|
| |
|
(b) | compliance by the body with the order. |
| |
(6) | A direction may be given in relation to sub-paragraph (1) or (2) even if the |
| |
performance of the duty is contingent on the opinion of the responsible |
| |
| |
(7) | A direction may not, unless sub-paragraph (8) applies, be given to the |
| 5 |
responsible body of a school in England in respect of a matter— |
| |
(a) | that has been complained about to a Local Commissioner in |
| |
accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, |
| |
Children and Learning Act 2009 (parental complaints against |
| |
governing bodies etc.), or |
| 10 |
(b) | that the appropriate authority thinks could have been so complained |
| |
| |
(8) | This sub-paragraph applies if— |
| |
(a) | the Local Commissioner has made a recommendation to the |
| |
responsible body under section 211(4) of the Apprenticeships, Skills, |
| 15 |
Children and Learning Act 2009 (statement following investigation) |
| |
in respect of the matter, and |
| |
(b) | the responsible body has not complied with the recommendation. |
| |
| |
(a) | may be varied or revoked by the appropriate authority; |
| 20 |
(b) | may be enforced, on the application of the appropriate authority, by |
| |
a mandatory order obtained in accordance with section 31 of the |
| |
| |
(10) | The appropriate authority is— |
| |
(a) | in relation to the responsible body of a school in England, the |
| 25 |
| |
(b) | in relation to the responsible body of a school in Wales, the Welsh |
| |
| |
| |
6 (1) | This paragraph applies for the purposes of this Schedule. |
| 30 |
(2) | Regulations may prescribe services which are, or are not, to be regarded as |
| |
| |
| |
(b) | a benefit, facility or service. |
| |
(3) | The power to make regulations is exercisable by— |
| 35 |
(a) | in relation to England, a Minister of the Crown; |
| |
(b) | in relation to Wales, the Welsh Ministers. |
| |
(4) | “Disabled pupil” includes a disabled person who may be admitted to the |
| |
| |
(5) | “Responsible body” means— |
| 40 |
(a) | in relation to a maintained school or a maintained nursery school, the |
| |
local authority or governing body; |
| |
(b) | in relation to a pupil referral unit, the local authority; |
| |
(c) | in relation to an independent educational institution, the proprietor; |
| |
|
| |
|
| |
|
(d) | in relation to a special school not maintained by a local authority, the |
| |
| |
(6) | “Governing body”, in relation to a maintained school, means the body |
| |
corporate (constituted in accordance with regulations under section 19 of the |
| |
Education Act 2002 (c. 32)) which the school has as a result of that section. |
| 5 |
(7) | “Maintained school” has the meaning given in section 20 of the School |
| |
Standards and Framework Act 1998; and “maintained nursery school” has |
| |
the meaning given in section 22 of that Act. |
| |
| |
| |
| 10 |
| |
| |
Admission to single-sex schools |
| |
1 (1) | Section 85(1), so far as relating to sex, does not apply in relation to a single- |
| |
| 15 |
(2) | A single-sex school is a school which— |
| |
(a) | admits pupils of one sex only, or |
| |
(b) | on the basis of the assumption in sub-paragraph (3), would be taken |
| |
to admit pupils of one sex only. |
| |
(3) | That assumption is that pupils of the opposite sex are to be disregarded if— |
| 20 |
(a) | their admission to the school is exceptional, or |
| |
(b) | their numbers are comparatively small and their admission is |
| |
confined to particular courses or classes. |
| |
(4) | In the case of a school which is a single-sex school by virtue of sub- |
| |
paragraph (3)(b), section 85(2)(a) to (d), so far as relating to sex, does not |
| 25 |
prohibit confining pupils of the same sex to particular courses or classes. |
| |
Single-sex boarding at schools |
| |
2 (1) | Section 85(1), so far as relating to sex, does not apply in relation to admission |
| |
as a boarder to a school to which this paragraph applies. |
| |
(2) | Section 85(2)(a) to (d), so far as relating to sex, does not apply in relation to |
| 30 |
boarding facilities at a school to which this paragraph applies. |
| |
(3) | This paragraph applies to a school (other than a single-sex school) which has |
| |
some pupils as boarders and others as non-boarders and which— |
| |
(a) | admits as boarders pupils of one sex only, or |
| |
(b) | on the basis of the assumption in sub-paragraph (4), would be taken |
| 35 |
to admit as boarders pupils of one sex only. |
