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(4) | In relation to each requirement, the relevant matter is A’s arrangements for |
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providing the recreational or training facilities. |
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7 | In deciding whether it is reasonable for A to have to take a step for the |
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purpose of complying with the first, second or third requirement, A must |
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have regard to relevant provisions of a code of practice issued under section |
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14 of the Equality Act 2006. |
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8 (1) | This paragraph applies if a person has made a confidentiality request of |
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(2) | In deciding whether it is reasonable for A to have to take a step in relation to |
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that person so as to comply with the first, second or third requirement, A |
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must have regard to the extent to which taking the step is consistent with the |
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(3) | In a case within paragraph 2, a “confidentiality request” is a request— |
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(a) | that the nature or existence of a disabled person’s disability be |
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treated as confidential, and |
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(b) | which satisfies either of the following conditions. |
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(4) | The first condition is that the request is made by the person’s parent. |
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(5) | The second condition is that— |
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(a) | it is made by the person, and |
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(b) | A reasonably believes that the person has sufficient understanding |
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of the nature and effect of the request. |
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(6) | In a case within paragraph 3, a “confidentiality request” is a request by a |
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disabled person that the nature or existence of the person’s disability be |
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The duty for general qualifications bodies |
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9 (1) | This paragraph applies where A is a qualifications body for the purposes of |
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(2) | Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a |
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qualifications body as they apply to a responsible body. |
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(3) | This paragraph is subject to section 91(7). |
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Educational charities and endowments |
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1 (1) | This paragraph applies to a trust deed or other instrument— |
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particulars of the proposal and invite representations for the Minister to consider before |
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858. This paragraph replicates provisions in section 78 of the Sex Discrimination Act 1975. |
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It is likely to happen when a single sex school becomes co-educational, and so wants to enable |
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both sexes to benefit from a particular charity connected with the school. |
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• A single-sex (boys’) Grammar School now allows girls into its sixth form and wishes |
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to modify a trust deed which offers scholarships and help with tuition for boys of the |
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school wanting to go to university – so that it can also offer help to girls. |
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859. A similar power to that in paragraph 1 is given to the Scottish Ministers to modify |
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educational endowments administered in Scotland. |
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(a) | which concerns property applicable for or in connection with the |
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provision of education in an establishment in England and Wales to |
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which section 80 or 86 applies, and |
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(b) | which in any way restricts the benefits available under the |
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instrument to persons of one sex. |
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(2) | Sub-paragraph (3) applies if, on the application of the trustees or the |
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responsible body (within the meaning of that section), a Minister of the |
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Crown is satisfied that the removal or modification of the restriction would |
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be conducive to the advancement of education without sex discrimination. |
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(3) | The Minister may by order make such modifications of the instrument as |
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appear to the Minister expedient for removing or modifying the restriction. |
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(4) | If the trust was created by a gift or bequest, an order must not be made until |
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the end of the period of 25 years after the date when the gift or bequest took |
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(5) | Sub-paragraph (4) does not apply if the donor or the personal |
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representatives of the donor or testator consent in writing to making the |
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application for the order. |
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(6) | The Minister must require the applicant to publish a notice— |
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(a) | containing particulars of the proposed order; |
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(b) | stating that representations may be made to the Minister within a |
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period specified in the notice. |
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(7) | The period must be not less than one month beginning with the day after the |
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(8) | The applicant must publish the notice in the manner specified by the |
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(9) | The cost of publication may be paid out of the property of the trust. |
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(10) | Before making the order, the Minister must take account of representations |
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made in accordance with the notice. |
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2 (1) | This paragraph applies to an educational endowment— |
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(a) | to which section 104 of the Education (Scotland) Act 1980 applies, |
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(b) | which in any way restricts the benefit of the endowment to persons |
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(2) | Sub-paragraph (3) applies if, on the application of the governing body of an |
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educational endowment, the Scottish Ministers are satisfied that the removal |
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or modification of the provision which restricts the benefit of the |
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endowment to persons of one sex would be conducive to the advancement |
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of education without sex discrimination. |
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(3) | The Scottish Ministers may by order make such provision as they think |
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expedient for removing or modifying the restriction. |
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(4) | If the Scottish Ministers propose to make such an order they must publish a |
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notice in such manner as they think sufficient for giving information to |
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persons they think may be interested in the endowment— |
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Schedule 15: Associations: reasonable adjustments |
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860. This Schedule explains how the duty to make reasonable adjustments in clause 19 |
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applies to associations. Paragraph 2 explains that the duty applies in respect of disabled |
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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 |
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adjustments an association must make, stipulates what the duty does not require and provides |
| |
further information on the meaning of “physical features”. |
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861. This Schedule is designed to replicate the effect of similar provisions in the Disability |
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• A private club with 30 members usually holds its annual dinner upstairs in a local |
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restaurant. However, as there is no lift, the room is not accessible to two new disabled |
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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 |
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members. This is likely to be a reasonable adjustment for the club to make. |
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(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. |
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Associations: reasonable adjustments |
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1 | This Schedule applies where a duty to make reasonable adjustments is |
| |
imposed on an association (A) by this Part. |
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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, |
| |
| |
(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 |
| |
| |
(c) | being admitted to membership or invited as a guest. |
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|
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|
• 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 |
| |
| |
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 |
| |
| |
864. It is however unlawful for an association to restrict its membership to people of a |
| |
| |
| |
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. |
| |
| |
• 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 |
| |
| |
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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|