|
| |
|
relation to or for the purpose of a religion or belief does not contravene |
| |
| |
(a) | insisting on exercising the skill in the way in which he exercises it in |
| |
relation to or for the purposes of that religion or belief, or |
| |
(b) | if he reasonably considers it impracticable to exercise the skill in that |
| 5 |
way in relation to or for the purposes of another religion or belief, to |
| |
refuse to exercise it in relation to or for the purposes of that other |
| |
| |
| |
(a) | does not apply in relation to the provision of goods, facilities or services |
| 10 |
by a person exercising a public function, and |
| |
(b) | does not apply to discrimination in relation to the provision of goods, |
| |
facilities or services if discrimination in relation to that provision— |
| |
(i) | is unlawful by virtue of another provision of this Part or by |
| |
virtue of a provision of the Employment Equality (Religion or |
| 15 |
Belief) Regulations 2003 (S.I. 2003/1660), or |
| |
(ii) | would be unlawful by virtue of another provision of this Part or |
| |
of those regulations but for an express exception. |
| |
(5) | For the purposes of subsection (1) it is immaterial whether or not a person |
| |
charges for the provision of goods, facilities or services. |
| 20 |
| |
(1) | It is unlawful for a person to discriminate against another— |
| |
(a) | in the terms on which he offers to dispose of premises to him, |
| |
(b) | by refusing to dispose of premises to him, or |
| |
(c) | in connection with a list of persons requiring premises. |
| 25 |
(2) | It is unlawful for a person managing premises to discriminate against an |
| |
| |
(a) | in the manner in which he provides access to a benefit or facility, |
| |
(b) | by refusing access to a benefit or facility, |
| |
| 30 |
(d) | by subjecting him to another detriment. |
| |
(3) | It is unlawful for a person to discriminate against another by refusing |
| |
permission for the disposal of premises to him. |
| |
(4) | This section applies only to premises in Great Britain. |
| |
47 | Section 46: exceptions |
| 35 |
(1) | Section 46(1), (2) and (5) shall not apply to anything done in relation to the |
| |
disposal or management of part of premises by a person (“the landlord”) if— |
| |
(a) | the landlord or a near relative resides, and intends to continue to reside, |
| |
in another part of the premises, |
| |
(b) | the premises include parts (other than storage areas and means of |
| 40 |
access) shared by residents of the premises, and |
| |
(c) | the premises are not normally sufficient to accommodate— |
| |
(i) | in the case of premises to be occupied by households, more than |
| |
two households in addition to that of the landlord or his near |
| |
| 45 |
|
| |
|
| |
|
(ii) | in the case of premises to be occupied by individuals, more than |
| |
six individuals in addition to the landlord or his near relative. |
| |
(2) | In subsection (1) “near relative” means— |
| |
(a) | spouse or civil partner, |
| |
(b) | parent or grandparent, |
| 5 |
(c) | child or grandchild (whether or not legitimate), |
| |
(d) | the spouse or civil partner of a child or grandchild, |
| |
(e) | brother or sister (whether of full blood or half-blood), and |
| |
(f) | any of the relationships listed in paragraphs (b) to (e) above that arises |
| |
through marriage, civil partnership or adoption. |
| 10 |
(3) | Section 46(1) and (5) shall not apply to the disposal of premises by a person |
| |
| |
(a) | owns an estate or interest in the premises, |
| |
(b) | occupies the whole of the premises, |
| |
(c) | does not use the services of an estate agent for the purposes of the |
| 15 |
| |
(d) | does not arrange for the publication of an advertisement for the |
| |
purposes of the disposal. |
| |
48 | Educational establishments |
| |
(1) | It is unlawful for the responsible body of an educational establishment listed |
| 20 |
in the Table to discriminate against a person— |
| |
(a) | in the terms on which it offers to admit him as a pupil, |
| |
(b) | by refusing to accept an application to admit him as a pupil, or |
| |
(c) | where he is a pupil of the establishment— |
| |
(i) | in the way in which it affords him access to any benefit, facility |
| 25 |
| |
(ii) | by refusing him access to a benefit, facility or service, |
| |
(iii) | by excluding him from the establishment, or |
| |
(iv) | by subjecting him to any other detriment. |
| |
(2) | In the application of this section to England and Wales— |
| 30 |
(a) | an expression also used in any of the Education Acts (within the |
| |
meaning of section 578 of the Education Act 1996 (c. 56)) has the same |
| |
meaning as in that Act, and |
| |
(b) | “pupil” in relation to an establishment includes any person who |
| |
receives education at the establishment. |
| 35 |
(3) | In the application of this section to Scotland, an expression also used in the |
| |
Education (Scotland) Act 1980 (c. 44) has the same meaning as in that Act. |
| |
| | | | | | | | | | School maintained by a local |
| Local education authority or |
