Part 6 30Education

Chapter 1 Schools

79 Application of this Chapter

This Chapter does not apply to the following protected characteristics—

(a) 35age;

(b) marriage and civil partnership;

(c) pregnancy and maternity.

80 Pupils: admission and treatment, etc.

(1) The responsible body of a school to which this section applies must not
discriminate against a person—

(a) in the arrangements it makes for deciding who is offered admission as
5a pupil;

(b) as to the terms on which it offers to admit the person as a pupil;

(c) by not admitting the person as a pupil.

(2) The responsible body of such a school must not discriminate against a pupil—

(a) in the way it provides education for the pupil;

(b) 10in the way it affords the pupil access to a benefit, facility or service;

(c) by not providing education for the pupil;

(d) by not affording the pupil access to a benefit, facility or service;

(e) by excluding the pupil from the school;

(f) by subjecting the pupil to any other detriment.

(3) 15The responsible body of such a school must not harass—

(a) a pupil;

(b) a person who has applied for admission as a pupil.

(4) The responsible body of such a school must not victimise a person—

(a) in the arrangements it makes for deciding who is offered admission as
20a pupil;

(b) as to the terms on which it offers to admit the person as a pupil;

(c) by not admitting the person as a pupil.

(5) The responsible body of such a school must not victimise a pupil—

(a) in the way it provides education for the pupil;

(b) 25in the way it affords the pupil access to a benefit, facility or service;

(c) by not providing education for the pupil;

(d) by not affording the pupil access to a benefit, facility or service;

(e) by excluding the pupil from the school;

(f) by subjecting the pupil to any other detriment.

(6) 30A duty to make reasonable adjustments applies to the responsible body of such
a school.

(7) In relation to England and Wales, this section applies to—

(a) a school maintained by a local authority;

(b) an independent educational institution (other than a special school);

(c) 35a special school (not maintained by a local authority).

(8) In relation to Scotland, this section applies to—

(a) a school managed by an education authority;

(b) an independent school;

(c) a school in respect of which the managers are for the time being
receiving grants under section 73(c) or (d) of the Education (Scotland)
Act 1980.

(9) The responsible body of a school to which this section applies is—

(a) 5if the school is within subsection (7)(a), the local authority or governing
body;

(b) if it is within subsection (7)(b) or (c), the proprietor;

(c) if it is within subsection (8)(a), the education authority;

(d) if it is within subsection (8)(b), the proprietor;

(e) 10if it is within subsection (8)(c), the managers.

(10) In the application of section 24 for the purposes of subsection (3), none of the
following is a relevant protected characteristic—

(a) gender reassignment;

(b) religion or belief;

(c) 15sexual orientation.

81 Victimisation of pupils, etc. for conduct of parents, etc.

(1) This section applies for the purposes of section 25 in its application to section
80(4) or (5).

(2) The references to B in paragraphs (a) and (b) of subsection (1) of section 25
20include a reference to a parent or sibling of the child in question.

(3) Giving false evidence or information, or making a false allegation, in good faith
is not a protected act in a case where—

(a) the evidence or information is given, or the allegation is made, by a
parent or sibling of the child, and

(b) 25the child has acted in bad faith.

(4) Giving false evidence or information, or making a false allegation, in bad faith,
is a protected act in a case where—

(a) the evidence or information is given, or the allegation is made, by a
parent or sibling of the child, and

(b) 30the child has acted in good faith.

(5) In this section—

• “child” means a person who has not attained the age of 18;

• “sibling” means a brother or sister, a half-brother or half-sister, or a
  stepbrother or stepsister.

82 Application of certain powers under Education Act 1996

(1) Sections 496 and 497 of the Education Act 1996 (powers to give directions
where responsible body of school in default of obligations, etc.) apply to the
performance of a duty under section 80.

(2) 5But neither of sections 496 and 497 of that Act applies to the performance of a
duty under that section by the proprietor of an independent educational
institution (other than a special school).

83 Disabled pupils: accessibility

Schedule 10 (accessibility) has effect.

84 10Interpretation and exceptions

(1) This section applies for the purposes of this Chapter.

(2) Nothing in this Chapter applies to anything done in connection with the
content of the curriculum.

(3) “Pupil”—

(a) 15in relation to England and Wales, has the meaning given in section 3(1)
of the Education Act 1996;

(b) in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980.

(4) “Proprietor”—

(a) in relation to a school in England and Wales, has the meaning given in
section 579(1) of the Education Act 1996;

(b) in relation to a school in Scotland, has the meaning given in section
5135(1) of the Education (Scotland) Act 1980.

(5) “School”—

(a) in relation to England and Wales, has the meaning given in section 4 of
the Education Act 1996;

(b) in relation to Scotland, has the meaning given in section 135(1) of the
10Education (Scotland) Act 1980.

(6) A reference to a school includes a reference to an independent educational
institution in England; and a reference to an independent educational
institution in England is to be construed in accordance with Chapter 1 of Part
4 of the Education and Skills Act 2008.

