|
| |
| |
| |
(a) | in the case of an institution within subsection (7)(a), (b) or (c), the |
| |
| |
(b) | in the case of an institution within subsection (8)(a) or (b), the |
| |
| |
(c) | in the case of a college of further education under the management of a |
| 5 |
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 |
| |
| 10 |
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 |
| |
| 15 |
(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 |
| |
| 20 |
(3) | The responsible body in relation to such a course must not harass a person |
| |
| |
(a) | seeks enrolment on the course; |
| |
(b) | is enrolled on the course; |
| |
(c) | is a user of services provided by the body in relation to the course. |
| 25 |
(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 |
| |
| |
(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. |
| 30 |
(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) | a course of further or higher education secured by a responsible body |
| 35 |
| |
(b) | a course of education provided by the governing body of a maintained |
| |
school under section 80 of the School Standards and Framework Act |
| |
| |
(c) | a course of further education secured by an education authority in |
| 40 |
| |
(8) | A responsible body is— |
| |
(a) | a local authority in England or Wales, for the purposes of subsection |
| |
| |
| |
|
| |
| |
| |
Clause 88: Recreational or training facilities |
| |
| |
300. This clause makes it unlawful for local authorities providing any recreational or |
| |
training facilities to discriminate against, harass or victimise a person in terms of deciding who |
| |
should be provided with any facilities and the terms on which the facilities are provided. It |
| 5 |
also imposes on them the duty to make reasonable adjustments when offering such facilities |
| |
and services to disabled people. |
| |
301. The recreational and training facilities concerned are those provided in England under |
| |
sections 507A or 507B of the Education Act 1996 and include things like centres, parks and |
| |
| 10 |
| |
302. These provisions are designed to replicate the effect of provisions in the Disability |
| |
Discrimination Act 1995 and to extend protection to all the protected characteristics covered |
| |
| |
| 15 |
• A local authority which puts on a summer camp for children from local schools |
| |
refuses an application from a child simply because that child is disabled or a Muslim. |
| |
This would be direct discrimination. |
| |
| |
|
| |
| |
| |
(b) | the governing body of a maintained school, for the purposes of |
| |
| |
(c) | an education authority in Scotland, for the purposes of subsection |
| |
| |
| 5 |
“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 |
| |
| |
“enrolment” includes registration for a component part of a course; |
| 10 |
“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 | Recreational or training facilities |
| 15 |
(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 |
| |
| |
(b) | as to the terms on which it offers to provide the facilities to the person; |
| 20 |
(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 |
| |
| |
(3) | The responsible body in relation to such facilities must not harass a person |
| 25 |
| |
(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) | The responsible body in relation to such facilities must not victimise a person— |
| 30 |
(a) | in the arrangements it makes for deciding who is provided with the |
| |
| |
(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) | The responsible body in relation to such facilities must not victimise a person |
| 35 |
who is provided with the facilities in the services it provides or offers to |
| |
| |
(6) | A duty to make reasonable adjustments applies to the responsible body. |
| |
(7) | This section applies to— |
| |
(a) | facilities secured by a local authority in England under section 507A or |
| 40 |
507B of the Education Act 1996; |
| |
(b) | facilities secured by a local authority in Wales under section 508 of that |
| |
| |
(c) | recreational or training facilities provided by an education authority in |
| |
| 45 |
| |
|
| |
| |
| |
Clause 89: Interpretation and exceptions |
| |
| |
303. This clause explains what is meant by terms used in this Chapter, such as “student” |
| |
and “university”. It also makes it clear that the prohibitions in the Chapter do not apply to |
| |
anything done in relation to the content of the curriculum. This ensures that the Bill does not |
| 5 |
inhibit the ability of institutions in the higher and further education sectors to include a full |
| |
range of issues, ideas and materials in their syllabus and to expose students to thoughts and |
| |
ideas of all kinds. The way in which the curriculum is taught is, however, covered by the |
| |
reference to education in clause 86(2)(a), so as to ensure issues are taught in a way which does |
| |
not subject students to discrimination or harassment. |
| 10 |
304. It also gives effect to Schedule 12 which provides exceptions to the provisions in this |
| |
| |
| |
305. These provisions are new, but are based on an exception relating to discrimination |
| |
because of religion or belief in education in schools in the Equality Act 2006, and explicitly |
| 15 |
