|
| |
|
(a) | in the arrangements it makes for deciding who is provided with the |
| |
| |
(b) | as to the terms on which it offers to provide the facilities to the person; |
| |
(c) | by not accepting the person’s application for provision of the facilities. |
| |
(5) | The responsible body in relation to such facilities must not victimise a person |
| 5 |
who is provided with the facilities in the services it provides or offers to |
| |
| |
(6) | A duty to make reasonable adjustments applies to the responsible body. |
| |
(7) | This section applies to— |
| |
(a) | facilities secured by a local authority in England under section 507A or |
| 10 |
507B of the Education Act 1996 (c. 56); |
| |
(b) | facilities secured by a local authority in Wales under section 508 of that |
| |
| |
(c) | recreational or training facilities provided by an education authority in |
| |
| 15 |
(8) | A responsible body is— |
| |
(a) | a local authority in England, for the purposes of subsection (7)(a); |
| |
(b) | a local authority in Wales, for the purposes of subsection (7)(b); |
| |
(c) | an education authority in Scotland, for the purposes of subsection |
| |
| 20 |
(9) | This section does not apply to the protected characteristic of age, so far as |
| |
relating to persons who have not attained the age of 18. |
| |
91 | Interpretation and exceptions |
| |
(1) | This section applies for the purposes of this Chapter. |
| |
(2) | Nothing in this Chapter applies to anything done in connection with the |
| 25 |
content of the curriculum. |
| |
(3) | A reference to a student, in relation to an institution, is a reference to a person |
| |
for whom education is provided by the institution. |
| |
(4) | A reference to a university includes a reference to a university college and a |
| |
college, school or hall of a university. |
| 30 |
(5) | A reference to an institution within the further or higher education sector is to |
| |
be construed in accordance with section 91 of the Further and Higher |
| |
Education Act 1992 (c. 13). |
| |
| |
(a) | in relation to England and Wales, has the meaning given in section 2 of |
| 35 |
| |
(b) | in relation to Scotland, has the meaning given in section 1(3) of the |
| |
Further and Higher Education (Scotland) Act 1992. |
| |
| |
(a) | in relation to England and Wales, means education provided by means |
| 40 |
of a course of a description mentioned in Schedule 6 to the Education |
| |
| |
(b) | in relation to Scotland, has the meaning given in section 38 of the |
| |
Further and Higher Education (Scotland) Act 1992. |
| |
|
| |
|
| |
|
(8) | “College of further education” has the meaning given in section 36 of the |
| |
Further and Higher Education (Scotland) Act 1992. |
| |
(9) | “Designated institution” has the meaning given in section 44 of that Act. |
| |
(10) | “Local authority” means— |
| |
(a) | in relation to England, an English local authority within the meaning of |
| 5 |
section 162 of the Education and Inspections Act 2006; |
| |
(b) | in relation to Wales, a Welsh local authority within the meaning of that |
| |
| |
(11) | “Education authority” has the meaning given by section 135(1) of the |
| |
Education (Scotland) Act 1980. |
| 10 |
(12) | Schedule 12 (exceptions) has effect. |
| |
| |
General qualifications bodies |
| |
92 | Application of this Chapter |
| |
This Chapter does not apply to the protected characteristic of marriage and |
| 15 |
| |
| |
(1) | A qualifications body (A) must not discriminate against a person (B)— |
| |
(a) | in the arrangements A makes for deciding upon whom to confer a |
| |
| 20 |
(b) | as to the terms on which it is prepared to confer a relevant qualification |
| |
| |
(c) | by not conferring a relevant qualification on B. |
| |
(2) | A qualifications body (A) must not discriminate against a person (B) upon |
| |
whom A has conferred a relevant qualification— |
| 25 |
(a) | by withdrawing the qualification from B; |
| |
(b) | by varying the terms on which B holds the qualification; |
| |
(c) | by subjecting B to any other detriment. |
| |
