

[F26(1A)An approved celebrant does not contravene section 29 only by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the opposite sex who are in a civil partnership with each other.]

(2)An approved celebrant does not contravene section 29 only by refusing to register a relevant Scottish civil partnership for the reason that [F27the approved celebrant does not wish to register civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sex].

(3)A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the solemnising of a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex.

[F28(3A)A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the solemnising of a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other.]

(4)A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the registration of a relevant Scottish civil partnership for the reason that [F29the person does not wish to participate in such ceremonies in relation to civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sex].

(5)For the purposes of this paragraph, a person is an approved celebrant for the purposes of both marriage and civil partnership whether the person is an approved celebrant within the meaning of section 8(2)(a) of the Marriage (Scotland) Act 1977 or section 94A(4)(a) of the Civil Partnership Act 2004.

(6)In this paragraph—

  • “relevant Scottish civil partnership” means a religious or belief civil partnership within the meaning of section 94A(4)(b) of the Civil Partnership Act 2004;

  • “relevant Scottish marriage” means a religious or belief marriage F30... within the meaning of section 8(2)(a) of the Marriage (Scotland) Act 1977.

Textual Amendments

Marriage of same sex couples: Scottish forces marriagesE+W+S

25C(1)A chaplain does not contravene section 29 only by refusing to solemnise a relevant Scottish forces marriage according to religious rites or usages for the reason that the marriage is the marriage of two persons of the same sex.

(2)In this paragraph—

  • “chaplain” has the meaning given by paragraph (a) of the definition of “authorised person” in paragraph 12(2) of Schedule 6 to the Marriage (Same Sex Couples) Act 2013;

  • “forces marriage” has the meaning given by paragraph 12(2) of Schedule 6 to the Marriage (Same Sex Couples) Act 2013;

  • “relevant Scottish forces marriage” means a forces marriage of two persons of the same sex where Scotland is the relevant part of the United Kingdom within the meaning of paragraph 12 of Schedule 6 to the Marriage (Same Sex Couples) Act 2013.]

Part 7E+W+S [F31 Separate, single and concessionary services, etc]

Textual Amendments

F31Sch. 3 Pt. 7 heading substituted (1.10.2012) by virtue of The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 4

Separate services for the sexesE+W+S

26(1)A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services for persons of each sex if—E+W+S

(a)a joint service for persons of both sexes would be less effective, and

(b)the limited provision is a proportionate means of achieving a legitimate aim.

(2)A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services differently for persons of each sex if—

(a)a joint service for persons of both sexes would be less effective,

(b)the extent to which the service is required by one sex makes it not reasonably practicable to provide the service otherwise than as a separate service provided differently for each sex, and

(c)the limited provision is a proportionate means of achieving a legitimate aim.

(3)This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service.

Commencement Information

I43Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Single-sex servicesE+W+S

27(1)A person does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex if—E+W+S

(a)any of the conditions in sub-paragraphs (2) to (7) is satisfied, and

(b)the limited provision is a proportionate means of achieving a legitimate aim.

(2)The condition is that only persons of that sex have need of the service.

(3)The condition is that—

(a)the service is also provided jointly for persons of both sexes, and

(b)the service would be insufficiently effective were it only to be provided jointly.

(4)The condition is that—

(a)a joint service for persons of both sexes would be less effective, and

(b)the extent to which the service is required by persons of each sex makes it not reasonably practicable to provide separate services.

(5)The condition is that the service is provided at a place which is, or is part of—

(a)a hospital, or

(b)another establishment for persons requiring special care, supervision or attention.

(6)The condition is that—

(a)the service is provided for, or is likely to be used by, two or more persons at the same time, and

(b)the circumstances are such that a person of one sex might reasonably object to the presence of a person of the opposite sex.

(7)The condition is that—

(a)there is likely to be physical contact between a person (A) to whom the service is provided and another person (B), and

(b)B might reasonably object if A were not of the same sex as B.

(8)This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service.

Commencement Information

I44Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Gender reassignmentE+W+S

28(1)A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim.E+W+S

(2)The matters are—

(a)the provision of separate services for persons of each sex;

(b)the provision of separate services differently for persons of each sex;

(c)the provision of a service only to persons of one sex.

Commencement Information

I45Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Services relating to religionE+W+S

29(1)A minister does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex or separate services for persons of each sex, if—E+W+S

(a)the service is provided for the purposes of an organised religion,

(b)it is provided at a place which is (permanently or for the time being) occupied or used for those purposes, and

(c)the limited provision of the service is necessary in order to comply with the doctrines of the religion or is for the purpose of avoiding conflict with the strongly held religious convictions of a significant number of the religion's followers.

(2)The reference to a minister is a reference to a minister of religion, or other person, who—

(a)performs functions in connection with the religion, and

(b)holds an office or appointment in, or is accredited, approved or recognised for purposes of, a relevant organisation in relation to the religion.

(3)An organisation is a relevant organisation in relation to a religion if its purpose is—

(a)to practise the religion,

(b)to advance the religion,

(c)to teach the practice or principles of the religion,

(d)to enable persons of the religion to receive benefits, or to engage in activities, within the framework of that religion, or

(e)to foster or maintain good relations between persons of different religions.

(4)But an organisation is not a relevant organisation in relation to a religion if its sole or main purpose is commercial.

Commencement Information

I46Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Services generally provided only for persons who share a protected characteristicE+W+S

30E+W+SIf a service is generally provided only for persons who share a protected characteristic, a person (A) who normally provides the service for persons who share that characteristic does not contravene section 29(1) or (2)—

(a)by insisting on providing the service in the way A normally provides it, or

(b)if A reasonably thinks it is impracticable to provide the service to persons who do not share that characteristic, by refusing to provide the service.

Commencement Information

I47Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F32ConcessionsE+W+S

Textual Amendments

F32Sch. 3 para. 30A and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 4

30A(1)A person does not contravene section 29, so far as relating to age discrimination, by giving a concession in respect of a service to persons of a particular age group.E+W+S

(2)The reference to a concession in respect of a service is a reference to a benefit, right or privilege having the effect that the manner in which the service is provided is, or the terms on which it is provided are, more favourable than the manner in which, or the terms on which, it is usually provided to the public (or, where it is provided to a section of the public, that section).]

[F33Age related holidaysE+W+S

Textual Amendments

F33Sch. 3 para. 30B and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 5

30B(1)A person (P) does not contravene section 29, so far as relating to age discrimination, by providing a relevant holiday service to persons of a particular age group.E+W+S

(2) In sub-paragraph (1) “ relevant holiday service ” means a service—

(a)which involves the provision of at least two of the following together for a single price—

(i)travel;

(ii)accommodation;

(iii)access to activities or services not ancillary to travel or accommodation which form a significant part of the service or its cost;

(b)the provision of which is for a period of more than 24 hours or includes the provision of overnight accommodation;

(c)which P provides only to persons of the age group in question; and

(d)an essential feature of which is the bringing together of persons of that age group with a view to facilitating their enjoyment of facilities or services designed with particular regard to persons of that age group.

(3)P may not rely on sub-paragraph (1) unless, before providing a person with a relevant holiday service, P provides the person with a written statement that the service is provided only to persons of the age group in question.

(4) For the purpose of sub-paragraph (2)(a)(i), “ travel ” includes an option for an individual to make alternative travel arrangements to those included in the relevant holiday service as offered by P. ]

[F34Age restricted servicesE+W+S

Textual Amendments

F34Sch. 3 para. 30C and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 6

30C(1)This paragraph applies where a person (P)—E+W+S

(a)provides a service the provision of which is prohibited by or under an enactment to persons under the age specified in or under the enactment (“the statutory age”), and

(b)displays on the premises on which the service is provided an age warning in relation to the provision of the service.

(2)An age warning in relation to the provision of a service is a statement to the effect that the service will not be provided to a person who—

(a)appears to P, or an employee or agent of P's, to be under the age specified in the statement, and

(b)on being required to do so by P or the employee or agent, fails to produce satisfactory identification.

(3)P does not contravene section 29, so far as relating to age discrimination, by not providing the service to a person, who—

(a)appears to P, or an employee or agent of P's, to be under the age specified in the age warning in relation to the provision of the service, and

(b)on being required to do so by P or the employee or agent, fails to produce satisfactory identification.

(4)In this paragraph—

(a)a reference to the provision of a service includes a reference to provision of access to the service, and

(b) “ satisfactory identification ”, in relation to a person, means a valid document which—

(i)in the case of licensed premises where an age condition applies, meets that condition, and

(ii)in any other case includes a photograph of the person and establishes that the person has attained the statutory age in relation to the provision of a service;

  • “ licensed premises ” means premises in respect of which a relevant premises licence within the meaning of section 19A of the Licensing Act 2003 (mandatory conditions where alcohol sold) has effect; and

  • “ age condition ” means a condition specified in an order under subsection (1) of section 19A of that Act requiring the age of certain persons to be verified in the manner specified in the condition before they are served alcohol in premises where the condition applies. ]

[F35Residential mobile homesE+W+S

Textual Amendments

F35Sch. 3 para. 30D and cross-heading inserted (1.10.2012) by The Equality Act 2010 (Age Exceptions) Order 2012 (S.I. 2012/2466), art. 7

30D(1)A person (A) who is the owner of a protected site does not contravene section 29, so far as relating to age discrimination, by—E+W+S

(a)entering into a mobile home agreement with a person (B) that entitles only persons who have attained a particular age to station and occupy a mobile home on land forming part of the site, or

(b)refusing to permit assignment by B of a mobile home agreement to any person other than a person who has attained a particular age.

(2)A does not contravene section 29, so far as relating to age discrimination, by imposing a requirement in park rules that mobile homes stationed on land forming part of the site and occupied under mobile home agreements may be occupied only by persons who have attained a particular age.

(3)A does not contravene section 29, so far as relating to age discrimination, by—

(a)imposing in or under a mobile home rental agreement with a person (C) a requirement that the mobile home to which the agreement relates may be occupied only by persons who have attained a particular age, or

(b)refusing to permit assignment by C of a mobile home rental agreement to any person other than a person who has attained a particular age.

(4)But A may not rely on sub-paragraph (1) or (3) unless, before doing something mentioned in that sub-paragraph, A provides B or C, as the case may be, with a written statement to the effect that the mobile home in question may be occupied only by persons who have attained the age in question.

(5)In this paragraph,

  • “ mobile home agreement ” means an agreement to which the Mobile Homes Act 1983 [F36 or Part 4 of the Mobile Homes (Wales) Act 2013 ] applies; and “ owner ”, “ protected site ” and “ mobile home ” have the same meaning as in that Act [F37 or that Part of that Act ] ;

  • “ park rules ” means rules applying to residents of mobile homes on the protected site and required to be observed by a term in the mobile home agreement or the mobile home rental agreement as the case may be;

  • “ mobile home rental agreement ” means an agreement (other than an arrangement to occupy a mobile home for the purposes of a holiday) under which a person (“ the occupier ”) is entitled to occupy a mobile home on the protected site as the occupier's residence whether for a specified period or for successive periods of a specified duration subject to payment of money and the performance of other obligations. ]

Textual Amendments

F36Words in Sch. 3 para. 30D(5) inserted (E.W.) (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 11(a) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2))

F37Words in Sch. 3 para. 30D(5) inserted (E.W.) (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6), s. 64(1), Sch. 4 para. 11(b) (with Sch. 5 para. 7) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11, art. 3(2))

Part 8E+W+STelevision, radio and on-line broadcasting and distribution

31(1)Section 29 does not apply to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003).E+W+S

(2)Sub-paragraph (1) does not apply to the provision of an electronic communications network, electronic communications service or associated facility (each of which has the same meaning as in that Act).

Commencement Information

I48Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 9E+W+STransport

Application to disabilityE+W+S

32E+W+SThis Part of this Schedule applies in relation to disability discrimination.

Commencement Information

I49Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Transport by airE+W+S

33(1)Section 29 does not apply to—E+W+S

(a)transporting people by air;

(b)a service provided on a vehicle for transporting people by air.

(2)Section 29 does not apply to anything governed by Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

Commencement Information

I50Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F38Transport by land: road]E+W+S

Textual Amendments

34(1)Section 29 does not apply to transporting people by land, unless the vehicle concerned is—E+W+S

(a)a hire-vehicle designed and constructed for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat,

(b)a hire-vehicle designed and constructed for the carriage of passengers, comprising more than 8 seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes,

(c)a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes,

(d)a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998 (or under a provision of a local Act corresponding to either of those provisions),

(e)a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982),

(f)a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981),

(g)a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992),

(h)a taxi,

(i)a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or

(j)a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992).

[F39(1A) Sections 20 to 22 and section 29 do not apply to anything that is governed by Regulation ( EU ) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 . ]

(2)Paragraph 4 of Schedule 2 applies for the purposes of this paragraph as it applies for the purposes of paragraph 3 of that Schedule.

Textual Amendments

Commencement Information

I51Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F40Transport by land: railE+W+S

Textual Amendments

34AE+W+S Section 29 does not apply to anything governed by Regulation ( EC ) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations. ] M1

Marginal Citations

M1OJ No. L315, 3.12.2007, p.14.

Part 10E+W+SSupplementary

Power to amendE+W+S

35(1)A Minister of the Crown may by order amend this Schedule—E+W+S

(a)so as to add, vary or omit an exception to section 29, so far as relating to disability, religion or belief or sexual orientation;

(b)so as to add, vary or omit an exception to section 29(6), so far as relating to gender reassignment, pregnancy and maternity, race or sex.

(2)But provision by virtue of sub-paragraph (1) may not amend this Schedule—

(a)so as to omit an exception in paragraph 1, 2 or 3;

(b)so as to reduce the extent to which an exception in paragraph 1, 2 or 3 applies.

(3)For the purposes of an order under sub-paragraph (1)(a), so far as relating to disability, which makes provision in relation to transport by air, it does not matter whether the transport is within or outside the United Kingdom.

(4)Before making an order under this paragraph the Minister must consult the Commission.

(5)Nothing in this paragraph affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

Commencement Information

I52Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Section 38

SCHEDULE 4E+W+SPremises: reasonable adjustments

PreliminaryE+W+S

1E+W+SThis Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.

The duty in relation to let premisesE+W+S

2(1)This paragraph applies where A is a controller of let premises.E+W+S

(2)A must comply with the first and third requirements.

(3)For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to a term of the letting.

(4)For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who—

(a)is a tenant of the premises, or

(b)is otherwise entitled to occupy them.

(5)In relation to each requirement, the relevant matters are—

(a)the enjoyment of the premises;

(b)the use of a benefit or facility, entitlement to which arises as a result of the letting.

(6)Sub-paragraph (2) applies only if A receives a request from or on behalf of the tenant or a person entitled to occupy the premises to take steps to avoid the disadvantage or provide the auxiliary aid.

(7)If a term of the letting that prohibits the tenant from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the tenant to make alterations to the let premises so as to avoid the disadvantage.

(8)It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature.

(9)For the purposes of this paragraph, physical features do not include furniture, furnishings, materials, equipment or other chattels in or on the premises; and none of the following is an alteration of a physical feature—

(a)the replacement or provision of a sign or notice;

(b)the replacement of a tap or door handle;

(c)the replacement, provision or adaptation of a door bell or door entry system;

(d)changes to the colour of a wall, door or any other surface.

(10)The terms of a letting include the terms of an agreement relating to it.

The duty in relation to premises to letE+W+S

3(1)This paragraph applies where A is a controller of premises to let.E+W+S

(2)A must comply with the first and third requirements.

(3)For the purposes of this paragraph, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who is considering taking a letting of the premises.

(4)In relation to each requirement, the relevant matter is becoming a tenant of the premises.

(5)Sub-paragraph (2) applies only if A receives a request by or on behalf of a disabled person within sub-paragraph (3) for A to take steps to avoid the disadvantage or provide the auxiliary aid.

(6)Nothing in this paragraph requires A to take a step which would involve the removal or alteration of a physical feature.

(7)Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.

The duty in relation to commonhold unitsE+W+S

4(1)This paragraph applies where A is a commonhold association; and the reference to a commonhold association is a reference to the association in its capacity as the person who manages a commonhold unit.E+W+S

(2)A must comply with the first and third requirements.

(3)For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to—

(a)a term of the commonhold community statement, or

(b)any other term applicable by virtue of the transfer of the unit to the unit-holder.

(4)For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who—

(a)is the unit-holder, or

(b)is otherwise entitled to occupy the unit.

(5)In relation to each requirement, the relevant matters are—

(a)the enjoyment of the unit;

(b)the use of a benefit or facility, entitlement to which arises as a result of a term within sub-paragraph (3)(a) or (b).

(6)Sub-paragraph (2) applies only if A receives a request from or on behalf of the unit-holder or a person entitled to occupy the unit to take steps to avoid the disadvantage or provide the auxiliary aid.

(7)If a term within sub-paragraph (3)(a) or (b) that prohibits the unit-holder from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the unit-holder to make alterations to the unit so as to avoid the disadvantage.

(8)It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature; and sub-paragraph (9) of paragraph 2 applies in relation to a commonhold unit as it applies in relation to let premises.

Prospective

The duty in relation to common partsE+W+S

5(1)This paragraph applies where A is a responsible person in relation to common parts.E+W+S

(2)A must comply with the second requirement.

(3)For the purposes of this paragraph, the reference in section 20(4) to a physical feature is a reference to a physical feature of the common parts.

(4)For those purposes, the reference in section 20(4) to a disabled person is a reference to a disabled person who—

(a)is a tenant of the premises,

(b)is a unit-holder, or

(c)is otherwise entitled to occupy the premises,

and uses or intends to use the premises as the person's only or main home.

(5)In relation to the second requirement, the relevant matter is the use of the common parts.

(6)Sub-paragraph (2) applies only if—

(a)A receives a request by or on behalf of a disabled person within sub-paragraph (4) for A to take steps to avoid the disadvantage, and

(b)the steps requested are likely to avoid or reduce the disadvantage.

Prospective

Consultation on adjustments relating to common partsE+W+S

6(1)In deciding whether it is reasonable to take a step for the purposes of paragraph 5, A must consult all persons A thinks would be affected by the step.E+W+S

(2)The consultation must be carried out within a reasonable period of the request being made.

(3)A is not required to have regard to a view expressed against taking a step in so far as A reasonably believes that the view is expressed because of the disabled person's disability.

(4)Nothing in this paragraph affects anything a commonhold association is required to do pursuant to Part 1 of the Commonhold and Leasehold Reform Act 2002.

Prospective

Agreement on adjustments relating to common partsE+W+S

7(1)If A decides that it is reasonable to take a step for the purposes of paragraph 5, A and the disabled person must agree in writing the rights and responsibilities of each of them in relation to the step.E+W+S

(2)An agreement under this paragraph must, in particular, make provision as to the responsibilities of the parties in relation to—

(a)the costs of any work to be undertaken;

(b)other costs arising from the work;

(c)the restoration of the common parts to their former condition if the relevant disabled person stops living in the premises.

(3)It is always reasonable before the agreement is made for A to insist that the agreement should require the disabled person to pay—

(a)the costs referred to in paragraphs (a) and (b) of sub-paragraph (2), and

(b)the costs of the restoration referred to in paragraph (c) of that sub-paragraph.

(4)If an agreement under this paragraph is made, A's obligations under the agreement become part of A's interest in the common parts and pass on subsequent disposals accordingly.

(5)Regulations may require a party to an agreement under this paragraph to provide, in prescribed circumstances, prescribed information about the agreement to persons of a prescribed description.

(6)The regulations may require the information to be provided in a prescribed form.

(7)Regulations may make provision as to circumstances in which an agreement under this paragraph is to cease to have effect, in so far as the agreement does not itself make provision for termination.

VictimisationE+W+S

8(1)This paragraph applies where the relevant disabled person comes within paragraph 2(4)(b), 4(4)(b) or 5(4)(c).E+W+S

(2)A must not, because of costs incurred in connection with taking steps to comply with a requirement imposed for the purposes of paragraph 2, 4 or 5, subject to a detriment—

(a)a tenant of the premises, or

(b)the unit-holder.

Commencement Information

I53Sch. 4 para. 8 partly in force; para. 8 not in force at Royal Assent see s. 216; para. 8 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(4)(e)(ii)

RegulationsE+W+S

9(1)This paragraph applies for the purposes of section 36 and this Schedule.E+W+S

(2)Regulations may make provision as to—

(a)circumstances in which premises are to be treated as let, or as not let, to a person;

(b)circumstances in which premises are to be treated as being, or as not being, to let;

(c)who is to be treated as being, or as not being, a person entitled to occupy premises otherwise than as tenant or unit-holder;

(d)who is to be treated as being, or as not being, a person by whom premises are let;

(e)who is to be treated as having, or as not having, premises to let;

(f)who is to be treated as being, or as not being, a manager of premises.

(3)Provision made by virtue of this paragraph may amend this Schedule.

Commencement Information

I54Sch. 4 para. 9 wholly in force; para. 9 not in force at Royal Assent see s. 216; para. 9 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; para. 9 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(4)(e)(iii) (with art. 15)

Section 38

SCHEDULE 5E+W+SPremises: exceptions

Owner-occupierE+W+S

1(1)This paragraph applies to the private disposal of premises by an owner-occupier.E+W+S

(2)A disposal is a private disposal only if the owner-occupier does not—

(a)use the services of an estate agent for the purpose of disposing of the premises, or

(b)publish (or cause to be published) an advertisement in connection with their disposal.

(3)Section 33(1) applies only in so far as it relates to race.

(4)Section 34(1) does not apply in so far as it relates to—

(a)religion or belief, or

(b)sexual orientation.

(5)In this paragraph—

  • “estate agent” means a person who, by way of profession or trade, provides services for the purpose of—

    (a)

    finding premises for persons seeking them, or

    (b)

    assisting in the disposal of premises;

  • “owner-occupier” means a person who—

    (a)

    owns an estate or interest in premises, and

    (b)

    occupies the whole of them.

2(1)Section 36(1)(a) does not apply if—E+W+S

(a)the premises are, or have been, the only or main home of a person by whom they are let, and

(b)since entering into the letting, neither that person nor any other by whom they are let has used a manager for managing the premises.

(2)A manager is a person who, by profession or trade, manages let premises.

(3)Section 36(1)(b) does not apply if—

(a)the premises are, or have been, the only or main home of a person who has them to let, and

(b)neither that person nor any other who has the premises to let uses the services of an estate agent for letting the premises.

(4)“Estate agent” has the meaning given in paragraph 1.

Small premisesE+W+S

3(1)This paragraph applies to anything done by a person in relation to the disposal, occupation or management of part of small premises if—E+W+S

(a)the person or a relative of that person resides, and intends to continue to reside, in another part of the premises, and

(b)the premises include parts (other than storage areas and means of access) shared with residents of the premises who are not members of the same household as the resident mentioned in paragraph (a).

(2)Sections 33(1), 34(1) and 35(1) apply only in so far as they relate to race.

(3)Premises are small if—

(a)the only other persons occupying the accommodation occupied by the resident mentioned in sub-paragraph (1)(a) are members of the same household,

(b)the premises also include accommodation for at least one other household,

(c)the accommodation for each of those other households is let, or available for letting, on a separate tenancy or similar agreement, and

(d)the premises are not normally sufficient to accommodate more than two other households.

(4)Premises are also small if they are not normally sufficient to provide residential accommodation for more than six persons (in addition to the resident mentioned in sub-paragraph (1)(a) and members of the same household).

(5)In this paragraph, “relative” means—

(a)spouse or civil partner,

(b)unmarried partner,

(c)parent or grandparent,

(d)child or grandchild (whether or not legitimate),

(e)the spouse, civil partner or unmarried partner of a child or grandchild,

(f)brother or sister (whether of full blood or half-blood), or

(g)a relative within paragraph (c), (d), (e) or (f) whose relationship arises as a result of marriage or civil partnership.

(6)In sub-paragraph (5), a reference to an unmarried partner is a reference to the other member of a couple consisting [F41of two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners.]

Textual Amendments

4(1)Section 36(1) does not apply if—E+W+S

(a)the premises in question are small premises,

(b)the relevant person or a relative of that person resides, and intends to continue to reside, in another part of the premises, and

(c)the premises include parts (other than storage areas and means of access) shared with residents of the premises who are not members of the same household as the resident mentioned in paragraph (b).

(2)The relevant person is the person who, for the purposes of section 36(1), is—

(a)the controller of the premises, or

(b)the responsible person in relation to the common parts to which the premises relate.

(3)“Small premises” and “relative” have the same meaning as in paragraph 3.

5E+W+SA Minister of the Crown may by order amend paragraph 3 or 4.

Section 52

SCHEDULE 6E+W+SOffice-holders: excluded offices

Work to which other provisions applyE+W+S

1(1)An office or post is not a personal or public office in so far as one or more of the provisions mentioned in sub-paragraph (2)—E+W+S

(a)applies in relation to the office or post, or

(b)would apply in relation to the office or post but for the operation of some other provision of this Act.

(2)Those provisions are—

(a)section 39 (employment);

(b)section 41 (contract work);

(c)section 44 (partnerships).

(d)section 45 (LLPs);

(e)section 47 (barristers);

(f)section 48 (advocates);

(g)section 55 (employment services) so far as applying to the provision of work experience within section 56(2)(a) or arrangements within section 56(2)(c) for such provision.

