Race Relations Act 1976 (Repealed)

19 General duty in public sector of education. E+W+S

(1) Without prejudice to its obligation to comply with any other provision of this Act, a body to which this subsection applies shall be under a general duty to secure that facilities for education provided by it, and any ancillary benefits or services, are provided without racial discrimination.

(2) The following provisions of the M1 Education Act 1944, namely—

(a) section 68 (power of Secretary of State to require duties under that Act to be exercised reasonably); and

(b) section 99 (powers of Secretary of State where local education authorities etc. are in default),

shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 17 [F1 18, 18A and 18C], and shall also apply to the performance of the general duty imposed by subsection (1), as they apply to the performance by a local education authority of a duty imposed by that Act.

(3) Section [F2 70 of the Education (Scotland) Act 1980] (power of the Secretary of State to require duties in that Act to be exercised) shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 17 and 18, and shall also apply to the performance of the general duty imposed by subsection (1), as the [F2 said section 70] applies to the performance by an education authority of a duty imposed by that Act.

(4) The sanctions in subsections (2) and (3) shall be the only sanctions for breach of the general duty in subsection (1), but without prejudice to the enforcement of sections 17 [F1 18, 18A and 18C] under section 57 or otherwise (where the breach is also a contravention of either of those sections).

(5) The Secretary of State shall have the power to cause a local inquiry to be held under section [F3 67 of the Education (Scotland) Act 1980]into any matter arising from subsection (3).

(6) Subsection (1) applies to—

(a) local education authorities in England and Wales;

(b) education authorities in Scotland;

(c) any other body which is a responsible body in relation to—

(i) an establishment falling within paragraph 1, 3 [F4 3A][F5 3B][F6 7, 7A, 7B or 7C]of the table in section 17;

(ii) an establishment designated under section 24(1) of the M2 Sex Discrimination Act 1975 as falling within paragraph . . . F7 (c) of section 24(2) of that Act;

(iii) an establishment designated under the said section 24(1) as falling within paragraph (b) of the said section 24(2) where the grants in question are payable under section 100 of the M3 Education Act 1944.

[F8 (d) the Further Education Funding Council for England and the Further Education Funding Council for Wales.]

[F9 (e) the Funding Agency for Schools and the Schools Funding Council for Wales.]

Textual Amendments

F1 Words in s. 19(2)(4) substituted (1.4.1994) by 1993 c. 35, ss. 307(1), 308(3), Sch. 19 para. 66(a); S.I. 1994/507, art. 4, Sch. 2.

F2 Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 14(a)

F3 Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 14(b)

F4 “3A" inserted (29.7.1988) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 12 Pt. I para. 19

F5 Words in s. 19(6)(c)(i) (which were inserted by Education Reform Act 1988 (c. 40), ss. 231(7), 235(6), 237, Sch. 12 Pt. III para. 79(a)) substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 88(1)(a); S.I. 1992/831, art. 2, Sch. 1.

F6 Words in s. 19(6)(c)(i) expressed to be substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(4); S.I. 1992/817, art. 3(2), Sch. 1.

F7 “(a) or" repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 12 Pt. III para. 79(b), Sch. 13 Pt. II

F8 S. 19(6)(d) inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 88(1)(b); S.I. 1992/831, art. 2, Sch. 1.

F9 S. 19(6)(e) inserted (1.4.1994) by 1993 c. 35, ss. 307(1), 308(3), Sch. 19 para. 66(b); S.I. 1994/507, art. 4, Sch. 2.

Modifications etc. (not altering text)

C2 S. 19 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I

S. 19 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I

C3 S. 19(2) modified (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 88(2); S.I. 1992/831, art. 2, Sch. 1.

Marginal Citations

M1 1944 c. 31

M2 1975 c. 65.

M3 1944 c. 31.

19 General duty in public sector of education. E+W+S

(1) Without prejudice to its obligation to comply with any other provision of this Act, a body to which this subsection applies shall be under a general duty to secure that facilities for education provided by it, and any ancillary benefits or services, are provided without racial discrimination.

(2) The following provisions of the M4 Education Act 1944, namely—

(a) section 68 (power of Secretary of State to require duties under that Act to be exercised reasonably); and

(b) section 99 (powers of Secretary of State where local education authorities etc. are in default),

shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 17 and 18, and shall also apply to the performance of the general duty imposed by subsection (1), as they apply to the performance by a local education authority of a duty imposed by that Act.

(3) Section [F10 70 of the Education (Scotland) Act 1980] (power of the Secretary of State to require duties in that Act to be exercised) shall apply to the performance by a body to which subsection (1) applies of the duties imposed by sections 17 and 18, and shall also apply to the performance of the general duty imposed by subsection (1), as the [F10 said section 70] applies to the performance by an education authority of a duty imposed by that Act.

(4) The sanctions in subsections (2) and (3) shall be the only sanctions for breach of the general duty in subsection (1), but without prejudice to the enforcement of sections 17 and 18 under section 57 or otherwise (where the breach is also a contravention of either of those sections).

(5) The Secretary of State shall have the power to cause a local inquiry to be held under section [F11 67 of the Education (Scotland) Act 1980] into any matter arising from subsection (3).

(6) Subsection (1) applies to—

(a) local education authorities in England and Wales;

(b) education authorities in Scotland;

(c) any other body which is a responsible body in relation to—

(i) an establishment falling within paragraph 1, 3 [F12 3A][F13 3B][F14 7, 7A, 7B or 7C]of the table in section 17;

(ii) an establishment designated under section 24(1) of the M5 Sex Discrimination Act 1975 as falling within paragraph . . . F15 (c) of section 24(2) of that Act;

(iii) an establishment designated under the said section 24(1) as falling within paragraph (b) of the said section 24(2) where the grants in question are payable under section 100 of the M6 Education Act 1944.

[F16 (d) the Further Education Funding Council for England and the Further Education Funding Council for Wales.]

Textual Amendments

F10 Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 14(a)

F11 Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 14(b)

F12 “3A" inserted (29.7.1988) by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 12 Pt. I para. 19

F13 Words in s. 19(6)(c)(i) (which were inserted by Education Reform Act 1988 (c. 40), ss. 231(7), 235(6), 237, Sch. 12 Pt. III para. 79(a)) substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 88(1)(a); S.I. 1992/831, art. 2, Sch. 1.

F14 Words in s. 19(6)(c)(i) expressed to be substituted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(4); S.I. 1992/817, art. 3(2), Sch.1.

F15 “(a) or" repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 12 Pt. III para. 79(b), Sch. 13 Pt. II

F16 S. 19(6)(d) inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 88(1)(b); S.I. 1992/831, art. 2, Sch. 1.

Modifications etc. (not altering text)

C4 S. 19(2) modified (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 88(2); S.I. 1992/831, art. 2, Sch. 1.

Marginal Citations

M4 1944 c. 31

M5 1975 c. 65.

M6 1944 c. 31.