| | 40 | | | | | |
|
|
| |
|
| |
|
| | | | | | Independent school (other than |
| | | | | | | | | | Special school (not maintained |
| | | | | by local education authority). |
| | | 5 | | | | | | | | | | | | | | | | | | | |
|
|
49 | Section 48: exceptions |
| 10 |
(1) | Section 48(1) shall not apply in relation to— |
| |
(a) | a school designated under section 69(3) of the School Standards and |
| |
Framework Act 1998 (c. 31) (foundation or voluntary school with |
| |
| |
(b) | a school listed in the register of independent schools for England or for |
| 15 |
Wales if the school’s entry in the register records that the school has a |
| |
| |
(c) | a school transferred to an education authority under section 16 of the |
| |
Education (Scotland) Act 1980 (c. 44) (transfer of certain schools to |
| |
education authorities) which is conducted in the interest of a church or |
| 20 |
| |
(d) | a school provided by an education authority under section 17(2) of that |
| |
Act (denominational schools), |
| |
(e) | a grant-aided school (within the meaning of that Act) which is |
| |
conducted in the interest of a church or denominational body, or |
| 25 |
(f) | a school registered in the register of independent schools for Scotland |
| |
| |
(i) | admits only pupils who belong, or whose parents belong, to one |
| |
or more particular denominations, or |
| |
(ii) | is conducted in the interest of a church or denominational body. |
| 30 |
(2) | Section 48(1)(c)(i), (ii) or (iv) shall not apply in relation to anything done in |
| |
| |
(a) | the content of the curriculum, or |
| |
(b) | acts of worship or other religious observance organised by or on behalf |
| |
of an educational establishment (whether or not forming part of the |
| 35 |
| |
(3) | The Secretary of State may by order— |
| |
(a) | amend or repeal an exception in subsection (1) or (2); |
| |
(b) | provide for an additional exception to section 48; |
| |
(c) | make provision about the construction or application of section 44(3)(d) |
| 40 |
in relation to section 48. |
| |
(4) | An order under subsection (3)— |
| |
|
| |
|
| |
|
(a) | may include transitional, incidental or consequential provision |
| |
(including provision amending an enactment (including an enactment |
| |
in or under an Act of the Scottish Parliament)), |
| |
(b) | may make provision generally or only in respect of specified cases or |
| |
circumstances (which may, in particular, be defined by reference to |
| 5 |
| |
(c) | may make different provision in respect of different cases or |
| |
circumstances (which may, in particular, be defined by reference to |
| |
| |
(d) | shall be made by statutory instrument, |
| 10 |
(e) | may not be made unless the Secretary of State has consulted the |
| |
Scottish Ministers, the National Assembly for Wales and such other |
| |
persons as he thinks appropriate, and |
| |
(f) | may not be made unless a draft has been laid before and approved by |
| |
resolution of each House of Parliament. |
| 15 |
50 | Local education authorities and education authorities |
| |
(1) | It is unlawful for a local education authority (in England and Wales) or an |
| |
education authority (in Scotland) in the exercise of their functions to |
| |
discriminate against a person. |
| |
(2) | In its application to local education authorities the prohibition in subsection (1) |
| 20 |
| |
(a) | the exercise of an authority’s functions under section 14 of the |
| |
Education Act 1996 (c. 56) (provision of schools), |
| |
(b) | the exercise of an authority’s functions in relation to transport, |
| |
(c) | the exercise of an authority’s functions under section 13 of that Act |
| 25 |
(general responsibility for education) in so far as they relate to a matter |
| |
specified in paragraph (a) or (b) above, or |
| |
(d) | the exercise of functions as the responsible body for an establishment |
| |
listed in the Table in section 48. |
| |
(3) | In its application to education authorities the prohibition in subsection (1) shall |
| 30 |
| |
(a) | the exercise of an authority’s functions under section 17 of the |
| |
Education (Scotland) Act 1980 (c. 44) (provision etc. of schools), |
| |
(b) | the exercise of an authority’s functions in relation to transport, |
| |
(c) | the exercise of an authority’s functions under section 1 of that Act, |
| 35 |
section 2 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) and |
| |
sections 4 and 5 of the Education (Additional Support for Learning) |
| |
(Scotland) Act 2004 (asp 4) (duties in relation to provision of education) |
| |
in so far as they relate to a matter specified in paragraph (a) or (b) |
| |
| 40 |
(d) | the exercise of an authority’s functions under section 50(1) of the |
| |
Education (Scotland) Act 1980 (education of pupils in exceptional |
| |
circumstances) in so far as they consist of making arrangements of the |
| |
kind referred to in subsection (2) of that section, or |
| |
(e) | the exercise of functions as the responsible body for an establishment |
| 45 |
listed in the Table in section 48. |
| |
|
| |
|