(3) | A qualifications body must not, in relation to conferment by it of a relevant |
| |
| 30 |
(a) | a person who holds the qualification, or |
| |
(b) | a person who applies for it. |
| |
(4) | A qualifications body (A) must not victimise a person (B)— |
| |
(a) | in the arrangements A makes for deciding upon whom to confer a |
| |
| 35 |
(b) | as to the terms on which it is prepared to confer a relevant qualification |
| |
| |
(c) | by not conferring a relevant qualification on B. |
| |
(5) | A qualifications body (A) must not victimise a person (B) upon whom A has |
| |
conferred a relevant qualification— |
| 40 |
(a) | by withdrawing the qualification from B; |
| |
|
| |
|
| |
|
(b) | by varying the terms on which B holds the qualification; |
| |
(c) | by subjecting B to any other detriment. |
| |
(6) | A duty to make reasonable adjustments applies to a qualifications body. |
| |
(7) | Subsection (6) does not apply to the body in so far as the appropriate regulator |
| |
specifies provisions, criteria or practices in relation to which the body— |
| 5 |
(a) | is not subject to a duty to make reasonable adjustments; |
| |
(b) | is subject to a duty to make reasonable adjustments, but in relation to |
| |
which such adjustments as the regulator specifies should not be made. |
| |
(8) | For the purposes of subsection (7) the appropriate regulator must have regard |
| |
| 10 |
(a) | the desirability of minimising the extent to which disabled persons are |
| |
disadvantaged in attaining the qualification because of their |
| |
| |
(b) | the need to secure that the qualification gives a reliable indication of the |
| |
knowledge, skills and understanding of a person upon whom it is |
| 15 |
| |
(c) | the need to maintain public confidence in the qualification. |
| |
(9) | The appropriate regulator— |
| |
(a) | must not specify any matter for the purposes of subsection (7) unless it |
| |
has consulted such persons as it thinks appropriate; |
| 20 |
(b) | must publish matters so specified (including the date from which they |
| |
are to have effect) in such manner as is prescribed. |
| |
(10) | The appropriate regulator is— |
| |
(a) | in relation to a qualifications body that confers qualifications in |
| |
England, a person prescribed by a Minister of the Crown; |
| 25 |
(b) | in relation to a qualifications body that confers qualifications in Wales, |
| |
a person prescribed by the Welsh Ministers; |
| |
(c) | in relation to a qualifications body that confers qualifications in |
| |
Scotland, a person prescribed by the Scottish Ministers. |
| |
(11) | For the purposes of subsection (10), a qualification is conferred in a part of |
| 30 |
Great Britain if there are, or may reasonably be expected to be, persons seeking |
| |
to obtain the qualification who are or will be assessed for those purposes |
| |
wholly or mainly in that part. |
| |
| |
(1) | This section applies for the purposes of section 93. |
| 35 |
(2) | A qualifications body is an authority or body which can confer a relevant |
| |
| |
(3) | A relevant qualification is an authorisation, qualification, approval or |
| |
certification of such description as may be prescribed— |
| |
(a) | in relation to conferments in England, by a Minister of the Crown; |
| 40 |
(b) | in relation to conferments in Wales, by the Welsh Ministers; |
| |
(c) | in relation to conferments in Scotland, by the Scottish Ministers. |
| |
(4) | An authority or body is not a qualifications body in so far as— |
| |
(a) | it is the responsible body of a school to which section 82 applies; |
| |
|
| |
|
| |
|
(b) | it is the governing body of an institution to which section 88 applies; |
| |
(c) | it exercises functions under the Education Acts; |
| |
(d) | it exercises functions under the Education (Scotland) Act 1980 (c. 44). |
| |
(5) | A qualifications body does not include an authority or body of such |
| |
description, or in such circumstances, as may be prescribed. |
| 5 |
(6) | A reference to conferring a relevant qualification includes a reference— |
| |
(a) | to renewing or extending the conferment of a relevant qualification; |
| |
