SCHEDULES
SCHEDULE 12Further and higher education exceptions
Part 1Single-sex institutions, etc.
Admission to single-sex institutions
1
1
Section 91(1), so far as relating to sex, does not apply in relation to a single-sex institution.
2
A single-sex institution is an institution to which section 91 applies, which—
a
admits students of one sex only, or
b
on the basis of the assumption in sub-paragraph (3), would be taken to admit students of one sex only.
3
That assumption is that students of the opposite sex are to be disregarded if—
a
their admission to the institution is exceptional, or
b
their numbers are comparatively small and their admission is confined to particular courses or classes.
4
In the case of an institution which is a single-sex institution by virtue of sub-paragraph (3)(b), section 91(2)(a) to (d), so far as relating to sex, does not prohibit confining students of the same sex to particular courses or classes.
Single-sex institutions turning co-educational
2
1
If the responsible body of a single-sex institution decides to alter its admissions arrangements so that the institution will cease to be a single-sex institution, the body may apply for a transitional exemption order in relation to the institution.
2
A transitional exemption order relating to an institution is an order which, during the period specified in the order as the transitional period, authorises—
a
sex discrimination by the responsible body of the institution in the arrangements it makes for deciding who is offered admission as a student;
b
the responsible body, in the circumstances specified in the order, not to admit a person as a student because of the person's sex.
3
Paragraph 3 applies in relation to the making of a transitional exemption order.
4
The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if —
a
in accordance with a transitional exemption order, or
b
pending the determination of an application for a transitional exemption order in relation to the institution,
it does not admit a person as a student because of the person's sex.
5
The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if —
a
in accordance with a transitional exemption order, or
b
pending the determination of an application for a transitional exemption order in relation to the institution,
it discriminates in the arrangements it makes for deciding who is offered admission as a student.
3
1
In the case of a single-sex institution—
a
its responsible body may submit to the Commission an application for the making of a transitional exemption order, and
b
the Commission may make the order.
2
An application under sub-paragraph (1) must specify—
a
the period proposed by the responsible body as the transitional period to be specified in the order,
b
the stages, within that period, by which the body proposes to move to the position where section 91(1)(a) and (c), so far as relating to sex, is complied with, and
c
any other matters relevant to the terms and operation of the order applied for.
3
The Commission must not make an order on an application under sub-paragraph (1) unless satisfied that the terms of the application are reasonable, having regard to—
a
the nature of the institution's premises,
b
the accommodation, equipment and facilities available, and
c
the responsible body's financial resources.