C11C12C13Part III Discrimination in Other Fields
Pt. III (ss. 22–36) excluded by S.I. 1989/2420, art. 3
Pt. III (ss. 22-36) applied (1.10.1998) by 1998 c. 31, s. 25, Sch. 5 para. 6(a) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I
Pt. III (ss. 22-36) applied (1.9.1999) by 1998 c. 31, s. 24, Sch. 4 para. 8(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
Education
C1C2C322F1. . . Bodies in charge of educational establishments.
F21
—It is unlawful in relation to an educational establishment falling within column 1 of the following table, for a person indicated in relation to the establishment in column 2 (the “responsible body”) to discriminate against a woman—
a
in the terms on which it offers to admit her to the establishment as a pupil, or
b
by refusing or deliberately omitting to accept an application for her admission to the establishment as a pupil, or
c
where she is a pupil of the establishment—
i
in the way it affords her access to any benefits, facilities or services, or by refusing or deliberately omitting to afford her access to them, or
ii
by excluding her from the establishment or subjecting her to any other detriment.
Establishment | Responsibl e body |
|---|---|
England and Wales | |
1. Educational establishment maintained by a local education authority. | Local education authority or F3managers orF4governing body, according to which of them has the function in question. |
2. Independent school not being a special school. | Proprietor. |
3. Special school not maintained by a local education authority. | Proprietor. |
F53A.. . . | F5. . . |
[F63B. Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).] | [F6Governing body. ] |
4. University. | Governing body. |
F74A.Institution other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992). | F7Governing body. |
5. Establishment (not falling within paragraphs 1 F8to 4A) providing full-time or part-time education, being an establishment designated under section 24(1). | Governing body. |
Scotland | |
6. Educational establishment managed by an education authority. | Education authority. |
7. Educational establishment in respect of which the managers are for the time being receiving grants under section F973(c)or(d) of the Education (Scotland) Act 1980 | Managers of the educational establishment. |
|
|
[F117B. College of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management .] | [F11Board of management] |
[F127C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.] | [F12Governing body] |
8. University. | Governing body. |
9. Independent school. | Proprietor. |
10. Any other educational establishment (not falling within paragraphs 6, 7 and 9) providing full or part-time school education or further education. | Managers of the educational establishment. |
F132
It is unlawful for the governing body of an institution of further or higher education to discriminate against a woman in the arrangements it makes for the purpose of selecting people for admission to the institution.
3
It is unlawful for the governing body of an institution of further or higher education to subject a woman to harassment if that woman is a student at the institution or has applied for admission to the institution.
4
In subsections (2) and (3) “institution of further or higher education” means—
a
in England and Wales, an establishment falling within column 1 of paragraph 3B, 4 or 4A of the table in subsection (1);
b
in Scotland—
i
a college of further education within the meaning given by section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management within the meaning of Part I of that Act,
ii
a college of further education managed by an education authority in the exercise of its functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of the Education (Scotland) Act 1980,
iii
any other educational establishment (not being a school) which provides further education within the meaning of section 1 of the Further and Higher Education (Scotland) Act 1992,
iv
an institution within the higher education sector (within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992), or
v
a central institution (within the meaning of section 135 of the Education (Scotland) Act 1980).
22AF14 Meaning of pupil in section 22.
For the purposes of section 22, “pupil” includes, in England and Wales, any person who receives education at a school or institution to which that section applies.
23 Other discrimination by local education authorities.
1
It is unlawful for a local education authority, in carrying out such of its functions under F18the Education Actsas do not fall under section 22, to do any act which constitutes sex discrimination.
2
E123 Other discrimination by local education authorities.
1
It is unlawful for a local education authority, in carrying out such of its functions under F15the Education Acts as do not fall under section 22, to do any act which constitutes sex discrimination.
2
F2123AF90Discrimination by further and higher education funding bodies
It is unlawful for the F88 Young People’s Learning Agency for England, the Chief Executive of Skills Funding F22 , F23 . . . , the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under F24 the Education Acts F89 ..., F25 and for the F26 Welsh Ministers in carrying out their functions under Part 2 of the Learning and Skills Act 2000” to do any act which constitutes sex discrimination.
23B Discrimination by Scottish Further and Higher Education Funding Councils.
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23BAF87Discrimination by Scottish Further and Higher Education Funding Council
It is unlawful for the Scottish Further and Higher Education Funding Council in carrying out any of its functions to do any act which constitutes sex discrimination.
F2823C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23DF29 Discrimination by F30Training and Development Agency for Schools.
24 Designated establishments.
1
The Secretary of State may by order designate for the purposes of paragraph 5 of the table in section 22 such establishments of the description mentioned in that paragraph as he thinks fit.
2
An establishment shall not be designated under subsection (1) unless—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
b
it is an establishment in respect of which grants are payable out of money provided by Parliament, or
d
it provides full-time education for persons who have attained the upper limit of compulsory school age F35(construed in accordance with section 8 of the Education Act 1996) but not the age of nineteen.
3
A designation under subsection (1) shall remain in force until revoked notwithstanding that the establishment ceases to be within subsection (2).
E2C4C525 General duty in public sector of education.
1
Without prejudice to its obligation to comply with any other provision of this Act, a body to which this subsection applies shall be under a general duty to secure that facilities for education provided by it, and any ancillary benefits or services, are provided without sex discrimination.
C62
The following provisions of F36the Education Act 1996, namely—
a
F37section 496 (power of Secretary of State to require duties under that Act to be exercised reasonably), and
b
F38section 497 (powers of Secretary of State where local education authorities etc. are in default),
shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 F3923, 23A, F40. . . and 23D and shall also apply to the performance of the general duty imposed by subsection (1), as they apply to the performance by a local education authority of a duty imposed by that Act.
