Equality Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 13 — Education: reasonable adjustments
180

The duty for further or higher education institutions
3     (1)
This paragraph applies where A is the responsible body of an institution to
which section 88 applies.
      (2)
A must comply with the first, second and third requirements.
      (3)
For the purposes of this paragraph—
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(a)
the reference in section 20(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
of A;
(b)
the reference in section 20(4) to a physical feature is a reference to a
physical feature of premises occupied by A;
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(c)
the reference in section 20(3), (4) or (5) to a disabled person is, in
relation to a relevant matter within sub-paragraph (4)(d) or (e)
below, a reference to an interested disabled person.
      (4)
In relation to each requirement, the relevant matters are—
(a)
deciding who is offered admission as a student;
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(b)
provision of education;
(c)
access to a benefit, facility or service;
(d)
deciding on whom a qualification is conferred;
(e)
a qualification that A confers.
4     (1)
An interested disabled person is a disabled person who, in relation to a
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relevant matter specified in the first column of the table, is of a description
specified in the second column.

Case
Description of disabled person

Deciding on whom to confer a
A person who is, or has notified A that

qualification.
the person may be, an applicant for the

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conferment of the qualification.

A qualification that A confers.
An applicant for the conferment by A

of the qualification.

A person on whom A confers the

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qualification.

      (2)
A provision, criterion or practice does not include the application of a
competence standard.
      (3)
A competence standard is an academic, medical or other standard applied
for the purpose of determining whether or not a person has a particular level
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of competence or ability.
The duty relating to certain other further or higher education courses
5     (1)
This paragraph applies where A is the responsible body in relation to a
course to which section 89 applies.

Equality Bill
Schedule 13 — Education: reasonable adjustments
181

      (2)
A must comply with the first, second and third requirements; but if A is the
governing body of a maintained school (within the meaning given by that
section), A is not required to comply with the second or third requirement.
      (3)
For the purposes of this paragraph—
(a)
the reference in section 20(3) to a provision, criterion or practice is a
5
reference to a provision, criterion or practice applied by or on behalf
of A;
(b)
the reference in section 20(4) to a physical feature is a reference to a
physical feature of premises occupied by A.
      (4)
In relation to each requirement, the relevant matters are—
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(a)
arrangements for enrolling persons on a course of further or higher
education secured by A;
(b)
services provided by A for persons enrolled on the course.
The duty relating to recreational or training facilities
6     (1)
This paragraph applies where A is the responsible body in relation to
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facilities to which section 90 applies.
      (2)
A must comply with the first, second and third requirements.
      (3)
For the purposes of this paragraph—
(a)
the reference in section 20(3) to a provision, criterion or practice is a
reference to a provision, criterion or practice applied by or on behalf
20
of A;
(b)
the reference in section 20(4) to a physical feature is a reference to a
physical feature of premises occupied by A.
      (4)
In relation to each requirement, the relevant matter is A’s arrangements for
providing the recreational or training facilities.
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Code of practice
7
In deciding whether it is reasonable for A to have to take a step for the
purpose of complying with the first, second or third requirement, A must
have regard to relevant provisions of a code of practice issued under section
14 of the Equality Act 2006.
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Confidentiality requests
8     (1)
This paragraph applies if a person has made a confidentiality request of
which A is aware.
      (2)
In deciding whether it is reasonable for A to have to take a step in relation to
that person so as to comply with the first, second or third requirement, A
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must have regard to the extent to which taking the step is consistent with the
request.
      (3)
In a case within paragraph 2, a “confidentiality request” is a request—
(a)
that the nature or existence of a disabled person’s disability be
treated as confidential, and
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(b)
which satisfies either of the following conditions.
      (4)
The first condition is that the request is made by the person’s parent.

Equality Bill
Schedule 14 — Educational charities and endowments
182

      (5)
The second condition is that—
(a)
it is made by the person, and
(b)
A reasonably believes that the person has sufficient understanding of
the nature and effect of the request.
      (6)
In a case within paragraph 3, a “confidentiality request” is a request by a
5
disabled person that the nature or existence of the person’s disability be
treated as confidential.
The duty for general qualifications bodies
9     (1)
This paragraph applies where A is a qualifications body for the purposes of
section 93.
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      (2)
Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a
qualifications body as they apply to a responsible body.
      (3)
This paragraph is subject to section 93(7).
Schedule 14
Section 96

