Section 143

Schedule 18 Public sector equality duty: exceptions

Children

1 (1) 25Section 143, so far as relating to age, does not apply to the exercise of a
function relating to—

(a) the provision of education to pupils in schools;

(b) the provision of benefits, facilities or services to pupils in schools;

(c) the provision of accommodation, benefits, facilities or services in
30community homes pursuant to section 53(1) of the Children Act
1989;

(d) the provision of accommodation, benefits, facilities or services
pursuant to arrangements under section 82(5) of that Act
(arrangements by the Secretary of State relating to the
35accommodation of children).

(2) “Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6
(schools).

Immigration

2 (1) In relation to the exercise of immigration and nationality functions, section
40143 has effect as if subsection (1)(b) did not apply to the protected
characteristics of age, race or religion or belief.

(2) “Immigration and nationality functions” means functions exercisable by
virtue of—

(a) the Immigration Acts (excluding sections 28A to 28K of the
Immigration Act 1971 so far as they relate to criminal offences),

(b) 5the British Nationality Act 1981,

(c) the British Nationality (Falkland Islands) Act 1983,

(d) the British Nationality (Hong Kong) Act 1990,

(e) the Hong Kong (War Wives and Widows) Act 1996,

(f) the British Nationality (Hong Kong) Act 1997,

(g) 10the Special Immigration Appeals Commission Act 1997,

(h) a provision made under section 2(2) of the European Communities
Act 1972, or of Community law, which relates to the subject matter
of an enactment within paragraphs (a) to (g).

Exceptions that are specific to section 143(2)

3 (1) 15Section 143(2) (application of section 143(1) to persons who are not public
authorities but by whom public functions are exercisable) does not apply
to—

(a) a person listed in sub-paragraph (2);

(b) the exercise of a function listed in sub-paragraph (3).

(2) 20Those persons are—

(a) the House of Commons;

(b) the House of Lords;

(c) the Scottish Parliament;

(d) the National Assembly for Wales;

(e) 25the General Synod of the Church of England;

(f) the Security Service;

(g) the Secret Intelligence Service;

(h) the Government Communications Headquarters;

(i) a part of the armed forces which is, in accordance with a requirement
30of the Secretary of State, assisting the Government Communications
Headquarters.

(3) Those functions are—

(a) a function in connection with proceedings in the House of Commons
or the House of Lords;

(b) 35a function in connection with proceedings in the Scottish Parliament
(other than a function of the Scottish Parliamentary Corporate Body);

(c) a function in connection with proceedings in the National Assembly
for Wales (other than a function of the National Assembly for Wales
Commission);

(d) 40a judicial function;

(e) a function exercised on behalf of, or on the instructions of, a person
exercising a judicial function;

(f) a function of deciding whether or not to institute or continue
criminal proceedings.

(4) 45A reference in sub-paragraph (3) to a judicial function includes a reference
to a judicial function conferred on a person other than a court or tribunal.

Power to amend Schedule

4 A Minister of the Crown may by order amend this Schedule so as to add,
vary or omit an exception to section 143.

Section 144

Schedule 19 5Public authorities

Part 1 Public authorities: general

Ministers of the Crown and government departments

• A Minister of the Crown.

• 10A government department other than the Security Service, the Secret
  Intelligence Service or the Government Communications
  Headquarters.

Armed forces

• Any of the armed forces other than any part of the armed forces which is,
  15in accordance with a requirement of the Secretary of State, assisting the
  Government Communications Headquarters.

National Health Service

• A Strategic Health Authority established under section 13 of the National
  Health Service Act 2006, or continued in existence by virtue of that
  20section.

• A Primary Care Trust established under section 18 of that Act, or
  continued in existence by virtue of that section.

• An NHS trust established under section 25 of that Act.

• A Special Health Authority established under section 28 of that Act other
  25than NHS Blood and Transplant and the NHS Business Services
  Authority.

• An NHS foundation trust within the meaning given by section 30 of that
  Act.

Local government

• 30A county council, district council or parish council in England.

• A parish meeting constituted under section 13 of the Local Government
  Act 1972.

• Charter trustees constituted under section 246 of that Act for an area in
  England.

• 35The Greater London Authority.

• A London borough council.

• The Common Council of the City of London in its capacity as a local
  authority or port health authority.

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• The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the
  Middle Temple, in that person’s capacity as a local authority.

• The London Development Agency.

• The London Fire and Emergency Planning Authority.

• 5Transport for London.

• The Council of the Isles of Scilly.

• The Broads Authority established by section 1 of the Norfolk and Suffolk
  Broads Act 1988.

• A regional development agency established by the Regional
  10Development Agencies Act 1998 (other than the London Development
  Agency).

• A fire and rescue authority constituted by a scheme under section 2 of the
  Fire and Rescue Services Act 2004, or a scheme to which section 4 of that
  Act applies, for an area in England.

• 15An internal drainage board which is continued in being by virtue of
  section 1 of the Land Drainage Act 1991 for an area in England.

• A National Park authority established by an order under section 63 of the
  Environment Act 1995 for an area in England.

• A Passenger Transport Executive for an integrated transport area in
  20England (within the meaning of Part 2 of the Transport Act 1968).