Political officesE+W+S

2(1)An office or post is not a personal or public office if it is a political office.E+W+S

(2)A political office is an office or post set out in the second column of the following Table—

Political settingOffice or post
Houses of ParliamentAn office of the House of Commons held by a member of that House
An office of the House of Lords held by a member of that House
A Ministerial office within the meaning of section 2 of the House of Commons Disqualification Act 1975
The office of the Leader of the Opposition within the meaning of the Ministerial and other Salaries Act 1975
The office of the Chief Opposition Whip, or of an Assistant Opposition Whip, within the meaning of that Act
Scottish ParliamentAn office of the Scottish Parliament held by a member of the Parliament
The office of a member of the Scottish Executive
The office of a junior Scottish Minister
National Assembly for WalesAn office of the National Assembly for Wales held by a member of the Assembly
The office of a member of the Welsh Assembly Government
Local government in England (outside London)An office of a county council, district council or parish council in England held by a member of the council
An office of the Council of the Isles of Scilly held by a member of the Council
Local government in LondonAn office of the Greater London Authority held by the Mayor of London or a member of the London Assembly
An office of a London borough council held by a member of the council
An office of the Common Council of the City of London held by a member of the Council
Local government in WalesAn office of a county council, county borough council or community council in Wales held by a member of the council
Local government in ScotlandAn office of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 held by a member of the council
An office of a council established under section 51 of the Local Government (Scotland) Act 1973 held by a member of the council
Political partiesAn office of a registered political party

(3)The reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000.

Honours etc.E+W+S

3E+W+SA life peerage (within the meaning of the Life Peerages Act 1958), or any other dignity or honour conferred by the Crown, is not a personal or public office.

[F42Bishops E+W+S

Textual Amendments

4E+W+SThe office of diocesan or suffragan bishop is not a public office.]

Section 80

SCHEDULE 7E+W+SEquality of terms: exceptions

Part 1 E+W+STerms of work

Compliance with laws regulating employment of women, etc.E+W+S

1E+W+SNeither a sex equality clause nor a maternity equality clause has effect in relation to terms of work affected by compliance with laws regulating—

(a)the employment of women;

(b)the appointment of women to personal or public offices.

Pregnancy, etc.E+W+S

2E+W+SA sex equality clause does not have effect in relation to terms of work affording special treatment to women in connection with pregnancy or childbirth.

Part 2 E+W+SOccupational pension schemes

PreliminaryE+W+S

3(1)A sex equality rule does not have effect in relation to a difference as between men and women in the effect of a relevant matter if the difference is permitted by or by virtue of this Part of this Schedule.E+W+S

(2)“Relevant matter” has the meaning given in section 67.

State retirement pensionsE+W+S

4(1)This paragraph applies where a man and a woman are eligible, in such circumstances as may be prescribed, to receive different amounts by way of pension.E+W+S

(2)The difference is permitted if, in prescribed circumstances, it is attributable only to differences between men and women in the retirement benefits to which, in prescribed circumstances, the man and woman are or would be entitled.

(3)“Retirement benefits” are benefits under sections 43 to 55 of the Social Security Contributions and Benefits Act 1992 (state retirement pensions)[F43or sections 2 to 12 of the Pensions Act 2014 (state pension)].

Textual Amendments

Commencement Information

I55Sch. 7 para. 4 wholly in force; para. 4 not in force at Royal Assent see s. 216; para. 4 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 7 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(g) (with art. 15)

Actuarial factorsE+W+S

5(1)A difference as between men and women is permitted if it consists of applying to the calculation of the employer's contributions to an occupational pension scheme actuarial factors which—E+W+S

(a)differ for men and women, and

(b)are of such description as may be prescribed.

(2)A difference as between men and women is permitted if it consists of applying to the determination of benefits of such description as may be prescribed actuarial factors which differ for men and women.

Commencement Information

I56Sch. 7 para. 5 wholly in force; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 7 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(g) (with art. 15)

Power to amendE+W+S

6(1)Regulations may amend this Part of this Schedule so as to add, vary or omit provision about cases where a difference as between men and women in the effect of a relevant matter is permitted.E+W+S

(2)The regulations may make provision about pensionable service before the date on which they come into force (but not about pensionable service before 17 May 1990).

Commencement Information

I57Sch. 7 para. 6 wholly in force; para. 6 not in force at Royal Assent see s. 216; para. 6 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 7 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(g) (with art. 15)

Section 83

SCHEDULE 8E+W+SWork: reasonable adjustments

Part 1 E+W+SIntroductory

PreliminaryE+W+S

1E+W+SThis Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part of this Act.

The dutyE+W+S

2(1)A must comply with the first, second and third requirements.E+W+S

(2)For the purposes of this paragraph—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;

(b)the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;

(c)the reference in section 20(3), (4) or (5) to a disabled person is to an interested disabled person.

(3)In relation to the first and third requirements, a relevant matter is any matter specified in the first column of the applicable table in Part 2 of this Schedule.

(4)In relation to the second requirement, a relevant matter is—

(a)a matter specified in the second entry of the first column of the applicable table in Part 2 of this Schedule, or

(b)where there is only one entry in a column, a matter specified there.

(5)If two or more persons are subject to a duty to make reasonable adjustments in relation to the same interested disabled person, each of them must comply with the duty so far as it is reasonable for each of them to do so.

3(1)This paragraph applies if a duty to make reasonable adjustments is imposed on A by section 55 (except where the employment service which A provides is the provision of vocational training within the meaning given by section 56(6)(b)).E+W+S

(2)The reference in section 20(3), (4) and (5) to a disabled person is a reference to an interested disabled person.

(3)In relation to each requirement, the relevant matter is the employment service which A provides.

(4)Sub-paragraph (5) of paragraph 2 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.

Part 2 E+W+SInterested disabled person

PreliminaryE+W+S

4E+W+SAn interested disabled person is a disabled person who, in relation to a relevant matter, is of a description specified in the second column of the applicable table in this Part of this Schedule.

Employers (see section 39)E+W+S

5(1)This paragraph applies where A is an employer.E+W+S

Relevant matterDescription of disabled person
Deciding to whom to offer employment.A person who is, or has notified A that the person may be, an applicant for the employment.
Employment by A.

An applicant for employment by A.

An employee of A's.

(2)Where A is the employer of a disabled contract worker (B), A must comply with the first, second and third requirements on each occasion when B is supplied to a principal to do contract work.

(3)In relation to the first requirement (as it applies for the purposes of sub-paragraph (2))—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of all or most of the principals to whom B is or might be supplied,

(b)the reference to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of the principals referred to in paragraph (a), and

(c)the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if the provision, criterion or practice were applied by or on behalf of A.

(4)In relation to the second requirement (as it applies for the purposes of sub-paragraph (2))—

(a)the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by each of the principals referred to in sub-paragraph (3)(a),

(b)the reference to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of those principals, and

(c)the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if the premises were occupied by A.

(5)In relation to the third requirement (as it applies for the purposes of sub-paragraph (2))—

(a)the reference in section 20(5) to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of the principals referred to in sub-paragraph (3)(a), and

(b)the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if A were the person to whom B was supplied.

Principals in contract work (see section 41)E+W+S

6(1)This paragraph applies where A is a principal.E+W+S

Relevant matterDescription of disabled person
Contract work that A may make available.A person who is, or has notified A that the person may be, an applicant to do the work.
Contract work that A makes available.A person who is supplied to do the work.

(2)A is not required to do anything that a disabled person's employer is required to do by virtue of paragraph 5.

Partnerships (see section 44)E+W+S

7(1)This paragraph applies where A is a firm or a proposed firm.E+W+S

Relevant matterDescription of disabled person
Deciding to whom to offer a position as a partner.A person who is, or has notified A that the person may be, a candidate for the position.
A position as a partner.

A candidate for the position.

The partner who holds the position.

(2)Where a firm or proposed firm (A) is required by this Schedule to take a step in relation to an interested disabled person (B)—

(a)the cost of taking the step is to be treated as an expense of A;

(b)the extent to which B should (if B is or becomes a partner) bear the cost is not to exceed such amount as is reasonable (having regard in particular to B's entitlement to share in A's profits).

LLPs (see section 45)E+W+S

8(1)This paragraph applies where A is an LLP or a proposed LLP.E+W+S

Relevant matterDescription of disabled person
Deciding to whom to offer a position as a member.A person who is, or has notified A that the person may be, a candidate for the position.
A position as a member.

A candidate for the position.

The member who holds the position.

(2)Where an LLP or proposed LLP (A) is required by this Schedule to take a step in relation to an interested disabled person (B)—

(a)the cost of taking the step is to be treated as an expense of A;

(b)the extent to which B should (if B is or becomes a member) bear the cost is not to exceed such amount as is reasonable (having regard in particular to B's entitlement to share in A's profits).

Barristers and their clerks (see section 47)E+W+S

9E+W+SThis paragraph applies where A is a barrister or barrister's clerk.

Relevant matterDescription of disabled person
Deciding to whom to offer a pupillage or tenancy.A person who is, or has notified A that the person may be, an applicant for the pupillage or tenancy.
A pupillage or tenancy.

An applicant for the pupillage or tenancy.

The pupil or tenant.

Advocates and their clerks (see section 48)E+W+S

10E+W+SThis paragraph applies where A is an advocate or advocate's clerk.

Relevant matterDescription of disabled person
Deciding who to offer to take as a devil or to whom to offer membership of a stable.A person who applies, or has notified A that the person may apply, to be taken as a devil or to become a member of the stable.
The relationship with a devil or membership of a stable.

An applicant to be taken as a devil or to become a member of the stable.

The devil or member.

Persons making appointments to offices etc. (see sections 49 to 51)E+W+S

11E+W+SThis paragraph applies where A is a person who has the power to make an appointment to a personal or public office.

Relevant matterDescription of disabled person
Deciding to whom to offer the appointment.

A person who is, or has notified A that the person may be, seeking the appointment.

A person who is being considered for the appointment.

Appointment to the office.A person who is seeking, or being considered for, appointment to the office.

12E+W+SThis paragraph applies where A is a relevant person in relation to a personal or public office.

Relevant matterDescription of disabled person
Appointment to the office.A person appointed to the office.

13E+W+SThis paragraph applies where A is a person who has the power to make a recommendation for, or give approval to, an appointment to a public office.

Relevant matterDescription of disabled person
Deciding who to recommend or approve for appointment to the office.

A person who is, or has notified A that the person may be, seeking recommendation or approval for appointment to the office.

A person who is being considered for recommendation or approval for appointment to the office.

An appointment to the office.A person who is seeking, or being considered for, appointment to the office in question.

14E+W+SIn relation to the second requirement in a case within paragraph 11, 12 or 13, the reference in paragraph 2(2)(b) to premises occupied by A is to be read as a reference to premises—

(a)under the control of A, and

(b)at or from which the functions of the office concerned are performed.

Qualifications bodies (see section 53)E+W+S

15(1)This paragraph applies where A is a qualifications body.E+W+S

Relevant matterDescription of disabled person
Deciding upon whom to confer a relevant qualification.A person who is, or has notified A that the person may be, an applicant for the conferment of the qualification.
Conferment by the body of a relevant qualification.

An applicant for the conferment of the qualification.

A person who holds the qualification.

(2)A provision, criterion or practice does not include the application of a competence standard.

Employment service-providers (see section 55)E+W+S

16E+W+SThis paragraph applies where—

(a)A is an employment service-provider, and

(b)the employment service which A provides is vocational training within the meaning given by section 56(6)(b).

Relevant matterDescription of disabled person
Deciding to whom to offer to provide the service.A person who is, or has notified A that the person may be, an applicant for the provision of the service.
Provision by A of the service.

A person who applies to A for the provision of the service.

A person to whom A provides the service.

Trade organisations (see section 57)E+W+S

17E+W+SThis paragraph applies where A is a trade organisation.

Relevant matterDescription of disabled person
Deciding to whom to offer membership of the organisation.A person who is, or has notified A that the person may be, an applicant for membership.
Membership of the organisation.

An applicant for membership.

A member.

Local authorities (see section 58)E+W+S

18(1)This paragraph applies where A is a local authority.E+W+S

Relevant matterDescription of disabled person
A member's carrying-out of official business.The member.

(2)Regulations may, for the purposes of a case within this paragraph, make provision—

(a)as to circumstances in which a provision, criterion or practice is, or is not, to be taken to put a disabled person at the disadvantage referred to in the first requirement;

(b)as to circumstances in which a physical feature is, or is not, to be taken to put a disabled person at the disadvantage referred to in the second requirement;

(c)as to circumstances in which it is, or in which it is not, reasonable for a local authority to be required to take steps of a prescribed description;

(d)as to steps which it is always, or which it is never, reasonable for a local authority to take.

Occupational pensions (see section 61)E+W+S

19E+W+SThis paragraph applies where A is, in relation to an occupational pension scheme, a responsible person within the meaning of section 61.

Relevant matterDescription of disabled person
Carrying out A's functions in relation to the scheme.A person who is or may be a member of the scheme.

Part 3 E+W+SLimitations on the duty

Lack of knowledge of disability, etc.E+W+S

20(1)A is not subject to a duty to make reasonable adjustments if A does not know, and could not reasonably be expected to know—E+W+S

(a)in the case of an applicant or potential applicant, that an interested disabled person is or may be an applicant for the work in question;

(b)[F44in any case referred to in Part 2 of this Schedule], that an interested disabled person has a disability and is likely to be placed at the disadvantage referred to in the first, second or third requirement.

(2)An applicant is, in relation to the description of A specified in the first column of the table, a person of a description specified in the second column (and the reference to a potential applicant is to be construed accordingly).

Description of AApplicant
An employerAn applicant for employment
A firm or proposed firmA candidate for a position as a partner
An LLP or proposed LLPA candidate for a position as a member
A barrister or barrister's clerkAn applicant for a pupillage or tenancy
An advocate or advocate's clerkAn applicant for being taken as an advocate's devil or for becoming a member of a stable
A relevant person in relation to a personal or public officeA person who is seeking appointment to, or recommendation or approval for appointment to, the office
A qualifications bodyAn applicant for the conferment of a relevant qualification
An employment service-providerAn applicant for the provision of an employment service
A trade organisationAn applicant for membership

(3)If the duty to make reasonable adjustments is imposed on A by section 55, this paragraph applies only in so far as the employment service which A provides is vocational training within the meaning given by section 56(6)(b).

Textual Amendments

Section 83

SCHEDULE 9E+W+SWork: exceptions

Part 1 E+W+SOccupational requirements

GeneralE+W+S

1(1)A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work—E+W+S

(a)it is an occupational requirement,

(b)the application of the requirement is a proportionate means of achieving a legitimate aim, and

(c)the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

(2)The provisions are—

(a)section 39(1)(a) or (c) or (2)(b) or (c);

(b)section 41(1)(b);

(c)section 44(1)(a) or (c) or (2)(b) or (c);

(d)section 45(1)(a) or (c) or (2)(b) or (c);

(e)section 49(3)(a) or (c) or (6)(b) or (c);

(f)section 50(3)(a) or (c) or (6)(b) or (c);

(g)section 51(1).

(3)The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read—

(a)in the case of gender reassignment, as references to a requirement not to be a transsexual person (and section 7(3) is accordingly to be ignored);

(b)in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored).

(4)In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from “(or” to the end were omitted.

Religious requirements relating to sex, marriage etc., sexual orientationE+W+S

2(1)A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to employment a requirement to which sub-paragraph (4) applies if A shows that—E+W+S

(a)the employment is for the purposes of an organised religion,

(b)the application of the requirement engages the compliance or non-conflict principle, and

(c)the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

(2)The provisions are—

(a)section 39(1)(a) or (c) or (2)(b) or (c);

(b)section 49(3)(a) or (c) or (6)(b) or (c);

(c)section 50(3)(a) or (c) or (6)(b) or (c);

(d)section 51(1).

(3)A person does not contravene section 53(1) or (2)(a) or (b) by applying in relation to a relevant qualification (within the meaning of that section) a requirement to which sub-paragraph (4) applies if the person shows that—

(a)the qualification is for the purposes of employment mentioned in sub-paragraph (1)(a), and

(b)the application of the requirement engages the compliance or non-conflict principle.

(4)This sub-paragraph applies to—

(a)a requirement to be of a particular sex;

(b)a requirement not to be a transsexual person;

(c)a requirement not to be married or a civil partner;

[F45(ca)a requirement not to be married to[F46, or the civil partner of,] a person of the same sex;]

[F47(cb)a requirement not to be the civil partner of a person of the opposite sex;]

(d)a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner;

(e)a requirement relating to circumstances in which a marriage or civil partnership came to an end;

(f)a requirement related to sexual orientation.

(5)The application of a requirement engages the compliance principle if the requirement is applied so as to comply with the doctrines of the religion.

(6)The application of a requirement engages the non-conflict principle if, because of the nature or context of the employment, the requirement is applied so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers.

(7)A reference to employment includes a reference to an appointment to a personal or public office.

(8)In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1) has effect as if in paragraph (c) the words from “(or” to the end were omitted.

Textual Amendments

F46Words in Sch. 9 para. 2(4)(ca) inserted (E.W.S.) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 11(a)

Other requirements relating to religion or beliefE+W+S

3E+W+SA person (A) with an ethos based on religion or belief does not contravene a provision mentioned in paragraph 1(2) by applying in relation to work a requirement to be of a particular religion or belief if A shows that, having regard to that ethos and to the nature or context of the work—

(a)it is an occupational requirement,

(b)the application of the requirement is a proportionate means of achieving a legitimate aim, and

(c)the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

Armed forcesE+W+S

4(1)A person does not contravene section 39(1)(a) or (c) or (2)(b) by applying in relation to service in the armed forces a relevant requirement if the person shows that the application is a proportionate means of ensuring the combat effectiveness of the armed forces.E+W+S

(2)A relevant requirement is—

(a)a requirement to be a man;

(b)a requirement not to be a transsexual person.

(3)This Part of this Act, so far as relating to age or disability, does not apply to service in the armed forces; and section 55, so far as relating to disability, does not apply to work experience in the armed forces.

Employment servicesE+W+S

5(1)A person (A) does not contravene section 55(1) or (2) if A shows that A's treatment of another person relates only to work the offer of which could be refused to that other person in reliance on paragraph 1, 2, 3 or 4.E+W+S

(2)A person (A) does not contravene section 55(1) or (2) if A shows that A's treatment of another person relates only to training for work of a description mentioned in sub-paragraph (1).

(3)A person (A) does not contravene section 55(1) or (2) if A shows that—

(a)A acted in reliance on a statement made to A by a person with the power to offer the work in question to the effect that, by virtue of sub-paragraph (1) or (2), A's action would be lawful, and

(b)it was reasonable for A to rely on the statement.

(4)A person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading.

(5)A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

InterpretationE+W+S

6(1)This paragraph applies for the purposes of this Part of this Schedule.E+W+S

(2)A reference to contravening a provision of this Act is a reference to contravening that provision by virtue of section 13.

(3)A reference to work is a reference to employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office.

(4)A reference to a person includes a reference to an organisation.

(5)A reference to section 39(2)(b), 44(2)(b), 45(2)(b), 49(6)(b) or 50(6)(b) is to be read as a reference to that provision with the omission of the words “or for receiving any other benefit, facility or service”.

(6)A reference to section 39(2)(c), 44(2)(c), 45(2)(c), 49(6)(c), 50(6)(c), 53(2)(a) or 55(2)(c) (dismissal, etc.) does not include a reference to that provision so far as relating to sex.

(7)The reference to paragraph (b) of section 41(1), so far as relating to sex, is to be read as if that paragraph read—

“(b)by not allowing the worker to do the work.”

Part 2 E+W+SExceptions relating to age

PreliminaryE+W+S

7E+W+SFor the purposes of this Part of this Schedule, a reference to an age contravention is a reference to a contravention of this Part of this Act, so far as relating to age.

RetirementE+W+S

8E+W+SF48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Applicants at or approaching retirement ageE+W+S

9E+W+SF49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Benefits based on length of serviceE+W+S

10(1)It is not an age contravention for a person (A) to put a person (B) at a disadvantage when compared with another (C), in relation to the provision of a benefit, facility or service in so far as the disadvantage is because B has a shorter period of service than C.E+W+S

(2)If B's period of service exceeds 5 years, A may rely on sub-paragraph (1) only if A reasonably believes that doing so fulfils a business need.

(3)A person's period of service is whichever of the following A chooses—

(a)the period for which the person has been working for A at or above a level (assessed by reference to the demands made on the person) that A reasonably regards as appropriate for the purposes of this paragraph, or

(b)the period for which the person has been working for A at any level.

(4)The period for which a person has been working for A must be based on the number of weeks during the whole or part of which the person has worked for A.

(5)But for that purpose A may, so far as is reasonable, discount—

(a)periods of absence;

(b)periods that A reasonably regards as related to periods of absence.

(6)For the purposes of sub-paragraph (3)(b), a person is to be treated as having worked for A during any period in which the person worked for a person other than A if—

(a)that period counts as a period of employment with A as a result of section 218 of the Employment Rights Act 1996, or

(b)if sub-paragraph (a) does not apply, that period is treated as a period of employment by an enactment pursuant to which the person's employment was transferred to A.

(7)For the purposes of this paragraph, the reference to a benefit, facility or service does not include a reference to a benefit, facility or service which may be provided only by virtue of a person's ceasing to work.

The national minimum wage: young workersE+W+S

11(1)It is not an age contravention for a person to pay a young worker (A) at a lower rate than that at which the person pays an older worker (B) if—E+W+S

(a)the hourly rate for the national minimum wage for a person of A's age is lower than that for a person of B's age, and

(b)the rate at which A is paid is below the single hourly rate.

(2)A young worker is a person who qualifies for the national minimum wage at a lower rate than the single hourly rate; and an older worker is a person who qualifies for the national minimum wage at a higher rate than that at which the young worker qualifies for it.

(3)The single hourly rate is the rate prescribed under section 1(3) of the National Minimum Wage Act 1998.

The national minimum wage: apprenticesE+W+S

12(1)It is not an age contravention for a person to pay an apprentice who does not qualify for the national minimum wage at a lower rate than the person pays an apprentice who does.E+W+S

(2)An apprentice is a person who—

(a)is employed under a contract of apprenticeship, or

(b)as a result of provision made by virtue of section 3(2)(a) of the National Minimum Wage Act 1998 (persons not qualifying), is treated as employed under a contract of apprenticeship.

RedundancyE+W+S

13(1)It is not an age contravention for a person to give a qualifying employee an enhanced redundancy payment of an amount less than that of an enhanced redundancy payment which the person gives to another qualifying employee, if each amount is calculated on the same basis.E+W+S

(2)It is not an age contravention to give enhanced redundancy payments only to those who are qualifying employees by virtue of sub-paragraph (3)(a) or (b).

(3)A person is a qualifying employee if the person—

(a)is entitled to a redundancy payment as a result of section 135 of the Employment Rights Act 1996,

(b)agrees to the termination of the employment in circumstances where the person would, if dismissed, have been so entitled,

(c)would have been so entitled but for section 155 of that Act (requirement for two years' continuous employment), or

(d)agrees to the termination of the employment in circumstances where the person would, if dismissed, have been so entitled but for that section.

(4)An enhanced redundancy payment is a payment the amount of which is, subject to sub-paragraphs (5) and (6), calculated in accordance with section 162(1) to (3) of the Employment Rights Act 1996.

(5)A person making a calculation for the purposes of sub-paragraph (4)—

(a)may treat a week's pay as not being subject to a maximum amount;

(b)may treat a week's pay as being subject to a maximum amount above that for the time being specified in section 227(1) of the Employment Rights Act 1996;

(c)may multiply the appropriate amount for each year of employment by a figure of more than one.

(6)Having made a calculation for the purposes of sub-paragraph (4) (whether or not in reliance on sub-paragraph (5)), a person may multiply the amount calculated by a figure of more than one.

(7)In sub-paragraph (5), “the appropriate amount” has the meaning given in section 162 of the Employment Rights Act 1996, and “a week's pay” is to be read with Chapter 2 of Part 14 of that Act.

(8)For the purposes of sub-paragraphs (4) to (6), the reference to “the relevant date” in subsection (1)(a) of section 162 of that Act is, in the case of a person who is a qualifying employee by virtue of sub-paragraph (3)(b) or (d), to be read as reference to the date of the termination of the employment.

[F50Insurance etc.]E+W+S

Textual Amendments

14[F51(1)It is not an age contravention for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of an employee for a period ending when the employee attains whichever is the greater of—E+W+S

(a)the age of 65, and

(b)the state pensionable age.

(2)It is not an age contravention for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of only such employees as have not attained whichever is the greater of—

(a)the age of 65, and

(b)the state pensionable age.

(3)Sub-paragraphs (1) and (2) apply only where the insurance or related financial service is, or is to be, provided to the employer's employees or a class of those employees—

(a)in pursuance of an arrangement between the employer and another person, or

(b)where the employer's business includes the provision of insurance or financial services of the description in question, by the employer.

(4)The state pensionable age is the pensionable age determined in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995.]

Textual Amendments

Child careE+W+S

15(1)A person does not contravene a relevant provision, so far as relating to age, only by providing, or making arrangements for or facilitating the provision of, care for children of a particular age group.E+W+S

(2)The relevant provisions are—

(a)section 39(2)(b);

(b)section 41(1)(c);

(c)section 44(2)(b);

(d)section 45(2)(b);

(e)section 47(2)(b);

(f)section 48(2)(b);

(g)section 49(6)(b);

(h)section 50(6)(b);

(i)section 57(2)(a);

(j)section 58(3)(a).

(3)Facilitating the provision of care for a child includes—

(a)paying for some or all of the cost of the provision;

(b)helping a parent of the child to find a suitable person to provide care for the child;

(c)enabling a parent of the child to spend more time providing care for the child or otherwise assisting the parent with respect to the care that the parent provides for the child.

(4)A child is a person who has not attained the age of 17.

(5)A reference to care includes a reference to supervision.

