SCHEDULES
SCHEDULE 22Statutory provisions
Statutory authority
I11
1
A person (P) does not contravene a provision specified in the first column of the table, so far as relating to the protected characteristic specified in the second column in respect of that provision, if P does anything P must do pursuant to a requirement specified in the third column.
Specified provision | Protected characteristic | Requirement |
|---|---|---|
Parts 3 to 7 | Age | A requirement of an enactment |
Parts 3 to 7 and 12 | Disability | A requirement of an enactment |
A relevant requirement or condition imposed by virtue of an enactment | ||
Parts 3 to 7 | Religion or belief | A requirement of an enactment |
A relevant requirement or condition imposed by virtue of an enactment | ||
Section 29(6) and Parts 6 and 7 | Sex | A requirement of an enactment |
Parts 3, 4, 6 and 7 | Sexual orientation | A requirement of an enactment |
A relevant requirement or condition imposed by virtue of an enactment |
2
A reference in the table to Part 6 does not include a reference to that Part so far as relating to vocational training.
3
In this paragraph a reference to an enactment includes a reference to—
a
a Measure of the General Synod of the Church of England;
b
an enactment passed or made on or after the date on which this Act is passed.
4
In the table, a relevant requirement or condition is a requirement or condition imposed (whether before or after the passing of this Act) by—
a
a Minister of the Crown;
b
a member of the Scottish Executive;
c
the National Assembly for Wales (constituted by the Government of Wales Act 1998);
d
the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.
Protection of women
I22
1
A person (P) does not contravene a specified provision only by doing in relation to a woman (W) anything P is required to do to comply with—
a
a pre-1975 Act enactment concerning the protection of women;
b
a relevant statutory provision (within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974) if it is done for the purpose of the protection of W (or a description of women which includes W);
c
a requirement of a provision specified in Schedule 1 to the Employment Act 1989 (provisions concerned with protection of women at work).
2
The references to the protection of women are references to protecting women in relation to—
a
pregnancy or maternity, or
b
any other circumstances giving rise to risks specifically affecting women.
3
It does not matter whether the protection is restricted to women.
4
These are the specified provisions—
a
Part 5 (work);
b
Part 6 (education), so far as relating to vocational training.
5
A pre-1975 Act enactment is an enactment contained in—
a
an Act passed before the Sex Discrimination Act 1975;
b
an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act).
6
If an Act repeals and re-enacts (with or without modification) a pre-1975 enactment then the provision re-enacted must be treated as being in a pre-1975 enactment.
7
For the purposes of sub-paragraph (1)(c), a reference to a provision in Schedule 1 to the Employment Act 1989 includes a reference to a provision for the time being having effect in place of it.
8
This paragraph applies only to the following protected characteristics—
a
pregnancy and maternity;
b
sex.
Educational appointments, etc: religious belief
I33
1
A person does not contravene Part 5 (work) only by doing a relevant act in connection with the employment of another in a relevant position.
2
A relevant position is—
a
the head teacher or principal of an educational establishment;
b
the head, a fellow or other member of the academic staff of a college, or institution in the nature of a college, in a university;
c
a professorship of a university which is a canon professorship or one to which a canonry is annexed.
3
A relevant act is anything it is necessary to do to comply with—
a
a requirement of an instrument relating to the establishment that the head teacher or principal must be a member of a particular religious order;
b
a requirement of an instrument relating to the college or institution that the holder of the position must be a woman;
c
an Act or instrument in accordance with which the professorship is a canon professorship or one to which a canonry is annexed.
4
Sub-paragraph (3)(b) does not apply to an instrument taking effect on or after 16 January 1990 (the day on which section 5(3) of the Employment Act 1989 came into force).
5
A Minister of the Crown may by order provide that anything in sub-paragraphs (1) to (3) does not have effect in relation to—
a
a specified educational establishment or university;
b
a specified description of educational establishments.
6
An educational establishment is—
a
a school within the meaning of the Education Act 1996 or the Education (Scotland) Act 1980;
b
a college, or institution in the nature of a college, in a university;
c
an institution designated by order made, or having effect as if made, under section 129 of the Education Reform Act 1988;
F2ca
a registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;
d
a college of further education within the meaning of section 36 of the Further and Higher Education (Scotland) Act 1992;
e
a university in Scotland;
f
an institution designated by order under section 28 of the Further and Higher Education Act 1992 or section 44 of the Further and Higher Education (Scotland) Act 1992.
7
This paragraph does not affect paragraph 2 of Schedule 9.
I44
A person does not contravene this Act only by doing anything which is permitted for the purposes of—
a
section 58(6) or (7) of the School Standards and Framework Act 1998 (dismissal of teachers because of failure to give religious education efficiently);
b
section 60(4) and (5) of that Act (religious considerations relating to certain appointments);
c
section 124A of that Act (preference for certain teachers at independent schools of a religious character).
F1d
section 124AA(5) to (7) of that Act (religious considerations relating to certain teachers at Academies with religious character).
Crown employment, etc.
I55
1
A person does not contravene this Act—
a
by making or continuing in force rules mentioned in sub-paragraph (2);
b
by publishing, displaying or implementing such rules;
c
by publishing the gist of such rules.
2
The rules are rules restricting to persons of particular birth, nationality, descent or residence—
a
employment in the service of the Crown;
b
employment by a prescribed public body;
c
holding a public office (within the meaning of section 50).
3
The power to make regulations for the purpose of sub-paragraph (2)(b) is exercisable by the Minister for the Civil Service.
4
In this paragraph “public body” means a body (whether corporate or unincorporated) exercising public functions (within the meaning given by section 31(4)).