|
| |
| |
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(4) | In relation to the second requirement, the relevant matter is access to a |
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benefit, facility or service. |
| |
(5) | In relation to the second requirement, a physical feature includes a physical |
| |
feature brought by or on behalf of A, in the course of or for the purpose of |
| |
providing a benefit, facility or service, on to premises other than those that |
| |
A occupies (as well as including a physical feature in or on premises that A |
| |
| |
(6) | Nothing in this paragraph requires A to take a step which would |
| |
| |
(a) | the nature of the benefit, facility or service concerned, or |
| |
(b) | the nature of the association. |
| |
(7) | Nor does anything in this paragraph require a member or associate in whose |
| |
house meetings of the association take place to make adjustments to a |
| |
physical feature of the house. |
| |
| |
| |
| |
Single characteristic associations |
| |
1 (1) | An association does not contravene section 96(1) by restricting membership |
| |
to persons who share a protected characteristic. |
| |
(2) | An association that restricts membership to persons who share a protected |
| |
characteristic does not breach section 96(3) by restricting the access by |
| |
associates to a benefit, facility or service to such persons as share the |
| |
| |
(3) | An association that restricts membership to persons who share a protected |
| |
characteristic does not breach section 97(1) by inviting as guests, or by |
| |
permitting to be invited as guests, only such persons as share the |
| |
| |
(4) | Sub-paragraphs (1) to (3), so far as relating to race, do not apply in relation |
| |
| |
(5) | This paragraph does not apply to an association that is a registered political |
| |
| |
| |
2 (1) | An association (A) does not discriminate against a pregnant woman in |
| |
contravention of section 96(1)(b) because she is pregnant if— |
| |
(a) | the terms on which A is prepared to admit her to membership |
| |
include a term intended to remove or reduce a risk to her health or |
| |
| |
(b) | A reasonably believes that admitting her to membership on terms |
| |
which do not include that term would create a risk to her health or |
| |
| |
| |
|
| |
| |
| |
(c) | the terms on which A is prepared to admit persons with other |
| |
physical conditions to membership include a term intended to |
| |
remove or reduce a risk to their health or safety, and |
| |
(d) | A reasonably believes that admitting them to membership on terms |
| |
which do not include that term would create a risk to their health or |
| |
| |
(2) | Sub-paragraph (1) applies to section 97(1)(b) as it applies to section 96(1)(b); |
| |
and for that purpose a reference to admitting a person to membership is to |
| |
be read as a reference to inviting the person as a guest or permitting the |
| |
person to be invited as a guest. |
| |
(3) | An association (A) does not discriminate against a pregnant woman in |
| |
contravention of section 96(2)(a) or (3)(a) or 97(2)(a) because she is pregnant |
| |
| |
(a) | the way in which A affords her access to a benefit, facility or service |
| |
is intended to remove or reduce a risk to her health or safety, |
| |
(b) | A reasonably believes that affording her access to the benefit, facility |
| |
or service otherwise than in that way would create a risk to her |
| |
| |
(c) | A affords persons with other physical conditions access to the |
| |
benefit, facility or service in a way that is intended to remove or |
| |
reduce a risk to their health or safety, and |
| |
(d) | A reasonably believes that affording them access to the benefit, |
| |
facility or service otherwise than in that way would create a risk to |
| |
| |
(4) | An association (A) which does not afford a pregnant woman access to a |
| |
benefit, facility or service does not discriminate against her in contravention |
| |
of section 96(2)(a) or (3)(a) or 97(2)(a) because she is pregnant if— |
| |
(a) | A reasonably believes that affording her access to the benefit, facility |
| |
or service would, because she is pregnant, create a risk to her health |
| |
| |
(b) | A does not afford persons with other physical conditions access to |
| |
the benefit, facility or service, and |
| |
(c) | the reason for not doing so is that A reasonably believes that |
| |
affording them access to the benefit, facility or service would create |
| |
a risk to their health or safety. |
| |
(5) | An association (A) does not discriminate against a pregnant woman under |
| |
section 96(2)(c) or (3)(c) because she is pregnant if— |
| |
(a) | the variation of A’s terms of membership, or rights as an associate, is |
| |
intended to remove or reduce a risk to her health or safety, |
| |
(b) | A reasonably believes that not making the variation to A’s terms or |
| |
rights would create a risk to her health or safety, |
| |
(c) | A varies the terms of membership, or rights as an associate, of |
| |
persons with other physical conditions, |
| |
(d) | the variation of their terms or rights is intended to remove or reduce |
| |
a risk to their health or safety, and |
| |
(e) | A reasonably believes that not making the variation to their terms or |
| |
rights would create a risk to their health or safety. |
| |
| |
|
| |
| |
| |
Schedule 17: Disabled pupils: enforcement |
| |
| |
868. This Schedule sets out the arrangements for making disability, discrimination claims |
| |
in respect of school pupils. |
| |
| |
Jurisdiction: paragraph 3 |
| |
869. Disability discrimination claims in respect of school pupils are made to the First-tier |
| |
Tribunal in England and to the Special Educational Needs Tribunal in Wales, unless they are in |
| |
