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Equality Bill


Equality Bill
Part 6 — Education
Chapter 1 — Schools

54

 

(b)   

references to associated employers are to be ignored.

(4)   

A reference to an employer or an employee, or to employing or being

employed, is (subject to section 204(10)) to be read with subsections (2) and (3);

and a reference to an employer also includes a reference to a person who has

no employees but is seeking to employ one or more other persons.

5

(5)   

“Relevant member of the House of Commons staff” has the meaning given in

section 195 of the Employment Rights Act 1996; and such a member of staff is

an employee of—

(a)   

the person who is the employer of that member under subsection (6) of

that section, or

10

(b)   

if subsection (7) of that section applies in the case of that member, the

person who is the employer of that member under that subsection.

(6)   

“Relevant member of the House of Lords staff” has the meaning given in

section 194 of that Act (which provides that such a member of staff is an

employee of the Corporate Officer of the House of Lords).

15

(7)   

In the case of a person in Crown employment, or in employment as a relevant

member of the House of Commons staff, a reference to the person’s dismissal

is a reference to the termination of the person’s employment.

(8)   

A reference to a personal or public office, or to an appointment to a personal or

public office, is to be construed in accordance with section 52.

20

(9)   

“Crown employment” has the meaning given in section 191 of the Employment

Rights Act 1996.

(10)   

Schedule 8 (reasonable adjustments) has effect.

(11)   

Schedule 9 (exceptions) has effect.

Part 6

25

Education

Chapter 1

Schools

84      

Application of this Chapter

This Chapter does not apply to the following protected characteristics—

30

(a)   

age;

(b)   

marriage and civil partnership;

(c)   

pregnancy and maternity.

85      

Pupils: admission and treatment, etc.

(1)   

The responsible body of a school to which this section applies must not

35

discriminate against a person—

(a)   

in the arrangements it makes for deciding who is offered admission as

a pupil;

(b)   

as to the terms on which it offers to admit the person as a pupil;

(c)   

by not admitting the person as a pupil.

40

 
 

Equality Bill
Part 6 — Education
Chapter 1 — Schools

55

 

(2)   

The responsible body of such a school must not discriminate against a pupil—

(a)   

in the way it provides education for the pupil;

(b)   

in the way it affords the pupil access to a benefit, facility or service;

(c)   

by not providing education for the pupil;

(d)   

by not affording the pupil access to a benefit, facility or service;

5

(e)   

by excluding the pupil from the school;

(f)   

by subjecting the pupil to any other detriment.

(3)   

The responsible body of such a school must not harass—

(a)   

a pupil;

(b)   

a person who has applied for admission as a pupil.

10

(4)   

The responsible body of such a school must not victimise a person—

(a)   

in the arrangements it makes for deciding who is offered admission as

a pupil;

(b)   

as to the terms on which it offers to admit the person as a pupil;

(c)   

by not admitting the person as a pupil.

15

(5)   

The responsible body of such a school must not victimise a pupil—

(a)   

in the way it provides education for the pupil;

(b)   

in the way it affords the pupil access to a benefit, facility or service;

(c)   

by not providing education for the pupil;

(d)   

by not affording the pupil access to a benefit, facility or service;

20

(e)   

by excluding the pupil from the school;

(f)   

by subjecting the pupil to any other detriment.

(6)   

A duty to make reasonable adjustments applies to the responsible body of such

a school.

(7)   

In relation to England and Wales, this section applies to—

25

(a)   

a school maintained by a local authority;

(b)   

an independent educational institution (other than a special school);

(c)   

a special school (not maintained by a local authority).

(8)   

In relation to Scotland, this section applies to—

(a)   

a school managed by an education authority;

30

(b)   

an independent school;

(c)   

a school 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.

(9)   

The responsible body of a school to which this section applies is—

35

(a)   

if the school is within subsection (7)(a), the local authority or governing

body;

(b)   

if it is within subsection (7)(b) or (c), the proprietor;

(c)   

if it is within subsection (8)(a), the education authority;

(d)   

if it is within subsection (8)(b), the proprietor;

40

(e)   

if it is within subsection (8)(c), the managers.

(10)   

In the application of section 26 for the purposes of subsection (3), none of the

following is a relevant protected characteristic—

(a)   

gender reassignment;

(b)   

religion or belief;

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Equality Bill
Part 6 — Education
Chapter 1 — Schools

56

 

(c)   

sexual orientation.

86      

Victimisation of pupils, etc. for conduct of parents, etc.

(1)   

This section applies for the purposes of section 27 in its application to section

85(4) or (5).

