Equality Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 11 — Schools: exceptions
Part 1 — Sex discrimination
173

Schedule 11
Section 86

Schools: exceptions
Part 1
Sex discrimination
Admission to single-sex schools
5
1     (1)
Section 82(1), so far as relating to sex, does not apply in relation to a single-
sex school.
      (2)
A single-sex school is a school which—
(a)
admits pupils of one sex only, or
(b)
on the basis of the assumption in sub-paragraph (3), would be taken
10
to admit pupils of one sex only.
      (3)
That assumption is that pupils of the opposite sex are to be disregarded if—
(a)
their admission to the school is exceptional, or
(b)
their numbers are comparatively small and their admission is
confined to particular courses or classes.
15
      (4)
In the case of a school which is a single-sex school by virtue of sub-
paragraph (3)(b), section 82(2)(a) to (d), so far as relating to sex, does not
prohibit confining pupils of the same sex to particular courses or classes.
Single-sex boarding at schools
2     (1)
Section 82(1), so far as relating to sex, does not apply in relation to admission
20
as a boarder to a school to which this paragraph applies.
      (2)
Section 82(2)(a) to (d), so far as relating to sex, does not apply in relation to
boarding facilities at a school to which this paragraph applies.
      (3)
This paragraph applies to a school (other than a single-sex school) which has
some pupils as boarders and others as non-boarders and which—
25
(a)
admits as boarders pupils of one sex only, or
(b)
on the basis of the assumption in sub-paragraph (4), would be taken
to admit as boarders pupils of one sex only.
      (4)
That assumption is that pupils of the opposite sex admitted as boarders are
to be disregarded if their numbers are small compared to the numbers of
30
other pupils admitted as boarders.
Single-sex schools turning co-educational
3     (1)
If the responsible body of a single-sex school decides to alter its admissions
arrangements so that the school will cease to be a single-sex school, the body
may apply for a transitional exemption order in relation to the school.
35
      (2)
If the responsible body of a school to which paragraph 2 applies decides to
alter its admissions arrangements so that the school will cease to be one to
which that paragraph applies, the body may apply for a transitional
exemption order in relation to the school.

Equality Bill
Schedule 11 — Schools: exceptions
Part 1 — Sex discrimination
174

      (3)
A transitional exemption order in relation to a school is an order which,
during the period specified in the order as the transitional period,
authorises—
(a)
sex discrimination by the responsible body of the school in the
arrangements it makes for deciding who is offered admission as a
5
pupil;
(b)
the responsible body, in the circumstances specified in the order, not
to admit a person as a pupil because of the person’s sex.
      (4)
Paragraph 4 applies in relation to the making of transitional exemption
orders.
10
      (5)
The responsible body of a school does not contravene this Act, so far as
relating to sex discrimination, if—
(a)
in accordance with a transitional exemption order, or
(b)
pending the determination of an application for a transitional
exemption order in relation to the school,
15

it does not admit a person as a pupil because of the person’s sex.
4     (1)
In the case of a maintained school within the meaning given by section 32 of
the Education and Inspections Act 2006 (c. 40), a transitional exemption
order may be made in accordance with such provision as is made in
regulations under section 21 of that Act (orders made by local authority or
20
adjudicator in relation to schools in England).
      (2)
In the case of a school in Wales maintained by a local authority, a transitional
exemption order may be made in accordance with paragraph 22 of Schedule
6, or paragraph 17 of Schedule 7, to the School Standards and Framework
Act 1998 (c. 31) (orders made by Welsh Ministers).
25
      (3)
In the case of a school in Scotland managed by an education authority or in
respect of which the managers are for the time being receiving grants under
section 73(c) or (d) of the Education (Scotland) Act 1980—
(a)
the responsible body may submit to the Scottish Ministers an
application for the making of a transitional exemption order, and
30
(b)
the Scottish Ministers may make the order.
      (4)
Where, under section 113A of the Learning and Skills Act 2000 (c. 21), the
Learning and Skills Council for England make proposals to the Secretary of
State for an alteration in the admissions arrangements of a single-sex school
or a school to which paragraph 2 applies—
35
(a)
the making of the proposals is to be treated as an application to the
Secretary of State for the making of a transitional exemption order,
and
(b)
the Secretary of State may make the order.
      (5)
Where proposals are made to the Welsh Ministers under section 113A of the
40
Learning and Skills Act 2000 for an alteration in the admissions
arrangements of a single-sex school or a school to which paragraph 2
applies—
(a)
the making of the proposals is to be treated as an application to the
Welsh Ministers for the making of a transitional exemption order,
45
and
(b)
the Welsh Ministers may make the order.

