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Equality Bill


Equality Bill
Part 6 — Education
Chapter 3 — General qualifications bodies

61

 

94      

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

content of the curriculum.

(3)   

A reference to a student, in relation to an institution, is a reference to a person

5

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.

(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

10

Education Act 1992 (c. 13).

(6)   

“Further education”—

(a)   

in relation to England and Wales, has the meaning given in section 2 of

the Education Act 1996 (c. 56);

(b)   

in relation to Scotland, has the meaning given in section 1(3) of the

15

Further and Higher Education (Scotland) Act 1992.

(7)   

“Higher education”—

(a)   

in relation to England and Wales, means education provided by means

of a course of a description mentioned in Schedule 6 to the Education

Reform Act 1988 (c. 40);

20

(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.

25

(10)   

“Local authority” means—

(a)   

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

section 162 of the Education and Inspections Act 2006;

(b)   

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

section.

30

(11)   

“Education authority” has the meaning given by section 135(1) of the

Education (Scotland) Act 1980.

(12)   

Schedule 12 (exceptions) has effect.

Chapter 3

General qualifications bodies

35

95      

Application of this Chapter

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

civil partnership.

 
 

Equality Bill
Part 6 — Education
Chapter 3 — General qualifications bodies

62

 

96      

Qualifications bodies

(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

relevant qualification;

(b)   

as to the terms on which it is prepared to confer a relevant qualification

5

on B;

(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—

(a)   

by withdrawing the qualification from B;

10

(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

qualification, harass—

(a)   

a person who holds the qualification, or

15

(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

relevant qualification;

(b)   

as to the terms on which it is prepared to confer a relevant qualification

20

on B;

(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—

(a)   

by withdrawing the qualification from B;

25

(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—

30

(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

to—

35

(a)   

the desirability of minimising the extent to which disabled persons are

disadvantaged in attaining the qualification because of their

disabilities;

(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

40

conferred;

(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;

45

 
 

Equality Bill
Part 6 — Education
Chapter 4 — Miscellaneous

63

 

(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;

5

(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

10

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.

97      

Interpretation

(1)   

This section applies for the purposes of section 96.

15

(2)   

A qualifications body is an authority or body which can confer a relevant

qualification.

(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;

20

(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 85 applies,

(b)   

it is the governing body of an institution to which section 91 applies,

25

(c)   

it exercises functions under the Education Acts, or

(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.

(6)   

A reference to conferring a relevant qualification includes a reference—

30

(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 96(8), (10) or (11) to a qualification is a reference to a

relevant qualification.

(8)   

Subsection (11) of section 96 applies for the purposes of subsection (3) of this

35

section as it applies for the purposes of subsection (10) of that section.

Chapter 4

Miscellaneous

98      

Reasonable adjustments

Schedule 13 (reasonable adjustments) has effect.

40

 
 

Equality Bill
Part 7 — Associations

64

 

99      

Educational charities and endowments

Schedule 14 (educational charities and endowments) has effect.

Part 7

Associations

Preliminary

5

100     

Application of this Part

(1)   

This Part does not apply to the protected characteristic of marriage and civil

partnership.

(2)   

This Part does not apply to discrimination, harassment or victimisation—

(a)   

that is prohibited by Part 3 (services, etc.), Part 4 (premises), Part 5

10

(work) or Part 6 (education), or

(b)   

that would be so prohibited but for an express exception.

Membership, etc.

101     

Members and associates

(1)   

An association (A) must not discriminate against a person (B)—

15

(a)   

in the arrangements A makes for deciding who to admit to

membership;

(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)—

20

(a)   

in the way A affords B access, or by not affording B access, to a benefit,

facility or service;

(b)   

by depriving B of membership;

(c)   

by varying B’s terms of membership;

(d)   

by subjecting B to any other detriment.

25

(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,

facility or service;

(b)   

by depriving B of B’s rights as an associate;

(c)   

by varying B’s rights as an associate;

30

(d)   

by subjecting B to any other detriment.

