Equality Bill

House of Lords

Session 2009 - 10
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Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 13 — Education: reasonable adjustments
182

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 91(1), so far as relating to
religion or belief, if, in the admission of students to a course at the
institution—
5
(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.
      (2)
A Minister of the Crown may by order designate an institution if satisfied
that the institution has a religious ethos.
10
Benefits dependent on marital status, etc.
6
A person does not contravene section 91, so far as relating to sexual
orientation, by providing married persons and civil partners (to the
exclusion of all other persons) with access to a benefit, facility or service.
Child care
15
7     (1)
A person does not contravene section 91(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.
      (2)
Facilitating the provision of care for a child includes—
(a)
paying for some or all of the cost of the provision;
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(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
the child or otherwise assisting the parent with respect to the care
that the parent provides for the child.
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      (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
Section 98

Education: reasonable adjustments
Preliminary
30
1
This Schedule applies where a duty to make reasonable adjustments is
imposed on A by this Part.
The duty for schools
2     (1)
This paragraph applies where A is the responsible body of a school to which
section 85 applies.
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      (2)
A must comply with the first requirement.

Equality Bill
Schedule 13 — Education: reasonable adjustments
183

      (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
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;
5
(b)
provision of education or access to a benefit, facility or service.
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 91 applies.
      (2)
A must comply with the first, second and third requirements.
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      (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
of A;
(b)
the reference in section 20(4) to a physical feature is a reference to a
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physical feature of premises occupied by A;
(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—
20
(a)
deciding who is offered admission as a student;
(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.
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4     (1)
An interested disabled person is a disabled person who, in relation to a
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

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qualification.
the person may be, an applicant for the

conferment of the qualification.

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

of the qualification.

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A person on whom A confers the

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
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for the purpose of determining whether or not a person has a particular level
of competence or ability.

Equality Bill
Schedule 13 — Education: reasonable adjustments
184

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 92 applies.
      (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
5
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
reference to a provision, criterion or practice applied by or on behalf
of A;
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(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—
(a)
arrangements for enrolling persons on a course of further or higher
education secured by A;
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(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
facilities to which section 93 applies.
      (2)
A must comply with the first, second and third requirements.
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      (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
of A;
(b)
the reference in section 20(4) to a physical feature is a reference to a
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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.
Code of practice
7
In deciding whether it is reasonable for A to have to take a step for the
30
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.
Confidentiality requests
8     (1)
This paragraph applies if a person has made a confidentiality request of
35
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
must have regard to the extent to which taking the step is consistent with the
request.
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      (3)
In a case within paragraph 2, a “confidentiality request” is a request—

Equality Bill
Schedule 14 — Educational charities and endowments
185

(a)
that the nature or existence of a disabled person’s disability be
treated as confidential, and
(b)
which satisfies either of the following conditions.
      (4)
The first condition is that the request is made by the person’s parent.
      (5)
The second condition is that—
5
(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
disabled person that the nature or existence of the person’s disability be
10
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 96.
      (2)
Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a
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qualifications body as they apply to a responsible body.
      (3)
This paragraph is subject to section 96(7).
Schedule 14
Section 99

Educational charities and endowments
Educational charities
20
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 85 or 91 applies, and
(b)
which in any way restricts the benefits available under the
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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
be conducive to the advancement of education without sex discrimination.
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      (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
effect.
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      (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—

Equality Bill
Schedule 14 — Educational charities and endowments
186

(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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      (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);

Equality Bill
Schedule 15 — Associations: reasonable adjustments
187

(c)
an endowment which is, by virtue of section 108(1) of the Education
(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
5
endowment and a new endowment.
      (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 106

Associations: reasonable adjustments
10
Preliminary
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.
15
      (2)
For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to
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.
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      (3)
In relation to the first and third requirements, the relevant matters are—
(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.
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      (4)
In relation to the second requirement, the relevant matters are—
(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
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providing a benefit, facility or service, on to premises other than those that
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—
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(a)
the nature of the benefit, facility or service concerned, or
(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.
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