(135-141)

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

(135-141)

Schedule 13 — Education: reasonable adjustments

Schedule 14: Educational charities and endowments
Educational charities: paragraph 1
Effect
857. This paragraph provides for trust deeds or other instruments concerning educational
charities which restrict available benefits to a single sex, to be modified by a Minister of the
Crown. This cannot be done within 25 years of the trust being created without the consent of
the donor, or the donor’s or testator’s personal representatives. Applicants need to publish
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Schedule 14 — Educational charities and endowments

      (4)
In relation to each requirement, the relevant matter is A’s arrangements for
providing the recreational or training facilities.
Code of practice
7
In deciding whether it is reasonable for A to have to take a step for the
purpose of complying with the first, second or third requirement, A must
have regard to relevant provisions of a code of practice issued under section
14 of the Equality Act 2006.
Confidentiality requests
8     (1)
This paragraph applies if a person has made a confidentiality request of
which A is aware.
      (2)
In deciding whether it is reasonable for A to have to take a step in relation to
that person so as to comply with the first, second or third requirement, A
must have regard to the extent to which taking the step is consistent with the
request.
      (3)
In a case within paragraph 2, a “confidentiality request” is a request—
(a)
that the nature or existence of a disabled person’s disability be
treated as confidential, and
(b)
which satisfies either of the following conditions.
      (4)
The first condition is that the request is made by the person’s parent.
      (5)
The second condition is that—
(a)
it is made by the person, and
(b)
A reasonably believes that the person has sufficient understanding
of the nature and effect of the request.
      (6)
In a case within paragraph 3, a “confidentiality request” is a request by a
disabled person that the nature or existence of the person’s disability be
treated as confidential.
The duty for general qualifications bodies
9     (1)
This paragraph applies where A is a qualifications body for the purposes of
section 91.
      (2)
Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a
qualifications body as they apply to a responsible body.
      (3)
This paragraph is subject to section 91(7).
Schedule 14
Section 94

Educational charities and endowments
Educational charities
1     (1)
This paragraph applies to a trust deed or other instrument—
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Schedule 14 — Educational charities and endowments

particulars of the proposal and invite representations for the Minister to consider before
making the order.
Background
858. This paragraph replicates provisions in section 78 of the Sex Discrimination Act 1975.
It is likely to happen when a single sex school becomes co-educational, and so wants to enable
both sexes to benefit from a particular charity connected with the school.
Example
• A single-sex (boys’) Grammar School now allows girls into its sixth form and wishes
to modify a trust deed which offers scholarships and help with tuition for boys of the
school wanting to go to university – so that it can also offer help to girls.
Endowments: paragraph 2
Effect
859. A similar power to that in paragraph 1 is given to the Scottish Ministers to modify
educational endowments administered in Scotland.
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Schedule 14 — Educational charities and endowments

(a)
which concerns property applicable for or in connection with the
provision of education in an establishment in England and Wales to
which section 80 or 86 applies, and
(b)
which in any way restricts the benefits available under the
instrument to persons of one sex.
      (2)
Sub-paragraph (3) applies if, on the application of the trustees or the
responsible body (within the meaning of that section), a Minister of the
Crown is satisfied that the removal or modification of the restriction would
be conducive to the advancement of education without sex discrimination.
      (3)
The Minister may by order make such modifications of the instrument as
appear to the Minister expedient for removing or modifying the restriction.
      (4)
If the trust was created by a gift or bequest, an order must not be made until
the end of the period of 25 years after the date when the gift or bequest took
effect.
      (5)
Sub-paragraph (4) does not apply if the donor or the personal
representatives of the donor or testator consent in writing to making the
application for the order.
      (6)
The Minister must require the applicant to publish a notice—
(a)
containing particulars of the proposed order;
(b)
stating that representations may be made to the Minister within a
period specified in the notice.
      (7)
The period must be not less than one month beginning with the day after the
date of the notice.
      (8)
The applicant must publish the notice in the manner specified by the
Minister.
      (9)
The cost of publication may be paid out of the property of the trust.
     (10)
Before making the order, the Minister must take account of representations
made in accordance with the notice.
Educational endowments
2     (1)
This paragraph applies to an educational endowment—
(a)
to which section 104 of the Education (Scotland) Act 1980 applies,
and
(b)
which in any way restricts the benefit of the endowment to persons
of one sex.
      (2)
Sub-paragraph (3) applies if, on the application of the governing body of an
educational endowment, the Scottish Ministers are satisfied that the removal
or modification of the provision which restricts the benefit of the
endowment to persons of one sex would be conducive to the advancement
of education without sex discrimination.
      (3)
The Scottish Ministers may by order make such provision as they think
expedient for removing or modifying the restriction.
      (4)
If the Scottish Ministers propose to make such an order they must publish a
notice in such manner as they think sufficient for giving information to
persons they think may be interested in the endowment—
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Schedule 14 — Educational charities and endowments

