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(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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