relation to admissions or exclusions. Claims are brought by the child’s parent. |
| |
Time for bringing proceedings: paragraph 4 |
| |
870. Claims need to be made within six months of conduct commencing. This period can |
| |
be extended to nine months if the Equality and Human Rights Commission makes |
| |
arrangements for conciliation in respect of disputes. In addition, Tribunals could consider |
| |
cases beyond this time limit. |
| |
| |
871. If a Tribunal finds that a school has discriminated against a pupil, it can make any |
| |
orders it sees fit, particularly in order to remove or reduce the problem. However, it may not |
| |
award the payment of compensation. |
| |
| |
872. The Welsh Ministers are given powers to make regulations to govern the procedure of |
| |
claims heard by the Welsh Tribunal. |
| |
Part 3: Tribunals in Scotland |
| |
873. In Scotland the power to make procedural rules for the hearing of disability |
| |
discrimination claims by the Additional Support Needs Tribunals for Scotland will be |
| |
exercised by the Scottish Ministers. |
| |
874. Part 4: Admissions and exclusions |
| |
874. If the disability discrimination claim made is in respect of admissions to, or permanent |
| |
exclusion from, a maintained school or an Academy, then the claim will be brought under |
| |
independent education appeals panel arrangements as set out in education legislation, rather |
| |
than going to the Tribunals. |
| |
| |
875. This provision is designed to replicate the provisions in the Disability Discrimination |
| |
| |
| |
|
| |
| |
| |
| |
| |
Disabled pupils: enforcement |
| |
| |
| |
| |
| |
(a) | in relation to a school in England, the First-tier Tribunal; |
| |
(b) | in relation to a school in Wales, the Special Educational |
| |
Needs Tribunal for Wales; |
| |
(c) | in relation to a school in Scotland, an Additional Support |
| |
Needs Tribunal for Scotland; |
| |
“the English Tribunal” means the First-tier Tribunal; |
| |
“the Welsh Tribunal” means the Special Educational Needs Tribunal |
| |
| |
“the Scottish Tribunal” means an Additional Support Needs Tribunal |
| |
| |
“responsible body” is to be construed in accordance with section 80. |
| |
| |
Tribunals in England and Wales |
| |
| |
2 | This Part applies in relation to the English Tribunal and the Welsh Tribunal. |
| |
| |
3 | A claim that a responsible body has contravened Chapter 1 of Part 6 because |
| |
of a person’s disability may be made to the Tribunal by the person’s parent. |
| |
Time for bringing proceedings |
| |
4 (1) | Proceedings on a claim may not be brought after the end of the period of 6 |
| |
months starting with the date when the conduct complained of occurred. |
| |
(2) | If, in relation to proceedings or prospective proceedings under section 27 of |
| |
the Equality Act 2006, the dispute is referred for conciliation in pursuance of |
| |
arrangements under that section before the end of that period, the period is |
| |
| |
(3) | The Tribunal may consider a claim which is out of time. |
| |
(4) | Sub-paragraph (3) does not apply if the Tribunal has previously decided |
| |
under that sub-paragraph not to consider a claim. |
| |
(5) | For the purposes of sub-paragraph (1)— |
| |
(a) | if the contravention is attributable to a term in a contract, the conduct |
| |
is to be treated as extending throughout the duration of the contract; |
| |
(b) | conduct extending over a period is to be treated as occurring at the |
| |
| |
| |
|
| |
| |
| |
(c) | failure to do a thing is to be treated as occurring when the person in |
| |
| |
(6) | In the absence of evidence to the contrary, a person (P) is to be taken to |
| |
decide on failure to do a thing— |
| |
(a) | when P acts inconsistently with doing the thing, or |
| |
(b) | if P does not act inconsistently, on the expiry of the period in which |
| |
P might reasonably have been expected to do the thing. |
| |
| |
5 (1) | This paragraph applies if the Tribunal finds that the contravention has |
| |
| |
(2) | The Tribunal may make such order as it thinks fit. |
| |
(3) | The power under sub-paragraph (2)— |
| |
(a) | may, in particular, be exercised with a view to obviating or reducing |
| |
the adverse effect on the person of any matter to which the claim |
| |
| |
(b) | does not include power to order the payment of compensation. |
| |
| |
6 (1) | This paragraph applies in relation to the Welsh Tribunal. |
| |
(2) | The Welsh Ministers may by regulations make provision as to— |
| |
(a) | the proceedings on a claim under paragraph 3; |
| |
(b) | the making of a claim. |
| |
(3) | The regulations may, in particular, include provision— |
| |
(a) | as to the manner in which a claim must be made; |
| |
(b) | for enabling functions relating to preliminary or incidental matters |
| |
(including in particular a decision under paragraph 4(3) to be |
| |
performed by the President or by the person occupying the chair (the |
| |
| |
(c) | enabling hearings to be conducted in the absence of a member other |
| |
| |
(d) | as to persons who may appear on behalf of the parties; |
| |
(e) | for granting such rights to disclosure or inspection of documents or |
| |
to further particulars as may be granted by the county court; |
| |
(f) | requiring persons to attend to give evidence and produce |
| |
| |
(g) | for authorising the administration of oaths to witnesses; |
| |
(h) | for deciding claims without a hearing in prescribed circumstances; |
| |
(i) | as to the withdrawal of claims; |
| |
(j) | for enabling the Tribunal to stay proceedings; |
| |
(k) | for the award of costs or expenses; |
| |
(l) | for settling costs or expenses (and, in particular, for enabling costs to |
| |
be assessed in the county court; |
| |
(m) | for the registration and proof of decisions and orders; |
| |
| |
|