Equality Bill
Schedule 11 — Schools: exceptions
Part 2 — Religious or belief-related discrimination
175

      (6)
In the case of a school in England or Wales not coming within sub-paragraph
(1), (2), (4) or (5) or an independent school in Scotland—
(a)
the responsible body may submit to the Commission an application
for the making of a transitional exemption order, and
(b)
the Commission may make the order.
5
      (7)
An application under sub-paragraph (6) must specify—
(a)
the period proposed by the responsible body as the transitional
period to be specified in the order,
(b)
the stages within that period by which the body proposes to move to
the position where section 82(1)(a) and (c), so far as relating to sex, is
10
complied with, and
(c)
any other matters relevant to the terms and operation of the order
applied for.
      (8)
The Commission must not make an order on an application under sub-
paragraph (6) unless satisfied that the terms of the application are
15
reasonable, having regard to—
(a)
the nature of the school’s premises,
(b)
the accommodation, equipment and facilities available, and
(c)
the responsible body’s financial resources.
Part 2
20
Religious or belief-related discrimination
School with religious character etc.
5
Section 82(1) and (2)(a) to (d), so far as relating to religion or belief, does not
apply in relation to—
(a)
a school designated under section 69(3) of the School Standards and
25
Framework Act 1998 (c. 31) (foundation or voluntary school with
religious character);
(b)
a school listed in the register of independent schools for England or
for Wales, if the school’s entry in the register records that the school
has a religious ethos;
30
(c)
a school transferred to an education authority under section 16 of the
Education (Scotland) Act 1980 (transfer of certain schools to
education authorities) which is conducted in the interest of a church
or denominational body;
(d)
a school provided by an education authority under section 17(2) of
35
that Act (denominational schools);
(e)
a grant-aided school (within the meaning of that Act) which is
conducted in the interest of a church or denominational body;
(f)
a school registered in the register of independent schools for
Scotland if the school admits only pupils who belong, or whose
40
parents belong, to one or more particular denominations;
(g)
a school registered in that register if the school is conducted in the
interest of a church or denominational body.

Equality Bill
Schedule 11 — Schools: exceptions
Part 3 — Disability discrimination
176

Curriculum, worship, etc.
6
Section 82(2)(a) to (d), so far as relating to religion or belief, does not apply
in relation to anything done in connection with acts of worship or other
religious observance organised by or on behalf of a school (whether or not
forming part of the curriculum).
5
Power to amend
7     (1)
A Minister of the Crown may by order amend this Part of this Schedule—
(a)
so as to add, vary or omit an exception to section 82;
(b)
so as to make provision about the construction or application of
section 19(2)(d) in relation to section 82.
10
      (2)
The power under sub-paragraph (1) is exercisable only in relation to
religious or belief-related discrimination.
      (3)
An order under sub-paragraph (1) may not be made unless the Minister has
consulted—
(a)
the Welsh Ministers,
15
(b)
the Scottish Ministers, and
(c)
such other persons as the Minister thinks appropriate.
Part 3
Disability discrimination
Permitted form of selection
20
8     (1)
A person does not contravene section 82(1), so far as relating to disability,
only by applying a permitted form of selection.
      (2)
In relation to England and Wales, a permitted form of selection is—
(a)
in the case of a maintained school which is not designated as a
grammar school under section 104 of the School Standards and
25
Framework Act 1998 (c. 31), a form of selection mentioned in section
99(2) or (4) of that Act;
(b)
in the case of a maintained school which is so designated, its selective
admission arrangements (within the meaning of section 104 of that
Act);
30
(c)
in the case of an independent educational institution, arrangements
which provide for some or all of its pupils to be selected by reference
to general or special ability or aptitude, with a view to admitting only
pupils of high ability or aptitude.
      (3)
In relation to Scotland, a permitted form of selection is—
35
(a)
in the case of a school managed by an education authority,
arrangements approved by the Scottish Ministers for the selection of
pupils for admission;
(b)
in the case of an independent school, arrangements which provide
for some or all of its pupils to be selected by reference to general or
40
special ability or aptitude, with a view to admitting only pupils of
high ability or aptitude.

Equality Bill
Schedule 12 — Further and higher education exceptions
Part 1 — Single-sex institutions, etc.
177

      (4)
“Maintained school” has the meaning given in section 22 of the School
Standards and Framework Act 1998.
Schedule 12
Section 91