(2)   

The references to B in paragraphs (a) and (b) of subsection (1) of section 27

5

include a reference to a parent or sibling of the child in question.

(3)   

Giving false evidence or information, or making a false allegation, in good faith

is not a protected act in a case where—

(a)   

the evidence or information is given, or the allegation is made, by a

parent or sibling of the child, and

10

(b)   

the child has acted in bad faith.

(4)   

Giving false evidence or information, or making a false allegation, in bad faith,

is a protected act in a case where—

(a)   

the evidence or information is given, or the allegation is made, by a

parent or sibling of the child, and

15

(b)   

the child has acted in good faith.

(5)   

In this section—

“child” means a person who has not attained the age of 18;

“sibling” means a brother or sister, a half-brother or half-sister, or a

stepbrother or stepsister.

20

87      

Application of certain powers under Education Act 1996

(1)   

Sections 496 and 497 of the Education Act 1996 (c. 56) (powers to give

directions where responsible body of school in default of obligations, etc.)

apply to the performance of a duty under section 85.

(2)   

But neither of sections 496 and 497 of that Act applies to the performance of a

25

duty under that section by the proprietor of an independent educational

institution (other than a special school).

88      

Disabled pupils: accessibility

Schedule 10 (accessibility) has effect.

89      

Interpretation and exceptions

30

(1)   

This section applies for the purposes of this Chapter.

(2)   

Nothing in this Chapter applies to anything done in connection with the

content of the curriculum.

(3)   

“Pupil”—

(a)   

in relation to England and Wales, has the meaning given in section 3(1)

35

of the Education Act 1996;

(b)   

in relation to Scotland, has the meaning given in section 135(1) of the

Education (Scotland) Act 1980 (c. 44).

(4)   

“Proprietor”—

 
 

Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education

57

 

(a)   

in relation to a school in England and Wales, has the meaning given in

section 579(1) of the Education Act 1996 (c. 56);

(b)   

in relation to a school in Scotland, has the meaning given in section

135(1) of the Education (Scotland) Act 1980.

(5)   

“School”—

5

(a)   

in relation to England and Wales, has the meaning given in section 4 of

the Education Act 1996;

(b)   

in relation to Scotland, has the meaning given in section 135(1) of the

Education (Scotland) Act 1980 (c. 44).

(6)   

A reference to a school includes a reference to an independent educational

10

institution in England; and a reference to an independent educational

institution in England is to be construed in accordance with Chapter 1 of Part

4 of the Education and Skills Act 2008.

(7)   

A reference to an independent educational institution is a reference to—

(a)   

an independent educational institution in England, or

15

(b)   

an independent school in Wales.

(8)   

“Independent school”—

(a)   

in relation to Wales, has the meaning given in section 463 of the

Education Act 1996;

(b)   

in relation to Scotland, has the meaning given in section 135(1) of the

20

Education (Scotland) Act 1980.

(9)   

“Special school” has the meaning given in section 337 of the Education Act

1996.

(10)   

“Local authority” means—

(a)   

in relation to England, an English local authority within the meaning of

25

section 162 of the Education and Inspections Act 2006;

(b)   

in relation to Wales, a Welsh local authority within the meaning of that

section.

(11)   

“Education authority”, in relation to Scotland, has the meaning given in section

135(1) of the Education (Scotland) Act 1980.

30

(12)   

Schedule 11 (exceptions) has effect.

Chapter 2

Further and higher education

90      

Application of this Chapter

This Chapter does not apply to the protected characteristic of marriage and

35

civil partnership.

91      

Students: admission and treatment, etc.

(1)   

The responsible body of an institution to which this section applies must not

discriminate against a person—

(a)   

in the arrangements it makes for deciding who is offered admission as

40

a student;

 
 

Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education

58

 

(b)   

as to the terms on which it offers to admit the person as a student;

(c)   

by not admitting the person as a student.

(2)   

The responsible body of such an institution must not discriminate against a

student—

(a)   

in the way it provides education for the student;

5

(b)   

in the way it affords the student access to a benefit, facility or service;

(c)   

by not providing education for the student;

(d)   

by not affording the student access to a benefit, facility or service;

(e)   

by excluding the student;

(f)   

by subjecting the student to any other detriment.

10

(3)   

The responsible body of such an institution must not harass—

(a)   

a student;

(b)   

a person who has applied for admission as a student.

(4)   

The responsible body of such an institution must not victimise a person—

(a)   

in the arrangements it makes for deciding who is offered admission as

15

a student;

(b)   

as to the terms on which it offers to admit the person as a student;

(c)   

by not admitting the person as a student.

