(128-134)

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

(128-134)

Schedule 12 — Further and higher education exceptions
Part 2 — Other exceptions

      (4)
The responsible body of an institution does not contravene this Act, so far as
relating to sex discrimination, if —
(a)
in accordance with a transitional exemption order, or
(b)
pending the determination of an application for a transitional
exemption order in relation to the institution,

it does not admit a person as a student because of the person’s sex.
      (5)
The responsible body of an institution does not contravene this Act, so far as
relating to sex discrimination, if —
(a)
in accordance with a transitional exemption order, or
(b)
pending the determination of an application for a transitional
exemption order in relation to the institution,

it discriminates in the arrangements it makes for deciding who is offered
admission as a student.
3     (1)
In the case of a single-sex institution—
(a)
its responsible body may submit to the Commission an application
for the making of a transitional exemption order, and
(b)
the Commission may make the order.
      (2)
An application under sub-paragraph (1) must specify—
(a)
the period proposed by the responsible body as the transitional
period to be specified in the order;
(b)
the stages, within that period, by which the body proposes to move
to the position where section 86(1)(a) and (c), so far as relating to sex,
is complied with, and
(c)
any other matters relevant to the terms and operation of the order
applied for.
      (3)
The Commission must not make an order on an application under sub-
paragraph (1) unless satisfied that the terms of the application are
reasonable, having regard to—
(a)
the nature of the institution’s premises;
(b)
the accommodation, equipment and facilities available, and
(c)
the responsible body’s financial resources.
Part 2
Other exceptions
Occupational requirements
4
A person (P) does not contravene section 86(1) or (2) if P shows that P’s
treatment of another person relates only to training that would help fit that
other person for work the offer of which the other person could be refused
in reliance on Part 1 of Schedule 9.
Institutions with a religious ethos
5     (1)
The responsible body of an institution which is designated for the purposes
of this paragraph does not contravene section 86(1), so far as relating to
religion or belief, if, in the admission of students to a course at the
institution—
(a)
it gives preference to persons of a particular religion or belief,
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Schedule 12 — Further and higher education exceptions
Part 2 — Other exceptions

Institutions with a religious ethos: paragraph 5
Effect
841. This paragraph confers on a Minister of the Crown a power to designate an institution
if the Minister is satisfied the institution has as religious ethos. If an institution is designated it
may admit students that share the relevant religion or belief to those that do not, but only in
relation to admissions to courses which do not constitute vocational training.
Background
842. This is designed to enable the current position under an exception in the Employment
Equality (Religion or Belief) Regulations 2003 to be maintained. Schedule 1B of those
Regulations modifies the prohibition on discrimination for a small number of sixth form
colleges with a religious ethos. The intention is that this power will be used to designate those
colleges.
Benefits dependent on marital status: paragraph 6
Effect
843. A higher or further education institution which confines any benefit, facility or service
– such as access to residential accommodation – to married people and civil partners will not
be discriminating on grounds of sexual orientation against people who are unmarried or not in
a civil partnership.
Background
844. This is designed to replicate the effect of a provision in the Employment Equality
(Sexual Orientation) Regulations [2003] so far as it relates to higher or further education
institutions.
Child care: paragraph 7
Effect
845. This paragraph provides that a higher or further education institution is permitted to
provide, or make arrangements for, or facilitates, care for the children of students which is
confined to children of a particular age group. This includes all kinds of assistance with child
care including paying for or subsidising it, or enabling parents to spend more time caring for
the child.
Background
846. The Bill will make it unlawful for higher or further education institutions to
discriminate on the grounds of the age of a person with whom a student is associated, and not
the student’s own age. The exception makes it clear that where child care for students’
children who are aged 16 or under is concerned, it is not unlawful for this to be based on the
age of the child.
Example
• If a college provides a crèche for the pre-school children of students, this will not be
unlawful age association discrimination against a student who is the parent of an older
child. The college will not have to demonstrate that the provision and the age limits are
objectively justified.
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Schedule 12 — Further and higher education exceptions
Part 2 — Other exceptions

(b)
it does so to preserve the institution’s religious ethos, and
(c)
the course is not a course of vocational training.
      (2)
A Minister of the Crown may by order designate an institution if satisfied
that the institution has a religious ethos.
Benefits dependent on marital status, etc.
6
A person does not contravene section 86, so far as relating to sexual
orientation, by providing married persons and civil partners (to the
exclusion of all other persons) with access to a benefit, facility or service.
Child care
7     (1)
A person does not contravene section 86(2)(b) or (d), so far as relating to age,
only by providing, or making arrangements for or facilitating the provision
of, care for children of a particular age group.
      (2)
Facilitating the provision of care for a child includes—
(a)
paying for some or all of the cost of the provision;
(b)
helping a parent of the child to find a suitable person to provide care
for the child;
(c)
enabling a parent of the child to spend more time providing care for
the child or otherwise assisting the parent with respect to the care
that the parent provides for the child.
      (3)
A child is a person who has not attained the age of 17.
      (4)
A reference to care includes a reference to supervision.
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Schedule 12 — Further and higher education exceptions
Part 2 — Other exceptions

