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Equality Bill


 

Equality Bill
Part 6 — Education
Chapter 3 — General qualifications bodies

 
 

Examples

• 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.

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• 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

English exam.

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Clause 92: Interpretation

Effect

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.

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Background

312. This clause is designed to replicate the effect of provisions in current legislation.

Examples

• Edexcel is an example of a qualifications body.

• A GCSE is an example of a qualification.

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E69


 

Equality Bill
Part 6 — Education
Chapter 3 — General qualifications bodies

 
 

(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;

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(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)   

the desirability of minimising the extent to which disabled persons are

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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

conferred;

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(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

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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,

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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

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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)   

A qualifications body is an authority or body which can confer a relevant

35

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)   

in relation to conferments in Wales, by the Welsh Ministers;

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(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;

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Equality Bill
Part 6 — Education
Chapter 3 — General qualifications bodies

 
 

Chapter 4: Miscellaneous

Clause 93: Reasonable adjustments

Effect

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

Effect

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.

PART 7: ASSOCIATIONS

Clause 95: Application of this Part

Effect

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.

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E70


 

Equality Bill
Part 7 — Associations

 
 

(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.

Chapter 4

10

Miscellaneous

93      

Reasonable adjustments

Schedule 13 (reasonable adjustments) has effect.

94      

Educational charities and endowments

Schedule 14 (educational charities and endowments) has effect.

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Part 7

Associations

Preliminary

95      

Application of this Part

(1)   

This Part does not apply to the protected characteristic of marriage and civil

20

partnership.

(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.

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(3)   

For the purposes of subsection (2)(b), section 30(3) is not an express exception.

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Equality Bill
Part 7 — Associations

 
 

Background

317. This clause is designed to replicate the position in current legislation.

Clause 96: Members and associates

Effect

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.

Background

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.

Examples

• A gentlemen’s club refuses to accept a person’s application for membership or charges

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them a higher subscription rate because he is Muslim. This would be direct

discrimination.

• 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.

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Clause 97: Guests

Effect

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

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Equality Bill
Part 7 — Associations

 
 

Membership, etc.

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

membership;

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,

facility or service;

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(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,

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facility or service;

(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—

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(a)   

a member;

(b)   

a person seeking to become a member;

(c)   

an associate.

(5)   

An association (A) must not victimise a person (B)—

(a)   

in the arrangements A makes for deciding who to admit to

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membership;

(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,

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facility or service;

(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)—

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(a)   

in the way A affords B access, or by not affording B access, to a benefit,

facility or service;

(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.

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97      

Guests

(1)   

An association (A) must not discriminate against a person (B)—

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Equality Bill
Part 7 — Associations

 
 

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

any other detriment.

Background

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.

Example

• An association refuses to invite the disabled wife of a member to attend an annual

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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

Effect

322. This clause imposes on associations the duty to make reasonable adjustments for

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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

sexual orientation.

Clause 99: Selection of candidates

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Effect

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

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shortlists restricted to people with other protected characteristics.

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