extends it to education in higher and further education institutions across all the protected |
| |
characteristics covered by this Chapter. |
| |
| |
• A college course includes a module on feminism. This would not be discrimination |
| |
| 20 |
• A university requires students to use a computer for projects or essays. This would |
| |
not be indirect discrimination against a member of a sect which rejects the use of |
| |
| |
| |
|
| |
| |
| |
(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 |
(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) | Nothing in this Chapter applies to anything done in connection with the |
| 10 |
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 |
| |
college, school or hall of a university. |
| 15 |
(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 |
| |
| |
| |
(a) | in relation to England and Wales, has the meaning given in section 2 of |
| 20 |
| |
(b) | in relation to Scotland, has the meaning given in section 1(3) of the |
| |
Further and Higher Education (Scotland) Act 1992. |
| |
| |
(a) | in relation to England and Wales, means education provided by means |
| 25 |
of a course of a description mentioned in Schedule 6 to the Education |
| |
| |
(b) | in relation to Scotland, has the meaning given in section 38 of the |
| |
Further and Higher Education (Scotland) Act 1992. |
| |
(8) | “College of further education” has the meaning given in section 36 of the |
| 30 |
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 |
| |
section 162 of the Education and Inspections Act 2006; |
| 35 |
(b) | in relation to Wales, a Welsh local authority within the meaning of that |
| |
| |
(11) | “Education authority” has the meaning given by section 135(1) of the |
| |
Education (Scotland) Act 1980. |
| |
(12) | Schedule 12 (exceptions) has effect. |
| 40 |
| |
|
| |
| |
| |
Chapter 3: General qualifications bodies |
| |
Clause 90: Application of this Chapter |
| |
| |
306. This clause provides that this Chapter of the Bill, which prohibits discrimination, |
| |
harassment and victimisation by qualifications bodies, does not make it unlawful for such |
| 5 |
bodies to discriminate against, harass or victimise people in the circumstances covered |
| |
because of marriage or civil partnership status. |
| |
| |
307. This clause is designed to replicate the effect of similar provisions in current |
| |
legislation subject to modifications that include placing a responsibility on the appropriate |
| 10 |
| |
Clause 91: Qualifications bodies |
| |
| |
308. This clause makes it unlawful for a qualifications body to discriminate against, harass |
| |
or victimise a person in the arrangements it makes for deciding on whom to confer |
| 15 |
qualifications, and the terms on which those qualifications are conferred. Qualifications bodies |
| |
are defined in clause 92. |
| |
309. It also places a duty on qualifications bodies to make reasonable adjustments for |
| |
disabled people. The clause includes a power for the Secretary of State, Scottish Ministers and |
| |
Welsh Ministers to designate an “appropriate regulator”, which may then specify matters |
| 20 |
which are not subject to the reasonable adjustments duty. For example, it could be specified |
| |
that the requirement to achieve a particular mark to gain a particular qualification is not |
| |
subject to reasonable adjustments. The appropriate regulator may also specify which |
| |
reasonable adjustments should not be made. For example, it may be appropriate to allow |
| |
additional time to complete the exam or to provide a reader, but not to give an exemption from |
| 25 |
part of an exam. In doing so, the appropriate regulator must have regard to the need to ensure |
| |
disabled candidates are not disadvantaged, and the need to maintain the integrity and public |
| |
confidence in the qualification. Before specifying any such matter, the regulator must consult |
| |
anyone it thinks appropriate and it must publish the specified matters. |
| |
| 30 |
310. These provisions are designed to make similar provisions to those in the Disability |
| |
Discrimination Act 1995 and to extend protection to all the protected characteristics covered |
| |
by this chapter. There are some changes to the provisions concerning when reasonable |
| |
adjustments do not need to be made for disabled candidates. |
| |
| |
|
| |
| |
| |
| |
General qualifications bodies |
| |
90 | Application of this Chapter |
| |
This Chapter does not apply to the protected characteristic of marriage and |
| |
| 5 |
| |
(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 |
| |
| |
(b) | as to the terms on which it is prepared to confer a relevant qualification |
| 10 |
| |
(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) | by withdrawing the qualification from B; |
| 15 |
(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 |
| |
| |
(a) | a person who holds the qualification, or |
| 20 |
(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 |
| |
| |
(b) | as to the terms on which it is prepared to confer a relevant qualification |
| 25 |
| |
(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) | by withdrawing the qualification from B; |
| 30 |
(b) | by varying the terms on which B holds the qualification; |
| |
| |
|
