|
| |
| |
(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 |
| 5 |
be established as a result of regulations made under section 19 of the |
| |
Education Act 2002 (c. 32). |
| |
(7) | “Maintained school” has the meaning given in section 20(7) of the School |
| |
Standards and Framework Act 1998. |
| |
| 10 |
| |
Public sector equality duty: exceptions |
| |
| |
1 (1) | Section 145, so far as relating to age, does not apply to the exercise of a |
| |
| |
(a) | the provision of education to pupils in schools; |
| 15 |
(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 |
| 20 |
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 |
| |
| 25 |
| |
2 (1) | In relation to the exercise of immigration and nationality functions, section |
| |
145 has effect as if subsection (1)(b) did not apply to the protected |
| |
characteristics of age, race or religion or belief. |
| |
(2) | “Immigration and nationality functions” means functions exercisable by |
| 30 |
| |
(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, |
| 35 |
(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 |
| 40 |
Act 1972, or of Community law, which relates to the subject matter |
| |
of an enactment within paragraphs (a) to (g). |
| |
| |
| |
|
| |
| |
| |
3 (1) | Section 145 does not apply to the exercise of— |
| |
| |
(b) | a function exercised on behalf of, or on the instructions of, a person |
| |
exercising a judicial function. |
| 5 |
(2) | The references to a judicial function include a reference to a judicial function |
| |
conferred on a person other than a court or tribunal. |
| |
Exceptions that are specific to section 145(2) |
| |
4 (1) | Section 145(2) (application of section 145(1) to persons who are not public |
| |
authorities but by whom public functions are exercisable) does not apply |
| 10 |
| |
(a) | a person listed in sub-paragraph (2); |
| |
(b) | the exercise of a function listed in sub-paragraph (3). |
| |
| |
(a) | the House of Commons; |
| 15 |
| |
(c) | the Scottish Parliament; |
| |
(d) | the National Assembly for Wales; |
| |
(e) | the General Synod of the Church of England; |
| |
(f) | the Security Service; |
| 20 |
(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 |
| |
| 25 |
| |
(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); |
| 30 |
(c) | a function in connection with proceedings in the National Assembly |
| |
for Wales (other than a function of the Assembly Commission). |
| |
| |
5 | A Minister of the Crown may by order amend this Schedule so as to add, |
| |
vary or omit an exception to section 145. |
| 35 |
| |
| |
|
| |
| |
| |
| |
| |
| |
Public authorities: general |
| |
Ministers of the Crown and government departments |
| 5 |
| |
A government department other than the Security Service, the Secret |
| |
Intelligence Service or the Government Communications |
| |
| |
| 10 |
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 |
| 15 |
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. |
| 20 |
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 |
| |
| 25 |
| |
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 |
| 30 |
| |
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. |
| 35 |
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. |
| |
| 40 |
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 |
| |
| 5 |
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. |
| 10 |
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 |
| 15 |
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 |
| 20 |
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 |
| 25 |
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 |
| 30 |
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). |
| 35 |
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 |
| 40 |
| |
The Common Council of the City of London in its capacity as a police |
| |
| |
| |
| |
|
| |
| |
| |
Public authorities: relevant Welsh authorities |
| |
Welsh Assembly Government, etc. |
| |
| |
The First Minister for Wales. |
| 5 |
The Counsel General to the Welsh Assembly Government. |
| |
A subsidiary of the Welsh Ministers (within the meaning given by section |
| |
134(4) of the Government of Wales Act 2006). |
| |
| |
A Local Health Board established under section 11 of the National Health |
| 10 |
Service (Wales) Act 2006. |
| |
An NHS trust established under section 18 of that Act. |
| |
A Special Health Authority established under section 22 of that Act other |
| |
than NHS Blood and Transplant and the NHS Business Services |
| |
| 15 |
A Community Health Council in Wales. |
| |
| |
A county council, county borough council or community council in |
| |
| |
Charter trustees constituted under section 246 of the Local Government |
| 20 |
Act 1972 for an area in Wales. |
| |
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 Wales. |
| |
An internal drainage board which is continued in being by virtue of |
| 25 |
section 1 of the Land Drainage Act 1991 for an area in Wales. |
| |
A National Park authority established by an order under section 63 of the |
| |
Environment Act 1995 for an area in Wales. |
| |
A port health authority constituted by an order under section 2 of the |
| |