Contributions to personal pension schemesE+W+S

16(1)A Minister of the Crown may by order provide that it is not an age contravention for an employer to maintain or use, with respect to contributions to personal pension schemes, practices, actions or decisions relating to age which are of a specified description.E+W+S

(2)An order authorising the use of practices, actions or decisions which are not in use before the order comes into force must not be made unless the Minister consults such persons as the Minister thinks appropriate.

(3)“Personal pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993; and “employer”, in relation to a personal pension scheme, has the meaning given in section 318(1) of the Pensions Act 2004.

Commencement Information

I58Sch. 9 para. 16 wholly in force; para. 16 not in force at Royal Assent see s. 216; para. 16 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 9 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(i) (with art. 15)

Part 3 E+W+SOther exceptions

Non-contractual payments to women on maternity leaveE+W+S

17(1)A person does not contravene section 39(1)(b) or (2), so far as relating to pregnancy and maternity, by depriving a woman who is on maternity leave of any benefit from the terms of her employment relating to pay.E+W+S

(2)The reference in sub-paragraph (1) to benefit from the terms of a woman's employment relating to pay does not include a reference to—

(a)maternity-related pay (including maternity-related pay that is increase-related),

(b)pay (including increase-related pay) in respect of times when she is not on maternity leave, or

(c)pay by way of bonus in respect of times when she is on compulsory maternity leave.

(3)For the purposes of sub-paragraph (2), pay is increase-related in so far as it is to be calculated by reference to increases in pay that the woman would have received had she not been on maternity leave.

(4)A reference to terms of her employment is a reference to terms of her employment that are not in her contract of employment, her contract of apprenticeship or her contract to do work personally.

(5)“Pay” means benefits—

(a)that consist of the payment of money to an employee by way of wages or salary, and

(b)that are not benefits whose provision is regulated by the contract referred to in sub-paragraph (4).

(6)“Maternity-related pay” means pay to which a woman is entitled—

(a)as a result of being pregnant, or

(b)in respect of times when she is on maternity leave.

Benefits dependent on marital status, etc.E+W+S

18(1)A person does not contravene this Part of this Act, so far as relating to sexual orientation, by doing anything which prevents or restricts a person who is not [F52within sub-paragraph (1A)] from having access to a benefit, facility or service—E+W+S

(a)the right to which accrued before 5 December 2005 (the day on which section 1 of the Civil Partnership Act 2004 came into force), or

(b)which is payable in respect of periods of service before that date.

[F53(1A)A person is within this sub-paragraph if the person is—

(a)a man who is married to a woman, or

(b)a woman who is married to a man, or

(c)married to a person of the same sex in a relevant gender change case.

(1B)The reference in sub-paragraph (1A)(c) to a relevant gender change case is a reference to a case where—

(a)the married couple were of the opposite sex at the time of their marriage, and

(b)a full gender recognition certificate has been issued to one of the couple under the Gender Recognition Act 2004.]

(2)A person does not contravene this Part of this Act, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service.

Textual Amendments

Provision of services etc. to the publicE+W+S

19(1)A does not contravene a provision mentioned in sub-paragraph (2) in relation to the provision of a benefit, facility or service to B if A is concerned with the provision (for payment or not) of a benefit, facility or service of the same description to the public.E+W+S

(2)The provisions are—

(a)section 39(2) and (4);

(b)section 41(1) and (3);

(c)sections 44(2) and (6) and 45(2) and (6);

(d)sections 49(6) and (8) and 50(6), (7), (9) and (10).

(3)Sub-paragraph (1) does not apply if—

(a)the provision by A to the public differs in a material respect from the provision by A to comparable persons,

(b)the provision to B is regulated by B's terms, or

(c)the benefit, facility or service relates to training.

(4)“Comparable persons” means—

(a)in relation to section 39(2) or (4), the other employees;

(b)in relation to section 41(1) or (3), the other contract workers supplied to the principal;

(c)in relation to section 44(2) or (6), the other partners of the firm;

(d)in relation to section 45(2) or (6), the other members of the LLP;

(e)in relation to section 49(6) or (8) or 50(6), (7), (9) or (10), persons holding offices or posts not materially different from that held by B.

(5)“B's terms” means—

(a)the terms of B's employment,

(b)the terms on which the principal allows B to do the contract work,

(c)the terms on which B has the position as a partner or member, or

(d)the terms of B's appointment to the office.

(6)A reference to the public includes a reference to a section of the public which includes B.

Insurance contracts, etc.E+W+S

20(1)It is not a contravention of this Part of this Act, so far as relating to relevant discrimination, to do anything in relation to an annuity, life insurance policy, accident insurance policy or similar matter involving the assessment of risk if—E+W+S

(a)that thing is done by reference to actuarial or other data from a source on which it is reasonable to rely, and

(b)it is reasonable to do it.

(2)“Relevant discrimination” is—

(a)gender reassignment discrimination;

(b)marriage and civil partnership discrimination;

(c)pregnancy and maternity discrimination;

(d)sex discrimination.

Section 88

SCHEDULE 10E+W+SAccessibility for disabled pupils

Accessibility strategiesE+W+S

1(1)A local authority in England and Wales must, in relation to schools for which it is the responsible body, prepare—E+W+S

(a)an accessibility strategy;

(b)further such strategies at such times as may be prescribed.

(2)An accessibility strategy is a strategy for, over a prescribed period—

(a)increasing the extent to which disabled pupils can participate in the schools' curriculums;

(b)improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and benefits, facilities or services provided or offered by the schools;

(c)improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled.

(3)The delivery in sub-paragraph (2)(c) must be—

(a)within a reasonable time;

(b)in ways which are determined after taking account of the pupils' disabilities and any preferences expressed by them or their parents.

(4)An accessibility strategy must be in writing.

(5)A local authority must keep its accessibility strategy under review during the period to which it relates and, if necessary, revise it.

(6)A local authority must implement its accessibility strategy.

2(1)In preparing its accessibility strategy, a local authority must have regard to—E+W+S

(a)the need to allocate adequate resources for implementing the strategy;

(b)guidance as to the matters mentioned in sub-paragraph (3).

(2)The authority must also have regard to guidance as to compliance with paragraph 1(5).

(3)The matters are—

(a)the content of an accessibility strategy;

(b)the form in which it is to be produced;

(c)persons to be consulted in its preparation.

(4)Guidance may be issued—

(a)for England, by a Minister of the Crown;

(b)for Wales, by the Welsh Ministers.

(5)A local authority must, if asked, make a copy of its accessibility strategy available for inspection at such reasonable times as it decides.

(6)A local authority in England must, if asked by a Minister of the Crown, give the Minister a copy of its accessibility strategy.

(7)A local authority in Wales must, if asked by the Welsh Ministers, give them a copy of its accessibility strategy.

Accessibility plansE+W+S

3(1)The responsible body of a school in England and Wales must prepare—E+W+S

(a)an accessibility plan;

(b)further such plans at such times as may be prescribed.

(2)An accessibility plan is a plan for, over a prescribed period—

(a)increasing the extent to which disabled pupils can participate in the school's curriculum,

(b)improving the physical environment of the school for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and benefits, facilities or services provided or offered by the school, and

(c)improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled.

(3)The delivery in sub-paragraph (2)(c) must be—

(a)within a reasonable time;

(b)in ways which are determined after taking account of the pupils' disabilities and any preferences expressed by them or their parents.

(4)An accessibility plan must be in writing.

(5)The responsible body must keep its accessibility plan under review during the period to which it relates and, if necessary, revise it.

(6)The responsible body must implement its accessibility plan.

(7)A relevant inspection may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan.

(8)A relevant inspection is an inspection under—

(a)Part 1 of the Education Act 2005, or

(b)Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation and inspection of independent education provision in England).

4(1)In preparing an accessibility plan, the responsible body must have regard to the need to allocate adequate resources for implementing the plan.E+W+S

(2)The proprietor of an independent educational institution (other than an Academy) must, if asked, make a copy of the school's accessibility plan available for inspection at such reasonable times as the proprietor decides.

(3)The proprietor of an independent educational institution in England (other than an Academy) must, if asked by a Minister of the Crown, give the Minister a copy of the school's accessibility plan.

(4)The proprietor of an independent school in Wales (other than an Academy) must, if asked by the Welsh Ministers, give them a copy of the school's accessibility plan.

Power of directionE+W+S

5(1)This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body—E+W+S

(a)has acted or is proposing to act unreasonably in the discharge of a duty under this Schedule, or

(b)has failed to discharge such a duty.

(2)This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body of a school specified in sub-paragraph (3)—

(a)has acted or is proposing to act unreasonably in the discharge of a duty the body has in relation to the provision to the authority of copies of the body's accessibility plan or the inspection of that plan, or

(b)has failed to discharge the duty.

(3)The schools are—

(a)schools approved under section 342 of the Education Act 1996 (non-maintained special schools);

[F54(b)Academy schools;

(c)alternative provision Academies.]

(4)This sub-paragraph applies if a Tribunal has made an order under paragraph 5 of Schedule 17 and the appropriate authority is satisfied (whether or not on a complaint) that the responsible body concerned—

(a)has acted or is proposing to act unreasonably in complying with the order, or

(b)has failed to comply with the order.

(5)If sub-paragraph (1), (2) or (4) applies, the appropriate authority may give a responsible body such directions as the authority thinks expedient as to—

(a)the discharge by the body of the duty, or

(b)compliance by the body with the order.

(6)A direction may be given in relation to sub-paragraph (1) or (2) even if the performance of the duty is contingent on the opinion of the responsible body.

(7)A direction may not, unless sub-paragraph (8) applies, be given to the responsible body of a school in England in respect of a matter—

(a)that has been complained about to a Local Commissioner in accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (parental complaints against governing bodies etc.), or

(b)that the appropriate authority thinks could have been so complained about.

(8)This sub-paragraph applies if—

(a)the Local Commissioner has made a recommendation to the responsible body under section 211(4) of the Apprenticeships, Skills, Children and Learning Act 2009 (statement following investigation) in respect of the matter, and

(b)the responsible body has not complied with the recommendation.

(9)A direction—

(a)may be varied or revoked by the appropriate authority;

(b)may be enforced, on the application of the appropriate authority, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981.

(10)The appropriate authority is—

(a)in relation to the responsible body of a school in England, the Secretary of State;

(b)in relation to the responsible body of a school in Wales, the Welsh Ministers.

Textual Amendments

SupplementaryE+W+S

6(1)This paragraph applies for the purposes of this Schedule.E+W+S

(2)Regulations may prescribe services which are, or are not, to be regarded as being—

(a)education;

(b)a benefit, facility or service.

(3)The power to make regulations is exercisable by—

(a)in relation to England, a Minister of the Crown;

(b)in relation to Wales, the Welsh Ministers.

(4)“Disabled pupil” includes a disabled person who may be admitted to the school as a pupil.

(5)“Responsible body” means—

(a)in relation to a maintained school or a maintained nursery school, the local authority or governing body;

(b)in relation to a pupil referral unit, the local authority;

(c)in relation to an independent educational institution [F55or an alternative provision Academy that is not an independent educational institution], the proprietor;

(d)in relation to a special school not maintained by a local authority, the proprietor.

(6)“Governing body”, in relation to a maintained school, means the body corporate (constituted in accordance with regulations under section 19 of the Education Act 2002) which the school has as a result of that section.

(7)“Maintained school” has the meaning given in section 20 of the School Standards and Framework Act 1998; and “maintained nursery school” has the meaning given in section 22 of that Act.

Textual Amendments

Section 89

SCHEDULE 11E+W+SSchools: exceptions

Part 1 E+W+SSex discrimination

Admission to single-sex schoolsE+W+S

1(1)Section 85(1), so far as relating to sex, does not apply in relation to a single-sex school.E+W+S

(2)A single-sex school is a school which—

(a)admits pupils of one sex only, or

(b)on the basis of the assumption in sub-paragraph (3), would be taken to admit pupils of one sex only.

(3)That assumption is that pupils of the opposite sex are to be disregarded if—

(a)their admission to the school is exceptional, or

(b)their numbers are comparatively small and their admission is confined to particular courses or classes.

(4)In the case of a school which is a single-sex school by virtue of sub-paragraph (3)(b), section 85(2)(a) to (d), so far as relating to sex, does not prohibit confining pupils of the same sex to particular courses or classes.

Single-sex boarding at schoolsE+W+S

2(1)Section 85(1), so far as relating to sex, does not apply in relation to admission as a boarder to a school to which this paragraph applies.E+W+S

(2)Section 85(2)(a) to (d), so far as relating to sex, does not apply in relation to boarding facilities at a school to which this paragraph applies.

(3)This paragraph applies to a school (other than a single-sex school) which has some pupils as boarders and others as non-boarders and which—

(a)admits as boarders pupils of one sex only, or

(b)on the basis of the assumption in sub-paragraph (4), would be taken to admit as boarders pupils of one sex only.

(4)That assumption is that pupils of the opposite sex admitted as boarders are to be disregarded if their numbers are small compared to the numbers of other pupils admitted as boarders.

Single-sex schools turning co-educationalE+W+S

3(1)If the responsible body of a single-sex school decides to alter its admissions arrangements so that the school will cease to be a single-sex school, the body may apply for a transitional exemption order in relation to the school.E+W+S

(2)If the responsible body of a school to which paragraph 2 applies decides to alter its admissions arrangements so that the school will cease to be one to which that paragraph applies, the body may apply for a transitional exemption order in relation to the school.

(3)A transitional exemption order in relation to a school is an order which, during the period specified in the order as the transitional period, authorises—

(a)sex discrimination by the responsible body of the school in the arrangements it makes for deciding who is offered admission as a pupil;

(b)the responsible body, in the circumstances specified in the order, not to admit a person as a pupil because of the person's sex.

(4)Paragraph 4 applies in relation to the making of transitional exemption orders.

(5)The responsible body of a school does not contravene this Act, so far as relating to sex discrimination, if—

(a)in accordance with a transitional exemption order, or

(b)pending the determination of an application for a transitional exemption order in relation to the school,

it does not admit a person as a pupil because of the person's sex.

4(1)In the case of a maintained school within the meaning given by section 32 of the Education and Inspections Act 2006, a transitional exemption order may be made in accordance with such provision as is made in regulations under section 21 of that Act (orders made by local authority or adjudicator in relation to schools in England).E+W+S

(2)In the case of a school in Wales maintained by a local authority, a transitional exemption order may be made in accordance with [F56section 82 of, or Part 3 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013] (orders made by Welsh Ministers).

(3)In the case of a school in Scotland managed by an education authority or in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980—

(a)the responsible body may submit to the Scottish Ministers an application for the making of a transitional exemption order, and

(b)the Scottish Ministers may make the order.

(4)F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F58Where proposals are made to the Welsh Ministers under section 113A of the Learning and Skills Act 2000 for an alteration in the admissions arrangements of a single-sex school or a school to which paragraph 2 applies—

(a)the making of the proposals is to be treated as an application to the Welsh Ministers for the making of a transitional exemption order, and

(b)the Welsh Ministers may make the order.]

(6)In the case of a school in England or Wales not coming within sub-paragraph (1), (2), (4) or (5) or an independent school in Scotland—

(a)the responsible body may submit to the Commission an application for the making of a transitional exemption order, and

(b)the Commission may make the order.

(7)An application under sub-paragraph (6) must specify—

(a)the period proposed by the responsible body as the transitional period to be specified in the order,

(b)the stages within that period by which the body proposes to move to the position where section 85(1)(a) and (c), so far as relating to sex, is complied with, and

(c)any other matters relevant to the terms and operation of the order applied for.

(8)The Commission must not make an order on an application under sub-paragraph (6) unless satisfied that the terms of the application are reasonable, having regard to—

(a)the nature of the school's premises,

(b)the accommodation, equipment and facilities available, and

(c)the responsible body's financial resources.

Textual Amendments

Part 2E+W+SReligious or belief-related discrimination

School with religious character etc.E+W+S

5E+W+SSection 85(1) and (2)(a) to (d), so far as relating to religion or belief, does not apply in relation to—

(a)a school designated under section [F5968A or] 69(3) of the School Standards and Framework Act 1998 (foundation or voluntary school with religious character);

(b)a school [F60(other than an alternative provision Academy)] listed in the register of independent schools for England or for Wales, if the school's entry in the register records that the school has a religious ethos;

(c)a school transferred to an education authority under section 16 of the Education (Scotland) Act 1980 (transfer of certain schools to education authorities) which is conducted in the interest of a church or denominational body;

(d)a school provided by an education authority under section 17(2) of that Act (denominational schools);

(e)a grant-aided school (within the meaning of that Act) which is conducted in the interest of a church or denominational body;

(f)a school registered in the register of independent schools for Scotland if the school admits only pupils who belong, or whose parents belong, to one or more particular denominations;

(g)a school registered in that register if the school is conducted in the interest of a church or denominational body.

Textual Amendments

F59Words in Sch. 5 para. 5(a) inserted (W.) (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (2021 asc 4), s. 84(1), Sch. 2 para. 63 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Curriculum, worship, etc.E+W+S

6E+W+SSection 85(2)(a) to (d), so far as relating to religion or belief, does not apply in relation to anything done in connection with acts of worship or other religious observance organised by or on behalf of a school (whether or not forming part of the curriculum).

Power to amendE+W+S

7(1)A Minister of the Crown may by order amend this Part of this Schedule—E+W+S

(a)so as to add, vary or omit an exception to section 85;

(b)so as to make provision about the construction or application of section 19(2)(d) in relation to section 85.

(2)The power under sub-paragraph (1) is exercisable only in relation to religious or belief-related discrimination.

(3)Before making an order under this paragraph the Minister must consult—

(a)the Welsh Ministers,

(b)the Scottish Ministers, and

(c)such other persons as the Minister thinks appropriate.

Part 3 E+W+SDisability discrimination

Permitted form of selectionE+W+S

8(1)A person does not contravene section 85(1), so far as relating to disability, only by applying a permitted form of selection.E+W+S

(2)In relation to England and Wales, a permitted form of selection is—

(a)in the case of a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, a form of selection mentioned in section 99(2) or (4) of that Act;

(b)in the case of a maintained school which is so designated, its selective admission arrangements (within the meaning of section 104 of that Act);

(c)in the case of an independent educational institution, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.

(3)In relation to Scotland, a permitted form of selection is—

(a)in the case of a school managed by an education authority, arrangements approved by the Scottish Ministers for the selection of pupils for admission;

(b)in the case of an independent school, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.

(4)“Maintained school” has the meaning given in section 22 of the School Standards and Framework Act 1998.

Section 94

SCHEDULE 12E+W+SFurther and higher education exceptions

Part 1 E+W+SSingle-sex institutions, etc.

Admission to single-sex institutionsE+W+S

1(1)Section 91(1), so far as relating to sex, does not apply in relation to a single-sex institution.E+W+S

(2)A single-sex institution is an institution to which section 91 applies, which—

(a)admits students of one sex only, or

(b)on the basis of the assumption in sub-paragraph (3), would be taken to admit students of one sex only.

(3)That assumption is that students of the opposite sex are to be disregarded if—

(a)their admission to the institution is exceptional, or

(b)their numbers are comparatively small and their admission is confined to particular courses or classes.

(4)In the case of an institution which is a single-sex institution by virtue of sub-paragraph (3)(b), section 91(2)(a) to (d), so far as relating to sex, does not prohibit confining students of the same sex to particular courses or classes.

Single-sex institutions turning co-educationalE+W+S

2(1)If the responsible body of a single-sex institution decides to alter its admissions arrangements so that the institution will cease to be a single-sex institution, the body may apply for a transitional exemption order in relation to the institution.E+W+S

(2)A transitional exemption order relating to an institution is an order which, during the period specified in the order as the transitional period, authorises—

(a)sex discrimination by the responsible body of the institution in the arrangements it makes for deciding who is offered admission as a student;

(b)the responsible body, in the circumstances specified in the order, not to admit a person as a student because of the person's sex.

(3)Paragraph 3 applies in relation to the making of a transitional exemption order.

(4)The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if —

(a)in accordance with a transitional exemption order, or

(b)pending the determination of an application for a transitional exemption order in relation to the institution,

it does not admit a person as a student because of the person's sex.

(5)The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if —

(a)in accordance with a transitional exemption order, or

(b)pending the determination of an application for a transitional exemption order in relation to the institution,

it discriminates in the arrangements it makes for deciding who is offered admission as a student.

3(1)In the case of a single-sex institution—E+W+S

(a)its responsible body may submit to the Commission an application for the making of a transitional exemption order, and

(b)the Commission may make the order.

(2)An application under sub-paragraph (1) must specify—

(a)the period proposed by the responsible body as the transitional period to be specified in the order,

(b)the stages, within that period, by which the body proposes to move to the position where section 91(1)(a) and (c), so far as relating to sex, is complied with, and

(c)any other matters relevant to the terms and operation of the order applied for.

(3)The Commission must not make an order on an application under sub-paragraph (1) unless satisfied that the terms of the application are reasonable, having regard to—

(a)the nature of the institution's premises,

(b)the accommodation, equipment and facilities available, and

(c)the responsible body's financial resources.

Part 2 E+W+SOther exceptions

Occupational requirementsE+W+S

4E+W+SA person (P) does not contravene section 91(1) or (2) if P shows that P's treatment of another person relates only to training that would help fit that other person for work the offer of which the other person could be refused in reliance on Part 1 of Schedule 9.

Institutions with a religious ethosE+W+S

5(1)The responsible body of an institution which is designated for the purposes of this paragraph does not contravene section 91(1), so far as relating to religion or belief, if, in the admission of students to a course at the institution—E+W+S

(a)it gives preference to persons of a particular religion or belief,

(b)it does so to preserve the institution's religious ethos, and

(c)the course is not a course of vocational training.

(2)A Minister of the Crown may by order designate an institution if satisfied that the institution has a religious ethos.

Commencement Information

I59Sch. 12 para. 5 wholly in force; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 12 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(6)(h) (with art. 15)

Benefits dependent on marital status, etc.E+W+S

6E+W+SA person does not contravene section 91, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service.

Child careE+W+S

7(1)A person does not contravene section 91(2)(b) or (d), so far as relating to age, only by providing, or making arrangements for or facilitating the provision of, care for children of a particular age group.E+W+S

(2)Facilitating the provision of care for a child includes—

(a)paying for some or all of the cost of the provision;

(b)helping a parent of the child to find a suitable person to provide care for the child;

(c)enabling a parent of the child to spend more time providing care for the child or otherwise assisting the parent with respect to the care that the parent provides for the child.

(3)A child is a person who has not attained the age of 17.

(4)A reference to care includes a reference to supervision.

Section 98

SCHEDULE 13E+W+SEducation: reasonable adjustments

PreliminaryE+W+S

1E+W+SThis Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.

The duty for schoolsE+W+S

2(1)This paragraph applies where A is the responsible body of a school to which section 85 applies.E+W+S

(2)A must comply with the first and third requirements.

(3)For the purposes of this paragraph—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;

(b)the reference in section 20(3) or (5) to a disabled person is—

(i)in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally;

(ii)in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled pupils generally.

(4)In relation to each requirement, the relevant matters are—

(a)deciding who is offered admission as a pupil;

(b)provision of education or access to a benefit, facility or service.

Commencement Information

I60Sch. 13 para. 2 wholly in force at 1.9.2012; para. 2 not in force at Royal Assent see s. 216; para. 2 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(6)(i)(i); para. 2 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(b)

The duty for further or higher education institutionsE+W+S

3(1)This paragraph applies where A is the responsible body of an institution to which section 91 applies.E+W+S

(2)A must comply with the first, second and third requirements.

(3)For the purposes of this paragraph—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;

(b)the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;

(c)the reference in section 20(3), (4) or (5) to a disabled person is—

(i)in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally;

(ii)in relation to a relevant matter within sub-paragraph (4)(b) or (c), a reference to disabled students generally;

(iii)in relation to a relevant matter within sub-paragraph (4)(d) or (e) below, a reference to an interested disabled person.

(4)In relation to each requirement, the relevant matters are—

(a)deciding who is offered admission as a student;

(b)provision of education;

(c)access to a benefit, facility or service;

(d)deciding on whom a qualification is conferred;

(e)a qualification that A confers.

4(1)An interested disabled person is a disabled person who, in relation to a relevant matter specified in the first column of the table, is of a description specified in the second column.E+W+S

CaseDescription of disabled person
Deciding upon whom to confer a qualification.A person who is, or has notified A that the person may be, an applicant for the conferment of the qualification.
A qualification that A confers.

An applicant for the conferment by A of the qualification.

A person on whom A confers the qualification.

(2)A provision, criterion or practice does not include the application of a competence standard.

(3)A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability.

The duty relating to certain other further or higher education coursesE+W+S

5(1)This paragraph applies where A is the responsible body in relation to a course to which section 92 applies.E+W+S

(2)A must comply with the first, second and third requirements; but if A is the governing body of a maintained school (within the meaning given by that section), A is not required to comply with the second requirement.

(3)For the purposes of this paragraph—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;

(b)the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;

(c)the reference in section 20(3), (4) or (5) to a disabled person is—

(i)in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally;

(ii)in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled persons generally who are enrolled on the course.

(4)In relation to each requirement, the relevant matters are—

(a)arrangements for enrolling persons on a course of further or higher education secured by A;

(b)services provided by A for persons enrolled on the course.

Commencement Information

I61Sch. 13 para. 5 wholly in force at 1.9.2012; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(6)(i)(ii); para. 5 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(b)

The duty relating to recreational or training facilitiesE+W+S

6(1)This paragraph applies where A is the responsible body in relation to facilities to which section 93 applies.E+W+S

(2)A must comply with the first, second and third requirements.

(3)For the purposes of this paragraph—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;

(b)the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;

(c)the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons generally.

