Modifications etc. (not altering text)
C1Pt. 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
—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 [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) 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 [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), Sch. 1 para. 28
F2S. 17 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. 18
F3S. 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.
F4S. 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.
F5Words 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.
F6Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 3 para. 12
F7S. 17 Table para. 7A inserted (S.) by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(1), Sch. 10 para. 6(2)
F8S. 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.
F9S. 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.
Modifications etc. (not altering text)
C2S. 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