Further and Higher Education Act 1992

The Race Relations Act 1976 (c. 74)

84 The Race Relations Act 1976 is amended as follows.

85 (1) The Table in section 17 (discrimination by bodies in charge of educational establishments) is amended as follows.

(2) After paragraph 3A there is inserted—

“3B Institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).

Governing body.”

(3) For paragraph 4A there is substituted—

“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.”

(4) In paragraph 5 for “to 4” there is substituted “to 4A”.

86 After that section there is inserted—

“17A Meaning of pupil in section 17

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.”

87 After section 18 (other discrimination by local education authorities) there is inserted—

“18A Discrimination by Further Education and Higher Education Funding Councils

It is unlawful for the Further Education Funding Council for England, the Further Education Funding Council for Wales, the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under the Education Acts 1944 to 1992, to do any act which constitutes racial discrimination.”

88 (1) In section 19(6) (general duty in public sector of education)—

(a) in paragraph (c)(i), for “4A” there is substituted “3B”, and

(b) after paragraph (c) there is added—

“(d) the Further Education Funding Council for England and the Further Education Funding Council for Wales.”

(2) In relation to a further education corporation or a Further Education Funding Council the reference in section 19(2) to section 99 of the [1944 c. 31.] Education Act 1944 is to be read as a reference to section 57(3) of the Further and Higher Education Act 1992.