Part IV Education
F2Chapter 1 SCHOOLS
F1Residual duty of education authorities
Pt. IV Ch. 1: Cross-heading and ss. 28F, 28G inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
F328F Duty of education authorities not to discriminate
1
This section applies to—
a
the functions of a local education authority under the Education Acts; and
b
the functions of an education authority under—
i
the Education (Scotland) Act 1980;
ii
the Education (Scotland) Act 1996; and
iii
the Standards in Scotland’s Schools etc. Act 2000.
2
But it does not apply to any prescribed function.
3
In discharging a function to which this section applies, it is unlawful for the authority to discriminate against—
a
a disabled pupil; or
b
a disabled person who may be admitted to a school as a pupil.
4
But an act done in the discharge of a function to which this section applies is unlawful as a result of subsection (3) only if no other provision of this Chapter makes that act unlawful.
5
In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.
6
In this section and section 28G, “local education authority” has the meaning given in section 12 of the Education Act 1996.
7
“The Education Acts” has the meaning given in section 578 of the Education Act 1996.
8
In this section and section 28G, “education authority” has the meaning given in section 135(1) of the Education (Scotland) Act 1980.
F428G Residual duty: supplementary provisions
1
Section 28B applies for the purposes of section 28F as it applies for the purposes of section 28A with the following modifications—
a
references to a responsible body are to be read as references to an authority; and
b
references to section 28C are to be read as references to subsections (2) to (4).
2
Each authority must take such steps as it is reasonable for it to have to take to ensure that, in discharging any function to which section 28F applies—
a
disabled persons who may be admitted to a school as pupils are not placed at a substantial disadvantage in comparison with persons who are not disabled; and
b
disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.
3
That does not require the authority to—
a
remove or alter a physical feature; or
b
provide auxiliary aids or services.
4
This section imposes duties only for the purpose of determining whether an authority has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.
5
A reference in sections 28I, 28K(1), 28M(6) and 28P to a responsible body is to be read as including a reference to a local education authority in relation to a function to which section 28F applies.
6
A reference in section 28N and 28P to a responsible body is to be read as including a reference to an education authority in relation to a function to which section 28F applies.
7
“Authority” means—
a
in relation to England and Wales, a local education authority; and
b
in relation to Scotland, an education authority.
Pt. IV: Chapter heading, cross-heading and s. 28A inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 11(1) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1