|
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(2) | A claim that a responsible body has, because of a person’s disability, |
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contravened Chapter 1 of Part 6 in respect of an exclusion decision must be |
| |
made under the appeal arrangements. |
| |
(3) | The body hearing the claim has the powers it has in relation to an appeal |
| |
under the appeal arrangements. |
| |
(4) | Appeal arrangements are arrangements under— |
| |
(a) | section 52(3) of the Education Act 2002, or |
| |
(b) | an agreement between the responsible body for an Academy and the |
| |
Secretary of State under section 482 of the Education Act 1996, |
| |
| enabling an appeal to be made by the person’s parent against the decision. |
| |
(5) | An exclusion decision is— |
| |
(a) | a decision of a kind mentioned in 52(3) of the Education Act 2002; |
| |
(b) | a decision taken by the responsible body or on its behalf not to |
| |
reinstate a pupil who has been permanently excluded from an |
| |
Academy by its head teacher. |
| |
(6) | “Responsible body”, in relation to a maintained school, includes the |
| |
discipline committee of the governing body if that committee is required to |
| |
be established as a result of regulations made under section 19 of the |
| |
| |
(7) | “Maintained school” has the meaning given in section 20(7) of the School |
| |
Standards and Framework Act 1998. |
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Public sector equality duty: exceptions |
| |
| |
1 (1) | Section 143, so far as relating to age, does not apply to the exercise of a |
| |
| |
(a) | the provision of education to pupils in schools; |
| |
(b) | the provision of benefits, facilities or services to pupils in schools; |
| |
(c) | the provision of accommodation, benefits, facilities or services in |
| |
community homes pursuant to section 53(1) of the Children Act |
| |
| |
(d) | the provision of accommodation, benefits, facilities or services |
| |
pursuant to arrangements under section 82(5) of that Act |
| |
(arrangements by the Secretary of State relating to the |
| |
accommodation of children). |
| |
(2) | “Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6 |
| |
| |
| |
2 (1) | In relation to the exercise of immigration and nationality functions, section |
| |
143 has effect as if subsection (1)(b) did not apply to the protected |
| |
characteristics of age, race or religion or belief. |
| |
| |
|
| |
| |
| |
| |
• A school will not need to consider advancing equality of opportunity between pupils |
| |
on the grounds of age. Nor will it need to consider how to foster good relations |
| |
between pupils on the grounds of age. But it will still need to give due regard to the |
| |
need to eliminate unlawful discrimination, advance equality of opportunity and foster |
| |
good relations between pupils in respect of the other protected characteristics. |
| |
• The UK Border Authority, when taking immigration-related decisions, will not need |
| |
to give due regard to the need to advance equality of opportunity for people of |
| |
different races, religious beliefs or age when taking those decisions. However, it will |
| |
still be required to give due regard to the need to advance equality of opportunity for |
| |
disabled people, for men and women, for people of all sexual orientations and |
| |
transsexual people when making those decisions. |
| |
| |
|
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| |
| |
(2) | “Immigration and nationality functions” means functions exercisable by |
| |
| |
(a) | the Immigration Acts (excluding sections 28A to 28K of the |
| |
Immigration Act 1971 so far as they relate to criminal offences), |
| |
(b) | the British Nationality Act 1981, |
| |
(c) | the British Nationality (Falkland Islands) Act 1983, |
| |
(d) | the British Nationality (Hong Kong) Act 1990, |
| |
(e) | the Hong Kong (War Wives and Widows) Act 1996, |
| |
(f) | the British Nationality (Hong Kong) Act 1997, |
| |
(g) | the Special Immigration Appeals Commission Act 1997, |
| |
(h) | a provision made under section 2(2) of the European Communities |
| |
Act 1972, or of Community law, which relates to the subject matter |
| |
of an enactment within paragraphs (a) to (g). |
| |
Exceptions that are specific to section 143(2) |
| |
3 (1) | Section 143(2) (application of section 143(1) to persons who are not public |
| |
authorities but by whom public functions are exercisable) does not apply |
| |
| |
(a) | a person listed in sub-paragraph (2); |
| |
(b) | the exercise of a function listed in sub-paragraph (3). |
| |
| |
(a) | the House of Commons; |
| |
| |
(c) | the Scottish Parliament; |
| |
(d) | the National Assembly for Wales; |
| |
(e) | the General Synod of the Church of England; |
| |
(f) | the Security Service; |
| |
(g) | the Secret Intelligence Service; |
| |
(h) | the Government Communications Headquarters; |
| |
(i) | a part of the armed forces which is, in accordance with a requirement |
| |
of the Secretary of State, assisting the Government Communications |
| |
| |
| |
(a) | a function in connection with proceedings in the House of Commons |
| |
| |
(b) | a function in connection with proceedings in the Scottish Parliament |
| |
(other than a function of the Scottish Parliamentary Corporate Body); |
| |
(c) | a function in connection with proceedings in the National Assembly |
| |
for Wales (other than a function of the National Assembly for Wales |
| |
| |
| |
(e) | a function exercised on behalf of, or on the instructions of, a person |
| |
exercising a judicial function; |
| |