(7) 15A reference to an independent educational institution is a reference to—

(a) an independent educational institution in England, or

(b) an independent school in Wales.

(8) “Independent school”—

(a) in relation to Wales, has the meaning given in section 463 of the
20Education Act 1996;

(b) in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980.

(9) “Special school” has the meaning given in section 337 of the Education Act
1996.

(10) 25“Local authority” means—

(a) in relation to England, an English local authority within the meaning of
section 162 of the Education and Inspections Act 2006;

(b) in relation to Wales, a Welsh local authority within the meaning of that
section.

(11) 30“Education authority”, in relation to Scotland, has the meaning given in section
135(1) of the Education (Scotland) Act 1980.

(12) Schedule 11 (exceptions) has effect.

Chapter 2 Further and higher education

85 35Application of this Chapter

This Chapter does not apply to the protected characteristic of marriage and
civil partnership.

86 Students: admission and treatment, etc.

(1) The responsible body of an institution to which this section applies must not
discriminate against a person—

(a) in the arrangements it makes for deciding who is offered admission as
5a student;

(b) as to the terms on which it offers to admit the person as a student;

(c) by not admitting the person as a student.

(2) The responsible body of such an institution must not discriminate against a
student—

(a) 10in the way it provides education for the student;

(b) in the way it affords the student access to a benefit, facility or service;

(c) by not providing education for the student;

(d) by not affording the student access to a benefit, facility or service;

(e) by excluding the student;

(f) 15by subjecting the student to any other detriment.

(3) The responsible body of such an institution must not harass—

(a) a student;

(b) a person who has applied for admission as a student.

(4) The responsible body of such an institution must not victimise a person—

(a) 20in the arrangements it makes for deciding who is offered admission as
a student;

(b) as to the terms on which it offers to admit the person as a student;

(c) by not admitting the person as a student.

(5) The responsible body of such an institution must not victimise a student—

(a) 25in the way it provides education for the student;

(b) in the way it affords the student access to a benefit, facility or service;

(c) by not providing education for the student;

(d) by not affording the student access to a benefit, facility or service;

(e) by excluding the student;

(f) 30by subjecting the student to any other detriment.

(6) A duty to make reasonable adjustments applies to the responsible body of such
an institution.

(7) In relation to England and Wales, this section applies to—

(a) a university;

(b) 35any other institution within the higher education sector;

(c) an institution within the further education sector.

(8) In relation to Scotland, this section applies to—

(a) a university;

(b) a designated institution;

(c) 40a college of further education.

(9) A responsible body is—

(a) in the case of an institution within subsection (7)(a), (b) or (c), the
governing body;

(b) in the case of an institution within subsection (8)(a) or (b), the
governing body;

(c) 5in the case of a college of further education under the management of a
board of management, the board of management;

(d) in the case of any other college of further education, any board of
governors of the college or any person responsible for the management
of the college, whether or not formally constituted as a governing body
10or board of governors.

87 Further and higher education courses

(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
15course;

(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
20provide.

(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) 25is 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) 30by 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) 35a 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) 40a 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) 5In 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;

• 10“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.

88 15Recreational or training facilities

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

(a) in the arrangements it makes for deciding who is provided with the
facilities;

(b) 20as to the terms on which it offers to provide the facilities to the person;

(c) by not accepting the person’s application for provision of the facilities.

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

(3) 25The responsible body in relation to such facilities must not harass a person
who—

(a) seeks to have the facilities provided;

(b) is provided with the facilities;

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

(4) 30The responsible body in relation to such facilities must not victimise a person—

(a) in the arrangements it makes for deciding who is provided with the
facilities;

(b) as to the terms on which it offers to provide the facilities to the person;

(c) by not accepting the person’s application for provision of the facilities.

(5) 35The responsible body in relation to such facilities must not victimise a person
who is provided with the facilities 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) 40facilities secured by a local authority in England under section 507A or
507B of the Education Act 1996;

(b) facilities secured by a local authority in Wales under section 508 of that
Act;

(c) recreational or training facilities provided by an education authority in
45Scotland.

(8) A responsible body is—

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

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

(c) an education authority in Scotland, for the purposes of subsection
5(7)(c).

(9) This section does not apply to the protected characteristic of age, so far as
relating to persons who have not attained the age of 18.

89 Interpretation and exceptions

(1) This section applies for the purposes of this Chapter.

(2) 10Nothing in this Chapter applies to anything done in connection with the
content of the curriculum.

(3) A reference to a student, in relation to an institution, is a reference to a person
for whom education is provided by the institution.

(4) A reference to a university includes a reference to a university college and a
15college, school or hall of a university.

(5) A reference to an institution within the further or higher education sector is to
be construed in accordance with section 91 of the Further and Higher
Education Act 1992.

(6) “Further education”—

(a) 20in relation to England and Wales, has the meaning given in section 2 of
the Education Act 1996;

(b) in relation to Scotland, has the meaning given in section 1(3) of the
Further and Higher Education (Scotland) Act 1992.

