Race Relations Act 1976 (Repealed) (c. 74)

Part III E+W+S Discrimination in other fields

Modifications etc. (not altering text)

C1 Pt. III (ss. 17-27) applied (1.9.1999) by 1998 c. 31, ss. 24, Sch. 4 para. 8(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Education E+W+S

17 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 person—

(a) in the terms on which it offers to admit him to the establishment as a pupil; or

(b) by refusing or deliberately omitting to accept an application for his admission to the establishment as a pupil; or

(c) where he is a pupil of the establishment—

(i) in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or

(ii) by excluding him from the establishment or subjecting him to any other detriment.

Table

Establishment	Responsible body
ENGLAND AND WALES
1. Educational establishment maintained by a local education authority.	Local education authority or [F3 managers or][F4 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 education authority.	Proprietor.
F5 . . .	F5 . . ..
[F6 3B. Institution within the further education sector (within the meaning of section 91(3) of the further and Higher Education Act 1992).]	[F6 Governing body]
4. University.	Governing body.
[F7 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).]	[F7 Governing body.]
5. Establishment (not falling within paragraphs 1 [F8 to 4A]) providing full-time or part-time education, being an establishment designated under section 24(1) of the Sex Discrimination Act 1975 for the purposes of paragraph 5 of the corresponding table in section 22 of that Act.	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 [F9 [F10 73 (d)]of the Education (Scotland) Act 1980].	Managers of the educational establishment.
[F11 7AA. A grant aided school, within the meaning of section 135 of the Education (Scotland) Act 1980.]	[F11 The managers of the school.]
[F12 7A. Self-governing school.]	[F12 Board of management.]
[F13 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.]	[F13 Board of management.]
[F14 7C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.]	[F14 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.

[F15 (2) It is unlawful for a responsible body, in relation to an establishment falling within column 1 of the table in subsection (1), to subject to harassment—

(a) a person who applies for admission to the establishment as a pupil; or

(b) a pupil at the establishment.]

Textual Amendments

F1 S. 17: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(1)

F2 S. 17 renumbered (19.7.2003) as s. 17(1) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(2)

F3 Words repealed (E.W.) by Education Act 1980 (c. 20, SIF 41:1), Sch. 1 para. 28

F4 Words in s. 17 Table substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 7 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F5 Words in s. 17 Table 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

F6 S. 17 Table para. 3B inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(1)(2); S.I. 1992/831, art. 2, Sch. 1.

F7 S. 17 Table para. 4A substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(3); S.I. 1992/831, art. 2, Sch. 1.

F8 Words in s. 17 Table para. 5 substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(4); S.I. 1992/831, art. 2, Sch. 1.

F9 Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 3 para. 12

F10 Words in para. 7 of Table in s. 17 substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 1(a) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F11 Para. 7AA of Table in s. 17 inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 1(b) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F12 Para. 7A of Table in s. 17 repealed (S.) (31.12.2004) by 2000 asp. 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2

F13 S. 17 Table para. 7B inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(2)(a); S.I. 1992/817, art. 3(2), Sch. 1.

F14 S. 17 Table para. 7C inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(2)(b); S.I. 1992/817, art. 3(2), Sch. 1.

F15 S. 17(2) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(2)

Modifications etc. (not altering text)

C2 S. 17 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

S. 17 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

[F16 17A Meaning of pupil in section 17. E+W+S

For the purposes of section 17, “pupil” includes, in England and Wales, any person who receives education at a school or institution to which that section applies.]

Textual Amendments

F16 S. 17A inserted (1.8.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para.86; S.I. 1992/831, art. 2, Sch.4.

18 Other discrimination [F17 etc.] by local education authorities. E+W+S

(1) It is unlawful for a local education authority, in carrying out such of its functions under [F18 the Education Acts]as do not fall under section 17, to do any act which constitutes racial discrimination [F19 or harassment] .

(2) It is unlawful for an education authority, in carrying out such of its functions under [F20 the Education (Scotland) [F21 Act 1980]] as do not fall under section 17, to do any act which constitutes racial discrimination [F19 or harassment] .

Textual Amendments

F17 S. 18: word in heading inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(1)

F18 Words in s. 18(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 39 (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 39)

F19 Words in s. 18 inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)

F20 Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 33(2)

F21 Words substituted (S.) by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 13

[F22 18A F23 . . . Further Education and Higher Education Funding Councils E+W+S

It is unlawful for [F24 the Learning and Skills Council for England, F25 . . . ] the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under [F26 the Education Acts][F27 and the Learning and Skills Act 2000], to do any act which constitutes racial discrimination [F28 or harassment] .]

Textual Amendments

F22 S. 18A inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 87; S.I. 1992/831, art. 2, Sch. 1.

F23 S. 18A: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(2)

F24 Words in s. 18A substituted (28.7.2000 for specified purposes and 1.4.2001 otherwise so far as relating to England and Wales) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 9(a); S.I. 2001/654, art. 2(2), Sch. Pt. II (subject to savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (subject to savings and transitional provisions in art. 3)

F25 Words in s. 18A omitted (W.) (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 9(1), Sch. 1 para. 7 (with transitional provisions in art. 7)

F26 Words in s. 18A substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 40 (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 39)

F27 Words in s. 18A inserted (28.7.2000 for specified purposes and 1.4.2001 otherwise so far as relating to England and Wales) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 9(b); S.I. 2001/654, art. 2(2), Sch. Pt. II (subject to savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (subject to savings and transitional provisions in art.3)

F28 Words in s. 18A inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)

18B F29 . . . Scottish Further and Higher Education Funding Councils. E+W+S

F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 S. 18B: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(2)

F30 S. 18B repealed (S.) (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 32, Sch. 3 para. 4(a); S.S.I. 2005/419, art. 2(1)

[F31 18BA Scottish Further and Higher Education Funding Council E+W+S

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 racial discrimination or harassment.]

Textual Amendments

F31 S. 18BA inserted (3.10.2005) by The Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005 (S.I. 2005/2077), art. 5(a)

F32 18C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F32 S. 18C 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

[F35 18D F33 . . . [F34 Training and Development Agency for Schools]. E+W+S

It is unlawful for the [F34 Training and Development Agency for Schools] in carrying out their functions under [F36 any enactment] to do any act which constitutes racial discrimination [F37 or harassment] .]

Textual Amendments

F33 S. 18D: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(2)

F34 Words in s. 18D substituted (1.9.2005) by Education Act 2005 (c. 18), s. 98, Sch. 14 para. 7(a)

F35 S. 18D inserted (21.9.1994) by 1994 c. 30, s. 24, Sch. 2 para. 6(3); S.I. 1994/2204, art. 2(1)

F36 Words in s. 18D substituted (1.9.2005) by Education Act 2005 (c. 18), s. 98, Sch. 14 para. 7(b)

F37 Words in s. 18D inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)

F38 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F38 S. 19 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F39 19ZA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F39 S. 19ZA repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)