(4)In relation to each requirement, the relevant matter is A's arrangements for providing the recreational or training facilities.

Code of practiceE+W+S

7E+W+SIn deciding whether it is reasonable for A to have to take a step for the purpose of complying with the first, second or third requirement, A must have regard to relevant provisions of a code of practice issued under section 14 of the Equality Act 2006.

Confidentiality requestsE+W+S

8(1)This paragraph applies if a person has made a confidentiality request of which A is aware.E+W+S

(2)In deciding whether it is reasonable for A to have to take a step in relation to that person so as to comply with the first, second or third requirement, A must have regard to the extent to which taking the step is consistent with the request.

(3)In a case within paragraph 2, a “confidentiality request” is a request—

(a)that the nature or existence of a disabled person's disability be treated as confidential, and

(b)which satisfies either of the following conditions.

(4)The first condition is that the request is made by the person's parent.

(5)The second condition is that—

(a)it is made by the person, and

(b)A reasonably believes that the person has sufficient understanding of the nature and effect of the request.

(6)In a case within paragraph 3, a “confidentiality request” is a request by a disabled person that the nature or existence of the person's disability be treated as confidential.

The duty for general qualifications bodiesE+W+S

9(1)This paragraph applies where A is a qualifications body for the purposes of section 96.E+W+S

(2)Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a qualifications body as they apply to a responsible body.

(3)This paragraph is subject to section 96(7).

Section 99

SCHEDULE 14E+W+SEducational charities and endowments

Educational charitiesE+W+S

1(1)This paragraph applies to a trust deed or other instrument—E+W+S

(a)which concerns property applicable for or in connection with the provision of education in an establishment in England and Wales to which section 85 or 91 applies, and

(b)which in any way restricts the benefits available under the instrument to persons of one sex.

(2)Sub-paragraph (3) applies if, on the application of the trustees or the responsible body (within the meaning of that section), a Minister of the Crown is satisfied that the removal or modification of the restriction would be conducive to the advancement of education without sex discrimination.

(3)The Minister may by order make such modifications of the instrument as appear to the Minister expedient for removing or modifying the restriction.

(4)If the trust was created by a gift or bequest, an order must not be made until the end of the period of 25 years after the date when the gift or bequest took effect.

(5)Sub-paragraph (4) does not apply if the donor or the personal representatives of the donor or testator consent in writing to making the application for the order.

(6)The Minister must require the applicant to publish a notice—

(a)containing particulars of the proposed order;

(b)stating that representations may be made to the Minister within a period specified in the notice.

(7)The period must be not less than one month beginning with the day after the date of the notice.

(8)The applicant must publish the notice in the manner specified by the Minister.

(9)The cost of publication may be paid out of the property of the trust.

(10)Before making the order, the Minister must take account of representations made in accordance with the notice.

Educational endowmentsE+W+S

2(1)This paragraph applies to an educational endowment—E+W+S

(a)to which section 104 of the Education (Scotland) Act 1980 applies, and

(b)which in any way restricts the benefit of the endowment to persons of one sex.

(2)Sub-paragraph (3) applies if, on the application of the governing body of an educational endowment, the Scottish Ministers are satisfied that the removal or modification of the provision which restricts the benefit of the endowment to persons of one sex would be conducive to the advancement of education without sex discrimination.

(3)The Scottish Ministers may by order make such provision as they think expedient for removing or modifying the restriction.

(4)If the Scottish Ministers propose to make such an order they must publish a notice in such manner as they think sufficient for giving information to persons they think may be interested in the endowment—

(a)containing particulars of the proposed order;

(b)stating that representations may be made with respect to the proposal within such period as is specified in the notice.

(5)The period must be not less than one month beginning with the day after the date of publication of the notice.

(6)The cost of publication is to be paid out of the funds of the endowment to which the notice relates.

(7)Before making an order, the Scottish Ministers—

(a)must consider representations made in accordance with the notice;

(b)may cause a local inquiry to be held into the representations under section 67 of the Education (Scotland) Act 1980.

(8)A reference to an educational endowment includes a reference to—

(a)a scheme made or approved for the endowment under Part 6 of the Education (Scotland) Act 1980;

(b)in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for the endowment under section 39 or 40 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);

(c)an endowment which is, by virtue of section 108(1) of the Education (Scotland) Act 1980, treated as if it were an educational endowment (or which would, but for the disapplication of that section by section 122(4) of that Act, be so treated);

(d)a university endowment, the Carnegie Trust, a theological endowment and a new endowment.

(9)Expressions used in this paragraph and in Part 6 of the Education (Scotland) Act 1980 have the same meaning in this paragraph as in that Part.

Section 107

SCHEDULE 15E+W+SAssociations: reasonable adjustments

PreliminaryE+W+S

1E+W+SThis Schedule applies where a duty to make reasonable adjustments is imposed on an association (A) by this Part.

The dutyE+W+S

2(1)A must comply with the first, second and third requirements.E+W+S

(2)For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons who—

(a)are, or are seeking to become or might wish to become, members,

(b)are associates, or

(c)are, or are likely to become, guests.

(3)Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted—

“(a)to avoid the disadvantage, or

(b)to adopt a reasonable alternative method of affording access to the benefit, facility or service or of admitting persons to membership or inviting persons as guests.”

(4)In relation to the first and third requirements, the relevant matters are—

(a)access to a benefit, facility or service;

(b)members' or associates' retaining their rights as such or avoiding having them varied;

(c)being admitted to membership or invited as a guest.

(5)In relation to the second requirement, the relevant matters are—

(a)access to a benefit, facility or service;

(b)being admitted to membership or invited as a guest.

(6)In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of or for the purpose of providing a benefit, facility or service, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies).

(7)Nothing in this paragraph requires A to take a step which would fundamentally alter—

(a)the nature of the benefit, facility or service concerned, or

(b)the nature of the association.

(8)Nor does anything in this paragraph require a member or associate in whose house meetings of the association take place to make adjustments to a physical feature of the house.

Section 107

SCHEDULE 16E+W+SAssociations: exceptions

Single characteristic associationsE+W+S

1(1)An association does not contravene section 101(1) by restricting membership to persons who share a protected characteristic.E+W+S

(2)An association that restricts membership to persons who share a protected characteristic does not breach section 101(3) by restricting the access by associates to a benefit, facility or service to such persons as share the characteristic.

(3)An association that restricts membership to persons who share a protected characteristic does not breach section 102(1) by inviting as guests, or by permitting to be invited as guests, only such persons as share the characteristic.

(4)Sub-paragraphs (1) to (3), so far as relating to race, do not apply in relation to colour.

(5)This paragraph does not apply to an association that is a registered political party.

Commencement Information

I62Sch. 16 para. 1 wholly in force at 1.10.2012; para. 1 not in force at Royal Assent see s. 216; para. 1 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(7)(d) (with art. 15); para. 1 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(e)

[F61AgeE+W+S

Textual Amendments

1A(1)An association does not contravene section 101(1) or (2), so far as relating to age discrimination, by giving a concession on admission to membership for—E+W+S

(a)persons of a particular age group, or

(b)persons who have been members of the association for more than a number of years specified by the association for this purpose.

(2)An association does not contravene section 101(2) or (3), so far as relating to age discrimination, by giving a concession on access to a benefit, facility or service for—

(a)members of a particular age group, or

(b)persons who have been members of the association for more than a number of years specified by the association for this purpose.

(3)An association does not contravene section 102(1), so far as relating to age discrimination, by giving a concession on invitations of persons of a particular age group as guests.

(4)An association does not contravene section 102(2), so far as relating to age discrimination, by giving a concession on access to a benefit, facility or service for guests of a particular age group.

(5)For the purposes of this paragraph, affording only persons of a particular age group access to a benefit, facility or service for a limited time is to be regarded as a concession.

(6)The reference to a concession in respect of something done by an association is a reference to a benefit, right or privilege having the effect that the manner in which, or the terms on which, it does it are more favourable than the manner in which, or the terms on which, it usually does the thing.]

Health and safetyE+W+S

2(1)An association (A) does not discriminate against a pregnant woman in contravention of section 101(1)(b) because she is pregnant if—E+W+S

(a)the terms on which A is prepared to admit her to membership include a term intended to remove or reduce a risk to her health or safety,

(b)A reasonably believes that admitting her to membership on terms which do not include that term would create a risk to her health or safety,

(c)the terms on which A is prepared to admit persons with other physical conditions to membership include a term intended to remove or reduce a risk to their health or safety, and

(d)A reasonably believes that admitting them to membership on terms which do not include that term would create a risk to their health or safety.

(2)Sub-paragraph (1) applies to section 102(1)(b) as it applies to section 101(1)(b); and for that purpose a reference to admitting a person to membership is to be read as a reference to inviting the person as a guest or permitting the person to be invited as a guest.

(3)An association (A) does not discriminate against a pregnant woman in contravention of section 101(2)(a) or (3)(a) or 102(2)(a) because she is pregnant if—

(a)the way in which A affords her access to a benefit, facility or service is intended to remove or reduce a risk to her health or safety,

(b)A reasonably believes that affording her access to the benefit, facility or service otherwise than in that way would create a risk to her health or safety,

(c)A affords persons with other physical conditions access to the benefit, facility or service in a way that is intended to remove or reduce a risk to their health or safety, and

(d)A reasonably believes that affording them access to the benefit, facility or service otherwise than in that way would create a risk to their health or safety.

(4)An association (A) which does not afford a pregnant woman access to a benefit, facility or service does not discriminate against her in contravention of section 101(2)(a) or (3)(a) or 102(2)(a) because she is pregnant if—

(a)A reasonably believes that affording her access to the benefit, facility or service would, because she is pregnant, create a risk to her health or safety,

(b)A does not afford persons with other physical conditions access to the benefit, facility or service, and

(c)the reason for not doing so is that A reasonably believes that affording them access to the benefit, facility or service would create a risk to their health or safety.

(5)An association (A) does not discriminate against a pregnant woman under section 101(2)(c) or (3)(c) because she is pregnant if—

(a)the variation of A's terms of membership, or rights as an associate, is intended to remove or reduce a risk to her health or safety,

(b)A reasonably believes that not making the variation to A's terms or rights would create a risk to her health or safety,

(c)A varies the terms of membership, or rights as an associate, of persons with other physical conditions,

(d)the variation of their terms or rights is intended to remove or reduce a risk to their health or safety, and

(e)A reasonably believes that not making the variation to their terms or rights would create a risk to their health or safety.

Commencement Information

I63Sch. 16 para. 2 wholly in force at 1.10.2012; para. 2 not in force at Royal Assent see s. 216; para. 2 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(7)(d) (with art. 15); para. 2 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(e)

Section 116

SCHEDULE 17E+W+SDisabled pupils: enforcement

Modifications etc. (not altering text)

C1Sch. 17: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)

Part 1E+W+SIntroductory

1E+W+SIn this Schedule—

  • “the Tribunal” means—

    (a)

    in relation to a school in England, the First-tier Tribunal;

    (b)

    in relation to a school in Wales, the [F62Education Tribunal for Wales];

    (c)

    in relation to a school in Scotland, [F63the First-tier Tribunal for Scotland];

  • “the English Tribunal” means the First-tier Tribunal;

  • “the Welsh Tribunal” means the [F64Education Tribunal for Wales];

  • “the Scottish Tribunal” means [F63the First-tier Tribunal for Scotland];

  • “responsible body” is to be construed in accordance with section 85.

Textual Amendments

Commencement Information

I64Sch. 17 para. 1 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 para. 1 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 17 Pt. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

Part 2E+W+STribunals in England and Wales

IntroductoryE+W+S

2E+W+SThis Part of this Schedule applies in relation to the English Tribunal and the Welsh Tribunal.

Commencement Information

I65Sch. 17 para. 2 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

Jurisdiction [F65— England F66...]E+W+S

Textual Amendments

F65Words in Sch. 17 para. 3 cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 9(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 3); S.I. 2012/320, art. 3(f)

3E+W+SA claim that a responsible body [F67in England] has contravened Chapter 1 of Part 6 because of a person's disability may be made [F68—

(a)to the English Tribunal by the person's parent or, if the person is over compulsory school age, the person;

F69(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F68Words in Sch. 17 para. 3 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 60, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Commencement Information

I66Sch. 17 para. 3 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

[F70Jurisdiction — WalesE+W

Textual Amendments

F70Sch. 17 para. 3A and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 9(3) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 3); S.I. 2012/320, art. 3(f)

3A(1)A claim that a responsible body for a school in Wales has contravened Chapter 1 of Part 6 in relation to a person because of disability may be made to the Tribunal by—E+W

[F71(a)the person (including a child not over compulsory school age), or

(b)if the person is a child not over compulsory school age, the person's parent].

(2)But this paragraph does not apply to a claim to which paragraph 13 or 14 applies.

F72(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The exercise of rights under this paragraph is subject to provision made by regulations under paragraphs 6 and [F736A(7)].]

Textual Amendments

Modifications etc. (not altering text)

Time for bringing proceedingsE+W+S

4(1)Proceedings on a claim may not be brought after the end of the period of 6 months starting with the date when the conduct complained of occurred.E+W+S

F74(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F75(2A)If, in relation to proceedings or prospective proceedings on a claim under paragraph 3 or 3A, the dispute is referred for resolution in pursuance of arrangements under paragraph 6C F76... before the end of the period of 6 months mentioned in sub-paragraph (1), that period is extended by 3 months.]

(3)The Tribunal may consider a claim which is out of time.

(4)Sub-paragraph (3) does not apply if the Tribunal has previously decided under that sub-paragraph not to consider a claim.

(5)For the purposes of sub-paragraph (1)—

(a)if the contravention is attributable to a term in a contract, the conduct is to be treated as extending throughout the duration of the contract;

(b)conduct extending over a period is to be treated as occurring at the end of the period;

(c)failure to do something is to be treated as occurring when the person in question decided on it.

(6)In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—

(a)when P acts inconsistently with doing it, or

(b)if P does not act inconsistently, on the expiry of the period in which P might reasonably have been expected to do it.

Textual Amendments

F74Sch. 17 para. 4(2) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(14)(a), 103(2)

F75Sch. 17 para. 4(2A) inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 10(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 4); S.I. 2012/320, art. 3(g)

F76Words in Sch. 17 para. 4(2A) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 64(14)(b), 103(2)

Commencement Information

I67Sch. 17 para. 4 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

PowersE+W+S

5(1)This paragraph applies if the Tribunal finds that the contravention has occurred.E+W+S

(2)The Tribunal may make such order as it thinks fit.

(3)The power under sub-paragraph (2)—

(a)may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person of any matter to which the claim relates;

(b)does not include power to order the payment of compensation.

Commencement Information

I68Sch. 17 para. 5 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

ProcedureE+W+S

6(1)This paragraph applies in relation to the Welsh Tribunal.E+W+S

(2)The Welsh Ministers may by regulations make provision as to—

(a)the proceedings on a claim under paragraph F77... [F783A];

(b)the making of a claim.

(3)The regulations may, in particular, include provision—

(a)as to the manner in which a claim must be made;

(b)for enabling functions relating to preliminary or incidental matters (including in particular a decision under paragraph 4(3) to be performed by the President or by the person occupying the chair);

(c)enabling hearings to be conducted in the absence of a member other than the person occupying the chair;

[F79(ca) for adding and substituting parties;]

(d)as to persons who may appear on behalf of the parties;

(e)for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court;

(f)requiring persons to attend to give evidence and produce documents;

(g)for authorising the administration of oaths to witnesses;

(h)for deciding claims without a hearing in prescribed circumstances;

(i)as to the withdrawal of claims;

(j)for enabling the Tribunal to stay proceedings;

(k)for the award of costs or expenses;

(l)for settling costs or expenses (and, in particular, for enabling costs to be assessed in the county court);

(m)for the registration and proof of decisions and orders;

(n)for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be decided in accordance with the regulations.

(4)Proceedings must be held in private, except in prescribed circumstances.

(5)The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as they may decide.

(6)Part 1 of the Arbitration Act 1996 does not apply to the proceedings, but regulations may make provision in relation to such proceedings that corresponds to a provision of that Part.

(7)The regulations may make provision for a claim to be heard, in prescribed circumstances, with an appeal under [F80Part 4 of the Education Act 1996 (special educational needs)] [F80Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018].

(8)A person commits an offence by failing to comply with—

(a)a requirement in respect of the disclosure or inspection of documents imposed by virtue of sub-paragraph (3)(e), or

(b)a requirement imposed by virtue of sub-paragraph (3)(f).

(9)A person guilty of the offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F78Words in Sch. 17 para. 6(2)(a) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 11(2)(a) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 5); S.I. 2012/320, art. 2(d)

F79Sch. 17 para. 6(3)(ca) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 11(2)(b) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 5); S.I. 2012/320, art. 2(d)

Commencement Information

I69Sch. 17 para. 6 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 para. 6(1)-(7) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 17 Pt. 2 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

[F81Appeals from the Welsh TribunalE+W+S

Textual Amendments

6AA(1)A party to any proceedings on a claim under paragraph (3A) before the Welsh Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the Welsh Tribunal in those proceedings.E+W+S

(2)An appeal may be brought under sub-paragraph (1) only if, on an application made by the party concerned, the Welsh Tribunal or the Upper Tribunal has given its permission.

(3)Section 12 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (proceedings on appeal to the Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this paragraph as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Welsh Tribunal.]

[F82Case friends — WalesE+W

Textual Amendments

[F836A(1)This paragraph applies to a child not over compulsory school age who⁠—E+W

(a)has the right to make a claim under paragraph 3A, and

(b)lacks the capacity to understand what it means to exercise that right.

(2)The Education Tribunal for Wales may by order—

(a)appoint a person to be a case friend for a child to whom this section applies, or

(b)remove the person from being a case friend for the child,

on the application of any person or on its own initiative, subject to provision in regulations under sub-paragraph (7).

(3)A case friend appointed for a child under this paragraph may—

(a)represent and support the child, and

(b)take decisions and act on behalf of the child,

in respect of matters arising under or by virtue of this Schedule, subject to provision in regulations under sub-paragraph (7).

(4)Where a person is appointed to be a case friend by order of the Tribunal under this paragraph, the right of a child to make a claim under paragraph 3A is to be exercised by the case friend on behalf of the child.

(5)A case friend appointed under this paragraph must—

(a)act fairly and competently,

(b)not have any interest adverse to that of the child,

(c)ensure that all steps and decisions taken by the case friend are for the benefit of the child, and

(d)take account of the child's views, so far as possible.

(6)In deciding whether to appoint a person to be a case friend, or to remove a person from being a case friend, the Tribunal must have regard, in particular, to whether the person is likely to comply (in the case of appointment) or has complied (in the case of removal) with the duty in sub-paragraph (5).

(7)The Welsh Ministers may by regulations make further provision about case friends, including (among other things) provision—

(a)conferring functions on the Education Tribunal for Wales;

(b)conferring functions on case friends;

(c)for procedures in relation to case friends;

(d)specifying the circumstances in which a person may or may not act as a case friend;

(e)specifying the circumstances in which a child must have a case friend;

(f)specifying requirements in respect of the conduct of case friends;

(g)applying any enactment with or without modifications for the purpose of enabling a case friend to make decisions or act on behalf of a child in respect of matters arising under or by virtue of this Schedule.]]

Textual Amendments

F83Sch. 17 para. 6A substituted (2.11.2020 for specified purposes; 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(g); S.I. 2020/1182, reg. 3(1)(n); S.I. 2021/373, art. 8(j)(xxxiii)

[F84Advice and information — WalesE+W

Textual Amendments

F84Sch. 17 para. 6B and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 13(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 7); S.I. 2012/320, art. 3(h)

6B(1)A local authority in Wales must arrange for any disabled child in its area and for the case friend of any such child to be provided with advice and information about matters relating to disability discrimination in schools.E+W

(2)In making the arrangements, the local authority must have regard to any guidance given by the Welsh Ministers.

(3)The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

(4)The local authority must take such steps as it considers appropriate for making the services provided under sub-paragraph (1) known to—

(a)disabled children in its area,

(b)parents of disabled children in its area,

(c)head teachers and proprietors of schools in its area, and

(d)such other persons as it considers appropriate.]

[F85Resolution of disputes — WalesE+W

Textual Amendments

F85Sch. 17 para. 6C and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 14(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 8); S.I. 2012/320, art. 3(i)

6C(1)A local authority in Wales must make arrangements with a view to avoiding or resolving disagreements between responsible bodies and disabled children in its area about contraventions of Chapter 1 of Part 6.E+W

(2)The arrangements must provide for the appointment of independent persons with the functions of facilitating the avoidance or resolution of such disagreements.

(3)In making the arrangements, the local authority must have regard to any guidance given by the Welsh Ministers.

(4)The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

(5)The local authority must take such steps as it considers appropriate for making the arrangements under sub-paragraph (1) known to—

(a)disabled children in its area,

(b)parents of disabled children in its area,

(c)head teachers and proprietors of schools in its area, and

(d)such other persons as it considers appropriate.

(6)The arrangements cannot affect the entitlement of any person to make a claim to the Tribunal, and the local authority must take such steps as it considers appropriate to make that fact known to disabled children, to parents of disabled children and to case friends for disabled children in its area.]

[F86Independent advocacy services — WalesE+W

Textual Amendments

F86Sch. 17 para. 6D and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 15(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 9); S.I. 2012/320, art. 3(j)

6D(1)Every local authority in Wales must—E+W

(a)make arrangements for the provision of independent advocacy services in its area;

(b)refer any disabled child in its area who requests independent advocacy services to a service provider;

(c)refer any person who is a case friend for a disabled child in its area and who requests independent advocacy services to a service provider.

(2)In this paragraph “independent advocacy services” are services providing advice and assistance (by way of representation or otherwise) to a disabled child who is—

(a)making, or intending to make a claim that a responsible body has contravened Chapter 1 of Part 6 because of the child's disability; or

(b)considering whether to make such a claim; or

(c)taking part in or intending to take part in dispute resolution arrangements made under paragraph 6C.

(3)In making arrangements under this paragraph, every local authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is—

(a)the subject of a claim to the Tribunal, or

(b)involved in investigating or adjudicating on such a claim.

(4)The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

(5)Every local authority in Wales must take such steps as it considers appropriate for making the arrangements under this paragraph known to—

(a)disabled children in its area,

(b)parents of disabled children in its area,

(c)head teachers and proprietors of schools in its area, and

(d)such other persons as it considers appropriate.

(6)The arrangements may include provision for payments to be made to, or in relation to, any person carrying out functions in accordance with the arrangements.

(7)A local authority must have regard to any guidance given from time to time by the Welsh Ministers.]

[F87Power of direction — WalesE+W

Textual Amendments

F87Sch. 17 para. 6E and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 16(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 10); S.I. 2012/320, art. 3(k)

6E(1)If the Welsh Ministers are satisfied (whether on a complaint or otherwise) that a local authority—E+W

(a)has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under paragraph 6B, 6C or 6D, or

(b)has failed to discharge a duty imposed by or under any of those paragraphs,

they may give that local authority such directions as to the discharge of the duty as appear to them to be expedient.

(2)A direction may be given under sub-paragraph (1) even if the performance of the duty is contingent on the opinion of the local authority.

(3)A direction—

(a)may be varied or revoked by the Welsh Ministers;

(b)may be enforced, on the application of the Welsh Ministers, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981.]

[F88Capacity of parents and persons over compulsory school age - WalesE+W+S

Textual Amendments

F88Sch. 17 para. 6F inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 19(5)(h); S.I. 2020/1182, reg. 3(1)(n); S.I. 2021/373, art. 8(j)(xxxiii)

6F(1)The Welsh Ministers must make regulations for the purpose of a claim that a responsible body for a school in Wales has contravened Chapter 1 of Part 6 in relation to a person because of disability in a case to which sub-paragraph (2) or (3) applies.E+W+S

(2)This sub-paragraph applies where the person is a child not over compulsory school age and the parent of the person lacks capacity at the relevant time.

(3)This sub-paragraph applies where the person is over compulsory school age and lacks capacity at the relevant time.

(4)Regulations under sub-paragraph (1) may include provision applying any enactment with modifications, including (for example) provision for modifications to have effect despite section 27(1)(g) of the Mental Capacity Act 2005 (c. 9) (which does not permit decisions on discharging parental responsibilities in matters not relating to a child's property to be made on a person's behalf).

(5)In this paragraph “the relevant time” means the time at which, under this Act, something is required or permitted to be done by or in relation to a parent or a person over compulsory school age.

(6)The reference in this paragraph to lacking capacity is to lacking capacity within the meaning of the Mental Capacity Act 2005.

(7)“Representative”, in relation to a parent or a person over compulsory school age, means—

(a)a deputy appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 to make decisions on the parent's or person's behalf in relation to matters within this Schedule;

(b)the donee of a lasting power of attorney (within the meaning of section 9 of that Act) appointed by the parent or person to make decisions on his or her behalf in relation to matters within this Schedule;

(c)an attorney in whom an enduring power of attorney (within the meaning of Schedule 4 to that Act) created by the parent or person is vested, where the power of attorney is registered in accordance with paragraphs 4 and 13 of that Schedule or an application for registration of the power of attorney has been made.]

Part 3E+W+STribunals in Scotland

IntroductoryE+W+S

7E+W+SThis Part of this Schedule applies in relation to the Scottish Tribunal.

Commencement Information

I70Sch. 17 para. 7 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7)

JurisdictionE+W+S

8E+W+SA claim that a responsible body has contravened Chapter 1 of Part 6 because of a person's disability may be made to the Tribunal by—

(a)the person's parent;

(b)where the person has capacity to make the claim, the person.

