Equality Act 2010

92 Further and higher education courses E+W+S

(1) The responsible body in relation to a course to which this section applies must not discriminate against a person—

(a) in the arrangements it makes for deciding who is enrolled on the course;

(b) as to the terms on which it offers to enrol the person on the course;

(c) by not accepting the person's application for enrolment.

(2) The responsible body in relation to such a course must not discriminate against a person who is enrolled on the course in the services it provides or offers to provide.

(3) The responsible body in relation to such a course must not harass a person who—

(a) seeks enrolment on the course;

(b) is enrolled on the course;

(c) is a user of services provided by the body in relation to the course.

(4) The responsible body in relation to such a course must not victimise a person—

(a) in the arrangements it makes for deciding who is enrolled on the course;

(b) as to the terms on which it offers to enrol the person on the course;

(c) by not accepting the person's application for enrolment.

(5) The responsible body in relation to such a course must not victimise a person who is enrolled on the course in the services it provides or offers to provide.

(6) A duty to make reasonable adjustments applies to the responsible body.

(7) This section applies to—

(a) a course of further or higher education secured by a responsible body in England or Wales;

(b) a course of education provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998;

(c) a course of further education secured by an education authority in Scotland.

(8) A responsible body is—

(a) a local authority in England or Wales, for the purposes of subsection (7)(a);

(b) the governing body of a maintained school, for the purposes of subsection (7)(b);

(c) an education authority in Scotland, for the purposes of subsection (7)(c).

(9) In this section—

• “course”, in relation to further education, includes each component part of a course if there is no requirement imposed on persons registered for a component part of the course to register for another component part of the course;

• “enrolment” includes registration for a component part of a course;

• “maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998;

• “services” means services of any description which are provided wholly or mainly for persons enrolled on a course to which this section applies.