(b) | to authenticating a relevant qualification conferred by another person. |
| |
(7) | A reference in section 93(8), (10) or (11) to a qualification is a reference to a |
| |
| 10 |
(8) | Subsection (11) of section 93 applies for the purposes of subsection (3) of this |
| |
section as it applies for the purposes of subsection (10) of that section. |
| |
| |
| |
95 | Reasonable adjustments |
| 15 |
Schedule 13 (reasonable adjustments) has effect. |
| |
96 | Educational charities and endowments |
| |
Schedule 14 (educational charities and endowments) has effect. |
| |
| |
| 20 |
| |
97 | Application of this Part |
| |
(1) | This Part does not apply to the protected characteristic of marriage and civil |
| |
| |
(2) | This Part does not apply to discrimination, harassment or victimisation— |
| 25 |
(a) | that is prohibited by Part 3 (services, etc.), Part 4 (premises), Part 5 |
| |
(work) or Part 6 (education), or |
| |
(b) | that would be so prohibited but for an express exception. |
| |
| |
98 | Members and associates |
| 30 |
(1) | An association (A) must not discriminate against a person (B)— |
| |
(a) | in the arrangements A makes for deciding who to admit to |
| |
| |
(b) | as to the terms on which A is prepared to admit B to membership; |
| |
|
| |
|
| |
|
(c) | by not accepting B’s application for membership. |
| |
(2) | An association (A) must not discriminate against a member (B)— |
| |
(a) | in the way A affords B access, or by not affording B access, to a benefit, |
| |
| |
(b) | by depriving B of membership; |
| 5 |
(c) | by varying B’s terms of membership; |
| |
(d) | by subjecting B to any other detriment. |
| |
(3) | An association (A) must not discriminate against an associate (B)— |
| |
(a) | in the way A affords B access, or by not affording B access, to a benefit, |
| |
| 10 |
(b) | by depriving B of B’s rights as an associate; |
| |
(c) | by varying B’s rights as an associate; |
| |
(d) | by subjecting B to any other detriment. |
| |
(4) | An association must not harass— |
| |
| 15 |
(b) | a person seeking to become a member; |
| |
| |
(5) | An association (A) must not victimise a person (B)— |
| |
(a) | in the arrangements A makes for deciding who to admit to |
| |
| 20 |
(b) | as to the terms on which A is prepared to admit B to membership; |
| |
(c) | by not accepting B’s application for membership. |
| |
(6) | An association (A) must not victimise a member (B)— |
| |
(a) | in the way A affords B access, or by not affording B access, to a benefit, |
| |
| 25 |
(b) | by depriving B of membership; |
| |
(c) | by varying B’s terms of membership; |
| |
(d) | by subjecting B to any other detriment. |
| |
(7) | An association (A) must not victimise an associate (B)— |
| |
(a) | in the way A affords B access, or by not affording B access, to a benefit, |
| 30 |
| |
(b) | by depriving B of B’s rights as an associate; |
| |
(c) | by varying B’s rights as an associate; |
| |
(d) | by subjecting B to any other detriment. |
| |
| 35 |
(1) | An association (A) must not discriminate against a person (B)— |
| |
(a) | in the arrangements A makes for deciding who to invite, or who to |
| |
permit to be invited, as a guest; |
| |
(b) | as to the terms on which A is prepared to invite B, or to permit B to be |
| |
| 40 |
(c) | by not inviting B, or not permitting B to be invited, as a guest. |
| |
(2) | An association (A) must not discriminate against a guest (B) invited by A or |
| |
with A’s permission (whether express or implied)— |
| |
|
| |
|
| |
|
(a) | in the way A affords B access, or by not affording B access, to a benefit, |
| |
| |
(b) | by subjecting B to any other detriment. |
| |
(3) | An association must not harass— |
| |
| 5 |
(b) | a person seeking to be a guest. |
| |
(4) | An association (A) must not victimise a person (B)— |
| |
(a) | in the arrangements A makes for deciding who to invite, or who to |
| |
permit to be invited, as a guest; |
| |
(b) | as to the terms on which A is prepared to invite B, or to permit B to be |
| 10 |
| |
(c) | by not inviting B, or not permitting B to be invited, as a guest. |
| |
