|
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| |
| |
| |
• A qualifications body refuses to allow a girl to undertake a GCSE in woodwork. This |
| |
would be direct discrimination. |
| |
• A visually impaired candidate is granted a modified paper (enlarged font) in order that |
| |
she can read her English GCSE exam. |
| 5 |
• The regulator identifies a maximum percentage of a qualification that qualifications |
| |
bodies are able to exempt. |
| |
• The regulator publishes a requirement on qualifications bodies not to use a specific |
| |
reasonable adjustment, such as a reader in the independent reading element of a GCSE |
| |
| 10 |
Clause 92: Interpretation |
| |
| |
311. This clause explains what is meant by terms used in clause 91. It defines a |
| |
qualifications body as an authority or body which awards a qualification, and sets out what it |
| |
is not. It also defines a qualification as a certificate or endorsement of a set description. |
| 15 |
| |
312. This clause is designed to replicate the effect of provisions in current legislation. |
| |
| |
• Edexcel is an example of a qualifications body. |
| |
• A GCSE is an example of a qualification. |
| 20 |
| |
|
| |
| |
| |
(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) | is not subject to a duty to make reasonable adjustments; |
| 5 |
(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 |
| |
| |
(a) | the desirability of minimising the extent to which disabled persons are |
| 10 |
disadvantaged in attaining the qualification because of their |
| |
| |
(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 |
| |
| 15 |
(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) | must publish matters so specified (including the date from which they |
| 20 |
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) | in relation to a qualifications body that confers qualifications in Wales, |
| 25 |
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 |
| |
Great Britain if there are, or may reasonably be expected to be, persons seeking |
| 30 |
to obtain the qualification who are or will be assessed for those purposes |
| |
wholly or mainly in that part. |
| |
| |
(1) | This section applies for the purposes of section 91. |
| |
(2) | A qualifications body is an authority or body which can confer a relevant |
| 35 |
| |
(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) | in relation to conferments in Wales, by the Welsh Ministers; |
| 40 |
(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; |
| |
| |
|
| |
| |
| |
| |
Clause 93: Reasonable adjustments |
| |
| |
313. This clause introduces the provisions of Schedule 13, concerning the making of |
| |
reasonable adjustments to ensure that disabled pupils are not placed at a substantial |
| 5 |
disadvantage in comparison to non-disabled pupils. These provisions are explained in more |
| |
detail in the notes to that Schedule. |
| |
314. Clause 94: Educational charities and endowments |
| |
| |
314. This clause introduces the provisions of Schedule 14, concerning educational charities |
| 10 |
which restrict benefits to a single sex and provides for such restrictions to be modified. |
| |
| |
Clause 95: Application of this Part |
| |
| |
315. This clause provides that this Part of the Bill, which prohibits discrimination, |
| 15 |
harassment and victimisation by associations, does not make it unlawful for an association to |
| |
discriminate against, harass or victimise people because of marriage or civil partnership. |
| |
316. It also provides that, if an act of discrimination, harassment or victimisation is made |
| |
unlawful by the Parts of the Bill covering services and public functions, premises, work or |
| |
education, then those provisions, rather than the provisions in this Part, apply. |
| 20 |
| |
|
| |
| |
| |
(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) | A reference to conferring a relevant qualification includes a reference— |
| 5 |
(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. |
| |
| 10 |
| |
93 | Reasonable adjustments |
| |
Schedule 13 (reasonable adjustments) has effect. |
| |
94 | Educational charities and endowments |
| |
Schedule 14 (educational charities and endowments) has effect. |
| 15 |
| |
| |
| |
95 | Application of this Part |
| |
(1) | This Part does not apply to the protected characteristic of marriage and civil |
| 20 |
| |
(2) | This Part does not apply to discrimination, harassment or victimisation— |
| |
(a) | that is prohibited by Part 3 (services, etc.), Part 4 (premises), Part 5 |
| |
(work) or Part 6 (education), or |
| |
(b) | that would be so prohibited but for an express exception. |
| 25 |
(3) | For the purposes of subsection (2)(b), section 30(3) is not an express exception. |
| |
| |
|
| |
| |
| |
| |
317. This clause is designed to replicate the position in current legislation. |
| |
Clause 96: Members and associates |
| |
| |
318. This clause makes it unlawful for an association to discriminate against, harass or |
| 5 |
victimise an existing or potential member, or an associate. This means that an association |
| |
cannot refuse membership to a potential member or grant it on less favourable terms because |
| |
