Sex Discrimination Act 1975 (repealed)

22 F1 . . . Bodies in charge of educational establishments. E+W+S

[F2 (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.

TABLE

Establishment	Responsibl e body
England and Wales
1. Educational establishment maintained by a [F3 local authority].	[F3 local authority] or [F4 managers or][F5 governing 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 [F3 local authority].	Proprietor.
F6 3A.. . .	F6 . . .
[F7 3B. Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).]	[F7 Governing body. ]
4. University.	Governing body.
[F8 4A.Institution other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992).]	[F8 Governing body.]
5. Establishment (not falling within paragraphs 1 [F9 to 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 [F10 73(c)or(d) of the Education (Scotland) Act 1980]	Managers of the educational establishment.
F11 . . .	F11 . . .
[F12 7B. 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 .]	[F12 Board of management]
[F13 7C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.]	[F13 Governing 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.

[F14 (2) 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).]

Textual Amendments

F1 S. 22: words in heading omitted (1.10.2005) by virtue of The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 22(1)

F2 S. 22 renumbered (1.10.2005) as s. 22(1) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 21(2)

F3 Words in s. 22 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 29(2)

F4 Words repealed (E.W.) by Education Act 1980 (c. 20, SIF 41:1), s. 1(3), Sch. 1 para. 27

F5 S. 22: words in Table para. 1 substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 5 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F6 S. 22: Table para. 3A repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F7 S. 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.

F8 S. 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.

F9 Words 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

F10 Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 6

F11 S. 22 Table para. 7A repealed (S.) (31.12.2004) by 2000 asp 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2(b)

F12 S. 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.

F13 S. 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.

F14 S. 22(2)-(4) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 21(3)

Modifications etc. (not altering text)

C1 S. 22 applied (E.W.) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

C2 S. 22 applied (E.W.) (9.5.1994) by S.I. 1994/1084, reg. 8, Sch. 2 Pt. I

C3 S. 22 Table paras. 1-5 modified (23.4.1999) by S.I. 1999/988, art. 2