Modifications etc. (not altering text)
C1Pt. III (ss. 22–36) excluded by Employment Act 1989 (c. 38, SIF 43:1, 106:1), ss. 4(1)(b), 5(1)(7)
C2Pt. III (ss. 22–36) excluded by S.I. 1989/2420, art. 3
C3Pt. 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
—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 [F1managers or]governors, 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. |
| [F23A. Grant-maintained school.] | [F2Governing body.] |
| [F33B. Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).] | [F3Governing body. ] |
| 4. University. | Governing body. |
| [F44A.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).] | [F4Governing body.] |
| 5. Establishment (not falling within paragraphs 1 [F5to 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 [F673(c)or(d) of the Education (Scotland) Act 1980] | Managers of the educational establishment. |
| [F77A. Self-governing school.] | [F7Board of management.] |
| [F87B. 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 .] | [F8Board of management] |
| [F97C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.] | [F9Governing 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. |
Textual Amendments
F1Words repealed (E.W.) by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 27
F2S. 22 Table para. 3A inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 12 Pt. I para. 15
F3S. 22 Table para. 3B inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 76(1)(2); S.I. 1992/831, art. 2, Sch. 1.
F4S. 22 Table para. 4A substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 76(1)(3); S.I. 1992/831, art. 2, Sch. 1.
F5Words in s. 22 Table para. 5 substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 76(1)(4); S.I. 1992/831, art. 2, Sch. 1
F6Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 6
F7S. 22 Table para. 7A inserted (S.) by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 5(2)
F8S. 22 Table para. 7B inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 4(2)(a); S.I. 1992/817, art. 3(2), Sch.1.
F9S. 22 Table para. 7C inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 4(2)(b); S.I. 1992/817, art. 3(2), Sch. 1.
Modifications etc. (not altering text)
C4S. 22 applied (E.W.) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I
C5S. 22 applied (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 8, Sch. 2 Pt. I
C6S. 22 Table paras. 1-5 modified (23.4.1999) by S.I. 1999/988, art. 2