Commencement Information

I71Sch. 17 para. 8 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7)

PowersE+W+S

9(1)This paragraph applies if the Tribunal finds the contravention has occurred.E+W+S

(2)The Tribunal may make such order as it thinks fit.

(3)The power under sub-paragraph (2)—

(a)may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person of any matter to which the claim relates;

(b)does not include power to order the payment of compensation.

Commencement Information

I72Sch. 17 para. 9 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7)

Procedure etc.E+W+S

10(1)The Scottish Ministers may make rules as to—E+W+S

(a)the proceedings on a claim under paragraph 8;

(b)the making of a claim.

(2)The rules may, in particular, include provision for or in connection with—

(a)the form and manner in which a claim must be made;

(b)the time within which a claim is to be made;

(c)the withdrawal of claims;

(d)the recovery and inspection of documents;

(e)the persons who may appear on behalf of the parties;

(f)the persons who may be present at proceedings alongside any party or witness to support the party or witness;

(g)enabling specified persons other than the parties to appear or be represented in specified circumstances;

(h)requiring specified persons to give notice to other specified persons of specified matters;

(i)the time within which any such notice must be given;

(j)enabling Tribunal proceedings to be conducted in the absence of any member of a Tribunal other than the convener;

(k)enabling any matters that are preliminary or incidental to the determination of proceedings to be determined by the convenor of a Tribunal alone or with such other members of the Tribunal as may be specified;

(l)enabling Tribunals to be held in private;

(m)enabling a Tribunal to exclude any person from attending all or part of Tribunal proceedings;

(n)enabling a Tribunal to impose reporting restrictions in relation to all or part of Tribunal proceedings;

(o)enabling a Tribunal to determine specified matters without holding a hearing;

(p)the recording and publication of decisions and orders of a Tribunal;

(q)enabling a Tribunal to commission medical and other reports in specified circumstances;

(r)requiring a Tribunal to take specified actions, or to determine specified proceedings, within specified periods;

(s)enabling a Tribunal to make an award of expenses;

(t)the taxation or assessment of such expenses;

(u)enabling a Tribunal, in specified circumstances, to review, or to vary or revoke, any of its decisions, orders or awards;

(v)enabling a Tribunal, in specified circumstances, to review the decisions, orders or awards of another Tribunal and take such action (including variation and revocation) in respect of those decisions, orders or awards as it thinks fit.

Commencement Information

I73Sch. 17 para. 10 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7)

AppealsE+W+S

F8911E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendment of Education (Additional Support for Learning) (Scotland) Act 2004E+W+S

12E+W+SThe Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) is amended as follows—

(a)in section 17(1), omit “to exercise the functions which are conferred on a Tribunal by virtue of this Act”;

(b)after section 17(1), insert—

“(1A)Tribunals are to exercise the functions which are conferred on them by virtue of—

(a)this Act, and

(b)the Equality Act 2010”;

(c)in the definition of “Tribunal functions” in paragraph 1 of Schedule 1, after “Act” insert “ or the Equality Act 2010 ”.

Commencement Information

I74Sch. 17 para. 12 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7)

Part 4E+W+SAdmissions and exclusions

AdmissionsE+W+S

13(1)This paragraph applies if appeal arrangements have been made in relation to admissions decisions.E+W+S

(2)A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an admissions decision must be made under the appeal arrangements.

(3)The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements.

(4)Appeal arrangements are arrangements under—

(a)section 94 of the School Standards and Framework Act 1998, or

[F90(b)Academy arrangements (as defined in section 1 of the Academies Act 2010) between the responsible body for an Academy and the Secretary of State,]

enabling an appeal to be made by the person's parent against the decision.

(5)An admissions decision is—

(a)a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998;

(b)a decision as to the admission of a person to an [F91Academy school or an alternative provision Academy] taken by the responsible body or on its behalf.

Textual Amendments

F90Sch. 17 para. 13(4)(b) substituted (1.2.2012) by Education Act 2011 (c. 21), s. 65, Sch. 15 para. 2; S.I. 2012/84, art. 3

F91Words in Sch. 17 para. 13(5)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 54(1), Sch. 13 para. 20(4); S.I. 2012/924, art. 2

Commencement Information

I75Sch. 17 para. 13 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 4 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(iii) (with art. 15, and subject to transitional provision in art. 7)

Exclusions [F92: Wales]E+W+S

Textual Amendments

F92Word in Sch. 17 para. 14 cross-heading inserted (1.9.2012) by Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 12; S.I. 2012/1087, art. 3

14(1)This paragraph applies if appeal arrangements have been made in relation to exclusion decisions [F93that are made in relation to schools in Wales].E+W+S

(2)A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an exclusion decision must be made under the appeal arrangements.

(3)The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements.

[F94(4)Appeal arrangements are arrangements under section 52(3) of the Education Act 2002 enabling an appeal to be made against an exclusion decision.]

(5)An exclusion decision is—

(a)a decision of a kind mentioned in 52(3) of the Education Act 2002;

(b)F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)“Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under section 19 of the Education Act 2002.

(7)“Maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998.

Textual Amendments

F93Words in Sch. 17 para. 14(1) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 13(a); S.I. 2012/1087, art. 3

F94Sch. 17 para. 14(4) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 13(b); S.I. 2012/1087, art. 3

F95Sch. 17 para. 14(5)(b) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 4(4), Sch. 1 para. 13(c); S.I. 2012/1087, art. 3

Commencement Information

I76Sch. 17 para. 14 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 4 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(iii) (with art. 15, and subject to transitional provision in art. 7)

Section 149

SCHEDULE 18E+W+SPublic sector equality duty: exceptions

ChildrenE+W+S

1(1)Section 149, so far as relating to age, does not apply to the exercise of a function relating to—E+W+S

(a)the provision of education to pupils in schools;

(b)the provision of benefits, facilities or services to pupils in schools;

(c)the provision of accommodation, benefits, facilities or services in community homes pursuant to section 53(1) of the Children Act 1989;

(d)the provision of accommodation, benefits, facilities or services pursuant to arrangements under section 82(5) of that Act (arrangements by the Secretary of State relating to the accommodation of children);

(e)the provision of accommodation, benefits, facilities or services in residential establishments pursuant to section 26(1)(b) of the Children (Scotland) Act 1995.

(2)“Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6.

ImmigrationE+W+S

2(1)In relation to the exercise of immigration and nationality functions, section 149 has effect as if subsection (1)(b) did not apply to the protected characteristics of age, race or religion or belief; but for that purpose “race” means race so far as relating to—E+W+S

(a)nationality, or

(b)ethnic or national origins.

(2)“Immigration and nationality functions” means functions exercisable by virtue of—

(a)the Immigration Acts (excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to criminal offences),

(b)the British Nationality Act 1981,

(c)the British Nationality (Falkland Islands) Act 1983,

(d)the British Nationality (Hong Kong) Act 1990,

(e)the Hong Kong (War Wives and Widows) Act 1996,

(f)the British Nationality (Hong Kong) Act 1997,

(g)the Special Immigration Appeals Commission Act 1997, or

(h)[F96anything which forms part of retained EU law by virtue of section 2(2)(a), 3 or 4 of the European Union (Withdrawal) Act 2018 and] relates to the subject matter of an enactment within paragraphs (a) to (g).

Textual Amendments

Judicial functions, etc.E+W+S

3(1)Section 149 does not apply to the exercise of—E+W+S

(a)a judicial function;

(b)a function exercised on behalf of, or on the instructions of, a person exercising a judicial function.

(2)The references to a judicial function include a reference to a judicial function conferred on a person other than a court or tribunal.

Exceptions that are specific to section 149(2)E+W+S

4(1)Section 149(2) (application of section 149(1) to persons who are not public authorities but by whom public functions are exercisable) does not apply to—E+W+S

(a)a person listed in sub-paragraph (2);

(b)the exercise of a function listed in sub-paragraph (3).

(2)Those persons are—

(a)the House of Commons;

(b)the House of Lords;

(c)the Scottish Parliament;

(d)the National Assembly for Wales;

(e)the General Synod of the Church of England;

(f)the Security Service;

(g)the Secret Intelligence Service;

(h)the Government Communications Headquarters;

(i)a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

(3)Those functions are—

(a)a function in connection with proceedings in the House of Commons or the House of Lords;

(b)a function in connection with proceedings in the Scottish Parliament (other than a function of the Scottish Parliamentary Corporate Body);

(c)a function in connection with proceedings in the National Assembly for Wales (other than a function of the Assembly Commission).

Power to amend ScheduleE+W+S

5(1)A Minister of the Crown may by order amend this Schedule so as to add, vary or omit an exception to section 149.E+W+S

(2)But provision by virtue of sub-paragraph (1) may not amend this Schedule—

(a)so as to omit an exception in paragraph 3;

(b)so as to omit an exception in paragraph 4(1) so far as applying for the purposes of paragraph 4(2)(a) to (e) or (3);

(c)so as to reduce the extent to which an exception referred to in paragraph (a) or (b) applies.

Section 150

SCHEDULE 19E+W+SPublic authorities

Part 1E+W+SPublic authorities: general

Ministers of the Crown and government departmentsE+W+S

  • A Minister of the Crown.

  • A government department other than the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.

Armed forcesE+W+S

  • Any of the armed forces other than any part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

  • [F97Service Police Complaints Commissioner.]

Textual Amendments

F97Words in Sch. 19 Pt. 1 inserted (1.11.2022 for specified purposes, 19.6.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 4 para. 8; S.I. 2022/1095, reg. 3; S.I. 2023/621, reg. 2

[F98BroadcastingE+W+S

Textual Amendments

  • The British Broadcasting Corporation (“ BBC ”), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003); and the reference to the BBC includes a reference to a body corporate which—

    (a)

    is a wholly owned subsidiary of the BBC ,

    (b)

    is not operated with a view to generating a profit, and

    (c)

    undertakes activities primarily in order to promote the BBC 's public purposes.

  • The Channel Four Television Corporation, except in respect of—

    (a)

    functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003), and

    (b)

    the function of carrying on the activities referred to in section 199 of that Act.

  • The Welsh Authority (as defined by section 56(1) of the Broadcasting Act 1990), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003).]

[F99Citizens' rightsE+W+S

Textual Amendments

  • The Independent Monitoring Authority for the Citizens' Rights Agreements.]

[F100Civil libertiesE+W+S

Textual Amendments

  • The Commission for Equality and Human Rights.

  • The Information Commissioner.]

[F101Court services and legal servicesE+W+S

Textual Amendments

  • The Children and Family Court Advisory and Support Service.

  • The Judicial Appointments Commission.

  • The Legal Services Board.

  • F102...]

Textual Amendments

F102Sch. 19 Pt. 1 entry omitted (1.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 39(1), Sch. 5 para. 70; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

[F103Criminal justiceE+W+S

Textual Amendments

  • Her Majesty's Chief Inspector of Constabulary.

  • Her Majesty's Chief Inspector of the Crown Prosecution Service.

  • Her Majesty's Chief Inspector of Prisons.

  • Her Majesty's Chief Inspector of Probation for England and Wales.

  • [F104The Forensic Science Regulator.]

  • The Parole Board for England and Wales.

  • A probation trust established by an order made under section 5(1) of the Offender Management Act 2007.

  • The Youth Justice Board for England and Wales.]

Textual Amendments

[F105Environment, housing and developmentE+W+S

Textual Amendments

  • The Homes and Communities Agency.

  • Natural England.

  • [F106The Office for Environmental Protection.]

  • F107...

  • F108...]

Textual Amendments

F106Sch. 19 Pt. 1: entry inserted (17.11.2021) by Environment Act 2021 (c. 30), s. 147(3), Sch. 1 para. 23 (with s. 144); S.I. 2021/1274, reg. 2(i)

[F109Health, social care and social security]E+W+S

Textual Amendments

  • [F110[F111[F112NHS England].

  • [F113An integrated care board established under section 14Z25 of the National Health Service Act 2006.]]

  • The Care Quality Commission.

  • [F114The Commissioner for Patient Safety.]

  • F115...

  • F116...

  • [F117The Health Research Authority.]

  • The Health Service Commissioner for England, in respect of—

    (a)

    the Commissioner's functions set out in paragraph 11 of Schedule 1 to the Health Service Commissioners Act 1993; and

    (b)

    the Commissioner's public procurement functions (as defined in section 155(3) of this Act).

  • F118...

  • An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

  • F119...

  • F120...

  • A Special Health Authority established under section 28 of that Act other than NHS Blood and Transplant and the NHS Business Services Authority.

  • F121...

  • F122...

  • [F123The National Data Guardian for Health and Social Care.]

  • [F124The National Institute for Health and Care Excellence.]]

Textual Amendments

F111Sch. 19 Pt. 1 entries inserted (27.3.2012 for specified purposes otherwise 1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(a); S.I. 2012/1831, art. 2(2)

F117Words in Sch. 19 Pt. 1 inserted (1.1.2015) by Care Act 2014 (c. 23), s. 127(1), Sch. 7 para. 27; S.I. 2014/2473, art. 5(m)

F119Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise prosp.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 179(6), 306(1)(d)(4), Sch. 14 para. 116 (with s. 179(5)(b))

F120Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise 1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(c); S.I. 2013/160, art. 2(2)

F121Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise 1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(d); S.I. 2013/160, art. 2(2)

F124Sch. 19 Pt. 1 entry added (27.3.2012 for specified purposes otherwise 1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 249(1), 306(1)(d), Sch. 17 para. 14; S.I. 2013/160, art. 2(2)

[F125 Industry, business, finance etc. E+W+S

Textual Amendments

  • [F126The Advanced Research and Invention Agency.]

  • The Advisory, Conciliation and Arbitration Service.

  • The Bank of England [F127(including the Bank in its capacity as the Prudential Regulation Authority)], in respect of its public functions.

  • [F128The Board of the Pension Protection Fund.]

  • The Civil Aviation Authority.

  • F129 ...

  • [F128The Coal Authority.]

  • F130...

  • [F131The Comptroller and Auditor General.]

  • [F128The Construction Industry Training Board.]

  • [F128The Engineering Construction Industry Training Board.]

  • [F132The Financial Conduct Authority.]

  • [F133The Financial Reporting Council Limited.]

  • [F134The Money and Pensions Service.]

  • The National Audit Office.

  • [F128The Nuclear Decommissioning Authority.]

  • [F135The Office for Budget Responsibility.]

  • The Office of Communications.

  • [F136The Office of Tax Simplification.]

  • [F128The Oil and Gas Authority.]

  • [F137The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.]

  • [F138The Trade Remedies Authority.]

  • F139...

  • F140...

  • [F141United Kingdom Research and Innovation.]]

Textual Amendments

F136Words in Sch. 19 Pt. 1 inserted (28.11.2016) by Finance Act 2016 (c. 24), s. 189, Sch. 25 para. 15; S.I. 2016/1133, reg. 2

F138Words in Sch. 19 Pt. 1 inserted (1.6.2021) by Trade Act 2021 (c. 10), Sch. 4 para. 40; S.I. 2021/550, reg. 3(c)

Local governmentE+W+S

  • A county council, district council or parish council in England.

  • A parish meeting constituted under section 13 of the Local Government Act 1972.

  • Charter trustees constituted under section 246 of that Act for an area in England.

  • The Greater London Authority.

  • A London borough council.

  • The Common Council of the City of London in its capacity as a local authority or port health authority.

  • The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in that person's capacity as a local authority.

  • F142...

  • [F143The London Fire Commissioner,]

  • Transport for London.

  • [F144A Mayoral development corporation.]

  • The Council of the Isles of Scilly.

  • The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988.

  • F145...

  • A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in England.

  • [F146A fire and rescue authority created by an order under section 4A of that Act.]

  • An internal drainage board which is continued in being by virtue of section 1 of the Land Drainage Act 1991 for an area in England.

  • A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in England.

  • A Passenger Transport Executive for an integrated transport area in England (within the meaning of Part 2 of the Transport Act 1968).

  • A port health authority constituted by an order under section 2 of the Public Health (Control of Disease) Act 1984 for an area in England.

  • A waste disposal authority established by virtue of an order under section 10(1) of the Local Government Act 1985.

  • A joint authority established under Part 4 of that Act for an area in England (including, by virtue of section 77(9) of the Local Transport Act 2008, an Integrated Transport Authority established under Part 5 of that Act of 2008).

  • [F147A sub-national transport body established under section 102E of the Local Transport Act 2008.]

  • A body corporate established pursuant to an order under section 67 of the Local Government Act 1985.

  • A joint committee constituted in accordance with section 102(1)(b) of the Local Government Act 1972 for an area in England.

  • A joint board which is continued in being by virtue of section 263(1) of that Act for an area in England.

  • F148...

  • [F149A Local Commissioner in England as defined by section 23(3) of the Local Government Act 1974, in respect of—

    (a)

    the Commissioner's functions under sections 29(6A) and 34G(6) of that Act, and section 210(5) of the Apprenticeships, Skills, Children and Learning Act 2009; and

    (b)

    the Commissioner's public procurement functions (as defined in section 155(3) of this Act).

  • F150...]

  • [F151A combined authority established by an order made under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009.

  • An economic prosperity board established by an order made under section 88(1) of the Local Democracy, Economic Development and Construction Act 2009.

  • An urban development corporation established by an order made under section 135 of the Local Government, Planning and Land Act 1980.]

Textual Amendments

F142Sch. 19 Pt. 1 entry repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 237, Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

F143Words in Sch. 19 Pt. 1 substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 116; S.I. 2018/227, reg. 4(c)

F144Sch. 19 Pt. 1 entry inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 222, 240(1)(l), Sch. 22 para. 62

F145Sch. 19 Pt. 1 entry repealed (1.7.2012 at 00.02 a.m.) by Public Bodies Act 2011 (c. 24), s. 30(3), Sch. 6 (with Sch. 6 Note 1); S.I. 2012/1662, art. 2(2)(b)

F146Words in Sch. 19 Pt. 1 inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 85; S.I. 2017/399, reg. 2, Sch. para. 38

F147Words in Sch. 19 Pt. 1 inserted (E.W.) (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 5 para. 31

Other educational bodiesE+W+S

  • The governing body of an educational establishment maintained by an English local authority (within the meaning of section 162 of the Education and Inspections Act 2006).

  • The governing body of an institution in England within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).

  • The governing body of an institution in England within the higher education sector (within the meaning of section 91(5) of that Act).

  • F152...

  • [F153A local authority with respect to the pupil referral units it establishes and maintains by virtue of section 19 [F154or 19A] of the Education Act 1996.]

  • [F155The National Citizen Service Trust.]

  • [F156The Office for Students.]

  • [F157The proprietor of a City Technology College, a City College for Technology of the Arts, or an Academy.]

Textual Amendments

F154Words in Sch. 19 Pt. 1 inserted (W.) (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (2021 asc 4), s. 84(1), Sch. 2 para. 65 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

F155Words in Sch. 19 Pt. 1 inserted (E.W.) (1.12.2018) by National Citizen Service Act 2017 (c. 15), s. 14(2), Sch. 2 para. 4; S.I. 2018/1239, reg. 2(h)

[F158Parliamentary and devolved bodiesE+W+S

Textual Amendments

  • The National Assembly for Wales Commission (Comisiwn Cynulliad Cenedlaethol Cymru).

  • The Parliamentary Commissioner for Administration, in respect of—

    (a)

    the Commissioner's functions set out in section 3(1) and (1A) of the Parliamentary Commissioner Act 1967; and

    (b)

    the Commissioner's public procurement functions (as defined in section 155(3) of this Act).

  • The Scottish Parliamentary Corporate Body.]

[F159Police]E+W+S

Textual Amendments

  • [F160The British Transport Police Force.

  • A chief constable of a police force maintained under section 2 of the Police Act 1996.

  • The Chief Inspector of the UK Border Agency.

  • The Civil Nuclear Police Authority.

  • [F161 The College of Policing.]

  • The Commissioner of Police for the City of London.

  • The Commissioner of Police of the Metropolis.

  • The Common Council of the City of London in its capacity as a police authority.

  • [F162The Director General of the Independent Office for Police Conduct.]

  • [F162The Independent Office for Police Conduct.]

  • F163...

  • [F164A police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.

  • The Mayor's Office for Policing and Crime established under section 3 of that Act.

  • A Port Police Force established under an order made under section 14 of the Harbours Act 1964.

  • The Port Police Force established under Part 10 of the Port of London Act 1968.

  • A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.

  • F165 ...]]

Textual Amendments

F162Sch. 19 Pt. 1 entries inserted (31.1.2017 for specified purposes; 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 72; S.I. 2017/1249, reg. 2(2)(d)

F163Sch. 19 Pt. 1 entry omitted (31.1.2017 for specified purposes; 8.1.2018 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 72; S.I. 2017/1249, reg. 2(2)(d)

F164Sch. 19 Pt. 1 entries substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 98, Sch. 16 para. 383; S.I. 2011/3019, art. 3, {Sch. 1 para. (nnn)(iii)}

F165 Sch. 19 Pt. 1 entry omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 183; S.I. 2013/1682, art. 3(v)

[F166RegulatorsE+W+S

Textual Amendments

  • F167...

  • [F168The Association of Chartered Certified Accountants, in respect of its public functions.]

  • F167...

  • The Chartered Institute of Patent Attorneys, in respect of its public functions.

  • The Council for Licensed Conveyancers, in respect of its public functions.

  • [F169The Disclosure and Barring Service.]

  • [F169The Gambling Commission.]

  • [F169The Gangmasters and Labour Abuse Authority.]

  • The General Chiropractic Council, in respect of its public functions.

  • The General Council of the Bar, in respect of its public functions.

  • The General Dental Council, in respect of its public functions.

  • The General Medical Council, in respect of its public functions.

  • [F169The General Optical Council, in respect of its public functions.]

  • [F169The General Osteopathic Council, in respect of its public functions.]

  • [F169The General Pharmaceutical Council, in respect of its public functions.]

  • The Health and Safety Executive.

  • [F169The Health and Care Professions Council, in respect of its public functions.]

  • [F170The Office for Nuclear Regulation.]

  • [F169The Independent Monitor appointed under section 119B of the Police Act 1997.]

  • The Insolvency Practitioners Association, in respect of its public functions.

  • The Institute of Chartered Accountants in England and Wales, in respect of its public functions.

  • The Institute of Legal Executives, in respect of its public functions.

  • The Institute of Trade Mark Attorneys, in respect of its public functions.

  • The Law Society of England and Wales, in respect of its public functions.

  • The Nursing and Midwifery Council, in respect of its public functions.

  • The Office of the Immigration Services Commissioner.

  • [F169The Pensions Regulator.]

  • [F171The Regulator of Social Housing.]

  • [F169The Security Industry Authority.]

  • [F172Social Work England.]]

Textual Amendments

F170 Sch. 19 Pt. 1 entry inserted (10.3.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 102; S.I. 2014/251, art. 3(f)(vi)

F172Words in Sch. 19 Pt. 1 inserted (E.) (23.7.2018) by The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(3), 40

[F173Transport E+W+S

Textual Amendments

  • High Speed Two (HS2) Limited.

  • Highways England Company Limited.

  • Network Rail Limited.]

Part 2E+W+SPublic authorities: relevant Welsh authorities

Welsh Assembly Government, etc.E+W+S

  • The Welsh Ministers.

  • The First Minister for Wales.

  • The Counsel General to the Welsh Assembly Government.

  • A subsidiary of the Welsh Ministers (within the meaning given by section 134(4) of the Government of Wales Act 2006).

National Health ServiceE+W+S

  • A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

  • An NHS trust established under section 18 of that Act.

  • F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F176. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Local governmentE+W+S

  • [F177A corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021.]

  • [F178A county council or county borough council in Wales.]

  • F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales.

  • F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales.

  • F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F180Words in Sch. 19 Pt. 2 omitted (E.W.) (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 43

Other educational bodiesE+W+S

  • The governing body of an educational establishment maintained by a Welsh local authority (within the meaning of section 162 of the Education and Inspections Act 2006).

  • The governing body of an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).

  • The governing body of an institution in Wales within the higher education sector (within the meaning of section 91(5) of that Act).

  • [F181The Higher Education Funding Council for Wales or Cyngor Cyllido Addysg Uwch Cymru.

  • The General Teaching Council for Wales or Cyngor Addysgu Cyffredinol Cymru.

  • Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.]

  • [F182Qualifications Wales.]

Textual Amendments

F182Words in Sch. 19 Pt. 2 inserted (E.W.) (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 1 para. 40; S.I. 2015/1687, art. 2 (with arts. 3-12)

[F183Other public authoritiesE+W+S

Textual Amendments

  • [F184The Welsh Revenue Authority or Awdurdod Cyllid Cymru.]

  • The Auditor General for Wales or Archwilydd Cyffredinol Cymru.

  • [F185The Citizen Voice Body for Health and Social Care, Wales or Corff Llais y Dinesydd ar gyfer Iechyd a Gofal Cymdeithasol, Cymru.]

  • The Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru.

  • [F186Social Care Wales or Gofal Cymdeithasol Cymru.]

  • The Arts Council for Wales or Cyngor Celfyddydau Cymru.

  • The National Museum of Wales or Amgueddfa Genedlaethol Cymru.

  • The National Library of Wales or Llyfrgell Genedlaethol Cymru.

  • The Sports Council for Wales or Cyngor Chwaraeon Cymru.

  • [F187Comisiynydd y Gymraeg (The Welsh Language Commissioner).]

  • F188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • The Commissioner for Older People in Wales or Comisiynydd Pobl Hŷn Cymru.

  • The Children's Commissioner for Wales or Comisiynydd Plant Cymru.

  • [F189The Wales Audit Office or Swyddfa Archwilio Cymru.]]