Schedule 13: Reasonable adjustments for disabled pupils
847. This Schedule provides for reasonable adjustments to be made by educational bodies.
Effect
848. Paragraph 2 requires schools to comply with requirements to take reasonable steps to
ensure that any provisions, criteria or practices do not place disabled pupils at a substantial
disadvantage in comparison to non-disabled pupils in relation to admissions and provisions of
education and access to benefits, facilities and services.
849. Paragraph 3 requires higher or further education institutions in relation to admissions,
education, access to benefits, facilities and services, and the conferring of qualifications to
comply with requirements to take reasonable steps to:
• ensure that any provisions, criteria or practices do not place disabled students at a
substantial disadvantage in comparison with non-disabled students;
• take reasonable steps to change physical features which place disabled students at a
disadvantage;
850. Paragraph 4 defines who is an “interested disabled person”, in relation to conferment
of qualifications. It also sets out that a provision, criteria or practice does not include an
application of a competence standard, which is also defined.
851. Paragraph 5 requires local authorities and maintained schools who are providing
higher education or further education to take reasonable steps to ensure that any provisions,
criteria or practices do not place disabled persons at a substantial disadvantage in relation to
enrolling persons on courses of further or higher education, and to services provided once
enrolled.
852. Paragraph 6 requires local authorities providing recreational or training facilities to
take reasonable steps to ensure that any provisions, criteria or practices do not place disabled
persons at a substantial disadvantage in relation to their arrangements for providing
recreational or training facilities.
853. Paragraph 7 requires educational institutions to consider the relevant code of practice
produced by the Equality and Human Rights Commission when determining reasonable steps.
854. Paragraph 8 requires that, when making any reasonable adjustment for a particular
person, the educational institution needs to consider any request made by that person to keep
the nature and existence of that person’s disability confidential.
855. Paragraph 9 sets out that qualifications bodies must take reasonable steps to
• ensure that any provision criterion or practice does not place disabled persons at a
substantial disadvantage
• change physical features which put disabled candidates at a substantial disadvantage,
and
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Schedule 13 — Education: reasonable adjustments

Schedule 13
Section 93

Education: reasonable adjustments
Preliminary
1
This Schedule applies where a duty to make reasonable adjustments is
imposed on A by this Part.
The duty for schools
2     (1)
This paragraph applies where A is the responsible body of a school to which
section 80 applies.
      (2)
A must comply with the first requirement.
      (3)
For the purposes of this paragraph, the reference in section 19(3) to a
provision, criterion or practice is a reference to a provision, criterion or
practice applied by or on behalf of A.
      (4)
In relation to the requirement, the relevant matters are—
(a)
deciding who is offered admission as a pupil;
(b)
provision of education or access to a benefit, facility or service.
The duty for further or higher education institutions
3     (1)
This paragraph applies where A is the responsible body of an institution to
which section 86 applies.
      (2)
A must comply with the first, second and third requirements.
      (3)
For the purposes of this paragraph—
(a)
the reference in section 19(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
of A;
(b)
the reference in section 19(4) to a physical feature is a reference to a
physical feature of premises occupied by A;
(c)
the reference in section 19(3), (4) or (5) to a disabled person is, in
relation to a relevant matter within sub-paragraph (4)(d) or (e)
below, a reference to an interested disabled person.
      (4)
In relation to each requirement, the relevant matters are—
(a)
deciding who is offered admission as a student;
(b)
provision of education;
(c)
access to a benefit, facility or service;
(d)
deciding on whom a qualification is conferred;
(e)
a qualification that A confers.
4     (1)
An interested disabled person is a disabled person who, in relation to a
relevant matter specified in the first column of the table, is of a description
specified in the second column.
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Schedule 13 — Education: reasonable adjustments

• provide auxiliary aids to disabled candidates that are at a substantial disadvantage in
the conferring of qualifications.
Background
856. These provisions are designed to replicate the effect of provisions in the Disability
Discrimination Act 1995.
Examples
• A school with a number of disabled pupils could negotiate special arrangements for
pupils who are taking exams.
• A school could provide Braille texts to a blind pupil at the start of lessons so they have
access to the same information as other pupils.
• A university has a revolving door which causes some problems for disabled pupils and
under these duties it may be reasonable for them to replace the door with a sliding one.
• To ensure that a pupil who needs a wheelchair is not disadvantaged by being left out
of PE lessons, a school consults a physiotherapist and devises special activities for the
pupil to carry out in P.E.
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Schedule 13 — Education: reasonable adjustments

Case
Description of disabled person

Deciding on whom to confer a
A person who is, or has notified A that

qualification.
the person may be, an applicant for the

conferment of the qualification.

A qualification that A confers.
An applicant for the conferment by A

of the qualification.

A person on whom A confers the

qualification.

      (2)
A provision, criterion or practice does not include the application of a
competence standard.
      (3)
A competence standard is an academic, medical or other standard applied
for the purpose of determining whether or not a person has a particular level
of competence or ability.
The duty relating to certain other further or higher education courses
5     (1)
This paragraph applies where A is the responsible body in relation to a
course to which section 87 applies.
      (2)
A must comply with the first, second and third requirements; but if A is the
governing body of a maintained school (within the meaning given by that
section), A is not required to comply with the second or third requirement.
      (3)
For the purposes of this paragraph—
(a)
the reference in section 19(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
of A;
(b)
the reference in section 19(4) to a physical feature is a reference to a
physical feature of premises occupied by A.
      (4)
In relation to each requirement, the relevant matters are—
(a)
arrangements for enrolling persons on a course of further or higher
education secured by A;
(b)
services provided by A for persons enrolled on the course.
The duty relating to recreational or training facilities
6     (1)
This paragraph applies where A is the responsible body in relation to
facilities to which section 88 applies.
      (2)
A must comply with the first, second and third requirements.
      (3)
For the purposes of this paragraph—
(a)
the reference in section 19(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
of A;
(b)
the reference in section 19(4) to a physical feature is a reference to a
physical feature of premises occupied by A.
204