| |
(4) | That assumption is that pupils of the opposite sex admitted as boarders are |
| |
to be disregarded if their numbers are small compared to the numbers of |
| |
other pupils admitted as boarders. |
| |
|
| |
|
| |
|
Single-sex schools turning co-educational |
| |
3 (1) | If the responsible body of a single-sex school decides to alter its admissions |
| |
arrangements so that the school will cease to be a single-sex school, the body |
| |
may apply for a transitional exemption order in relation to the school. |
| |
(2) | If the responsible body of a school to which paragraph 2 applies decides to |
| 5 |
alter its admissions arrangements so that the school will cease to be one to |
| |
which that paragraph applies, the body may apply for a transitional |
| |
exemption order in relation to the school. |
| |
(3) | A transitional exemption order in relation to a school is an order which, |
| |
during the period specified in the order as the transitional period, |
| 10 |
| |
(a) | sex discrimination by the responsible body of the school in the |
| |
arrangements it makes for deciding who is offered admission as a |
| |
| |
(b) | the responsible body, in the circumstances specified in the order, not |
| 15 |
to admit a person as a pupil because of the person’s sex. |
| |
(4) | Paragraph 4 applies in relation to the making of transitional exemption |
| |
| |
(5) | The responsible body of a school does not contravene this Act, so far as |
| |
relating to sex discrimination, if— |
| 20 |
(a) | in accordance with a transitional exemption order, or |
| |
(b) | pending the determination of an application for a transitional |
| |
exemption order in relation to the school, |
| |
| it does not admit a person as a pupil because of the person’s sex. |
| |
4 (1) | In the case of a maintained school within the meaning given by section 32 of |
| 25 |
the Education and Inspections Act 2006 (c. 40), a transitional exemption |
| |
order may be made in accordance with such provision as is made in |
| |
regulations under section 21 of that Act (orders made by local authority or |
| |
adjudicator in relation to schools in England). |
| |
(2) | In the case of a school in Wales maintained by a local authority, a transitional |
| 30 |
exemption order may be made in accordance with paragraph 22 of Schedule |
| |
6, or paragraph 17 of Schedule 7, to the School Standards and Framework |
| |
Act 1998 (c. 31) (orders made by Welsh Ministers). |
| |
(3) | In the case of a school in Scotland managed by an education authority or in |
| |
respect of which the managers are for the time being receiving grants under |
| 35 |
section 73(c) or (d) of the Education (Scotland) Act 1980— |
| |
(a) | the responsible body may submit to the Scottish Ministers an |
| |
application for the making of a transitional exemption order, and |
| |
(b) | the Scottish Ministers may make the order. |
| |
(4) | Where, under section 113A of the Learning and Skills Act 2000 (c. 21), the |
| 40 |
Learning and Skills Council for England make proposals to the Secretary of |
| |
State for an alteration in the admissions arrangements of a single-sex school |
| |
or a school to which paragraph 2 applies— |
| |
(a) | the making of the proposals is to be treated as an application to the |
| |
Secretary of State for the making of a transitional exemption order, |
| 45 |
| |
(b) | the Secretary of State may make the order. |
| |
|
| |
|
| |
|
(5) | Where proposals are made to the Welsh Ministers under section 113A of the |
| |
Learning and Skills Act 2000 (c. 21) for an alteration in the admissions |
| |
arrangements of a single-sex school or a school to which paragraph 2 |
| |
| |
(a) | the making of the proposals is to be treated as an application to the |
| 5 |
Welsh Ministers for the making of a transitional exemption order, |
| |
| |
(b) | the Welsh Ministers may make the order. |
| |
(6) | In the case of a school in England or Wales not coming within sub-paragraph |
| |
(1), (2), (4) or (5) or an independent school in Scotland— |
| 10 |
(a) | the responsible body may submit to the Commission an application |
| |
for the making of a transitional exemption order, and |
| |
(b) | the Commission may make the order. |
| |
(7) | An application under sub-paragraph (6) must specify— |
| |
(a) | the period proposed by the responsible body as the transitional |
| 15 |
period to be specified in the order, |
| |