3
Section F4170 of the Education (Scotland) Act 1980 (power of the Secretary of State to require duties in that Act to be exercised) shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 and 23 and shall also apply to the performance of the general duty imposed by subsection (1), as the F41said section 70 applies to the performance by an education authority of a duty imposed by that Act.
4
The sanctions in subsections (2) and (3) shall be the only sanctions for breach of the general duty in subsection (1), but without prejudice to the enforcement of sections 22 F4223, 23A, F40. . . and 23D under section 66 or otherwise (where the breach is also a contravention of F43any of those sections).
5
The Secretary of State shall have the power to cause a local inquiry to be held into any matter arising from subsection (3) under section F4467 of the Education (Scotland) Act 1980.
6
Subsection (1) applies to—
a
local education authorities in England and Wales;
b
education authorities in Scotland;
c
any other body which is a responsible body in relation to—
i
ii
an establishment designated under section 24(1) as falling within paragraph . . . F49(c) of section 24(2);
iii
an establishment designated under section 24(1) as falling within paragraph (b) of section 24(2) where the grants in question are payable under F50section 485 of the Education Act 1996
F51d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53f
the Training and Development Agency for Schools.
E3C7C825 General duty in public sector of education.
1
Without prejudice to its obligation to comply with any other provision of this Act, a body to which this subsection applies shall be under a general duty to secure that facilities for education provided by it, and any ancillary benefits or services, are provided without sex discrimination.
C92
The following provisions of F54the Education Act 1996, namely—
a
F55section 496 (power of Secretary of State to require duties under that Act to be exercised reasonably), and
b
F56section 497 (powers of Secretary of State where local education authorities etc. are in default),
shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 F5723, 23A, F58. . . and 23D and shall also apply to the performance of the general duty imposed by subsection (1), as they apply to the performance by a local education authority of a duty imposed by that Act.
3
Section F5970 of the Education (Scotland) Act 1980 (power of the Secretary of State to require duties in that Act to be exercised) shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 22 and 23 and shall also apply to the performance of the general duty imposed by subsection (1), as the F59said section 70 applies to the performance by an education authority of a duty imposed by that Act.
4
The sanctions in subsections (2) and (3) shall be the only sanctions for breach of the general duty in subsection (1), but without prejudice to the enforcement of sections 22 F6023, 23A, F58. . . and 23D under section 66 or otherwise (where the breach is also a contravention of F61any of those sections).
5
The Secretary of State shall have the power to cause a local inquiry to be held into any matter arising from subsection (3) under section F6267 of the Education (Scotland) Act 1980.
6
Subsection (1) applies to—
a
local education authorities in England and Wales;
b
education authorities in Scotland;
c
any other body which is a responsible body in relation to—
i
ii
an establishment designated under section 24(1) as falling within paragraph . . . F67(c) of section 24(2);
F70e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53f
the Training and Development Agency for Schools.
25AF71 General duty: post-16 education and training etc.
1
2
Facilities falling within this subsection are facilities for—
a
education,
b
training, and
c
organised leisure-time occupation connected with such education or training,
F93F75 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
There shall be no sanction for breach of the general duty in subsection (1) by the F76Welsh Ministers.
5
F94Subsection (4) is without prejudice to the enforcement of section 23A under section 66 or otherwise (where the breach is also a contravention of that section).
26 Exception for single-sex establishments.
1
F77Section 22(1)(a) and (b)F78, 25 and 25A 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), F79sections 22(1)(a) and (b)F78, 25 and 25A do not apply to the admission of boarders and F80sections 22(1)(c)(i) and 25 do not apply to boarding facilities.
3
Where an establishment is a a single-sex establishment by reason of its inclusion in subsection (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 section 22(c)(i) or the duty in section 25 F81or 25A.
F824
In this section, as it applies to an establishment in England and Wales, “pupil” includes any person who receives education at that establishment.
27 Exception for single-sex establishments turning co-educational.
C101
Where at any time—
a
the responsible body for single-sex establishment falling within column 1 of the table in F83section 22(1) determines to alter its admissions arrangements so that the establishment will cease to be a single-sex establishment, or
b
section 26(2) applies to the admission of boarders to a school falling within column 1 of that table but the responsible body determines to alter its admissions arrangements so that section 26(2) will cease so to apply,
the responsible body may apply in accordance with Schedule 2 for an order (a “transitional exemption order”) authorising discriminatory admissions during the transitional period specified in the order.
F841A
Without prejudice to subsection (1), a transitional exemption order may be made—
a
in accordance with regulations made by virtue of section 21(5) of the Education and Inspections Act 2006 (which relates to the alteration of maintained schools in England), or
b
in accordance with paragraph 21 or 22 of Schedule 6 or paragraph 16 or 17 of Schedule 7 to the School Standards and Framework Act 1998 (which relate to the alteration of maintained schools and the rationalisation of school places in Wales).
2
Where during the transitional period specified in a transitional exemption order applying to an establishment the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Act.
3
Subsection (2) does not apply if the refusal or omission contravenes any condition of the transitional exemption order.
4
Except as mentioned in subsection (2), a transitional exemption order shall not afford any exemption from liability under this Act.
5
Where, during the period between the making of an application for a transitional exemption order in relation to an establishment and the determination of the application, the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Act.
F856
In this section, as it applies to an establishment in England and Wales, “pupil” includes any person who receives education at that establishment.
28 Exception for physical training.
F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. III (ss. 22–36) excluded by Employment Act 1989 (c. 38, SIF 43:1, 106:1), ss. 4(1)(b), 5(1)(7)