Textual Amendments

Part 3E+W+SPublic authorities: relevant Scottish authorities

Scottish AdministrationE+W+S

  • An office-holder in the Scottish Administration (within the meaning given by section 126(7)(a) of the Scotland Act 1998).

National Health ServiceE+W+S

  • A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.

  • A Special Health Board constituted under that section.

Local governmentE+W+S

  • A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

  • A community council established under section 51 of the Local Government (Scotland) Act 1973.

  • A joint board within the meaning of section 235(1) of that Act.

  • F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • A licensing board established under section 5 of the Licensing (Scotland) Act 2005, or continued in being by virtue of that section.

  • A National Park authority established by a designation order made under section 6 of the National Parks (Scotland) Act 2000.

  • Scottish Enterprise and Highlands and Islands Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990.

Textual Amendments

Other educational bodiesE+W+S

  • An education authority in Scotland (within the meaning of section 135(1) of the Education (Scotland) Act 1980).

  • The managers of a grant-aided school (within the meaning of that section).

  • The board of management of a college of further education (within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992).

  • In the case of such a college of further education not under the management of a board of management, the board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors.

  • The governing body of an institution within the higher education sector (within the meaning of Part 2 of the Further and Higher Education (Scotland) Act 1992).

[F191Police and Fire]E+W+S

Textual Amendments

  • [F192The Scottish Police Authority.]

  • [F193The chief constable of the Police Service of Scotland.

  • The Scottish Fire and Rescue Service.

  • The Chief Officer of the Scottish Fire and Rescue Service.]

Textual Amendments

[F194Other bodies and offices added on 6th April 2011E+W+S

Textual Amendments

  • Accounts Commission for Scotland.

  • Audit Scotland.

  • Board of Trustees of the National Galleries of Scotland.

  • Board of Trustees of the National Museums of Scotland.

  • Board of Trustees of the Royal Botanic Garden, Edinburgh.

  • Bòrd na Gàidhlig.

  • F195 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • A chief officer of a community justice authority.

  • F195 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Commissioner for Children and Young People in Scotland.

  • Commission for Ethical Standards in Public Life in Scotland.

  • The Common Services Agency for the Scottish Health Service.

  • A community justice authority.

  • Creative Scotland.

  • The Crofters Commission.

  • The General Teaching Council for Scotland.

  • Healthcare Improvement Scotland

  • Learning and Teaching Scotland.

  • The Mental Welfare Commission for Scotland.

  • The Police Complaints Commissioner for Scotland.

  • Quality Meat Scotland.

  • A regional Transport Partnership created by an order under section 1(1) of the Transport (Scotland) Act 2005.

  • Risk Management Authority.

  • Royal Commission on the Ancient and Historical Monuments of Scotland.

  • Scottish Children's Reporter Administration.

  • Scottish Commission for Human Rights.

  • The Scottish Criminal Cases Review Commission.

  • Scottish Environment Protection Agency.

  • Scottish Further and Higher Education Funding Council.

  • Scottish Futures Trust Ltd.

  • Scottish Information Commissioner.

  • The Scottish Legal Aid Board.

  • The Scottish Legal Complaints Commission.

  • Scottish Natural Heritage.

  • F195 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Scottish Public Services Ombudsman.

  • Scottish Qualifications Authority.

  • The Scottish Road Works Commissioner.

  • The Scottish Social Services Council.

  • The Scottish Sports Council.

  • Scottish Water.

  • Skills Development Scotland.

  • Social Care and Social Work Improvement Scotland.

  • The Standards Commission for Scotland.

  • [F196The National Library of Scotland].

  • VisitScotland.

  • A Water Customer Consultation Panel.

  • The Water Industry Commission for Scotland.]

Textual Amendments

[F197Other bodies and offices added on 5th March 2012S

Textual Amendments

  • Children's Hearings Scotland.

  • The National Convener of Children's Hearings Scotland.]

[F198Other bodies added on 1st April 2015S

Textual Amendments

  • Historic Environment Scotland.

  • An integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014.

  • A regional board (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005).]

[F199Other body added on 28th June 2018 S

Textual Amendments

  • ILF Scotland.]

[F200Other body added on 26th November 2020S

Textual Amendments

  • The Scottish National Investment Bank p.l.c.]

[F201Other office added on 1st December 2020 S

Textual Amendments

  • Scottish Biometrics Commissioner.]

[F202Other body added on 23rd December 2021 S

Textual Amendments

  • South of Scotland Enterprise.]

[F203PART 4E+W+SPUBLIC AUTHORITIES: CROSS-BORDER AUTHORITIES

Textual Amendments

Cross-border Welsh authoritiesE+W+S

  • The Environment Agency – D

  • [F204The Natural Resources Body for Wales – A]

  • NHS Blood and Transplant – D

  • The NHS Business Services Authority – D

  • The Student Loans Company Limited – D]

Textual Amendments

F205F205SCHEDULE 20E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F205Sch. 20 repealed (31.12.2010) by Equality Act 2010 (c. 15), ss. 186(2), 216 (with ss. 6(4), 205)

Section 189

SCHEDULE 21E+W+SReasonable adjustments: supplementary

PreliminaryE+W+S

1E+W+SThis Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15.

Binding obligations, etc.E+W+S

2(1)This paragraph applies if—E+W+S

(a)a binding obligation requires A to obtain the consent of another person to an alteration of premises which A occupies,

(b)where A is a controller of let premises, a binding obligation requires A to obtain the consent of another person to a variation of a term of the tenancy, or

(c)where A is a responsible person in relation to common parts, a binding obligation requires A to obtain the consent of another person to an alteration of the common parts.

(2)For the purpose of discharging a duty to make reasonable adjustments—

(a)it is always reasonable for A to have to take steps to obtain the consent, but

(b)it is never reasonable for A to have to make the alteration before the consent is obtained.

(3)In this Schedule, a binding obligation is a legally binding obligation in relation to premises, however arising; but the reference to a binding obligation in sub-paragraph (1)(a) or (c) does not include a reference to an obligation imposed by a tenancy.

(4)The steps referred to in sub-paragraph (2)(a) do not include applying to a court or tribunal.

Landlord's consentE+W+S

3(1)This paragraph applies if—E+W+S

(a)A occupies premises under a tenancy,

(b)A is proposing to make an alteration to the premises so as to comply with a duty to make reasonable adjustments, and

(c)but for this paragraph, A would not be entitled to make the alteration.

(2)This paragraph also applies if—

(a)A is a responsible person in relation to common parts,

(b)A is proposing to make an alteration to the common parts so as to comply with a duty to make reasonable adjustments,

(c)A is the tenant of property which includes the common parts, and

(d)but for this paragraph, A would not be entitled to make the alteration.

(3)The tenancy has effect as if it provided—

(a)for A to be entitled to make the alteration with the written consent of the landlord,

(b)for A to have to make a written application for that consent,

(c)for the landlord not to withhold the consent unreasonably, and

(d)for the landlord to be able to give the consent subject to reasonable conditions.

(4)If a question arises as to whether A has made the alteration (and, accordingly, complied with a duty to make reasonable adjustments), any constraint attributable to the tenancy must be ignored unless A has applied to the landlord in writing for consent to the alteration.

(5)For the purposes of sub-paragraph (1) or (2), A must be treated as not entitled to make the alteration if the tenancy—

(a)imposes conditions which are to apply if A makes an alteration, or

(b)entitles the landlord to attach conditions to a consent to the alteration.

Proceedings before county court or sheriffE+W+S

4(1)This paragraph applies if, in a case within Part 3, 4, 6 or 7 of this Act—E+W+S

(a)A has applied in writing to the landlord for consent to the alteration, and

(b)the landlord has refused to give consent or has given consent subject to a condition.

(2)A (or a disabled person with an interest in the alteration being made) may refer the matter to [F206the county court] or, in Scotland, the sheriff.

(3)The county court or sheriff must determine whether the refusal or condition is unreasonable.

(4)If the county court or sheriff finds that the refusal or condition is unreasonable, the county court or sheriff—

(a)may make such declaration as it thinks appropriate;

(b)may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified).

Textual Amendments

F206Words in Sch. 21 para. 4(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Joining landlord as party to proceedingsE+W+S

5(1)This paragraph applies to proceedings relating to a contravention of this Act by virtue of section 20.E+W+S

(2)A party to the proceedings may request the employment tribunal, county court or sheriff (“the judicial authority”) to direct that the landlord is joined or sisted as a party to the proceedings.

(3)The judicial authority—

(a)must grant the request if it is made before the hearing of the complaint or claim begins;

(b)may refuse the request if it is made after the hearing begins;

(c)must refuse the request if it is made after the complaint or claim has been determined.

(4)If the landlord is joined or sisted as a party to the proceedings, the judicial authority may determine whether—

(a)the landlord has refused to consent to the alteration;

(b)the landlord has consented subject to a condition;

(c)the refusal or condition was unreasonable.

(5)If the judicial authority finds that the refusal or condition was unreasonable, it—

(a)may make such declaration as it thinks appropriate;

(b)may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified);

(c)may order the landlord to pay compensation to the complainant or claimant.

(6)An employment tribunal may act in reliance on sub-paragraph (5)(c) instead of, or in addition to, acting in reliance on section 124(2); but if it orders the landlord to pay compensation it must not do so in reliance on section 124(2).

(7)If [F207the county court] or the sheriff orders the landlord to pay compensation, it may not order A to do so.

Textual Amendments

F207Words in Sch. 21 para. 5(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

RegulationsE+W+S

6(1)Regulations may make provision as to circumstances in which a landlord is taken for the purposes of this Schedule to have—E+W+S

(a)withheld consent;

(b)withheld consent reasonably;

(c)withheld consent unreasonably.

(2)Regulations may make provision as to circumstances in which a condition subject to which a landlord gives consent is taken—

(a)to be reasonable;

(b)to be unreasonable.

(3)Regulations may make provision supplementing or modifying the preceding paragraphs of this Schedule, or provision made under this paragraph, in relation to a case where A's tenancy is a sub-tenancy.

(4)Provision made by virtue of this paragraph may amend the preceding paragraphs of this Schedule.

Commencement Information

I77Sch. 21 para. 6 wholly in force; para. 6 not in force at Royal Assent see s. 216; para. 6 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 21 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(13)(c) (with art. 15)

InterpretationE+W+S

7E+W+SAn expression used in this Schedule and in Schedule 2, 4, 8, 13 or 15 has the same meaning in this Schedule as in that Schedule.

Section 191

SCHEDULE 22E+W+SStatutory provisions

Statutory authorityE+W+S

1(1)A person (P) does not contravene a provision specified in the first column of the table, so far as relating to the protected characteristic specified in the second column in respect of that provision, if P does anything P must do pursuant to a requirement specified in the third column.E+W+S

Specified provisionProtected characteristicRequirement
Parts 3 to 7AgeA requirement of an enactment
Parts 3 to 7 and 12DisabilityA requirement of an enactment
A relevant requirement or condition imposed by virtue of an enactment
Parts 3 to 7Religion or beliefA requirement of an enactment
A relevant requirement or condition imposed by virtue of an enactment
Section 29(6) and Parts 6 and 7SexA requirement of an enactment
Parts 3, 4, 6 and 7Sexual orientationA requirement of an enactment
A relevant requirement or condition imposed by virtue of an enactment

(2)A reference in the table to Part 6 does not include a reference to that Part so far as relating to vocational training.

(3)In this paragraph a reference to an enactment includes a reference to—

(a)a Measure of the General Synod of the Church of England;

(b)an enactment passed or made on or after the date on which this Act is passed.

(4)In the table, a relevant requirement or condition is a requirement or condition imposed (whether before or after the passing of this Act) by—

(a)a Minister of the Crown;

(b)a member of the Scottish Executive;

(c)the National Assembly for Wales (constituted by the Government of Wales Act 1998);

(d)the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

Commencement Information

I78Sch. 22 para. 1 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f)

Protection of womenE+W+S

2(1)A person (P) does not contravene a specified provision only by doing in relation to a woman (W) anything P is required to do to comply with—E+W+S

(a)a pre-1975 Act enactment concerning the protection of women;

(b)a relevant statutory provision (within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974) if it is done for the purpose of the protection of W (or a description of women which includes W);

(c)a requirement of a provision specified in Schedule 1 to the Employment Act 1989 (provisions concerned with protection of women at work).

(2)The references to the protection of women are references to protecting women in relation to—

(a)pregnancy or maternity, or

(b)any other circumstances giving rise to risks specifically affecting women.

(3)It does not matter whether the protection is restricted to women.

(4)These are the specified provisions—

(a)Part 5 (work);

(b)Part 6 (education), so far as relating to vocational training.

(5)A pre-1975 Act enactment is an enactment contained in—

(a)an Act passed before the Sex Discrimination Act 1975;

(b)an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act).

(6)If an Act repeals and re-enacts (with or without modification) a pre-1975 enactment then the provision re-enacted must be treated as being in a pre-1975 enactment.

(7)For the purposes of sub-paragraph (1)(c), a reference to a provision in Schedule 1 to the Employment Act 1989 includes a reference to a provision for the time being having effect in place of it.

(8)This paragraph applies only to the following protected characteristics—

(a)pregnancy and maternity;

(b)sex.

Commencement Information

I79Sch. 22 para. 2 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f)

Educational appointments, etc: religious beliefE+W+S

3(1)A person does not contravene Part 5 (work) only by doing a relevant act in connection with the employment of another in a relevant position.E+W+S

(2)A relevant position is—

(a)the head teacher or principal of an educational establishment;

(b)the head, a fellow or other member of the academic staff of a college, or institution in the nature of a college, in a university;

(c)a professorship of a university which is a canon professorship or one to which a canonry is annexed.

(3)A relevant act is anything it is necessary to do to comply with—

(a)a requirement of an instrument relating to the establishment that the head teacher or principal must be a member of a particular religious order;

(b)a requirement of an instrument relating to the college or institution that the holder of the position must be a woman;

(c)an Act or instrument in accordance with which the professorship is a canon professorship or one to which a canonry is annexed.

(4)Sub-paragraph (3)(b) does not apply to an instrument taking effect on or after 16 January 1990 (the day on which section 5(3) of the Employment Act 1989 came into force).

(5)A Minister of the Crown may by order provide that anything in sub-paragraphs (1) to (3) does not have effect in relation to—

(a)a specified educational establishment or university;

(b)a specified description of educational establishments.

(6)An educational establishment is—

(a)a school within the meaning of the Education Act 1996 or the Education (Scotland) Act 1980;

(b)a college, or institution in the nature of a college, in a university;

(c)an institution designated by order made, or having effect as if made, under section 129 of the Education Reform Act 1988;

[F208(ca)a registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;]

(d)a college of further education within the meaning of section 36 of the Further and Higher Education (Scotland) Act 1992;

(e)a university in Scotland;

(f)an institution designated by order under section 28 of the Further and Higher Education Act 1992 or section 44 of the Further and Higher Education (Scotland) Act 1992.

(7)This paragraph does not affect paragraph 2 of Schedule 9.

Textual Amendments

Commencement Information

I80Sch. 22 para. 3 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f)

4E+W+SA person does not contravene this Act only by doing anything which is permitted for the purposes of—

(a)section 58(6) or (7) of the School Standards and Framework Act 1998 (dismissal of teachers because of failure to give religious education efficiently);

(b)section 60(4) and (5) of that Act (religious considerations relating to certain appointments);

(c)section 124A of that Act (preference for certain teachers at independent schools of a religious character).

[F209(d)section 124AA(5) to (7) of that Act (religious considerations relating to certain teachers at Academies with religious character).]

Textual Amendments

Commencement Information

I81Sch. 22 para. 4 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f)

Crown employment, etc.E+W+S

5(1)A person does not contravene this Act—E+W+S

(a)by making or continuing in force rules mentioned in sub-paragraph (2);

(b)by publishing, displaying or implementing such rules;

(c)by publishing the gist of such rules.

(2)The rules are rules restricting to persons of particular birth, nationality, descent or residence—

(a)employment in the service of the Crown;

(b)employment by a prescribed public body;

(c)holding a public office (within the meaning of section 50).

(3)The power to make regulations for the purpose of sub-paragraph (2)(b) is exercisable by the Minister for the Civil Service.

(4)In this paragraph “public body” means a body (whether corporate or unincorporated) exercising public functions (within the meaning given by section 31(4)).

Commencement Information

I82Sch. 22 para. 5 wholly in force at 1.10.2012; Sch. 22 not in force at Royal Assent see s. 216; Sch. 22 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(d) (with art. 15); Sch. 22 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(f)

Section 196

SCHEDULE 23E+W+SGeneral exceptions

Acts authorised by statute or the executiveE+W+S

1(1)This paragraph applies to anything done—E+W+S

(a)in pursuance of an enactment;

(b)in pursuance of an instrument made by a member of the executive under an enactment;

(c)to comply with a requirement imposed (whether before or after the passing of this Act) by a member of the executive by virtue of an enactment;

(d)in pursuance of arrangements made (whether before or after the passing of this Act) by or with the approval of, or for the time being approved by, a Minister of the Crown;

(e)to comply with a condition imposed (whether before or after the passing of this Act) by a Minister of the Crown.

(2)A person does not contravene Part 3, 4, 5 or 6 by doing anything to which this paragraph applies which discriminates against another because of the other's nationality.

(3)A person (A) does not contravene Part 3, 4, 5 or 6 if, by doing anything to which this paragraph applies, A discriminates against another (B) by applying to B a provision, criterion or practice which relates to—

(a)B's place of ordinary residence;

(b)the length of time B has been present or resident in or outside the United Kingdom or an area within it.

Commencement Information

I83Sch. 23 para. 1 wholly in force at 1.10.2012; Sch. 23 not in force at Royal Assent see s. 216; Sch. 23 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(e) (with art. 15); Sch. 23 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(g)

Organisations relating to religion or beliefE+W+S

2(1)This paragraph applies to an organisation the purpose of which is—E+W+S

(a)to practise a religion or belief,

(b)to advance a religion or belief,

(c)to teach the practice or principles of a religion or belief,

(d)to enable persons of a religion or belief to receive any benefit, or to engage in any activity, within the framework of that religion or belief, or

(e)to foster or maintain good relations between persons of different religions or beliefs.

(2)This paragraph does not apply to an organisation whose sole or main purpose is commercial.

(3)The organisation does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting—

(a)membership of the organisation;

(b)participation in activities undertaken by the organisation or on its behalf or under its auspices;

(c)the provision of goods, facilities or services in the course of activities undertaken by the organisation or on its behalf or under its auspices;

(d)the use or disposal of premises owned or controlled by the organisation.

(4)A person does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by doing anything mentioned in sub-paragraph (3) on behalf of or under the auspices of the organisation.

(5)A minister does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting—

(a)participation in activities carried on in the performance of the minister's functions in connection with or in respect of the organisation;

(b)the provision of goods, facilities or services in the course of activities carried on in the performance of the minister's functions in connection with or in respect of the organisation.

(6)Sub-paragraphs (3) to (5) permit a restriction relating to religion or belief only if it is imposed—

(a)because of the purpose of the organisation, or

(b)to avoid causing offence, on grounds of the religion or belief to which the organisation relates, to persons of that religion or belief.

(7)Sub-paragraphs (3) to (5) permit a restriction relating to sexual orientation only if it is imposed—

(a)because it is necessary to comply with the doctrine of the organisation, or

(b)to avoid conflict with strongly held convictions within sub-paragraph (9).

(8)In sub-paragraph (5), the reference to a minister is a reference to a minister of religion, or other person, who—

(a)performs functions in connection with a religion or belief to which the organisation relates, and

(b)holds an office or appointment in, or is accredited, approved or recognised for the purposes of the organisation.

(9)The strongly held convictions are—

(a)in the case of a religion, the strongly held religious convictions of a significant number of the religion's followers;

(b)in the case of a belief, the strongly held convictions relating to the belief of a significant number of the belief's followers.

[F210(9A)An organisation does not contravene Part 3, 4 or 7 only by refusing to allow premises owned or controlled by the organisation to be used—

(a)to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex;

[F211(aa)to solemnise a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other;]

(b)to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex [F212or that it is between two persons of the opposite sex].

(9B)A person (or a group of persons) does not contravene Part 3, 4 or 7 only by refusing to allow premises owned or controlled by the person (or the group) on behalf of an organisation to be used—

(a)to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex;

[F213(aa)to solemnise a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other;]

(b)to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex [F214or that it is between two persons of the opposite sex].

(9C)An organisation does not contravene section 29 only by allowing an approved celebrant of the organisation to act as set out in sub-paragraph (1)[F215, (1A)] or (2) of paragraph 25B of Schedule 3.

(9D)In sub-paragraphs (9A) to (9C), “approved celebrant”, “relevant Scottish marriage” and “relevant Scottish civil partnership” have the same meaning as in paragraph 25B of Schedule 3.]

(10)This paragraph does not permit anything which is prohibited by section 29, so far as relating to sexual orientation, if it is done—

(a)on behalf of a public authority, and

(b)under the terms of a contract between the organisation and the public authority.

(11)In the application of this paragraph in relation to sexual orientation, sub-paragraph (1)(e) must be ignored.

(12)In the application of this paragraph in relation to sexual orientation, in sub-paragraph (3)(d), “disposal” does not include disposal of an interest in premises by way of sale if the interest being disposed of is—

(a)the entirety of the organisation's interest in the premises, or

(b)the entirety of the interest in respect of which the organisation has power of disposal.

(13)In this paragraph—

(a)“disposal” is to be construed in accordance with section 38;

(b)“public authority” has the meaning given in section 150(1).

Textual Amendments

Commencement Information

I84Sch. 23 para. 2 wholly in force at 1.10.2012; Sch. 23 not in force at Royal Assent see s. 216; Sch. 23 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(e) (with art. 15); Sch. 23 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(g)

Communal accommodationE+W+S

3(1)A person does not contravene this Act, so far as relating to sex discrimination or gender reassignment discrimination, only because of anything done in relation to—E+W+S

(a)the admission of persons to communal accommodation;

(b)the provision of a benefit, facility or service linked to the accommodation.

(2)Sub-paragraph (1)(a) does not apply unless the accommodation is managed in a way which is as fair as possible to both men and women.

(3)In applying sub-paragraph (1)(a), account must be taken of—

(a)whether and how far it is reasonable to expect that the accommodation should be altered or extended or that further accommodation should be provided, and

(b)the frequency of the demand or need for use of the accommodation by persons of one sex as compared with those of the other.

(4)In applying sub-paragraph (1)(a) in relation to gender reassignment, account must also be taken of whether and how far the conduct in question is a proportionate means of achieving a legitimate aim.

(5)Communal accommodation is residential accommodation which includes dormitories or other shared sleeping accommodation which for reasons of privacy should be used only by persons of the same sex.

(6)Communal accommodation may include—

(a)shared sleeping accommodation for men and for women;

(b)ordinary sleeping accommodation;

(c)residential accommodation all or part of which should be used only by persons of the same sex because of the nature of the sanitary facilities serving the accommodation.

(7)A benefit, facility or service is linked to communal accommodation if—

(a)it cannot properly and effectively be provided except for those using the accommodation, and

(b)a person could be refused use of the accommodation in reliance on sub-paragraph (1)(a).

(8)This paragraph does not apply for the purposes of Part 5 (work) unless such arrangements as are reasonably practicable are made to compensate for—

(a)in a case where sub-paragraph (1)(a) applies, the refusal of use of the accommodation;

(b)in a case where sub-paragraph (1)(b) applies, the refusal of provision of the benefit, facility or service.

Commencement Information

I85Sch. 23 para. 3 wholly in force at 1.10.2012; Sch. 23 not in force at Royal Assent see s. 216; Sch. 23 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(e) (with art. 15); Sch. 23 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(g)

Training provided to non-F216... residents, etc.E+W+S

Textual Amendments

4(1)A person (A) does not contravene this Act, so far as relating to nationality, only by providing a non-resident (B) with training, if A thinks that B does not intend to exercise in Great Britain skills B obtains as a result.E+W+S

(2)A non-resident is a person who is not ordinarily resident in [F217Great Britain].

(3)The reference to providing B with training is—

(a)if A employs B in relevant employment, a reference to doing anything in or in connection with the employment;

(b)if A as a principal allows B to do relevant contract work, a reference to doing anything in or in connection with allowing B to do the work;

(c)in a case within paragraph (a) or (b) or any other case, a reference to affording B access to facilities for education or training or ancillary benefits.

(4)Employment or contract work is relevant if its sole or main purpose is the provision of training in skills.

(5)In the case of training provided by the armed forces or Secretary of State for purposes relating to defence, sub-paragraph (1) has effect as if—

F218(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in sub-paragraph (4), for “its sole or main purpose is” there were substituted “ it is for purposes including ”.

(6)“Contract work” and “principal” each have the meaning given in section 41.

Textual Amendments

Commencement Information

I86Sch. 23 para. 4 wholly in force at 1.10.2012; Sch. 23 not in force at Royal Assent see s. 216; Sch. 23 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(14)(e) (with art. 15); Sch. 23 in force for remaining purposes at 1.10.2012 by S.I. 2012/1569, art. 3(g)

Section 203

F219SCHEDULE 24E+W+SHarmonisation: exceptions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 206

SCHEDULE 25E+W+SInformation society services

Service providersE+W+S

1(1)This paragraph applies where a person concerned with the provision of an information society service (an “information society service provider”) is established in Great Britain.E+W+S

(2)This Act applies to anything done by the person in an EEA state (other than the United Kingdom) in providing the service as this Act would apply if the act in question were done by the person in Great Britain.

2(1)This paragraph applies where an information society service provider is established in an EEA state (other than the United Kingdom).E+W+S

(2)This Act does not apply to anything done by the person in providing the service.