(f) | a function of deciding whether or not to institute or continue |
| |
| |
(4) | A reference in sub-paragraph (3) to a judicial function includes a reference |
| |
to a judicial function conferred on a person other than a court or tribunal. |
| |
| |
|
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| |
| |
Schedule 19: Public authorities |
| |
| |
882. This Schedule lists those public authorities which are subject to the public sector |
| |
equality duty contained in clause 143(1). It is divided into three Parts: public authorities |
| |
generally; relevant Welsh authorities; and relevant Scottish authorities. There is provision for a |
| |
fourth Part to be added for cross-border Welsh and Scottish authorities. Subsection (2) of |
| |
clause 143 applies the public sector equality duty to other persons who are not listed in the |
| |
Schedule, but who are carrying out public functions, but only with regard to the exercise of |
| |
those functions. The powers in clauses 147 and 148 to impose specific duties only apply to |
| |
bodies listed in the Schedule; they do not extend to persons who are subject to the public |
| |
sector equality duty by virtue of subsection (2) of clause 143. |
| |
| |
883. This Schedule uses as its starting point Schedule 1A of the Race Relations Act 1976. |
| |
| |
|
| |
| |
| |
| |
4 | A Minister of the Crown may by order amend this Schedule so as to add, |
| |
vary or omit an exception to section 143. |
| |
| |
| |
| |
| |
Public authorities: general |
| |
Ministers of the Crown and government departments |
| |
| |
A government department other than the Security Service, the Secret |
| |
Intelligence Service or the Government Communications |
| |
| |
| |
Any of the armed forces other than any part of the armed forces which is, |
| |
in accordance with a requirement of the Secretary of State, assisting the |
| |
Government Communications Headquarters. |
| |
| |
A Strategic Health Authority established under section 13 of the National |
| |
Health Service Act 2006, or continued in existence by virtue of that |
| |
| |
A Primary Care Trust established under section 18 of that Act, or |
| |
continued in existence by virtue of that section. |
| |
An NHS trust established under section 25 of that Act. |
| |
A Special Health Authority established under section 28 of that Act other |
| |
than NHS Blood and Transplant and the NHS Business Services |
| |
| |
An NHS foundation trust within the meaning given by section 30 of that |
| |
| |
| |
A county council, district council or parish council in England. |
| |
A parish meeting constituted under section 13 of the Local Government |
| |
| |
Charter trustees constituted under section 246 of that Act for an area in |
| |
| |
The Greater London Authority. |
| |
A London borough council. |
| |
The Common Council of the City of London in its capacity as a local |
| |
authority or port health authority. |
| |
| |
|
| |
| |
| |
The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the |
| |
Middle Temple, in that person’s capacity as a local authority. |
| |
The London Development Agency. |
| |
The London Fire and Emergency Planning Authority. |
| |
| |
The Council of the Isles of Scilly. |
| |
The Broads Authority established by section 1 of the Norfolk and Suffolk |
| |
| |
A regional development agency established by the Regional |
| |
Development Agencies Act 1998 (other than the London Development |
| |
| |
A fire and rescue authority constituted by a scheme under section 2 of the |
| |
Fire and Rescue Services Act 2004, or a scheme to which section 4 of that |
| |
Act applies, for an area in England. |
| |
An internal drainage board which is continued in being by virtue of |
| |
section 1 of the Land Drainage Act 1991 for an area in England. |
| |
A National Park authority established by an order under section 63 of the |
| |
Environment Act 1995 for an area in England. |
| |
A Passenger Transport Executive for an integrated transport area in |
| |
England (within the meaning of Part 2 of the Transport Act 1968). |
| |
A port health authority constituted by an order under section 2 of the |
| |
Public Health (Control of Disease) Act 1984 for an area in England. |
| |
A waste disposal authority established by virtue of an order under section |
| |
10(1) of the Local Government Act 1985. |
| |
A joint authority established under Part 4 of that Act for an area in |
| |
England (including, by virtue of section 77(9) of the Local Transport |
| |
Act 2008, an Integrated Transport Authority established under Part 5 of |
| |
| |
A body corporate established pursuant to an order under section 67 of the |
| |
Local Government Act 1985. |
| |
A joint committee constituted in accordance with section 102(1)(b) of the |
| |
Local Government Act 1972 for an area in England. |
| |
A joint board which is continued in being by virtue of section 263(1) of |
| |
that Act for an area in England. |
| |
| |
The governing body of an educational establishment maintained by an |
| |
English local authority (within the meaning of section 162 of the |
| |
Education and Inspections Act 2006). |
| |
The governing body of an institution in England within the further |
| |
education sector (within the meaning of section 91(3) of the Further and |
| |
Higher Education Act 1992). |
| |
The governing body of an institution in England within the higher |
| |
education sector (within the meaning of section 91(5) of that Act). |
| |
| |
A police authority established under section 3 of the Police Act 1996. |
| |
The Metropolitan Police Authority established under section 5B of that |
| |
| |
| |
|