(4)   

An association must not harass—

(a)   

a member;

(b)   

a person seeking to become a member;

(c)   

an associate.

35

(5)   

An association (A) must not victimise a person (B)—

(a)   

in the arrangements A makes for deciding who to admit to

membership;

(b)   

as to the terms on which A is prepared to admit B to membership;

 
 

Equality Bill
Part 7 — Associations

65

 

(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,

facility or service;

(b)   

by depriving B of membership;

5

(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,

facility or service;

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.

102     

Guests

(1)   

An association (A) must not discriminate against a person (B)—

15

(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

invited, as a guest;

(c)   

by not inviting B, or not permitting B to be invited, as a guest.

20

(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,

facility or service;

(b)   

by subjecting B to any other detriment.

25

(3)   

An association must not harass—

(a)   

a guest;

(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

30

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

invited, as a guest;

(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

35

permission (whether express or implied)—

(a)   

in the way A affords B access, or by not affording B access, to a benefit,

facility or service;

(b)   

by subjecting B to any other detriment.

103     

Sections 101 and 102: further provision

40

(1)   

A duty to make reasonable adjustments applies to an association.

(2)   

In the application of section 26 for the purposes of section 101(4) or 102(3),

neither of the following is a relevant protected characteristic—

 
 

Equality Bill
Part 7 — Associations

66

 

(a)   

religion or belief;

(b)   

sexual orientation.

Special provision for political parties

104     

Selection of candidates

(1)   

This section applies to an association which is a registered political party.

5

(2)   

A person does not contravene this Part only by acting in accordance with

selection arrangements.

(3)   

Selection arrangements are arrangements—

(a)   

which the party makes for regulating the selection of its candidates in a

relevant election, and

10

(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—

(a)   

the number of the party’s candidates elected to be members of the body

15

who share a protected characteristic, and

(b)   

the number of the party’s candidates so elected who do not share that

characteristic.

(5)   

For the purposes of subsection (4), persons share the protected characteristic of

disability if they are disabled persons (and section 6(3)(b) is accordingly to be

20

ignored).

(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—

25

(a)   

Parliamentary elections;

(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

30

204 of the Representation of the People Act 1983 (excluding elections

for the Mayor of London).

105     

Time-limited provision

(1)   

Section 104(7) is repealed at the end of 2030 unless an order is made under

subsection (2).

35

(2)   

At any time before the end of 2030, a Minister of the Crown may by order

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”.

40

 
 

Equality Bill
Part 8 — Prohibited conduct: ancillary

67

 

(4)   

The substitution made by subsection (3) does not affect the power to substitute

a later time by order under section 3 of that Act.

Supplementary

106     

Interpretation and exceptions

(1)   

This section applies for the purposes of this Part.

5

(2)   

An “association” is an association of persons—

(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

10

substitute a different number for that for the time being specified there.

(4)   

It does not matter—

(a)   

whether an association is incorporated;

(b)   

whether its activities are carried on for profit.

(5)   

Membership is membership of any description; and a reference to a member is

15

to be construed accordingly.

(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.

20

(7)   

A reference to a registered political party is a reference to a party registered in

the Great Britain register under Part 2 of the Political Parties, Elections and

Referendums Act 2000.

(8)   

Schedule 15 (reasonable adjustments) has effect.

(9)   

Schedule 16 (exceptions) has effect.

25

Part 8

Prohibited conduct: ancillary

107     

Relationships that have ended

(1)   

A person (A) must not discriminate against another (B) if—

(a)   

the discrimination arises out of and is closely connected to a

30

relationship which used to exist between them, and

(b)   

conduct of a description constituting the discrimination would, if it

occurred during the relationship, contravene this Act.

(2)   

A person (A) must not harass another (B) if—

(a)   

the harassment arises out of and is closely connected to a relationship

35

which used to exist between them, and

(b)   

conduct of a description constituting the harassment would, if it

occurred during the relationship, contravene this Act.

 
 

 
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