27.—(1) [F1Articles 24(1)( a) and ( b)] and 26 do not apply to the admission of pupils to any establishment (a “single-sex establishment”) which admits pupils of one sex only, or which would be taken to admit pupils of one sex only if there were disregarded pupils of the opposite sex—
(a)whose admission is exceptional, or
(b)whose numbers are comparatively small and whose admission is confined to particular courses of instruction or teaching classes.
(2) Where a school which is not a single-sex establishment has some pupils as boarders and others as non-boarders, and admits as boarders pupils of one sex only (or would be taken to admit as boarders pupils of one sex only if there were disregarded boarders of the opposite sex whose numbers are comparatively small),[F1 Articles 24(1)( a) and ( b)] and 26 do not apply to the admission of boarders and[F1 Articles 24(1)( c)(i)] and 26 do not apply to boarding facilities.
(3) Where an establishment is a single-sex establishment by reason of its inclusion in paragraph (1)( b), the fact that pupils of one sex are confined to particular courses of instruction or teaching classes shall not be taken to contravene Article 24( c)(i) or the duty in Article 26.
F1SR 2005/426