Educational charities and endowments
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Educational charities
1     (1)
This paragraph applies to a trust deed or other instrument—
(a)
which concerns property applicable for or in connection with the
provision of education in an establishment in England and Wales to
which section 82 or 88 applies, and
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(b)
which in any way restricts the benefits available under the
instrument to persons of one sex.
      (2)
Sub-paragraph (3) applies if, on the application of the trustees or the
responsible body (within the meaning of that section), a Minister of the
Crown is satisfied that the removal or modification of the restriction would
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be conducive to the advancement of education without sex discrimination.
      (3)
The Minister may by order make such modifications of the instrument as
appear to the Minister expedient for removing or modifying the restriction.
      (4)
If the trust was created by a gift or bequest, an order must not be made until
the end of the period of 25 years after the date when the gift or bequest took
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effect.
      (5)
Sub-paragraph (4) does not apply if the donor or the personal
representatives of the donor or testator consent in writing to making the
application for the order.
      (6)
The Minister must require the applicant to publish a notice—
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(a)
containing particulars of the proposed order;
(b)
stating that representations may be made to the Minister within a
period specified in the notice.
      (7)
The period must be not less than one month beginning with the day after the
date of the notice.
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Equality Bill
Schedule 14 — Educational charities and endowments
183

      (8)
The applicant must publish the notice in the manner specified by the
Minister.
      (9)
The cost of publication may be paid out of the property of the trust.
     (10)
Before making the order, the Minister must take account of representations
made in accordance with the notice.
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Educational endowments
2     (1)
This paragraph applies to an educational endowment—
(a)
to which section 104 of the Education (Scotland) Act 1980 applies,
and
(b)
which in any way restricts the benefit of the endowment to persons
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of one sex.
      (2)
Sub-paragraph (3) applies if, on the application of the governing body of an
educational endowment, the Scottish Ministers are satisfied that the removal
or modification of the provision which restricts the benefit of the
endowment to persons of one sex would be conducive to the advancement
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of education without sex discrimination.
      (3)
The Scottish Ministers may by order make such provision as they think
expedient for removing or modifying the restriction.
      (4)
If the Scottish Ministers propose to make such an order they must publish a
notice in such manner as they think sufficient for giving information to
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persons they think may be interested in the endowment—
(a)
containing particulars of the proposed order;
(b)
stating that representations may be made with respect to the
proposal within such period as is specified in the notice.
      (5)
The period must be not less than one month beginning with the day after the
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date of publication of the notice.
      (6)
The cost of publication is to be paid out of the funds of the endowment to
which the notice relates.
      (7)
Before making an order, the Scottish Ministers—
(a)
must consider representations made in accordance with the notice;
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(b)
may cause a local inquiry to be held into the representations under
section 67 of the Education (Scotland) Act 1980.
      (8)
A reference to an educational endowment includes a reference to—
(a)
a scheme made or approved for the endowment under Part 6 of the
Education (Scotland) Act 1980;
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(b)
in the case of an endowment the governing body of which is entered
in the Scottish Charity Register, a scheme approved for the
endowment under section 39 or 40 of the Charities and Trustee
Investment (Scotland) Act 2005 (asp 10);
(c)
an endowment which is, by virtue of section 108(1) of the Education
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(Scotland) Act 1980, treated as if it were an educational endowment
(or which would, but for the disapplication of that section by section
122(4) of that Act, be so treated);
(d)
a university endowment, the Carnegie Trust, a theological
endowment and a new endowment.
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Equality Bill
Schedule 15 — Associations: reasonable adjustments
184

      (9)
Expressions used in this paragraph and in Part 6 of the Education (Scotland)
Act 1980 have the same meaning in this paragraph as in that Part.
Schedule 15
Section 103

Associations: reasonable adjustments
Preliminary
5
1
This Schedule applies where a duty to make reasonable adjustments is
imposed on an association (A) by this Part.
The duty
2     (1)
A must comply with the first, second and third requirements.
      (2)
For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to
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a disabled person is a reference to disabled persons who—
(a)
are, or are seeking to become or might wish to become, members,
(b)
are associates, or
(c)
are, or are likely to become, guests.
      (3)
In relation to the first and third requirements, the relevant matters are—
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(a)
access to a benefit, facility or service;
(b)
members’ or associates’ retaining their rights as such or avoiding
having them varied;
(c)
being admitted to membership or invited as a guest.
      (4)
In relation to the second requirement, the relevant matters are—
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(a)
access to a benefit, facility or service;
(b)
being admitted to membership or invited as a guest.
      (5)
In relation to the second requirement, a physical feature includes a physical
feature brought by or on behalf of A, in the course of or for the purpose of
providing a benefit, facility or service, on to premises other than those that
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A occupies (as well as including a physical feature in or on premises that A
occupies).
      (6)
Nothing in this paragraph requires A to take a step which would
fundamentally alter—
(a)
the nature of the benefit, facility or service concerned, or
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(b)
the nature of the association.
      (7)
Nor does anything in this paragraph require a member or associate in whose
house meetings of the association take place to make adjustments to a
physical feature of the house.