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Section 89

Schedule 12 Further and higher education exceptions

Part 1 10Single-sex institutions, etc.

Admission to single-sex institutions

1 (1) Section 86(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 86 applies, which—

(a) 15admits 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) 20their 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 86(2)(a) to (d), so far as relating to sex, does not
25prohibit 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
30to 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
35arrangements 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
40order.

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(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
5exemption 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) 10pending 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) 15its 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
20period to be specified in the order;

(b) the stages, within that period, by which the body proposes to move
to the position where section 86(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
25applied 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) 30the accommodation, equipment and facilities available, and

(c) the responsible body’s financial resources.

Part 2 Other exceptions

Occupational requirements

4 35A person (P) does not contravene section 86(1) or (2) if P shows that P’s
treatment of another person relates only to training that would help fit that
other person for work the offer of which the other person could be refused
in reliance on Part 1 of Schedule 9.

Institutions with a religious ethos

5 (1) 40The responsible body of an institution which is designated for the purposes
of this paragraph does not contravene section 86(1), so far as relating to
religion or belief, if, in the admission of students to a course at the
institution—

(a) it gives preference to persons of a particular religion or belief,

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(b) it does so to preserve the institution’s religious ethos, and

(c) the course is not a course of vocational training.

(2) A Minister of the Crown may by order designate an institution if satisfied
that the institution has a religious ethos.

5Benefits dependent on marital status, etc.

6 A person does not contravene section 86, so far as relating to sexual
orientation, by providing married persons and civil partners (to the
exclusion of all other persons) with access to a benefit, facility or service.

Child care

7 (1) 10A person does not contravene section 86(2)(b) or (d), so far as relating to age,
only by providing, or making arrangements for or facilitating the provision
of, care for children of a particular age group.

(2) Facilitating the provision of care for a child includes—

(a) paying for some or all of the cost of the provision;

(b) 15helping a parent of the child to find a suitable person to provide care
for the child;

(c) enabling a parent of the child to spend more time providing care for
the child or otherwise assisting the parent with respect to the care
that the parent provides for the child.

(3) 20A child is a person who has not attained the age of 17.

(4) A reference to care includes a reference to supervision.

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