(b) | the stages within that period by which the body proposes to move to |
| |
the position where section 85(1)(a) and (c), so far as relating to sex, is |
| |
| |
(c) | any other matters relevant to the terms and operation of the order |
| 20 |
| |
(8) | The Commission must not make an order on an application under sub- |
| |
paragraph (6) unless satisfied that the terms of the application are |
| |
reasonable, having regard to— |
| |
(a) | the nature of the school’s premises, |
| 25 |
(b) | the accommodation, equipment and facilities available, and |
| |
(c) | the responsible body’s financial resources. |
| |
| |
Religious or belief-related discrimination |
| |
School with religious character etc. |
| 30 |
5 | Section 85(1) and (2)(a) to (d), so far as relating to religion or belief, does not |
| |
| |
(a) | a school designated under section 69(3) of the School Standards and |
| |
Framework Act 1998 (c. 31) (foundation or voluntary school with |
| |
| 35 |
(b) | a school listed in the register of independent schools for England or |
| |
for Wales, if the school’s entry in the register records that the school |
| |
| |
(c) | a school transferred to an education authority under section 16 of the |
| |
Education (Scotland) Act 1980 (transfer of certain schools to |
| 40 |
education authorities) which is conducted in the interest of a church |
| |
| |
(d) | a school provided by an education authority under section 17(2) of |
| |
that Act (denominational schools); |
| |
(e) | a grant-aided school (within the meaning of that Act) which is |
| 45 |
conducted in the interest of a church or denominational body; |
| |
|
| |
|
| |
|
(f) | a school registered in the register of independent schools for |
| |
Scotland if the school admits only pupils who belong, or whose |
| |
parents belong, to one or more particular denominations; |
| |
(g) | a school registered in that register if the school is conducted in the |
| |
interest of a church or denominational body. |
| 5 |
Curriculum, worship, etc. |
| |
6 | Section 85(2)(a) to (d), so far as relating to religion or belief, does not apply |
| |
in relation to anything done in connection with acts of worship or other |
| |
religious observance organised by or on behalf of a school (whether or not |
| |
forming part of the curriculum). |
| 10 |
| |
7 (1) | A Minister of the Crown may by order amend this Part of this Schedule— |
| |
(a) | so as to add, vary or omit an exception to section 85; |
| |
(b) | so as to make provision about the construction or application of |
| |
section 19(2)(d) in relation to section 85. |
| 15 |
(2) | The power under sub-paragraph (1) is exercisable only in relation to |
| |
religious or belief-related discrimination. |
| |
(3) | Before making an order under this paragraph the Minister must consult— |
| |
| |
(b) | the Scottish Ministers, and |
| 20 |
(c) | such other persons as the Minister thinks appropriate. |
| |
| |
Disability discrimination |
| |
Permitted form of selection |
| |
8 (1) | A person does not contravene section 85(1), so far as relating to disability, |
| 25 |
only by applying a permitted form of selection. |
| |
(2) | In relation to England and Wales, a permitted form of selection is— |
| |
(a) | in the case of a maintained school which is not designated as a |
| |
grammar school under section 104 of the School Standards and |
| |
Framework Act 1998 (c. 31), a form of selection mentioned in section |
| 30 |
99(2) or (4) of that Act; |
| |
(b) | in the case of a maintained school which is so designated, its selective |
| |
admission arrangements (within the meaning of section 104 of that |
| |
| |
(c) | in the case of an independent educational institution, arrangements |
| 35 |
which provide for some or all of its pupils to be selected by reference |
| |
to general or special ability or aptitude, with a view to admitting only |
| |
pupils of high ability or aptitude. |
| |
(3) | In relation to Scotland, a permitted form of selection is— |
| |
(a) | in the case of a school managed by an education authority, |
| 40 |
arrangements approved by the Scottish Ministers for the selection of |
| |
| |
|
| |
|
| |
|
(b) | in the case of an independent school, arrangements which provide |
| |
for some or all of its pupils to be selected by reference to general or |
| |
special ability or aptitude, with a view to admitting only pupils of |
| |
high ability or aptitude. |
| |
(4) | “Maintained school” has the meaning given in section 22 of the School |
| 5 |
