Section 93
1
This Schedule applies where a duty to make reasonable adjustments is
5imposed on A by this Part.
2
(1)
This paragraph applies where A is the responsible body of a school to which
section 80 applies.
(2) A must comply with the first requirement.
(3)
10For the purposes of this paragraph, the reference in section 19(3) to a
provision, criterion or practice is a reference to a provision, criterion or
practice applied by or on behalf of A.
(4) In relation to the requirement, the relevant matters are—
(a) deciding who is offered admission as a pupil;
(b) 15provision of education or access to a benefit, facility or service.
3
(1)
This paragraph applies where A is the responsible body of an institution to
which section 86 applies.
(2) A must comply with the first, second and third requirements.
(3) 20For the purposes of this paragraph—
(a)
the reference in section 19(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
of A;
(b)
the reference in section 19(4) to a physical feature is a reference to a
25physical feature of premises occupied by A;
(c)
the reference in section 19(3), (4) or (5) to a disabled person is, in
relation to a relevant matter within sub-paragraph (4)(d) or (e)
below, a reference to an interested disabled person.
(4) In relation to each requirement, the relevant matters are—
(a) 30deciding who is offered admission as a student;
(b) provision of education;
(c) access to a benefit, facility or service;
(d) deciding on whom a qualification is conferred;
(e) a qualification that A confers.
4
(1)
35An interested disabled person is a disabled person who, in relation to a
relevant matter specified in the first column of the table, is of a description
specified in the second column.
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| Case | Description of disabled person |
|---|---|
| Deciding on whom to confer a qualification. |
A person who is, or has notified A that the person may be, an applicant for the conferment of the qualification. |
| A qualification that A confers. | 5An applicant for the conferment by A of the qualification. A person on whom A confers the qualification. |
(2)
10A provision, criterion or practice does not include the application of a
competence standard.
(3)
A competence standard is an academic, medical or other standard applied
for the purpose of determining whether or not a person has a particular level
of competence or ability.
5
(1)
This paragraph applies where A is the responsible body in relation to a
course to which section 87 applies.
(2)
A must comply with the first, second and third requirements; but if A is the
governing body of a maintained school (within the meaning given by that
20section), A is not required to comply with the second or third requirement.
(3) For the purposes of this paragraph—
(a)
the reference in section 19(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
of A;
(b)
25the reference in section 19(4) to a physical feature is a reference to a
physical feature of premises occupied by A.
(4) In relation to each requirement, the relevant matters are—
(a)
arrangements for enrolling persons on a course of further or higher
education secured by A;
(b) 30services provided by A for persons enrolled on the course.
6
(1)
This paragraph applies where A is the responsible body in relation to
facilities to which section 88 applies.
(2) A must comply with the first, second and third requirements.
(3) 35For the purposes of this paragraph—
(a)
the reference in section 19(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
of A;
(b)
the reference in section 19(4) to a physical feature is a reference to a
40physical feature of premises occupied by A.
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(4)
In relation to each requirement, the relevant matter is A’s arrangements for
providing the recreational or training facilities.
7
In deciding whether it is reasonable for A to have to take a step for the
5purpose of complying with the first, second or third requirement, A must
have regard to relevant provisions of a code of practice issued under section
14 of the Equality Act 2006.
8
(1)
This paragraph applies if a person has made a confidentiality request of
10which A is aware.
(2)
In deciding whether it is reasonable for A to have to take a step in relation to
that person so as to comply with the first, second or third requirement, A
must have regard to the extent to which taking the step is consistent with the
request.
(3) 15In a case within paragraph 2, a “confidentiality request” is a request—
(a)
that the nature or existence of a disabled person’s disability be
treated as confidential, and
(b) which satisfies either of the following conditions.
(4) The first condition is that the request is made by the person’s parent.
(5) 20The second condition is that—
(a) it is made by the person, and
(b)
A reasonably believes that the person has sufficient understanding
of the nature and effect of the request.
(6)
In a case within paragraph 3, a “confidentiality request” is a request by a
25disabled person that the nature or existence of the person’s disability be
treated as confidential.
9
(1)
This paragraph applies where A is a qualifications body for the purposes of
section 91.
(2)
30Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a
qualifications body as they apply to a responsible body.
(3) This paragraph is subject to section 91(7).