Public Health (Control of Disease) Act 1984 for an area in Wales. |
| 30 |
A joint authority established under Part 4 of the Local Government Act |
| |
1985 for an area in Wales. |
| |
A joint committee constituted in accordance with section 102(1)(b) of the |
| |
Local Government Act 1972 for an area in Wales. |
| |
A joint board which is continued in being by virtue of section 263(1) of |
| 35 |
that Act for an area in Wales. |
| |
| |
The governing body of an educational establishment maintained by a |
| |
Welsh local authority (within the meaning of section 162 of the |
| |
Education and Inspections Act 2006). |
| 40 |
The governing body of an institution in Wales 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 Wales within the higher |
| |
education sector (within the meaning of section 91(5) of that Act). |
| |
| |
Public authorities: relevant Scottish authorities |
| |
| 5 |
An office-holder in the Scottish Administration (within the meaning |
| |
given by section 126(7)(a) of the Scotland Act 1998). |
| |
| |
A Health Board constituted under section 2 of the National Health Service |
| |
| 10 |
A Special Health Board constituted under that section. |
| |
| |
A council constituted under section 2 of the Local Government etc. |
| |
| |
A community council established under section 51 of the Local |
| 15 |
Government (Scotland) Act 1973. |
| |
A joint board within the meaning of section 235(1) of that Act. |
| |
A joint fire and rescue board constituted by a scheme under section 2(1) |
| |
of the Fire (Scotland) Act 2005. |
| |
A licensing board established under section 5 of the Licensing (Scotland) |
| 20 |
Act 2005, or continued in being by virtue of that section. |
| |
A National Park authority established by a designation order made under |
| |
section 6 of the National Parks (Scotland) Act 2000. |
| |
Scottish Enterprise and Highlands and Islands Enterprise, established |
| |
under the Enterprise and New Towns (Scotland) Act 1990. |
| 25 |
| |
An education authority in Scotland (within the meaning of section 135(1) |
| |
of the Education (Scotland) Act 1980). |
| |
The managers of a grant-aided school (within the meaning of that |
| |
| 30 |
The board of management of a college of further education (within the |
| |
meaning of section 36(1) of the Further and Higher Education |
| |
| |
In the case of such a college of further education not under the |
| |
management of a board of management, the board of governors of the |
| 35 |
college or any person responsible for the management of the college, |
| |
whether or not formally constituted as a governing body or board of |
| |
| |
The governing body of an institution within the higher education sector |
| |
(within the meaning of Part 2 of the Further and Higher Education |
| 40 |
| |
| |
| |
|
| |
| |
| |
A police authority established under section 2 of the Police (Scotland) Act |
| |
| |
| |
| |
Rail vehicle accessibility: compliance |
| 5 |
Rail vehicle accessibility compliance certificates |
| |
1 (1) | A regulated rail vehicle which is prescribed, or is of a prescribed class or |
| |
description, must not be used for carriage unless a compliance certificate is |
| |
in force for the vehicle. |
| |
(2) | A “compliance certificate” is a certificate that the Secretary of State is |
| 10 |
satisfied that the regulated rail vehicle conforms with the provisions of rail |
| |
vehicle accessibility regulations with which it is required to conform. |
| |
(3) | A compliance certificate is subject to such conditions as are specified in it. |
| |
(4) | A compliance certificate may not be issued for a rail vehicle unless the |
| |
Secretary of State has been provided with a report of a compliance |
| 15 |
assessment of the vehicle. |
| |
(5) | A “compliance assessment” is an assessment of a rail vehicle against |
| |
provisions of rail vehicle accessibility regulations with which the vehicle is |
| |
| |
(6) | If a regulated rail vehicle is used for carriage in contravention of sub- |
| 20 |
paragraph (1), the Secretary of State may require the operator of the vehicle |
| |
| |
(7) | The Secretary of State must review a decision not to issue a compliance |
| |
certificate if before the end of the prescribed period the applicant— |
| |
(a) | asks the Secretary of State to review the decision, and |
| 25 |
(b) | pays any fee fixed under paragraph 4. |
| |
(8) | For the purposes of the review, the Secretary of State must consider any |
| |
representations made by the applicant in writing before the end of the |
| |
| |
Regulations as to compliance certificates |
| 30 |
2 (1) | Regulations may make provision as to compliance certificates. |
| |
(2) | The regulations may (in particular) include provision— |
| |
(a) | as to applications for and issue of certificates; |
| |
(b) | specifying conditions to which certificates are subject; |
| |
(c) | as to the period for which a certificate is in force; |
| 35 |
(d) | as to circumstances in which a certificate ceases to be in force; |
| |
(e) | dealing with failure to comply with a specified condition; |
| |
(f) | for the examination of rail vehicles in respect of which applications |
| |
| |
| |
| |
|