• A port health authority constituted by an order under section 2 of the
  Public Health (Control of Disease) Act 1984 for an area in England.

• A waste disposal authority established by virtue of an order under section
  10(1) of the Local Government Act 1985.

• 25A joint authority established under Part 4 of that Act for an area in
  England (including, by virtue of section 77(9) of the Local Transport
  Act 2008, an Integrated Transport Authority established under Part 5 of
  that Act of 2008).

• A body corporate established pursuant to an order under section 67 of the
  30Local Government Act 1985.

• A joint committee constituted in accordance with section 102(1)(b) of the
  Local Government Act 1972 for an area in England.

• A joint board which is continued in being by virtue of section 263(1) of
  that Act for an area in England.

35Other educational bodies

• The governing body of an educational establishment maintained by an
  English local authority (within the meaning of section 162 of the
  Education and Inspections Act 2006).

• The governing body of an institution in England within the further
  40education sector (within the meaning of section 91(3) of the Further and
  Higher Education Act 1992).

• The governing body of an institution in England within the higher
  education sector (within the meaning of section 91(5) of that Act).

Police

• 45A police authority established under section 3 of the Police Act 1996.

• The Metropolitan Police Authority established under section 5B of that
  Act.

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• The Common Council of the City of London in its capacity as a police
  authority.

Part 2 Public authorities: relevant Welsh authorities

5Welsh Assembly Government, etc.

• The Welsh Ministers.

• The First Minister for Wales.

• The Counsel General to the Welsh Assembly Government.

• A subsidiary of the Welsh Ministers (within the meaning given by section
  10134(4) of the Government of Wales Act 2006).

National Health Service

• A Local Health Board established under section 11 of the National Health
  Service (Wales) Act 2006.

• An NHS trust established under section 18 of that Act.

• 15A Special Health Authority established under section 22 of that Act other
  than NHS Blood and Transplant and the NHS Business Services
  Authority.

• A Community Health Council in Wales.

Local government

• 20A county council, county borough council or community council in
  Wales.

• Charter trustees constituted under section 246 of the Local Government
  Act 1972 for an area in Wales.

• A fire and rescue authority constituted by a scheme under section 2 of the
  25Fire and Rescue Services Act 2004, or a scheme to which section 4 of that
  Act applies, for an area in Wales.

• An internal drainage board which is continued in being by virtue of
  section 1 of the Land Drainage Act 1991 for an area in Wales.

• A National Park authority established by an order under section 63 of the
  30Environment Act 1995 for an area in Wales.

• A port health authority constituted by an order under section 2 of the
  Public Health (Control of Disease) Act 1984 for an area in Wales.

• A joint authority established under Part 4 of the Local Government Act
  1985 for an area in Wales.

• 35A joint committee constituted in accordance with section 102(1)(b) of the
  Local Government Act 1972 for an area in Wales.

• A joint board which is continued in being by virtue of section 263(1) of
  that Act for an area in Wales.

Other educational bodies

• 40The governing body of an educational establishment maintained by a
  Welsh local authority (within the meaning of section 162 of the
  Education and Inspections Act 2006).

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• The governing body of an institution in Wales within the further
  education sector (within the meaning of section 91(3) of the Further and
  Higher Education Act 1992).

• The governing body of an institution in Wales within the higher
  5education sector (within the meaning of section 91(5) of that Act).

Part 3 Public authorities: relevant Scottish authorities

Scottish Administration

• An office-holder in the Scottish Administration (within the meaning
  10given by section 126(7)(a) of the Scotland Act 1998).

National Health Service

• A Health Board constituted under section 2 of the National Health Service
  (Scotland) Act 1978.

• A Special Health Board constituted under that section.

15Local government

• A council constituted under section 2 of the Local Government etc.
  (Scotland) Act 1994.

• A community council established under section 51 of the Local
  Government (Scotland) Act 1973.

• 20A joint board within the meaning of section 235(1) of that Act.

• A joint fire and rescue board constituted by a scheme under section 2(1)
  of the Fire (Scotland) Act 2005.

• A licensing board established under section 5 of the Licensing (Scotland)
  Act 2005, or continued in being by virtue of that section.

• 25A National Park authority established by a designation order made under
  section 6 of the National Parks (Scotland) Act 2000.

• Scottish Enterprise and Highlands and Islands Enterprise, established
  under the Enterprise and New Towns (Scotland) Act 1990.

Other educational bodies

• 30An education authority in Scotland (within the meaning of section 135(1)
  of the Education (Scotland) Act 1980).

• The managers of a grant-aided school (within the meaning of that
  section).

• The board of management of a college of further education (within the
  35meaning of section 36(1) of the Further and Higher Education
  (Scotland) Act 1992).

• In the case of such a college of further education not under the
  management of a board of management, the board of governors of the
  college or any person responsible for the management of the college,
  40whether or not formally constituted as a governing body or board of
  governors.

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• The governing body of an institution within the higher education sector
  (within the meaning of Part 2 of the Further and Higher Education
  (Scotland) Act 1992).

Police

• 5A police authority established under section 2 of the Police (Scotland) Act
  1967.