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(4) | The responsible body of an institution does not contravene this Act, so far as |
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relating to sex discrimination, if — |
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(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 |
| |
| |
3 (1) | In the case of a single-sex institution— |
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(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, |
| |
| |
(c) | any other matters relevant to the terms and operation of the order |
| |
| |
(3) | The Commission must not make an order on an application under sub- |
| |
paragraph (1) unless satisfied that the terms of the application are |
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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. |
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| |
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Occupational requirements |
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4 | A person (P) does not contravene section 86(1) or (2) if P shows that P’s |
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treatment of another person relates only to training that would help fit that |
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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 |
| |
| |
(a) | it gives preference to persons of a particular religion or belief, |
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Institutions with a religious ethos: paragraph 5 |
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841. This paragraph confers on a Minister of the Crown a power to designate an institution |
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if the Minister is satisfied the institution has as religious ethos. If an institution is designated it |
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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. |
| |
| |
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 |
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Benefits dependent on marital status: paragraph 6 |
| |
| |
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 |
| |
| |
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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 |
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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 |
| |
| |
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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’ |
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children who are aged 16 or under is concerned, it is not unlawful for this to be based on the |
| |
| |
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• 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 |
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child. The college will not have to demonstrate that the provision and the age limits are |
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|
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|
(b) | it does so to preserve the institution’s religious ethos, and |
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(c) | the course is not a course of vocational training. |
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(2) | A Minister of the Crown may by order designate an institution if satisfied |
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that the institution has a religious ethos. |
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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. |
| |
| |
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 |
| |
| |
(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 13: Reasonable adjustments for disabled pupils |
| |
847. This Schedule provides for reasonable adjustments to be made by educational bodies. |
| |
| |
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 |
| |
| |
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 |
| |
| |
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 |
| |
| |
• change physical features which put disabled candidates at a substantial disadvantage, |
| |
| |
| |
|
|
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|
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Education: reasonable adjustments |
| |
| |
1 | This Schedule applies where a duty to make reasonable adjustments is |
| |
imposed on A by this Part. |
| |
| |
2 (1) | This paragraph applies where A is the responsible body of a school to which |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
|
|
| |
|
• provide auxiliary aids to disabled candidates that are at a substantial disadvantage in |
| |
the conferring of qualifications. |
| |
| |
856. These provisions are designed to replicate the effect of provisions in the Disability |
| |
| |
| |
• 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. |
| |
| |
|
|
| |
|
| | Description of disabled person |
| | | | Deciding on whom to confer a |
| A person who is, or has notified A that |
| | | | | the person may be, an applicant for the |
| | | | | conferment of the qualification. |
| | | | A qualification that A confers. |
| An applicant for the conferment by A |
| | | | | | | | | | | | | | | A person on whom A confers the |
| | | | | | | |
|
(2) | A provision, criterion or practice does not include the application of a |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(b) | the reference in section 19(4) to a physical feature is a reference to a |
| |
physical feature of premises occupied by A. |
| |
| |
|