A claim that a responsible body has, because of a person’s disability,
contravened Chapter 1 of Part 6 in respect of an exclusion decision must be
made under the appeal arrangements.
The body hearing the claim has the powers it has in relation to an appeal
under the appeal arrangements.
Appeal arrangements are arrangements under—
section 52(3) of the Education Act 2002, or
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.
An exclusion decision is—
a decision of a kind mentioned in 52(3) of the Education Act 2002;
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.
“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
“Maintained school” has the meaning given in section 20(7) of the School
Standards and Framework Act 1998.
Public sector equality duty: exceptions
Section 143, so far as relating to age, does not apply to the exercise of a
the provision of education to pupils in schools;
the provision of benefits, facilities or services to pupils in schools;
the provision of accommodation, benefits, facilities or services in
community homes pursuant to section 53(1) of the Children Act
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).
“Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6
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.
“Immigration and nationality functions” means functions exercisable by
the Immigration Acts (excluding sections 28A to 28K of the
Immigration Act 1971 so far as they relate to criminal offences),
the British Nationality Act 1981,
the British Nationality (Falkland Islands) Act 1983,
the British Nationality (Hong Kong) Act 1990,
the Hong Kong (War Wives and Widows) Act 1996,
the British Nationality (Hong Kong) Act 1997,
the Special Immigration Appeals Commission Act 1997,
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)
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 person listed in sub-paragraph (2);
the exercise of a function listed in sub-paragraph (3).
the House of Commons;
the Scottish Parliament;
the National Assembly for Wales;
the General Synod of the Church of England;
the Security Service;
the Secret Intelligence Service;
the Government Communications Headquarters;
a part of the armed forces which is, in accordance with a requirement
of the Secretary of State, assisting the Government Communications
a function in connection with proceedings in the House of Commons
a function in connection with proceedings in the Scottish Parliament
(other than a function of the Scottish Parliamentary Corporate Body);
a function in connection with proceedings in the National Assembly
for Wales (other than a function of the National Assembly for Wales
a function exercised on behalf of, or on the instructions of, a person
exercising a judicial function;
a function of deciding whether or not to institute or continue
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.
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.
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