(5)   

The responsible body of such an institution must not victimise a student—

(a)   

in the way it provides education for the student;

20

(b)   

in the way it affords the student access to a benefit, facility or service;

(c)   

by not providing education for the student;

(d)   

by not affording the student access to a benefit, facility or service;

(e)   

by excluding the student;

(f)   

by subjecting the student to any other detriment.

25

(6)   

A duty to make reasonable adjustments applies to the responsible body of such

an institution.

(7)   

In relation to England and Wales, this section applies to—

(a)   

a university;

(b)   

any other institution within the higher education sector;

30

(c)   

an institution within the further education sector.

(8)   

In relation to Scotland, this section applies to—

(a)   

a university;

(b)   

a designated institution;

(c)   

a college of further education.

35

(9)   

A responsible body is—

(a)   

in the case of an institution within subsection (7)(a), (b) or (c), the

governing body;

(b)   

in the case of an institution within subsection (8)(a) or (b), the

governing body;

40

(c)   

in the case of a college of further education under the management of a

board of management, the board of management;

(d)   

in the case of any other college of further education, any board of

governors of the college or any person responsible for the management

 
 

Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education

59

 

of the college, whether or not formally constituted as a governing body

or board of governors.

92      

Further and higher education courses

(1)   

The responsible body in relation to a course to which this section applies must

not discriminate against a person—

5

(a)   

in the arrangements it makes for deciding who is enrolled on the

course;

(b)   

as to the terms on which it offers to enrol the person on the course;

(c)   

by not accepting the person’s application for enrolment.

(2)   

The responsible body in relation to such a course must not discriminate against

10

a person who is enrolled on the course in the services it provides or offers to

provide.

(3)   

The responsible body in relation to such a course must not harass a person

who—

(a)   

seeks enrolment on the course;

15

(b)   

is enrolled on the course;

(c)   

is a user of services provided by the body in relation to the course.

(4)   

The responsible body in relation to such a course must not victimise a person—

(a)   

in the arrangements it makes for deciding who is enrolled on the

course;

20

(b)   

as to the terms on which it offers to enrol the person on the course;

(c)   

by not accepting the person’s application for enrolment.

(5)   

The responsible body in relation to such a course must not victimise a person

who is enrolled on the course in the services it provides or offers to provide.

(6)   

A duty to make reasonable adjustments applies to the responsible body.

25

(7)   

This section applies to—

(a)   

a course of further or higher education secured by a responsible body

in England or Wales;

(b)   

a course of education provided by the governing body of a maintained

school under section 80 of the School Standards and Framework Act

30

1998 (c. 31);

(c)   

a course of further education secured by an education authority in

Scotland.

(8)   

A responsible body is—

(a)   

a local authority in England or Wales, for the purposes of subsection

35

(7)(a);

(b)   

the governing body of a maintained school, for the purposes of

subsection (7)(b);

(c)   

an education authority in Scotland, for the purposes of subsection

(7)(c).

40

(9)   

In this section—

“course”, in relation to further education, includes each component part

of a course if there is no requirement imposed on persons registered for

a component part of the course to register for another component part

of the course;

45

 
 

Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education

60

 

“enrolment” includes registration for a component part of a course;

“maintained school” has the meaning given in section 20(7) of the School

Standards and Framework Act 1998;

“services” means services of any description which are provided wholly

or mainly for persons enrolled on a course to which this section applies.

5

93      

Recreational or training facilities

(1)   

The responsible body in relation to facilities to which this section applies must

not discriminate against a person—

(a)   

in the arrangements it makes for deciding who is provided with the

facilities;

10

(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.

(2)   

The responsible body in relation to such facilities must not discriminate against

a person who is provided with the facilities in the services it provides or offers

to provide.

15

(3)   

The responsible body in relation to such facilities must not harass a person

who—

(a)   

seeks to have the facilities provided;

(b)   

is provided with the facilities;

(c)   

is a user of services provided by the body in relation to the facilities.

20

(4)   

The responsible body in relation to such facilities must not victimise a person—

(a)   

in the arrangements it makes for deciding who is provided with the

facilities;

(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.

25

(5)   

The responsible body in relation to such facilities must not victimise a person

who is provided with the facilities in the services it provides or offers to

provide.

(6)   

A duty to make reasonable adjustments applies to the responsible body.

(7)   

This section applies to—

30

(a)   

facilities secured by a local authority in England under section 507A or

507B of the Education Act 1996 (c. 56);

(b)   

facilities secured by a local authority in Wales under section 508 of that

Act;

(c)   

recreational or training facilities provided by an education authority in

35

Scotland.

(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

40

(7)(c).

(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.

 
 

 
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