Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Schedule 10 — Accessibility for disabled pupils
181

(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
body.
      (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
about.
      (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.
      (9)
A direction—
(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
Senior Courts Act 1981.
     (10)
The appropriate authority is—
(a)
in relation to the responsible body of a school in England, the
25
Secretary of State;
(b)
in relation to the responsible body of a school in Wales, the Welsh
Ministers.
Supplementary
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
being—
(a)
education;
(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
school as a pupil.
      (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;

Equality Bill
Schedule 11 — Schools: exceptions
Part 1 — Sex discrimination
182

(d)
in relation to a special school not maintained by a local authority, the
proprietor.
      (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.
Schedule 11
Section 89

Schools: exceptions
10
Part 1
Sex discrimination
Admission to single-sex schools
1     (1)
Section 85(1), so far as relating to sex, does not apply in relation to a single-
sex school.
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.

Equality Bill
Schedule 11 — Schools: exceptions
Part 1 — Sex discrimination
183

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
authorises—
(a)
sex discrimination by the responsible body of the school in the
arrangements it makes for deciding who is offered admission as a
pupil;
(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
orders.
      (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
and
(b)
the Secretary of State may make the order.

Equality Bill
Schedule 11 — Schools: exceptions
Part 2 — Religious or belief-related discrimination
184

      (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
applies—
(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,
and
(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
complied with, and
(c)
any other matters relevant to the terms and operation of the order
20
applied for.
      (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.
Part 2
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
apply in relation to—
(a)
a school designated under section 69(3) of the School Standards and
Framework Act 1998 (c. 31) (foundation or voluntary school with
religious character);
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
has a religious ethos;
(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
or denominational body;
(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;

Equality Bill
Schedule 11 — Schools: exceptions
Part 3 — Disability discrimination
185

(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
Power to amend
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—
(a)
the Welsh Ministers,
(b)
the Scottish Ministers, and
20
(c)
such other persons as the Minister thinks appropriate.
Part 3
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
Act);
(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
pupils for admission;

Equality Bill
Schedule 12 — Further and higher education exceptions
Part 1 — Single-sex institutions, etc.
186

(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.
Schedule 12
Section 94

Further and higher education exceptions
Part 1
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-
sex institution.
      (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
if—
(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
to the institution.
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,
authorises—
(a)
sex discrimination by the responsible body of the institution in the
arrangements it makes for deciding who is offered admission as a
35
student;
(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
order.
40

Equality Bill
Schedule 12 — Further and higher education exceptions
Part 2 — Other exceptions
187

      (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
admission as a student.
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,
is complied with, and
(c)
any other matters relevant to the terms and operation of the order
applied for.
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.
Part 2
Other exceptions
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
institution—
(a)
it gives preference to persons of a particular religion or belief,