(5) | An association (A) must not victimise a guest (B) invited by A or with A’s |
| |
permission (whether express or implied)— |
| |
(a) | in the way A affords B access, or by not affording B access, to a benefit, |
| 15 |
| |
(b) | by subjecting B to any other detriment. |
| |
100 | Sections 98 and 99: further provision |
| |
(1) | A duty to make reasonable adjustments applies to an association. |
| |
(2) | In the application of section 25 for the purposes of section 98(4) or 99(3), neither |
| 20 |
of the following is a relevant protected characteristic— |
| |
| |
| |
Special provision for political parties |
| |
101 | Selection of candidates |
| 25 |
(1) | This section applies to an association which is a registered political party. |
| |
(2) | A person does not contravene this Part only by acting in accordance with |
| |
| |
(3) | Selection arrangements are arrangements— |
| |
(a) | which the party makes for regulating the selection of its candidates in a |
| 30 |
| |
(b) | the purpose of which is to reduce inequality in the party’s |
| |
representation in the body concerned. |
| |
(4) | The reference in subsection (3)(b) to inequality in a party’s representation in a |
| |
body is a reference to inequality between— |
| 35 |
(a) | the number of the party’s candidates elected to be members of the body |
| |
who share a protected characteristic, and |
| |
(b) | the number of the party’s candidates so elected who do not share that |
| |
| |
(5) | For the purposes of subsection (4), persons share the protected characteristic of |
| 40 |
disability if they are disabled persons (and section 6(3)(b) is accordingly to be |
| |
| |
|
| |
|
| |
|
(6) | Selection arrangements do not include short-listing only such persons as have |
| |
a particular protected characteristic. |
| |
(7) | But subsection (6) does not apply to the protected characteristic of sex. |
| |
(8) | The following elections are relevant elections— |
| |
(a) | Parliamentary elections; |
| 5 |
(b) | elections to the European Parliament; |
| |
(c) | elections to the Scottish Parliament; |
| |
(d) | elections to the National Assembly for Wales; |
| |
(e) | local government elections within the meaning of section 191, 203 or |
| |
204 of the Representation of the People Act 1983 (excluding elections |
| 10 |
for the Mayor of London). |
| |
102 | Time-limited provision |
| |
(1) | Section 101(7) is repealed at the end of 2030 unless an order is made under |
| |
| |
(2) | At any time before the end of 2030, a Minister of the Crown may by order |
| 15 |
provide that subsection (1) is to have effect with the substitution of a later time |
| |
for that for the time being specified there. |
| |
(3) | In section 3 of the Sex Discrimination (Election Candidates) Act 2002 (expiry of |
| |
that Act), in subsection (1) for “2015” substitute “2030”. |
| |
(4) | The substitution made by subsection (3) does not affect the power to substitute |
| 20 |
a later time by order under section 3 of that Act. |
| |
| |
103 | Interpretation and exceptions |
| |
(1) | This section applies for the purposes of this Part. |
| |
(2) | An “association” is an association of persons— |
| 25 |
(a) | which has at least 25 members, and |
| |
(b) | admission to membership of which is regulated by the association’s |
| |
rules and involves a process of selection. |
| |
(3) | A Minister of the Crown may by order amend subsection (2)(a) so as to |
| |
substitute a different number for that for the time being specified there. |
| 30 |
| |
(a) | whether an association is incorporated; |
| |
(b) | whether its activities are carried on for profit. |
| |
(5) | Membership is membership of any description (other than membership that is |
| |
by reference to a protected characteristic); and a reference to a member is to be |
| 35 |
| |
(6) | A person is an “associate”, in relation to an association, if the person— |
| |
(a) | is not a member of the association, but |
| |
(b) | in accordance with the association’s rules, has some or all of the rights |
| |
as a member as a result of being a member of another association. |
| 40 |
|
| |
|