22. . . Bodies in charge of educational establishments.E+W+S
[(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 [local authority]. | [local authority] or [managers or][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 [local authority]. | Proprietor. |
3A.. . . | . . . |
[3B. Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).] | [Governing body. ] |
4. University. | Governing body. |
[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).] | [Governing body.] |
5. Establishment (not falling within paragraphs 1 [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 [73(c)or(d) of the Education (Scotland) Act 1980] | Managers of the educational establishment. |
. . . | . . . |
[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 .] | [Board of management] |
[7C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.] | [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. |
[(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
Modifications etc. (not altering text)