(7) “Higher education”—

(a) 25in relation to England and Wales, means education provided by means
of a course of a description mentioned in Schedule 6 to the Education
Reform Act 1988;

(b) in relation to Scotland, has the meaning given in section 38 of the
Further and Higher Education (Scotland) Act 1992.

(8) 30“College of further education” has the meaning given in section 36 of the
Further and Higher Education (Scotland) Act 1992.

(9) “Designated institution” has the meaning given in section 44 of that Act.

(10) “Local authority” means—

(a) in relation to England, an English local authority within the meaning of
35section 162 of the Education and Inspections Act 2006;

(b) in relation to Wales, a Welsh local authority within the meaning of that
section.

(11) “Education authority” has the meaning given by section 135(1) of the
Education (Scotland) Act 1980.

(12) 40Schedule 12 (exceptions) has effect.

Chapter 3 General qualifications bodies

90 Application of this Chapter

This Chapter does not apply to the protected characteristic of marriage and
5civil partnership.

91 Qualifications bodies

(1) A qualifications body (A) must not discriminate against a person (B)—

(a) in the arrangements A makes for deciding upon whom to confer a
relevant qualification;

(b) 10as to the terms on which it is prepared to confer a relevant qualification
on B;

(c) by not conferring a relevant qualification on B.

(2) A qualifications body (A) must not discriminate against a person (B) upon
whom A has conferred a relevant qualification—

(a) 15by withdrawing the qualification from B;

(b) by varying the terms on which B holds the qualification;

(c) by subjecting B to any other detriment.

(3) A qualifications body must not, in relation to conferment by it of a relevant
qualification, harass—

(a) 20a person who holds the qualification, or

(b) a person who applies for it.

(4) A qualifications body (A) must not victimise a person (B)—

(a) in the arrangements A makes for deciding upon whom to confer a
relevant qualification;

(b) 25as to the terms on which it is prepared to confer a relevant qualification
on B;

(c) by not conferring a relevant qualification on B.

(5) A qualifications body (A) must not victimise a person (B) upon whom A has
conferred a relevant qualification—

(a) 30by withdrawing the qualification from B;

(b) by varying the terms on which B holds the qualification;

(c) by subjecting B to any other detriment.

(6) A duty to make reasonable adjustments applies to a qualifications body.

(7) Subsection (6) does not apply to the body in so far as the appropriate regulator
specifies provisions, criteria or practices in relation to which the body—

(a) 5is not subject to a duty to make reasonable adjustments;

(b) is subject to a duty to make reasonable adjustments, but in relation to
which such adjustments as the regulator specifies should not be made.

(8) For the purposes of subsection (7) the appropriate regulator must have regard
to—

(a) 10the desirability of minimising the extent to which disabled persons are
disadvantaged in attaining the qualification because of their
disabilities;

(b) the need to secure that the qualification gives a reliable indication of the
knowledge, skills and understanding of a person upon whom it is
15conferred;

(c) the need to maintain public confidence in the qualification.

(9) The appropriate regulator—

(a) must not specify any matter for the purposes of subsection (7) unless it
has consulted such persons as it thinks appropriate;

(b) 20must publish matters so specified (including the date from which they
are to have effect) in such manner as is prescribed.

(10) The appropriate regulator is—

(a) in relation to a qualifications body that confers qualifications in
England, a person prescribed by a Minister of the Crown;

(b) 25in relation to a qualifications body that confers qualifications in Wales,
a person prescribed by the Welsh Ministers;

(c) in relation to a qualifications body that confers qualifications in
Scotland, a person prescribed by the Scottish Ministers.

(11) For the purposes of subsection (10), a qualification is conferred in a part of
30Great Britain if there are, or may reasonably be expected to be, persons seeking
to obtain the qualification who are or will be assessed for those purposes
wholly or mainly in that part.

92 Interpretation

(1) This section applies for the purposes of section 91.

(2) 35A qualifications body is an authority or body which can confer a relevant
qualification.

(3) A relevant qualification is an authorisation, qualification, approval or
certification of such description as may be prescribed—

(a) in relation to conferments in England, by a Minister of the Crown;

(b) 40in relation to conferments in Wales, by the Welsh Ministers;

(c) in relation to conferments in Scotland, by the Scottish Ministers.

(4) An authority or body is not a qualifications body in so far as—

(a) it is the responsible body of a school to which section 80 applies;

(b) it is the governing body of an institution to which section 86 applies;

(c) it exercises functions under the Education Acts;

(d) it exercises functions under the Education (Scotland) Act 1980.

(5) A qualifications body does not include an authority or body of such
description, or in such circumstances, as may be prescribed.

(6) 5A reference to conferring a relevant qualification includes a reference—

(a) to renewing or extending the conferment of a qualification;

(b) to authenticating a qualification conferred by another person.

(7) Subsection (11) of section 91 applies for the purposes of subsection (3) of this
section as it applies for the purposes of subsection (10) of that section.