Schedule 15: Associations: reasonable adjustments
Effect
860. This Schedule explains how the duty to make reasonable adjustments in clause 19
applies to associations. Paragraph 2 explains that the duty applies in respect of disabled
members and guests including prospective members and guests and that the association must
comply with all three reasonable adjustment requirements. It describes the types of
adjustments an association must make, stipulates what the duty does not require and provides
further information on the meaning of “physical features”.
861. Background
861. This Schedule is designed to replicate the effect of similar provisions in the Disability
Discrimination Act 1995.
Examples
• A private club with 30 members usually holds its annual dinner upstairs in a local
restaurant. However, as there is no lift, the room is not accessible to two new disabled
members who have severe difficulty in climbing stairs. Under the duty the club would
need to think about changing the venue to a downstairs room to accommodate the new
members. This is likely to be a reasonable adjustment for the club to make.
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Schedule 15 — Associations: reasonable adjustments

(a)
containing particulars of the proposed order;
(b)
stating that representations may be made with respect to the
proposal within such period as is specified in the notice.
      (5)
The period must be not less than one month beginning with the day after the
date of publication of the notice.
      (6)
The cost of publication is to be paid out of the funds of the endowment to
which the notice relates.
      (7)
Before making an order, the Scottish Ministers—
(a)
must consider representations made in accordance with the notice;
(b)
may cause a local inquiry to be held into the representations under
section 67 of the Education (Scotland) Act 1980.
      (8)
A reference to an educational endowment includes a reference to—
(a)
a scheme made or approved for the endowment under Part 6 of the
Education (Scotland) Act 1980;
(b)
in the case of an endowment the governing body of which is entered
in the Scottish Charity Register, a scheme approved for the
endowment under section 39 or 40 of the Charities and Trustee
Investment (Scotland) Act 2005 (asp 10);
(c)
an endowment which is, by virtue of section 108(1) of the Education
(Scotland) Act 1980, treated as if it were an educational endowment
(or which would, but for the disapplication of that section by section
122(4) of that Act, be so treated);
(d)
a university endowment, the Carnegie Trust, a theological
endowment and a new endowment.
      (9)
Expressions used in this paragraph and in Part 6 of the Education (Scotland)
Act 1980 have the same meaning in this paragraph as in that Part.
Schedule 15
Section 101

Associations: reasonable adjustments
Preliminary
1
This Schedule applies where a duty to make reasonable adjustments is
imposed on an association (A) by this Part.
The duty
2     (1)
A must comply with the first, second and third requirements.
      (2)
For the purposes of this paragraph, the reference in section 19(3), (4) or (5) to
a disabled person is a reference to disabled persons who are members,
associates or guests.
      (3)
In relation to the first and third requirements, the relevant matters are—
(a)
access to a benefit, facility or service;
(b)
members’ or associates’ retaining their rights as such or avoiding
having them varied;
(c)
being admitted to membership or invited as a guest.
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Schedule 15 — Associations: reasonable adjustments

• A club has members who cannot read standard print. Under the duty it would need to
think about providing information in large print and on audio tape for them. These are
likely to be reasonable adjustments for the club to make.
Schedule 16: Associations: exceptions
862. Schedule 16 contains exceptions from the association provisions in Part 7 of the Bill.
Single characteristic associations: paragraph 1
Effect
863. This paragraph allows an association whose main purpose is to bring together people
who share a particular characteristic (such as a particular nationality, sexual orientation or a
particular disability) to continue to restrict membership to such people, and impose similar
restrictions on those who can exercise the rights of an associate, or who can be invited as
guests.
864. It is however unlawful for an association to restrict its membership to people of a
particular colour.
Background
865. An exception for associations which bring together people who share a particular
protected characteristic is provided in current legislation in relation to race or sexual
orientation. This exception will be extended to cover all of the protected characteristics in line
with the prohibition on discrimination.
Example
• A club for deaf people can restrict membership to people who are deaf and would not
need to admit people with other disabilities, such as a blind person.
Health and safety: paragraph 2
Effect
866. This paragraph is designed to ensure that it is not unlawful for an association to treat a
pregnant woman differently in the terms on which she is admitted as a member or is given
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