of a protected characteristic. It does not, however, prevent associations restricting their |
| |
membership to people who share a protected characteristic (see Schedule 16). It also means |
| |
that an association cannot, among other things, refuse an existing member or associate access |
| 10 |
to a benefit or deprive him or her of membership or rights as an associate respectively because |
| |
of a protected characteristic covered by this Part. |
| |
| |
319. Current legislation provides protection from discrimination, harassment and |
| |
victimisation by associations against existing or potential members and associates because of |
| 15 |
race, disability and sexual orientation. This clause is designed to replicate the effect of the |
| |
provisions in current legislation, and to extend protection to the characteristics of gender, age, |
| |
religion or belief, pregnancy and maternity, and gender reassignment. |
| |
| |
• A gentlemen’s club refuses to accept a person’s application for membership or charges |
| 20 |
them a higher subscription rate because he is Muslim. This would be direct |
| |
| |
• A private members’ golf club, which has members of both sexes, requires its female |
| |
members to play only on certain days while allowing male members to play at all |
| |
times. This would be direct discrimination. |
| 25 |
| |
| |
320. This clause makes it unlawful for an association to discriminate against, harass or |
| |
victimise existing or potential guests. In particular, an association cannot refuse to invite a |
| |
| |
|
| |
| |
| |
| |
96 | Members and associates |
| |
(1) | An association (A) must not discriminate against a person (B)— |
| |
(a) | in the arrangements A makes for deciding who to admit to |
| |
| 5 |
(b) | as to the terms on which A is prepared to admit B to membership; |
| |
(c) | by not accepting B’s application for membership. |
| |
(2) | An association (A) must not discriminate against a member (B)— |
| |
(a) | in the way A affords B access, or by not affording B access, to a benefit, |
| |
| 10 |
(b) | by depriving B of membership; |
| |
(c) | by varying B’s terms of membership; |
| |
(d) | by subjecting B to any other detriment. |
| |
(3) | An association (A) must not discriminate against an associate (B)— |
| |
(a) | in the way A affords B access, or by not affording B access, to a benefit, |
| 15 |
| |
(b) | by depriving B of B’s rights as an associate; |
| |
(c) | by varying B’s rights as an associate; |
| |
(d) | by subjecting B to any other detriment. |
| |
(4) | An association must not harass— |
| 20 |
| |
(b) | a person seeking to become a member; |
| |
| |
(5) | An association (A) must not victimise a person (B)— |
| |
(a) | in the arrangements A makes for deciding who to admit to |
| 25 |
| |
(b) | as to the terms on which A is prepared to admit B to membership; |
| |
(c) | by not accepting B’s application for membership. |
| |
(6) | An association (A) must not victimise a member (B)— |
| |
(a) | in the way A affords B access, or by not affording B access, to a benefit, |
| 30 |
| |
(b) | by depriving B of membership; |
| |
(c) | by varying B’s terms of membership; |
| |
(d) | by subjecting B to any other detriment. |
| |
(7) | An association (A) must not victimise an associate (B)— |
| 35 |
(a) | in the way A affords B access, or by not affording B access, to a benefit, |
| |
| |
(b) | by depriving B of B’s rights as an associate; |
| |
(c) | by varying B’s rights as an associate; |
| |
(d) | by subjecting B to any other detriment. |
| 40 |
| |
(1) | An association (A) must not discriminate against a person (B)— |
| |
| |
|
| |
| |
| |
person as a guest because of a particular characteristic or invite that person on certain |
| |
conditions which the association would not apply to other would-be guests. Equally, a guest |
| |
cannot be refused access to a benefit simply because of a protected characteristic or subject to |
| |
| |
| 5 |
321. Current legislation provides protection to existing and potential guests of associations |
| |
because of disability only. This clause extends similar protection to all protected |
| |
characteristics covered by this Part. |
| |
| |
• An association refuses to invite the disabled wife of a member to attend an annual |
| 10 |
dinner, which is open to all members’ partners, simply because she is a wheelchair |
| |
user. This would be direct discrimination. |
| |
Clause 98: Sections 96 and 97: further provision |
| |
| |
322. This clause imposes on associations the duty to make reasonable adjustments for |
| 15 |
disabled members and guests. |
| |
323. This clause also provides that the Bill does not prohibit harassment of members, |
| |
potential members, associates, guests and potential guests because of religion or belief or |
| |
| |
Clause 99: Selection of candidates |
| 20 |
| |
324. This clause allows registered political parties to make arrangements in relation to the |
| |
selection of election candidates to address the under-representation of people with particular |
| |
protected characteristics in elected bodies. |
| |
325. These arrangements include single-sex shortlists for election candidates, but not |
| 25 |
shortlists restricted to people with other protected characteristics. |
| |
| |
|
