Equality Bill

House of Lords

Session 2009 - 10
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Other Bills before Parliament

Equality Bill

Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education
59

(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.
5
(8)
The responsible body of such an institution must not victimise a disabled
person—
(a)
in the arrangements it makes for deciding upon whom to confer a
qualification;
(b)
as to the terms on which it is prepared to confer a qualification on the
10
person;
(c)
by not conferring a qualification on the person;
(d)
by withdrawing a qualification from the person or varying the terms on
which the person holds it.
(9)
A duty to make reasonable adjustments applies to the responsible body of such
15
an institution.
(10)
In relation to England and Wales, this section applies to—
(a)
a university;
(b)
any other institution within the higher education sector;
(c)
an institution within the further education sector.
20
(11)
In relation to Scotland, this section applies to—
(a)
a university;
(b)
a designated institution;
(c)
a college of further education.
(12)
A responsible body is—
25
(a)
in the case of an institution within subsection (10)(a), (b) or (c), the
governing body;
(b)
in the case of an institution within subsection (11)(a) or (b), the
governing body;
(c)
in the case of a college of further education under the management of a
30
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
of the college, whether or not formally constituted as a governing body
or board of governors.
35
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—
(a)
in the arrangements it makes for deciding who is enrolled on the
course;
40
(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
a person who is enrolled on the course in the services it provides or offers to
provide.
45

Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education
60

(3)
The responsible body in relation to such a course must not harass a person
who—
(a)
seeks enrolment on the course;
(b)
is enrolled on the course;
(c)
is a user of services provided by the body in relation to the course.
5
(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;
(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.
10
(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.
(7)
This section applies to—
(a)
a course of further or higher education secured by a responsible body
15
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
1998 (c. 31);
(c)
a course of further education secured by an education authority in
20
Scotland.
(8)
A responsible body is—
(a)
a local authority in England or Wales, for the purposes of subsection
(7)(a);
(b)
the governing body of a maintained school, for the purposes of
25
subsection (7)(b);
(c)
an education authority in Scotland, for the purposes of subsection
(7)(c).
(9)
In this section—
“course”, in relation to further education, includes each component part
30
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;
“enrolment” includes registration for a component part of a course;
“maintained school” has the meaning given in section 20(7) of the School
35
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.
93
Recreational or training facilities
(1)
The responsible body in relation to facilities to which this section applies must
40
not discriminate against 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.
45

Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education
61

(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.
(3)
The responsible body in relation to such facilities must not harass a person
who—
5
(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.
(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
10
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.
(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
15
provide.
(6)
A duty to make reasonable adjustments applies to the responsible body.
(7)
This section applies to—
(a)
facilities secured by a local authority in England under section 507A or
507B of the Education Act 1996 (c. 56);
20
(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
Scotland.
(8)
A responsible body is—
25
(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
(7)(c).
(9)
This section does not apply to the protected characteristic of age, so far as
30
relating to persons who have not attained the age of 18.
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.
35
(3)
A reference to a student, in relation to an institution, is a reference to a person
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
40
be construed in accordance with section 91 of the Further and Higher
Education Act 1992 (c. 13).
(6)
“Further education”—

Equality Bill
Part 6 — Education
Chapter 3 — General qualifications bodies
62

(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
Further and Higher Education (Scotland) Act 1992.
(7)
“Higher education”—
5
(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);
(b)
in relation to Scotland, has the meaning given in section 38 of the
Further and Higher Education (Scotland) Act 1992.
10
(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.
(10)
“Local authority” means—
(a)
in relation to England, an English local authority within the meaning of
15
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” has the meaning given by section 135(1) of the
Education (Scotland) Act 1980.
20
(12)
Schedule 12 (exceptions) has effect.
Chapter 3
General qualifications bodies
95
Application of this Chapter
This Chapter does not apply to the protected characteristic of marriage and
25
civil partnership.
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;
30
(b)
as to the terms on which it is prepared to confer a relevant qualification
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—
35
(a)
by withdrawing the qualification from B;
(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—
40
(a)
a person who holds the qualification, or

Equality Bill
Part 6 — Education
Chapter 3 — General qualifications bodies
63

(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
5
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;
10
(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—
15
(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—
20
(a)
the need to minimise 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
25
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;
30
(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;
35
(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
40
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.
45

Equality Bill
Part 7 — Associations
64

(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;
5
(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,
10
(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—
15
(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
20
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.
25
99
Educational charities and endowments
Schedule 14 (educational charities and endowments) has effect.
Part 7
Associations
Preliminary
30
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 and public functions), Part 4
35
(premises), Part 5 (work) or Part 6 (education), or

Equality Bill
Part 7 — Associations
65

(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)—
(a)
in the arrangements A makes for deciding who to admit to
5
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)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
10
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.
(3)
An association (A) must not discriminate against an associate (B)—
15
(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;
(d)
by subjecting B to any other detriment.
20
(4)
An association must not harass—
(a)
a member;
(b)
a person seeking to become a member;
(c)
an associate.
(5)
An association (A) must not victimise a person (B)—
25
(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.
(6)
An association (A) must not victimise a member (B)—
30
(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.
35
(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;
(b)
by depriving B of B’s rights as an associate;
(c)
by varying B’s rights as an associate;
40
(d)
by subjecting B to any other detriment.