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Equality Bill


Equality Bill
Schedule 10 — Accessibility for disabled pupils

181

 

      (7)  

A relevant inspection may extend to the performance by the responsible

body of its functions in relation to the preparation, publication, review,

revision and implementation of its accessibility plan.

      (8)  

A relevant inspection is an inspection under—

(a)   

Part 1 of the Education Act 2005, or

5

(b)   

Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation

and inspection of independent education provision in England).

4     (1)  

In preparing an accessibility plan, the responsible body must have regard to

the need to allocate adequate resources for implementing the plan.

      (2)  

The proprietor of an independent educational institution (other than an

10

Academy) must, if asked, make a copy of the school’s accessibility plan

available for inspection at such reasonable times as the proprietor decides.

      (3)  

The proprietor of an independent educational institution in England (other

than an Academy) must, if asked by a Minister of the Crown, give the

Minister a copy of the school’s accessibility plan.

15

      (4)  

The proprietor of an independent school in Wales (other than an Academy)

must, if asked by the Welsh Ministers, give them a copy of the school’s

accessibility plan.

Power of direction

5     (1)  

This sub-paragraph applies if the appropriate authority is satisfied (whether

20

or not on a complaint) that a responsible body—

(a)   

has acted or is proposing to act unreasonably in the discharge of a

duty under this Schedule, or

(b)   

has failed to discharge such a duty.

      (2)  

This sub-paragraph applies if the appropriate authority is satisfied (whether

25

or not on a complaint) that a responsible body of a school specified in sub-

paragraph (3)—

(a)   

has acted or is proposing to act unreasonably in the discharge of a

duty the body has in relation to the provision to the authority of

copies of the body’s accessibility plan or the inspection of that plan,

30

or

(b)   

has failed to discharge the duty.

      (3)  

The schools are—

(a)   

schools approved under section 342 of the Education Act 1996 (non-

maintained special schools);

35

(b)   

Academies.

      (4)  

This sub-paragraph applies if a Tribunal has made an order under

paragraph 5 of Schedule 17 and the appropriate authority is satisfied

(whether or not on a complaint) that the responsible body concerned—

(a)   

has acted or is proposing to act unreasonably in complying with the

40

order, or

(b)   

has failed to comply with the order.

      (5)  

If sub-paragraph (1), (2) or (4) applies, the appropriate authority may give a

responsible body such directions as the authority thinks expedient as to—

(a)   

the discharge by the body of the duty, or

45

 
 

Equality Bill
Schedule 10 — Accessibility for disabled pupils

182

 

(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

183

 

(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) 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

184

 

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, 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 (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, the Learning

40

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

185

 

      (5)  

Where proposals are made to the Welsh Ministers under section 113A of the

Learning and Skills Act 2000 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 (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

186

 

(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, a form of selection mentioned in section 99(2)

30

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.

187

 

(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

 
 

 
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