Further and higher education exceptions
Part 1
5
Single-sex institutions, etc.
Admission to single-sex institutions
1     (1)
Section 88(1), so far as relating to sex, does not apply in relation to a single-
sex institution.
      (2)
A single-sex institution is an institution to which section 88 applies, which—
10
(a)
admits students of one sex only, or
(b)
on the basis of the assumption in sub-paragraph (3), would be taken
to admit students of one sex only.
      (3)
That assumption is that students of the opposite sex are to be disregarded
if—
15
(a)
their admission to the institution is exceptional, or
(b)
their numbers are comparatively small and their admission is
confined to particular courses or classes.
      (4)
In the case of an institution which is a single-sex institution by virtue of sub-
paragraph (3)(b), section 88(2)(a) to (d), so far as relating to sex, does not
20
prohibit confining students of the same sex to particular courses or classes.
Single sex institutions turning co-educational
2     (1)
If the responsible body of a single-sex institution decides to alter its
admissions arrangements so that the institution will cease to be a single-sex
institution, the body may apply for a transitional exemption order in relation
25
to the institution.
      (2)
A transitional exemption order relating to an institution is an order which,
during the period specified in the order as the transitional period,
authorises—
(a)
sex discrimination by the responsible body of the institution in the
30
arrangements it makes for deciding who is offered admission as a
student;
(b)
the responsible body, in the circumstances specified in the order, not
to admit a person as a student because of the person’s sex.
      (3)
Paragraph 3 applies in relation to the making of a transitional exemption
35
order.
      (4)
The responsible body of an institution does not contravene this Act, so far as
relating to sex discrimination, if —
(a)
in accordance with a transitional exemption order, or

Equality Bill
Schedule 12 — Further and higher education exceptions
Part 2 — Other exceptions
178

(b)
pending the determination of an application for a transitional
exemption order in relation to the institution,

it does not admit a person as a student because of the person’s sex.
      (5)
The responsible body of an institution does not contravene this Act, so far as
relating to sex discrimination, if —
5
(a)
in accordance with a transitional exemption order, or
(b)
pending the determination of an application for a transitional
exemption order in relation to the institution,

it discriminates in the arrangements it makes for deciding who is offered
admission as a student.
10
3     (1)
In the case of a single-sex institution—
(a)
its responsible body may submit to the Commission an application
for the making of a transitional exemption order, and
(b)
the Commission may make the order.
      (2)
An application under sub-paragraph (1) must specify—
15
(a)
the period proposed by the responsible body as the transitional
period to be specified in the order,
(b)
the stages, within that period, by which the body proposes to move
to the position where section 88(1)(a) and (c), so far as relating to sex,
is complied with, and
20
(c)
any other matters relevant to the terms and operation of the order
applied for.
      (3)
The Commission must not make an order on an application under sub-
paragraph (1) unless satisfied that the terms of the application are
reasonable, having regard to—
25
(a)
the nature of the institution’s premises,
(b)
the accommodation, equipment and facilities available, and
(c)
the responsible body’s financial resources.
Part 2
Other exceptions
30
Occupational requirements
4
A person (P) does not contravene section 88(1) or (2) if P shows that P’s
treatment of another person relates only to training that would help fit that
other person for work the offer of which the other person could be refused
in reliance on Part 1 of Schedule 9.
35
Institutions with a religious ethos
5     (1)
The responsible body of an institution which is designated for the purposes
of this paragraph does not contravene section 88(1), so far as relating to
religion or belief, if, in the admission of students to a course at the
institution—
40
(a)
it gives preference to persons of a particular religion or belief,
(b)
it does so to preserve the institution’s religious ethos, and
(c)
the course is not a course of vocational training.

Equality Bill
Schedule 13 — Education: reasonable adjustments
179

      (2)
A Minister of the Crown may by order designate an institution if satisfied
that the institution has a religious ethos.
Benefits dependent on marital status, etc.
6
A person does not contravene section 88, so far as relating to sexual
orientation, by providing married persons and civil partners (to the
5
exclusion of all other persons) with access to a benefit, facility or service.
Child care
7     (1)
A person does not contravene section 88(2)(b) or (d), so far as relating to age,
only by providing, or making arrangements for or facilitating the provision
of, care for children of a particular age group.
10
      (2)
Facilitating the provision of care for a child includes—
(a)
paying for some or all of the cost of the provision;
(b)
helping a parent of the child to find a suitable person to provide care
for the child;
(c)
enabling a parent of the child to spend more time providing care for
15
the child or otherwise assisting the parent with respect to the care
that the parent provides for the child.
      (3)
A child is a person who has not attained the age of 17.
      (4)
A reference to care includes a reference to supervision.
Schedule 13
20
Section 95

Education: reasonable adjustments
Preliminary
1
This Schedule applies where a duty to make reasonable adjustments is
imposed on A by this Part.
The duty for schools
25
2     (1)
This paragraph applies where A is the responsible body of a school to which
section 82 applies.
      (2)
A must comply with the first requirement.
      (3)
For the purposes of this paragraph, the reference in section 20(3) to a
provision, criterion or practice is a reference to a provision, criterion or
30
practice applied by or on behalf of A.
      (4)
In relation to the requirement, the relevant matters are—
(a)
deciding who is offered admission as a pupil;
(b)
provision of education or access to a benefit, facility or service.