Exceptions for mere conduitsE+W+S

3(1)An information society service provider does not contravene this Act only by providing so much of an information society service as consists in—E+W+S

(a)the provision of access to a communication network, or

(b)the transmission in a communication network of information provided by the recipient of the service.

(2)But sub-paragraph (1) applies only if the service provider does not—

(a)initiate the transmission,

(b)select the recipient of the transmission, or

(c)select or modify the information contained in the transmission.

(3)For the purposes of sub-paragraph (1), the provision of access to a communication network, and the transmission of information in a communication network, includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(4)Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for cachingE+W+S

4(1)This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.E+W+S

(2)The information society service provider does not contravene this Act only by doing anything in connection with the automatic, intermediate and temporary storage of information so provided if—

(a)the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

(b)the condition in sub-paragraph (3) is satisfied.

(3)The condition is that the service-provider—

(a)does not modify the information,

(b)complies with such conditions as are attached to having access to the information, and

(c)(where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.

(4)This sub-paragraph applies if the service-provider obtains actual knowledge that—

(a)the information at the initial source of the transmission has been removed from the network,

(b)access to it has been disabled, or

(c)a court or administrative authority has required the removal from the network of, or the disablement of access to, the information.

Exception for hostingE+W+S

5(1)An information society service provider does not contravene this Act only by doing anything in providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if—E+W+S

(a)the service provider had no actual knowledge when the information was provided that its provision amounted to a contravention of this Act, or

(b)on obtaining actual knowledge that the provision of the information amounted to a contravention of that section, the service provider expeditiously removed the information or disabled access to it.

(2)Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority of the control of the service provider.

Monitoring obligationsE+W+S

6E+W+SAn injunction or interdict under Part 1 of the Equality Act 2006 may not impose on a person concerned with the provision of a service of a description given in paragraph 3(1), 4(1) or 5(1)—

(a)a liability the imposition of which would contravene Article 12, 13 or 14 of the E-Commerce Directive;

(b)a general obligation of the description given in Article 15 of that Directive.

InterpretationE+W+S

7(1)This paragraph applies for the purposes of this Schedule.E+W+S

(2)“Information society service”—

(a)has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

(b)is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”.

(3)“The E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

(4)“Recipient” means a person who (whether for professional purposes or not) uses an information society service, in particular for seeking information or making it accessible.

(5)An information society service-provider is “established” in a country or territory if the service-provider—

(a)effectively pursues an economic activity using a fixed establishment in that country or territory for an indefinite period, and

(b)is a national of an EEA state or a body mentioned in [F220Article 54 of the Treaty on the Functioning of the European Union] .

(6)The presence or use in a particular place of equipment or other technical means of providing an information society service is not itself sufficient to constitute the establishment of a service-provider.

(7)Where it cannot be decided from which of a number of establishments an information society service is provided, the service is to be regarded as provided from the establishment at the centre of the information society service provider's activities relating to that service.

(8)Section 212(4) does not apply to references to providing a service.

Textual Amendments

Section 211

SCHEDULE 26E+W+SAmendments

[F221Part 1E+W+SActs of Parliament

Textual Amendments

Disabled Persons (Employment) Act 1944E+W+S

1E+W+SIn section 15 of the Disabled Persons (Employment) Act 1944 (provision of employment for seriously disabled persons), in subsection (5A), for “the Disability Discrimination Act 1995” substitute “ the Equality Act 2010 ”.

Teaching Council (Scotland) Act 1965E+W+S

2E+W+SIn section 1(3) of the Teaching Council (Scotland) Act 1965, for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.

Employment and Training Act 1973E+W+S

3E+W+SIn section 12(1) of the Employment and Training Act 1973 (duty of Secretary of State to give preference to ex-service men and women when exercising power to select disabled persons for employment, training, etc.), for “has the same meaning as in the Disability Discrimination Act 1995” substitute “ has the same meaning as in the Equality Act 2010 ”.

Estate Agents Act 1979E+W+S

4E+W+SThe Estate Agents Act 1979 is amended as follows.

5E+W+SIn section 5(3) (supplementary provisions about prohibition and warning orders)—

(a)for “section 62 of the Sex Discrimination Act 1975, section 53 of the Race Relations Act 1976” substitute “ section 113 of the Equality Act 2010 (proceedings) ”; and

(b)omit “those Acts and”.

6(1)Schedule 1 (provisions supplementary to section 3(1)) is amended as follows.E+W+S

(2)For paragraph 2 substitute—

“2(1)A person commits discrimination for the purposes of section 3(1)(b) in the following cases only.

(2)The first case is where—

(a)the person has been found to have contravened a relevant equality provision, and

(b)no appeal against the finding is pending or can be brought.

(3)The second case is where—

(a)the person has been given an unlawful act notice under section 21 of the Equality Act 2006,

(b)the notice specifies a relevant equality provision as the provision by virtue of which the act in question is unlawful, and

(c)no appeal against the giving of the notice is pending or can be brought.

(4)The third case is where—

(a)the person is the subject of an injunction, interdict or order under section 24 of the Equality Act 2006 (unlawful acts), and

(b)the unlawful act in question is a contravention of a relevant equality provision.

(5)The relevant equality provisions are—

(a)Parts 3 and 4 of the Equality Act 2010 (services and premises) so far as relating to discrimination and victimisation, and

(b)section 112 of that Act (aiding contraventions) in relation to either of those Parts of that Act so far as relating to discrimination and victimisation.”

(3)In paragraph 3 for “discrimination” substitute “ a contravention of a relevant equality provision ”.

(4)For paragraph 4 substitute—

“4For the purposes of paragraphs 2 and 3 “discrimination” and “victimisation” have the same meaning as in the Equality Act 2010.”.

Civic Government (Scotland) Act 1982E+W+S

7(1)Section 20 of the Civic Government (Scotland) Act 1982 (regulations relating to taxis and private hire cars and their drivers) is amended as follows.E+W+S

(2)In subsection (2A) for “section 1(2) of the Disability Discrimination Act 1995” substitute “ section 6 of the Equality Act 2010 ”.

(3)In subsection (2AA) for “section 1(2) of the Disability Discrimination Act 1995 (c.50)” substitute “ section 6 of the Equality Act 2010 ”.

Housing (Scotland) Act 1987E+W+S

8E+W+SIn section 338(1) of the Housing (Scotland) Act 1987 (interpretation) in the definition of “disabled person” for “Disability Discrimination Act 1995 (c.50),” substitute “ Equality Act 2010, ”.]

Local Government Act 1988E+W+S

[F2229]E+W+SPart 2 of the Local Government Act 1988 (public supply or works contracts) is amended as follows.

Textual Amendments

[F22310]E+W+SIn section 17 (local and other public authority contracts: exclusion of non-commercial considerations)—

(a)omit subsection (9), and

(b)after that subsection insert—

“(10)This section does not prevent a public authority to which it applies from exercising any function regulated by this section with reference to a non-commercial matter to the extent that the authority considers it necessary or expedient to do so to enable or facilitate compliance with—

(a)the duty imposed on it by section 149 of the Equality Act 2010 (public sector equality duty), or

(b)any duty imposed on it by regulations under section 153 or 154 of that Act (powers to impose specific duties).”

Textual Amendments

[F22411]E+W+SOmit section 18 (exceptions to section 17 relating to race relations matters).

Textual Amendments

[F22512]E+W+SIn section 19 (provisions supplementary to or consequential on section 17) omit subsection (10).

Textual Amendments

Employment Act 1989E+W+S

[F22613E+W+SThe Employment Act 1989 is amended as follows.

Textual Amendments

14E+W+SIn section 8 (exemption for discrimination in favour of lone parents in connection with training), in subsection (2), for the words from “for the purposes of the 1975 Act” to the end substitute “for the purposes of the Equality Act 2010 as giving rise to any contravention of Part 5 of that Act, so far as relating to marriage and civil partnership discrimination (within the meaning of that Act).]

Textual Amendments

[F22715](1)Section 12 F228. . . (Sikhs: requirements as to safety helmets) is amended as follows.E+W+S

(2)In subsection (1), for “requirement or condition”, in the first three places, substitute “ provision, criterion or practice ”.

(3)In that subsection, for the words from “section 1(1)(b)” to the end substitute “ section 19 of the Equality Act 2010 (indirect discrimination), the provision, criterion or practice is to be taken as one in relation to which the condition in subsection (2)(d) of that section (proportionate means of achieving a legitimate aim) is satisfied ”.

(4)In subsection (2), for the words from “the Race Relations Act” to the end substitute “ section 13 of the Equality Act 2010 as giving rise to discrimination against any other person ”.

Textual Amendments

[F22916E+W+SIn section 28 (orders etc.), omit subsections (2), (3) and (4)(a).

Textual Amendments

17E+W+SIn section 29(1) (interpretation), omit the definition of “the 1975 Act”.

Textual Amendments

Local Government and Housing Act 1989E+W+S

18E+W+SIn section 7(2) of the Local Government and Housing Act 1989 (requirement for appointments to be on merit to be subject to discrimination law)—

(a)omit paragraphs (c), (d) and (f), and

(b)at the end insert—

“(g)sections 39, 40 and 49 to 51 of the Equality Act 2010 (employees and office-holders), so far as relating to disability, and Schedule 8 to that Act (reasonable adjustments for disabled persons) so far as it applies in relation to sections 39 and 49 to 51 of that Act;

(h)paragraph 1 of Schedule 9 to that Act (occupational requirements), so far as relating to sex, pregnancy and maternity, marriage and civil partnership, gender reassignment or race.”.

Enterprise and New Towns (Scotland) Act 1990E+W+S

19E+W+SThe Enterprise and New Towns (Scotland) Act 1990 is amended as follows.

20E+W+SIn section 2(4)(a) (functions in relation to training for employment etc.) for “section 3(1) of the Race Relations Act 1976” substitute “ section 9 of the Equality Act 2010 ”.

21E+W+SIn section 16(2) (courses of training etc.: duty to give preference to certain categories) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.

22E+W+SFor section 17 (encouragement of women, members of minority racial groups and disabled persons to take advantage of opportunities for certain work etc) substitute—

17“Encouragement of women, members of ethnic minorities and disabled persons to take up certain employment opportunities and training

(1)Scottish Enterprise and Highlands and Islands Enterprise shall each, in exercising its functions, promote such actings by any employer as are lawful by virtue of section 158 of the Equality Act 2010 (the “2010 Act”) (positive action: general) in relation to—

(a)affording access to facilities for training, and

(b)encouraging persons to take advantage of opportunities for taking up that employer's work.

(2)This section applies to the protected characteristics of sex, race and disability within the meaning of the 2010 Act.

(3)This section is without prejudice to paragraph (a) of section 2(4) of this Act or to any provision of the 2010 Act prohibiting discrimination within the meaning of that Act.”.

Further and Higher Education Act 1992E+W+S

23E+W+SIn section 62(7B) of the Further and Higher Education Act 1992 (higher education funding councils) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.

Trade Union and Labour Relations (Consolidation) Act 1992E+W+S

24(1)Schedule A2 to the Trade Union and Labour Relations (Consolidation) Act 1992 (tribunal jurisdictions where failure by employer or employee to comply with applicable code of practice may affect the level of damages) is amended as follows.E+W+S

(2)Omit the entries relating to—

(a)the Equal Pay Act 1970;

(b)the Sex Discrimination Act 1975;

(c)the Race Relations Act 1976;

(d)the Disability Discrimination Act 1995;

(e)the Employment Equality (Sexual Orientation) Regulations 2003;

(f)the Employment Equality (Religion or Belief) Regulations 2003;

(g)the Employment Equality (Age) Regulations 2006.

(3)At the end of the entries relating to provisions of Acts, insert—

“Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”

Trade Union Reform and Employment Rights Act 1993E+W+S

25E+W+SIn section 39(2) of the Trade Union Reform and Employment Rights Act 1993 (agreements not to take proceedings before employment tribunal) omit “the Sex Discrimination Act 1975, the Race Relations Act 1976, and”.

26E+W+SIn Schedule 6 (compromise contracts) omit paragraphs 1 and 2.

Employment Tribunals Act 1996E+W+S

27E+W+SThe Employment Tribunals Act 1996 is amended as follows.

28E+W+SIn section 5(2)(c) (remuneration, fees and allowances) for “2A(1)(b) of the Equal Pay Act 1970” substitute “ 131(2) of the Equality Act 2010 ”.

29E+W+SIn section 7(3)(h) (employment tribunal procedure regulations) for “2A(1)(b) of the Equal Pay Act 1970” substitute “ 131(2) of the Equality Act 2010 ”.

30E+W+SIn section 12(1) (restriction of publicity in disability cases) for “section 17A or 25(8) of the Disability Discrimination Act 1995” substitute “ section 120 of the Equality Act 2010, where the complaint relates to disability ”.

31E+W+SIn section 18(1) (tribunal proceedings to which conciliation provisions apply)—

(a)for paragraph (a) substitute—

“(a)under section 120 or 127 of the Equality Act 2010,”, and

(b)omit paragraphs (c), (k), (l) and (r).

32E+W+SIn section 21(1) (Jurisdiction of appeal tribunal)—

(a)omit paragraphs (a), (b), (c), (e),(l), (m) and (s); and.

(b)at the end of the entries relating to provisions in Acts, insert—

“(ge)the Equality Act 2010,”.

Employment Rights Act 1996E+W+S

33(1)Section 126 of the Employment Rights Act 1996 (acts which are both unfair dismissal and discrimination) is amended as follows.E+W+S

(2)In subsection (1) for paragraph (b) substitute—

“(b)the Equality Act 2010.”.

(3)In subsection (2)—

(a)for “any one of those Acts or Regulations” substitute “ either of those Acts ”, and

(b)for “any other of them” substitute “ the other ”.

Housing Grants, Construction and Regeneration Act 1996E+W+S

34E+W+SIn section 126 of the Housing Grants, Construction and Regeneration Act 1996 (Secretary of State's power to give financial assistance etc), in subsection (3), in the definition of “racial group”, for “the Race Relations Act 1976” substitute “ section 9 of the Equality Act 2010 ”.

Education Act 1996E+W+S

35E+W+SThe Education Act 1996 is amended as follows.

36(1)Section 317 of the Education Act 1996 (duties of governing bodies etc in relation to pupils with special educational needs) is amended as follows.E+W+S

(2)In subsection (6)(b)(iv) for “section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”)” substitute “ paragraph 3 of Schedule 10 to the Equality Act 2010 (“the 2010 Act”) ”.

(3)For subsection (6A) substitute—

“(6A)In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 2010 Act; and section 89 (interpretation of Part 6) of, and paragraph 6 of Schedule 10 (supplementary provisions for Schedule 10) to, the 2010 Act apply for the purposes of subsection (6)(b) as they apply for the purposes of Part 6 of and Schedule 10 to that Act.”.

37E+W+SIn section 336(4A) (tribunal procedure) for “claim under Chapter 1 of Part 4 of the Disability Discrimination Act 1995” substitute “ claim in relation to a contravention of Chapter 1 of Part 6 of the Equality Act 2010 so far as relating to disability. ”.

38E+W+SIn section 509AC(5)(interpretation etc), in the definition of “disabled person”, for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.

39E+W+SOmit section 583(5) (commencement etc: transitory provision relating to the Disability Discrimination Act 1995).

40E+W+SIn Schedule 35B (meaning of eligible child etc), paragraph 15(4), for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.

41E+W+SIn Schedule 35C (school travel schemes), paragraph 14, in the definition of “disabled child”, for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.

42(1)In Schedule 36A (education functions of local authorities) the table is amended as follows.E+W+S

(2)Omit the entries relating to the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995.

(3)Insert at the end—

“Equality Act 2010 (c. 15)
Section 29(7) in its application to a local authority's functions under the Education ActsDuty to make reasonable adjustments for disabled persons.
Section 85(6)Duty (as responsible body) to make reasonable adjustments for disabled pupils.
Section 92(6)Duty (as responsible body) to make reasonable adjustments for disabled persons in further and higher education.
Section 93(6)Duty (as responsible body) to make reasonable adjustments for disabled persons in the provision of recreational or training facilities.
paragraph 1 of Schedule 10Duty to prepare and implement accessibility strategy.
paragraph 3 of Schedule 10Duty (as responsible body) to prepare and implement an accessibility plan.”

Teaching and Higher Education Act 1998E+W+S

43E+W+SIn section 1(4) of the Teaching and Higher Education Act 1998 (the General Teaching Council for England) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.

School Standards and Framework Act 1998E+W+S

44E+W+SThe School Standards and Framework Act 1998 is amended as follows.

45E+W+SIn Schedule 5, in paragraph 6 (adjudicators, procedure) for subparagraphs (a) to (c) substitute—

“(a)section 71 of the Race Relations Act 1976, or

(b)Parts 3 and 6 of the Equality Act 2010,”.

46(1)In Schedule 6, Part 5 (procedures for making transitional exemption orders in Wales) paragraph 22(4) is amended as follows.E+W+S

(2)For the definition of “the 1975 Act” substitute—

““the 2010 Act” means the Equality Act 2010,”.

(3)In the definition of “the responsible body” for “section 22 of the 1975 Act” substitute “ section 85 of the 2010 Act ”.

(4)In the definition of “transitional exemption order” for “section 27 of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.

(5)For “section 27(1) of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.

47(1)In Schedule 7, in Part 6 (transitional exemption orders, interpretation) paragraph 16(6) is amended as follows.E+W+S

(2)For the definition of the 1975 Act substitute—

    • ““the 2010 Act” means the Equality Act 2010,”

(3)In the definition of “the responsible body” for “section 22 of the 1975 Act” substitute “ section 85 of the 2010 Act ”.

(4)In the definition of “transitional exemption order” for “section 27 of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.

(5)For “section 27(1) of the 1975 Act” substitute “ paragraph 3 of Schedule 11 to the 2010 Act ”.

Transport Act 2000E+W+S

48E+W+SIn section 112(2) of the Transport Act 2000 (plans and strategies: supplementary) for “Disability Discrimination Act 1995” substitute “ Equality Act 2010 ”.

Employment Act 2002E+W+S

49(1)Schedule 5 to the Employment Act 2002 (tribunal jurisdiction) is amended as follows.E+W+S

(2)Omit the entries relating to—

(a)the Equal Pay Act 1970;

(b)the Sex Discrimination Act 1975;

(c)the Race Relations Act 1976;

(d)the Disability Discrimination Act 1995;

(e)the Employment Equality (Sexual Orientation) Regulations 2003;

(f)the Employment Equality (Religion or Belief) Regulations 2003;

(g)the Employment Equality (Age) Regulations 2006.

(3)At the end of the entries relating to provisions of Acts, insert—

“Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”.

Income Tax (Earnings and Pensions) Act 2003E+W+S

50E+W+SThe Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

51E+W+SIn section 439(4) (chargeable events) after “within the meaning of” insert “ the Equality Act 2010 in England and Wales and Scotland, or ”.

52E+W+SIn section 477(5) (chargeable events) after “within the meaning of” insert “ the Equality Act 2010 in England and Wales and Scotland, or ”.

Communications Act 2003E+W+S

53E+W+SThe Communications Act 2003 is amended as follows.

54E+W+SIn section 27(5) (training and equality of opportunity)—

(a)in the definition of “disabled” after “meaning as in” insert “ the Equality Act 2010 or, in Northern Ireland, ”, and

(b)in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “ Equality Act 2010 ”.

55E+W+SIn section 337(9) (promotion of equal opportunities and training)—

(a)in the definition of “disabled” after “meaning as in” insert “ the Equality Act 2010 or, in Northern Ireland, ”, and

(b)in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “ Equality Act 2010 ”.

56E+W+SIn Schedule 12, in paragraph 23(6) (obligations of the Welsh Authority in relation to equality of opportunity)—

(a)in the definition of “disability” after “meaning as in” insert “ the Equality Act 2010 or, in Northern Ireland, ”, and

(b)in the definition of “racial group” for “Race Relations Act 1976 (c 74)” substitute “ the Equality Act 2010 ”.

Finance Act 2004E+W+S

57E+W+SThe Finance Act 2004 is amended as follows.

58E+W+SIn section 172A(5)(db) (surrender of pension benefits etc) for—

(a)“the Employment Equality (Age) Regulations 2006 or” substitute “ Part 5 of the Equality Act 2010, so far as relating to age, or the ”, and

(b)for “them” substitute “ those Regulations. ”.

59E+W+SIn paragraphs 11D(2A) and (2B)(b), 12(2C)(d) and 14(3A) and (3D)(a) of Schedule 36 (pension schemes etc: transitional provisions and savings)—

(a)for “the Employment Equality (Age) Regulations 2006, or” substitute “ Part 5 of the Equality Act 2010, so far as relating to age, or the ”, and

(b)for “them” substitute “ those Regulations. ”.

Serious Organised Crime and Police Act 2005E+W+S

60E+W+SSection 56 of the Serious Organised Crime and Police Act 2005 (the title to which becomes “Application of discrimination legislation to SOCA seconded staff: Northern Ireland”) is amended as follows—

(a)in subsection (2), omit paragraphs (a) and (b); and

(b)in subsection (4), omit paragraphs (a), (b), (g) and (h) and the “and” preceding each of paragraphs (g) and (h).]

Equality Act 2006E+W+S

[F23061]E+W+SThe Equality Act 2006 is amended as follows.

Textual Amendments

[F23162](1)Section 8 (equality and diversity) is amended as follows.E+W+S

(2)In subsection (1)—

(a)in paragraph (d) for “equality enactments” substitute “ Equality Act 2010 ”, and

(b)in paragraph (e) for “the equality enactments” substitute “ that Act ”.

(3)In subsection (4) for “Disability Discrimination Act 1995 (c. 50)” substitute “ Equality Act 2010 ”.

Textual Amendments

[F23263]E+W+SIn section 10(2) (meaning of group) for paragraph (d) substitute—

“(d)gender reassignment (within the meaning of section 7 of the Equality Act 2010),”.

Textual Amendments

[F23364]E+W+SFor section 11(3)(c) (interpretation) substitute—

“(c)a reference to the equality and human rights enactments is a reference to the Human Rights Act 1998, this Act and the Equality Act 2010.”

Textual Amendments

[F23465](1)Section 14 (codes of practice) is amended as follows.E+W+S

(2)For subsection (1) substitute—

“(1)The Commission may issue a code of practice in connection with any matter addressed by the Equality Act 2010.”

(3)In subsection (2)(a) for “a provision or enactment listed in subsection (1)” substitute “ the Equality Act 2010 or an enactment made under that Act ”.

(4)In subsection (3)—

(a)in paragraph (a) for “section 49G(7) of the Disability Discrimination Act 1995 (c. 50)” substitute “ section 190(7) of the Equality Act 2010 ”, and

(b)for paragraph (c)(iv) substitute—

“(iv)section 190 of the Equality Act 2010.”

(5)In subsection (5)(a) for “listed in subsection (1)” substitute “ a matter addressed by the Equality Act 2010 ”.

(6)In subsection (9) for “section 76A” to “duties)” substitute “ section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty) ”.

Textual Amendments

[F23566]E+W+SIn section 16(4) (inquiries: matters which the Commission may consider and report on) for “equality enactments” substitute “ Equality Act 2010 ”.

Textual Amendments

[F23667]E+W+SIn section 21(2)(b) (unlawful act notice: specification of legislative provision) for “equality enactments” substitute “ Equality Act 2010 ”.

Textual Amendments

[F23768]E+W+SAfter section 24 insert—

“24AEnforcement powers: supplemental

(1)This section has effect in relation to—

(a)an act which is unlawful because, by virtue of any of sections 13 to 18 of the Equality Act 2010, it amounts to a contravention of any of Parts 3, 4, 5, 6 or 7 of that Act,

(b)an act which is unlawful because it amounts to a contravention of section 60(1) of that Act (or to a contravention of section 111 or 112 of that Act that relates to a contravention of section 60(1) of that Act) (enquiries about disability and health),

(c)an act which is unlawful because it amounts to a contravention of section 106 of that Act (information about diversity in range of election candidates etc.),

(d)an act which is unlawful because, by virtue of section 108(1) of that Act, it amounts to a contravention of any of Parts 3, 4, 5, 6 or 7 of that Act, or

(e)the application of a provision, criterion or practice which, by virtue of section 19 of that Act, amounts to a contravention of that Act.

(2)For the purposes of sections 20 to 24 of this Act, it is immaterial whether the Commission knows or suspects that a person has been or may be affected by the unlawful act or application.

(3)For those purposes, an unlawful act includes making arrangements to act in a particular way which would, if applied to an individual, amount to a contravention mentioned in subsection (1)(a).

(4)Nothing in this Act affects the entitlement of a person to bring proceedings under the Equality Act 2010 in respect of a contravention mentioned in subsection (1).”

Textual Amendments

[F23869]E+W+SOmit section 25 (restraint of unlawful advertising etc.).

Textual Amendments

[F23970]E+W+SOmit section 26 (supplemental).

Textual Amendments

[F24071](1)Section 27 (conciliation) is amended as follows.E+W+S

(2)For subsection (1) (disputes in relation to which the Commission may make arrangements for the provision of conciliation services) substitute—

“(1)The Commission may make arrangements for the provision of conciliation services for disputes in respect of which proceedings have been or could be determined by virtue of section 114 of the Equality Act 2010.”

Textual Amendments

[F24172](1)Section 28 (legal assistance) is amended as follows.E+W+S

(2)In subsection (1)—

(a)in paragraph (a) for “equality enactments” substitute “ Equality Act 2010 ”, and

(b)in paragraph (b) for “the equality enactments” substitute “ that Act ”.

(3)In subsection (5) for “Part V of the Disability Discrimination Act 1995 (c. 50) (public” substitute “ Part 12 of the Equality Act 2010 (disabled persons: ”.