Standards and Framework Act 1998. |
| |
| |
| |
Further and higher education exceptions |
| |
| |
Single-sex institutions, etc. |
| 10 |
Admission to single-sex institutions |
| |
1 (1) | Section 91(1), so far as relating to sex, does not apply in relation to a single- |
| |
| |
(2) | A single-sex institution is an institution to which section 91 applies, which— |
| |
(a) | admits students of one sex only, or |
| 15 |
(b) | on the basis of the assumption in sub-paragraph (3), would be taken |
| |
to admit students of one sex only. |
| |
(3) | That assumption is that students of the opposite sex are to be disregarded |
| |
| |
(a) | their admission to the institution is exceptional, or |
| 20 |
(b) | their numbers are comparatively small and their admission is |
| |
confined to particular courses or classes. |
| |
(4) | In the case of an institution which is a single-sex institution by virtue of sub- |
| |
paragraph (3)(b), section 91(2)(a) to (d), so far as relating to sex, does not |
| |
prohibit confining students of the same sex to particular courses or classes. |
| 25 |
Single-sex institutions turning co-educational |
| |
2 (1) | If the responsible body of a single-sex institution decides to alter its |
| |
admissions arrangements so that the institution will cease to be a single-sex |
| |
institution, the body may apply for a transitional exemption order in relation |
| |
| 30 |
(2) | A transitional exemption order relating to an institution is an order which, |
| |
during the period specified in the order as the transitional period, |
| |
| |
(a) | sex discrimination by the responsible body of the institution in the |
| |
arrangements it makes for deciding who is offered admission as a |
| 35 |
| |
(b) | the responsible body, in the circumstances specified in the order, not |
| |
to admit a person as a student because of the person’s sex. |
| |
(3) | Paragraph 3 applies in relation to the making of a transitional exemption |
| |
| 40 |
|
| |
|
| |
|
(4) | The responsible body of an institution does not contravene this Act, so far as |
| |
relating to sex discrimination, if — |
| |
(a) | in accordance with a transitional exemption order, or |
| |
(b) | pending the determination of an application for a transitional |
| |
exemption order in relation to the institution, |
| 5 |
| it does not admit a person as a student because of the person’s sex. |
| |
(5) | The responsible body of an institution does not contravene this Act, so far as |
| |
relating to sex discrimination, if — |
| |
(a) | in accordance with a transitional exemption order, or |
| |
(b) | pending the determination of an application for a transitional |
| 10 |
exemption order in relation to the institution, |
| |
| it discriminates in the arrangements it makes for deciding who is offered |
| |
| |
3 (1) | In the case of a single-sex institution— |
| |
(a) | its responsible body may submit to the Commission an application |
| 15 |
for the making of a transitional exemption order, and |
| |
(b) | the Commission may make the order. |
| |
(2) | An application under sub-paragraph (1) must specify— |
| |
(a) | the period proposed by the responsible body as the transitional |
| |
period to be specified in the order, |
| 20 |
(b) | the stages, within that period, by which the body proposes to move |
| |
to the position where section 91(1)(a) and (c), so far as relating to sex, |
| |
| |
(c) | any other matters relevant to the terms and operation of the order |
| |
| 25 |
(3) | The Commission must not make an order on an application under sub- |
| |
paragraph (1) unless satisfied that the terms of the application are |
| |
reasonable, having regard to— |
| |
(a) | the nature of the institution’s premises, |
| |
(b) | the accommodation, equipment and facilities available, and |
| 30 |
(c) | the responsible body’s financial resources. |
| |
| |
| |
Occupational requirements |
| |
4 | A person (P) does not contravene section 91(1) or (2) if P shows that P’s |
| 35 |
treatment of another person relates only to training that would help fit that |
| |
other person for work the offer of which the other person could be refused |
| |
in reliance on Part 1 of Schedule 9. |
| |
Institutions with a religious ethos |
| |
5 (1) | The responsible body of an institution which is designated for the purposes |
| 40 |
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 |
| |
| |
(a) | it gives preference to persons of a particular religion or belief, |
| |
|
| |
|