(4)In subsection (6)—

(a)for “the equality enactments”, on the first occasion it appears, substitute “ the Equality Act 2010 ”, and

(b)for “the equality enactments”, on each other occasion it appears, substitute “ that Act ”.

(5)In subsection (7)—

(a)in paragraph (a) for “equality enactments” substitute “ Equality Act 2010 ”, and

(b)in paragraph (b) for “the equality enactments” substitute “ that Act ”.

(6)In subsection (8) for “Part V of the Disability Discrimination Act 1995 (c. 50)” substitute “ Part 12 of the Equality Act 2010 ”.

(7)In subsection (9) for “equality enactments” substitute “ Equality Act 2010 ”.

(8)In subsection (12)—

(a)for “A reference in” to “includes a reference” substitute “ This section applies ”, and

(b)after paragraph (b) add “ as it applies to the Equality Act 2010. ”

Textual Amendments

[F24273]E+W+SFor section 31(1) (duties in respect of which Commission may assess compliance) substitute—

“(1)The Commission may assess the extent to which or the manner in which a person has complied with a duty under or by virtue of section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty).”

Textual Amendments

[F24374](1)Section 32 (public sector duties: compliance notice) is amended as follows.E+W+S

(2)For subsection (1) substitute—

“(1)This section applies where the Commission thinks that a person has failed to comply with a duty under or by virtue of section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty).”

(3)In subsection (4) for “section 76A” to “Disability Discrimination Act 1995” substitute “ section 149 of the Equality Act 2010 ”.

(4)In subsection (9)(a) for “section 76A” to “Disability Discrimination Act 1995 (c. 50)” substitute “ section 149 of the Equality Act 2010 ”.

(5)In subsection (9)(b) for “in any other case” substitute “ where the notice related to a duty by virtue of section 153 or 154 of that Act ”.

(6)In subsection (11) for “section 76B” to “Disability Discrimination Act 1995” substitute “ section 153 or 154 of the Equality Act 2010 ”.

Textual Amendments

[F24475]E+W+SOmit section 33 (equality and human rights enactments).

Textual Amendments

[F24576](1)Section 34 (meaning of unlawful) is amended as follows.E+W+S

(2)In subsection (1) for “equality enactments” substitute “ Equality Act 2010 ”.

(3)In subsection (2)—

(a)after “virtue of” insert “ any of the following provisions of the Equality Act 2010 ”, and

(b)for paragraphs (a) to (c) substitute—

“(a)section 1 (public sector duty regarding socio-economic inequalities),

(b)section 149, 153 or 154 (public sector equality duty),

(c)Part 12 (disabled persons: transport), or

(d)section 190 (disability: improvements to let dwelling houses).”

Textual Amendments

Commencement Information

I87Sch. 26 para. 76(3)(b) in force at 20.11.2021 for W.S. in so far as not already in force by S.I. 2021/1322, arts. 3, 4

[F24677](1)Section 35 (general: definitions) is amended as follows.E+W+S

(2)In the definition of “religion or belief”, for “Part 2 (as defined by section 44)” substitute “ section 10 of the Equality Act 2010 ”.

(3)For the definition of “sexual orientation” substitute—

““sexual orientation” has the same meaning as in section 12 of the Equality Act 2010.”

Textual Amendments

[F24778]E+W+SIn section 39(4) (orders subject to affirmative resolution procedure) for “, 27(10) or 33(3)” substitute “ or 27(10) ”.

Textual Amendments

[F24879]E+W+SOmit section 43 (transitional: rented housing in Scotland).

Textual Amendments

[F24980]E+W+SOmit Part 2 (discrimination on grounds of religion or belief).

Textual Amendments

[F25081]E+W+SOmit section 81 (regulations).

Textual Amendments

[F25182]E+W+SOmit Part 4 (public functions).

Textual Amendments

[F25283]E+W+SIn section 94(3) (extent: Northern Ireland)—

(a)omit “and 41 to 56”, and

(b)omit “and the Disability Discrimination Act 1995 (c. 50)”.

Textual Amendments

[F25384](1)Schedule 1 (the Commission: constitution, etc.) is amended as follows.E+W+S

(2)In paragraph 52(3)(a) for “Parts 1, 3, 4, 5 and 5B of the Disability Discrimination Act 1995 (c. 50)” substitute “ Parts 2, 3, 4, 6, 7, 12 and 13 of the Equality Act 2010, in so far as they relate to disability ”.

(3)In paragraph 53 for “Part 2 of the Disability Discrimination Act 1995 (c. 50)” substitute “ Part 5 of the Equality Act 2010 ”.

(4)In paragraph 54 for “Part 2 of the Disability Discrimination Act 1995” substitute “ Part 5 of the Equality Act 2010 ”.

Textual Amendments

[F25485]E+W+SIn Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41 to 56.

Textual Amendments

[F255Immigration, Asylum and Nationality Act 2006E+W+S

Textual Amendments

86E+W+SIn section 23(1)(a) of the Immigration Asylum and Nationality Act 2006 (discrimination: code of practice) for “the Race Relations Act 1976 (c. 74)” substitute “ the Equality Act 2010, so far as relating to race ”.

Childcare Act 2006E+W+S

87E+W+SThe Childcare Act 2006 is amended as follows.

88E+W+SIn section 6(6) (duty to secure sufficient childcare for working parents) in the definition of “disabled child” for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.

89E+W+SIn section 12(8) (duty to provide information, advice and assistance) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.

90E+W+SIn section 22(6) (duty to secure sufficient childcare for working parents (Wales)) in the definition of “disabled child” for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.

91E+W+SIn section 27(8) (duty to provide information, advice and assistance (Wales)) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.

Education and Inspections Act 2006E+W+S

92E+W+SThe Education and Inspections Act 2006 is amended as follows.

93E+W+SIn section 21(5) (proposals under section 19: procedure) for “section 27 of the Sex Discrimination Act 1975 (c. 65) (exception for single-sex establishments turning co-educational)” substitute “ paragraphs 3 and 4 of Schedule 11 to the Equality Act 2010 (single-sex schools turning co-educational) ”.

94E+W+SIn section 91(7) (enforcement of disciplinary penalties) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.

Finance Act 2007E+W+S

95E+W+SIn paragraph 7(7) of Schedule 18 to the Finance Act 2007 (pension schemes: abolition of relief for life insurance premium contributions etc)—

(a)for “Employment Equality (Age) Regulations 2006 (SI 2006/1031)” substitute “ Equality Act 2010, so far as relating to age, ”, and

(b)for “them” substitute “ those Regulations ”.

UK Borders Act 2007E+W+S

96E+W+SIn section 48(2)(f) of the UK Borders Act 2007 (recommendations by Chief Inspector of UK Border Agency) for “section 19D of the Race Relations Act 1976 (c.74)” substitute “ paragraph 17 of Schedule 3 to the Equality Act 2010 ”.

Regulatory Enforcement and Sanctions Act 2008E+W+S

97E+W+SThe Regulatory Enforcement and Sanctions Act 2008 is amended as follows.

98E+W+SInsert after section 38(2) (meaning of “relevant offence”)—

“(3)The entry in Schedule 6 for Part 5 of the Disability Discrimination Act 1995 is, in relation to England and Wales and Scotland, to be read as a reference to Part 12 of the Equality Act 2010.”

99E+W+SIn Schedule 3 (enactments specified for the purposes of the Part relating to LBRO) omit “Disability Discrimination Act 1995 (c. 50)”.

Apprenticeships, Skills, Children and Learning Act 2009E+W+S

100E+W+SIn section 218(3)(b) of the Apprenticeships, Skills, Children and Learning Act 2009 (arrangements etc to be made by Commission) for “section 1(1) of the Disability Discrimination Act 1995 (c.50)” substitute “ section 6 of the Equality Act 2010 ”.]

[F256Part 2E+W+SActs of the Scottish Parliament]

Textual Amendments

[F256Education (Disability Strategies and Pupils' Educational Records)(Scotland) Act 2002E+W+S

101E+W+SIn section 6 of the Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2002 (interpretation) in the definition of “pupil with a disability” for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.

Freedom of Information (Scotland) Act 2002E+W+S

102E+W+SThe Freedom of Information (Scotland) Act 2002 is amended as follows.

103E+W+SIn section 11(5) (means of providing information) for “provider of services has under or by virtue of section 21 of the Disability Discrimination Act 1995 (c. 50)” substitute “ person has under or by virtue of section 29 of the Equality Act 2010 (provision of services etc) ”.

104E+W+SIn section 12(6) (excessive cost of compliance) for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.

Dog Fouling (Scotland) Act 2003E+W+S

105E+W+SIn section 16 of the Dog Fouling (Scotland) Act 2003 (interpretation) in the definition of “disabled person” for “section 1 of the Disability Discrimination Act 1995 (c.50)” substitute “ section 6 of the Equality Act 2010 ”.

Education (Additional Support for Learning) (Scotland) Act 2004E+W+S

106E+W+SParagraph 3(1)(e) of schedule 2 to the Education (Additional Support for Learning) (Scotland) Act 2004 (exclusion to duty to comply with placing requests) is amended as follows—

(a)for “section 26 of the Sex Discrimination Act 1975 (c.65))” substitute “ paragraph 1(2) of Part 1 of Schedule 11 to the Equality Act 2010 ”, and

(b)for “section”, where it occurs for the second time, substitute, “ paragraph ”.

Housing (Scotland) Act 2006E+W+S

106AE+W+SIn section 194(1) of the Housing (Scotland) Act 2006 (interpretation), in the definition of “disabled person”, for “Disability Discrimination Act 1995 (c. 50)” substitute Equality Act 2010.]

Education (Additional Support for Learning) (Scotland) Act 2009E+W+S

107E+W+SIn section 9 of the Education (Additional Support for Learning) (Scotland) Act 2009 (functions of education authority in relation to certain pre-school children etc), in the amendment to section 5(3)(c) of the Education (Additional Support for Learning) (Scotland) Act 2004, for “Disability Discrimination Act 1995 (c.50)” substitute “ Equality Act 2010 ”.]

Section 211

SCHEDULE 27E+W+SRepeals and revocations

Part 1 E+W+SRepeals

Commencement Information

I88Sch. 27 Pt. 1 partly in force; Sch. 27 Pt. 1 not in force at Royal assent see s. 216; Sch. 27 Pt. 1 in force at 1.10.2010 for specified purposes by S.I. 2010/2317, art. 2(1)(15)(f) (with art. 15); Sch. 27 Pt. 1 in force at 5.4.2011 for specified purposes by S.I. 2011/1066, art. 2(h)

[F258Short titleExtent of Repeal

The Sex Disqualification Removal Act 1919

The whole Act.

Equal Pay Act 1970

The whole Act.

Sex Discrimination Act 1975

The whole Act.

Race Relations Act 1976

The whole Act.

Estate Agents Act 1979

In section 5(3) “those Acts and”.

Further Education Act 1985

Section 4.

Sex Discrimination Act 1986

The whole Act.

Local Government Act 1988

Section 17(9).

Section 18.

Section 19(10).

Employment Act 1989

Sections 1 to 7.

Section 9.

Section 28(2), (3) and (4)(a).

In section 29(1) the definition of “the 1975 Act”.

Local Government and Housing Act 1989

Section 7(2)(c),(d) and (f).

Social Security Act 1989

In Schedule 5—

(a)in paragraph 2(4) from “; but where” to the end, and

(b)paragraph 5.

Enterprise and New Towns (Scotland) Act 1990

Section 18.

Contracts (Applicable Law) Act 1990

In Schedule 4 in paragraph 1 “Section 1(11) of the Equal Pay Act 1970 and” and the cross-heading referring to the Equal Pay Act 1970.

Further and Higher Education Act 1992

In Schedule 8, paragraphs 75 to 88.

Trade Union and Labour Relations (Consolidation) Act 1992

In Schedule A2 the entries for—

(a)the Equal Pay Act 1970;

(b)the Sex Discrimination Act 1975;

(c)the Race Relations Act 1976;

(d)the Disability Discrimination Act 1995;

(e)the Employment Equality (Sexual Orientation) Regulations 2003;

(f)the Employment Equality (Religion or Belief) Regulations 2003;

(g)the Employment Equality (Age) Regulations 2006.

In Schedule 2, paragraph 3(1) to (3) and the preceding cross-heading.

Trade Union Reform and Employment Rights Act 1993

In section 39(2) “the Sex Discrimination Act 1975, the Race Relations Act 1976, and”.

In Schedule 6, paragraphs 1 and 2.

In Schedule 7, paragraph 8.

Race Relations (Remedies) Act 1994

The whole Act.

Disability Discrimination Act 1995

The whole Act.

Pensions Act 1995

Sections 62 to 66.

Employment Tribunals Act 1996

Section 18(1)(c), (k), (l) and (r).

Section 21(1)(a), (b), (c), (e), (l), (m) and (s).

In Schedule 2, paragraph 7.

Employment Rights Act 1996In Schedule 1, paragraph 1 and the preceding cross-heading.

Armed Forces Act 1996

Sections 21, 23 and 24.

Education Act 1996

In Schedule 36A, in the table, the entries for the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995.

In Schedule 37, paragraphs 31, 32, 34 to 36, 37(b), 39, 40 and 43.

Employment Rights (Dispute Resolution) Act 1998

Section 8(1), (2) and (4).

Section 9(2)(a), (b) and (d).

Section 10(2)(a), (b) and (d).

In Schedule 1, paragraphs 2, 3 and 11.

School Standards and Framework Act 1998

In Schedule 30, paragraphs 5, 6 and 7.

Greater London Authority Act 1999

Section 404.

Learning and Skills Act 2000

Section 150(4)(d) and the “or” immediately preceding it.

In Schedule 9, paragraphs 5, 6, 7 and 9 and the preceding cross-heading.

Race Relations (Amendment) Act 2000

Section 1.

Sections 3 to 10.

Schedule 2, except for paragraphs 17 and 31.

Schedule 3.

Standards In Scotland's Schools etc. Act 2000

In schedule 2, paragraph 2.

Special Educational Needs and Disability Act 2001

Sections 11 to 33.

Section 34(4), (5), (6) and (7).

Sections 38 to 40.

Schedules 2 to 6.

Sex Discrimination (Election Candidates) Act 2002

Section 1.

Employment Act 2002

Section 42 and the preceding cross-heading.

In Schedule 5, the entries for—

(a)the Equal Pay Act 1970;

(b)the Sex Discrimination Act 1975;

(c)the Race Relations Act 1976;

(d)the Disability Discrimination Act 1995;

(e)the Employment Equality (Sexual Orientation) Regulations 2003;

(f)the Employment Equality (Religion or Belief) Regulations 2003;

(g)the Employment Equality (Age) Regulations 2006.

Education Act 2002

In Schedule 7, paragraph 5 and the preceding cross-heading.

In Schedule 18, paragraphs 7 to 12.

In Schedule 21, paragraphs 3 and 26 to 29 and the cross-headings preceding paragraphs 3 and 26.

Private Hire Vehicles (Carriage of Guide Dogs etc) Act 2002

Sections 1 and 3 to 5.

Nationality, Immigration and Asylum Act 2002

In Schedule 7, paragraphs 11, 12 and 14 and the preceding cross-heading.

Gender Recognition Act 2004

Section 19.

In Schedule 6, Part 1.

Civil Partnership Act 2004

Section 6(1)(b) and (2).

Higher Education Act 2004

Section 19.

Education (Additional Support for Learning) (Scotland) Act 2004

In section 17(1) “to exercise the functions which are conferred on a Tribunal by virtue of this Act”.

Disability Discrimination Act 2005

The whole Act except for—

(a)section 3

(b)section 9

(c)Schedule 1 paragraphs 31, 33, 34(1) and (6) and Part 2

Serious Organised Crime and Police Act 2005

Section 56(2)(a) and (b) and (4)(a), (b), (g) and (h) and the “and” preceding each of paragraphs (g) and (h).

Education Act 2005

In Schedule 9, paragraph 8 and the preceding cross-heading.

In Schedule 14, paragraphs 5 and 7.

In Schedule 15, paragraph 6.

Charities and Trustee Investment (Scotland) Act 2005

In schedule 4, paragraph 3.

Equality Act 2006

Section 25.

Section 26.

Section 33.

Section 43.

Part 2.

Section 81

Part 4.

In Section 94(3) “and 41 to 56” and “and the Disability Discrimination Act 1995(c.50)”.

In Schedule 3, paragraphs 6 to 35 and paragraphs 40 to 56.

Education and Inspections Act 2006

In Schedule 1, paragraph 1 and the preceding cross-heading.

In Schedule 3, paragraph 3 and the preceding cross-heading.

Legal Services Act 2007

In Schedule 21, paragraphs 32, 36 to 38 and 118 and the cross-headings preceding paragraphs 32 and 118.

Greater London Authority Act 2007

Section 11(5).

Regulatory Enforcement and Sanctions Act 2008

In Schedule 3, “Disability Discrimination Act 1995 (c.50)”.

In Schedule 6, “Disability Discrimination Act 1995 (c.50)”.

Education and Skills Act 2008

In Schedule 1, paragraphs 1 to 4 and the cross-heading preceding paragraph 1.

Local Transport Act 2008

Section 55.

Section 56.

Apprenticeships, Skills, Children and Learning Act 2009

Section 221(3).]

Textual Amendments

[F259PART 1A E+W+SREPEALS RELATING TO THE COMMENCEMENT OF THE PUBLIC SECTOR EQUALITY DUTY ON 5TH APRIL 2011

Textual Amendments

Short titleExtent of repeal
Race Relations (Amendment) Act 2000Section 2.
Schedule 1.
In Schedule 2, paragraph 17.
Nationality, Immigration and Asylum Act 2002Section 6(5).
Water Act 2003In Schedule 7, paragraph 22.
Courts Act 2003In Schedule 8, paragraph 187.
Health and Social Care (Community Health and Standards) Act 2003In Schedule 4, paragraphs 21 and 22.
Health Protection Agency Act 2004In Schedule 3, paragraph 8.
Energy Act 2004In Schedule 14, paragraph 4.
Fire and Rescue Services Act 2004In Schedule 1, paragraph 48.
Civil Contingencies Act 2004In Schedule 2, paragraph 10(3)(a).
Disability Discrimination Act 2005Section 3.
Serious Organised Crime and Police Act 2005In Schedule 4, paragraphs 33 to 35.
Education Act 2005In Schedule 14, paragraphs 6 and 8.
Gambling Act 2005In Schedule 16, paragraph 9.
London Olympic Games and Paralympic Games Act 2006In Schedule 1, paragraph 21.
Natural Environment and Rural Communities Act 2006In Schedule 11—

(a)paragraph 61, and

(b)in paragraph 175(2), “in the Race Relations Act 1976 (c. 74), Part 2 of Schedule 1A;”.

National Health Service (Consequential Provisions) Act 2006In Schedule 1, paragraphs 55 and 56.
Police and Justice Act 2006In Schedule 1, paragraph 60.
Tourist Boards (Scotland) Act 2006In Schedule 2, paragraph 3.
Tribunals, Courts and Enforcement Act 2007In Schedule 8, paragraph 7.
Offender Management Act 2007In Schedule 3, paragraphs 1 and 7.
Legal Services Act 2007In Schedule 21, paragraph 39.
Health and Social Care Act 2008In Schedule 5, paragraph 59.
In Schedule 10, paragraph 6.
Housing and Regeneration Act 2008In Schedule 8, paragraph 21.
In Schedule 9, paragraph 4.
Local Transport Act 2008In Schedule 4, paragraph 49.
Climate Change Act 2008In Schedule 1, paragraph 32.
Pensions Act 2008In Schedule 1, paragraph 25.
Local Democracy, Economic Development and Construction Act 2009In Schedule 6, paragraph 44.
Apprenticeships, Skills, Children and Learning Act 2009In Schedule 6, paragraph 1.
In Schedule 12, paragraph 7.
Marine and Coastal Access Act 2009In Schedule 2, paragraph 4.
Policing and Crime Act 2009Section 2(3).]

Part 2 E+W+SRevocations

Commencement Information

I89Sch. 27 Pt. 2 wholly in force; Sch. 27 Pt. 2 not in force at Royal assent see s. 216; Sch. 27 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(15)(f) (with art. 15)

TitleExtent of revocation
Occupational Pension Schemes (Equal Treatment) Regulations 1995 (S.I. 1995/3183)The whole Regulations.
Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660)The whole Regulations.
Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661)The whole Regulations.
Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770)The whole Regulations.
Occupational Pension Schemes (Equal Treatment) (Amendment) Regulations 2005 (S.I. 2005/1923)The whole Regulations.
Employment Equality (Age) Regulations 2006 (S.I. 2006/1031)The whole Regulations (other than Schedules 6 and 8).
Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263)The whole Regulations.
Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963)The whole Regulations.

[F260PART 3 E+W+SREVOCATIONS RELATING TO THE COMMENCEMENT OF THE PUBLIC SECTOR EQUALITY DUTY ON 5TH APRIL 2011

Textual Amendments

TitleExtent of revocation
National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469)In Schedule 1, paragraph 9.
Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590)In the Schedule, paragraph 4.
Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005 (S.I. 2005/2077)Article 5.
Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172)In the Schedule, paragraph 2.
References to Health Authorities Order 2007 (S.I. 2007/961)In the Schedule, paragraph 12.
Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007 (S.I. 2007/1103)In the Schedule, paragraph 3.
Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)In Schedule 1, paragraphs 10 to 16.
Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576)In Schedule 5, paragraph 4.
Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080)In Schedule 1, paragraphs 9 to 11.
Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158)In Schedule 2, in Part 2, paragraph 30.]

Section 214

SCHEDULE 28E+W+SIndex of defined expressions

ExpressionProvision
Accrual of rights, in relation to an occupational pension schemeSection 212(12)
Additional maternity leaveSection 213(6) and (7)
Additional maternity leave periodSection 213(8)
Age discriminationSection 25(1)
Age groupSection 5(2)
Armed forcesSection 212(1)
AssociationSection 107(2)
Auxiliary aidSection 20(11)
BeliefSection 10(2)
Breach of an equality clause or ruleSection 212(8)
The CommissionSection 212(1)
CommonholdSection 38(7)
Compulsory maternity leaveSection 213(3)
Contract workSection 41(6)
Contract workerSection 41(7)
Contravention of this ActSection 212(9)
Crown employmentSection 83(9)
DetrimentSection 212(1) and (5)
DisabilitySection 6(1)
Disability discriminationSection 25(2)
Disabled personSection 6(2) and (4)
DiscriminationSections 13 to 19, 21 and 108
Disposal, in relation to premisesSection 38(3) to (5)
Education ActsSection 212(1)
Employer, in relation to an occupational pension schemeSection 212(11)
EmploymentSection 212(1)
EnactmentSection 212(1)
Equality clauseSection 212(1)
Equality ruleSection 212(1)
FirmSection 46(2)
Gender reassignmentSection 7(1)
Gender reassignment discriminationSection 25(3)
HarassmentSection 26(1)
Independent educational institutionSection 89(7)
LLPSection 46(4)
ManSection 212(1)
Marriage and civil partnershipSection 8
Marriage and civil partnership discriminationSection 25(4)
Maternity equality clauseSection 212(1)
Maternity equality ruleSection 212(1)
Maternity leaveSection 213(2)
Member, in relation to an occupational pension schemeSection 212(10)
Member of the executiveSection 212(7)
Non-discrimination ruleSection 212(1)
Occupation, in relation to premisesSection 212(6)
Occupational pension schemeSection 212(1)
Offshore workSection 82(3)
Ordinary maternity leaveSection 213(4) and (5)
ParentSection 212(1)
Pension credit memberSection 212(11)
Pensionable serviceSection 212(11)
Pensioner memberSection 212(11)
Personal officeSection 49(2)
Physical featureSection 20(10)
Pregnancy and maternity discriminationSection 25(5)
PremisesSection 38(2)
PrescribedSection 212(1)
ProfessionSection 212(1)
Proposed firmSection 46(3)
Proposed LLPSection 46(5)
Proprietor, in relation to a schoolSection 89(4)
Protected characteristicsSection 4
Protected period, in relation to pregnancySection 18(6)
Provision of a serviceSections 31 and 212(4)
Public functionSections 31(4) and 150(5)
Public officeSections 50(2) and 52(4)
PupilSection 89(3)
RaceSection 9(1)
Race discriminationSection 25(6)
Reasonable adjustments, duty to makeSection 20
Relevant member of the House of Commons staffSection 83(5)
Relevant member of the House of Lords staffSection 83(6)
Relevant person, in relation to a personal or public officeSection 52(6)
ReligionSection 10(1)
Religious or belief-related discriminationSection 25(7)
Requirement, the first, second or thirdSection 20
Responsible body, in relation to a further or higher education institutionSection 91(12)
Responsible body, in relation to a schoolSection 85(9)
SchoolSection 89(5) and (6)
Service-providerSection 29(1)
SexSection 11
Sex discriminationSection 25(8)
Sex equality clauseSection 212(1)
Sex equality ruleSection 212(1)
Sexual orientationSection 12(1)
Sexual orientation discriminationSection 25(9)
StudentSection 94(3)
Subordinate legislationSection 212(1)
SubstantialSection 212(1)
Taxi, for the purposes of Part 3 (services and public functions)Schedule 2, paragraph 4
Taxi, for the purposes of Chapter 1 of Part 12 (disabled persons: transport)Section 173(1)
TenancySection 38(6)
TradeSection 212(1)
Transsexual personSection 7(2)
Trustees or managers, in relation to an occupational pension schemeSection 212(11)
UniversitySection 94(4)
VictimisationSection 27(1)
Vocational trainingSection 56(6)
WomanSection 212(1)