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Equality Bill


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

188

 

      (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,

 
 

Equality Bill
Schedule 13 — Education: reasonable adjustments

189

 

(b)   

it does so to preserve the institution’s religious ethos, and

(c)   

the course is not a course of vocational training.

      (2)  

A Minister of the Crown may by order designate an institution if satisfied

that the institution has a religious ethos.

Benefits dependent on marital status, etc.

5

6          

A person does not contravene section 91, so far as relating to sexual

orientation, by providing married persons and civil partners (to the

exclusion of all other persons) with access to a benefit, facility or service.

Child care

7     (1)  

A person does not contravene section 91(2)(b) or (d), so far as relating to age,

10

only by providing, or making arrangements for or facilitating the provision

of, care for children of a particular age group.

      (2)  

Facilitating the provision of care for a child includes—

(a)   

paying for some or all of the cost of the provision;

(b)   

helping a parent of the child to find a suitable person to provide care

15

for the child;

(c)   

enabling a parent of the child to spend more time providing care for

the child or otherwise assisting the parent with respect to the care

that the parent provides for the child.

      (3)  

A child is a person who has not attained the age of 17.

20

      (4)  

A reference to care includes a reference to supervision.

Schedule 13

Section 98

 

Education: reasonable adjustments

Preliminary

1          

This Schedule applies where a duty to make reasonable adjustments is

25

imposed on A by this Part.

The duty for schools

2     (1)  

This paragraph applies where A is the responsible body of a school to which

section 85 applies.

      (2)  

A must comply with the first and third requirements.

30

      (3)  

For the purposes of this paragraph—

(a)   

the reference in section 20(3) to a provision, criterion or practice is a

reference to a provision, criterion or practice applied by or on behalf

of A;

(b)   

the reference in section 20(3) or (5) to a disabled person is—

35

(i)   

in relation to a relevant matter within sub-paragraph (4)(a), a

reference to disabled persons generally;

 
 

Equality Bill
Schedule 13 — Education: reasonable adjustments

190

 

(ii)   

in relation to a relevant matter within sub-paragraph (4)(b), a

reference to disabled pupils generally.

      (4)  

In relation to each requirement, the relevant matters are—

(a)   

deciding who is offered admission as a pupil;

(b)   

provision of education or access to a benefit, facility or service.

5

The duty for further or higher education institutions

3     (1)  

This paragraph applies where A is the responsible body of an institution to

which section 91 applies.

      (2)  

A must comply with the first, second and third requirements.

      (3)  

For the purposes of this paragraph—

10

(a)   

the reference in section 20(3) to a provision, criterion or practice is a

reference to a provision, criterion or practice applied by or on behalf

of A;

(b)   

the reference in section 20(4) to a physical feature is a reference to a

physical feature of premises occupied by A;

15

(c)   

the reference in section 20(3), (4) or (5) to a disabled person is—

(i)   

in relation to a relevant matter within sub-paragraph (4)(a), a

reference to disabled persons generally;

(ii)   

in relation to a relevant matter within sub-paragraph (4)(b) or

(c), a reference to disabled students generally;

20

(iii)   

in relation to a relevant matter within sub-paragraph (4)(d) or

(e) below, a reference to an interested disabled person.

      (4)  

In relation to each requirement, the relevant matters are—

(a)   

deciding who is offered admission as a student;

(b)   

provision of education;

25

(c)   

access to a benefit, facility or service;

(d)   

deciding on whom a qualification is conferred;

(e)   

a qualification that A confers.

4     (1)  

An interested disabled person is a disabled person who, in relation to a

relevant matter specified in the first column of the table, is of a description

30

specified in the second column.

 

Case

Description of disabled person

 
 

Deciding on whom to confer a

A person who is, or has notified A that

 
 

qualification.

the person may be, an applicant for the

 
  

conferment of the qualification.

 

35

 

A qualification that A confers.

An applicant for the conferment by A

 
  

of the qualification.

 
  


 
  

A person on whom A confers the

 
  

qualification.

 

40

      (2)  

A provision, criterion or practice does not include the application of a

competence standard.

 
 

Equality Bill
Schedule 13 — Education: reasonable adjustments

191

 

      (3)  

A competence standard is an academic, medical or other standard applied

for the purpose of determining whether or not a person has a particular level

of competence or ability.

The duty relating to certain other further or higher education courses

5     (1)  

This paragraph applies where A is the responsible body in relation to a

5

course to which section 92 applies.

      (2)  

A must comply with the first, second and third requirements; but if A is the

governing body of a maintained school (within the meaning given by that

section), A is not required to comply with the second requirement.

      (3)  

For the purposes of this paragraph—

10

(a)   

the reference in section 20(3) to a provision, criterion or practice is a

reference to a provision, criterion or practice applied by or on behalf

of A;

(b)   

the reference in section 20(4) to a physical feature is a reference to a

physical feature of premises occupied by A;

15

(c)   

the reference in section 20(3), (4) or (5) to a disabled person is—

(i)   

in relation to a relevant matter within sub-paragraph (4)(a), a

reference to disabled persons generally;

(ii)   

in relation to a relevant matter within sub-paragraph (4)(b), a

reference to disabled persons generally who are enrolled on

20

the course.

      (4)  

In relation to each requirement, the relevant matters are—

(a)   

arrangements for enrolling persons on a course of further or higher

education secured by A;

(b)   

services provided by A for persons enrolled on the course.

25

The duty relating to recreational or training facilities

6     (1)  

This paragraph applies where A is the responsible body in relation to

facilities to which section 93 applies.

      (2)  

A must comply with the first, second and third requirements.

      (3)  

For the purposes of this paragraph—

30

(a)   

the reference in section 20(3) to a provision, criterion or practice is a

reference to a provision, criterion or practice applied by or on behalf

of A;

(b)   

the reference in section 20(4) to a physical feature is a reference to a

physical feature of premises occupied by A;

35

(c)   

the reference in section 20(3), (4) or (5) to a disabled person is a

reference to disabled persons generally.

      (4)  

In relation to each requirement, the relevant matter is A’s arrangements for

providing the recreational or training facilities.

Code of practice

40

7          

In deciding whether it is reasonable for A to have to take a step for the

purpose of complying with the first, second or third requirement, A must

 
 

Equality Bill
Schedule 14 — Educational charities and endowments

192

 

have regard to relevant provisions of a code of practice issued under section

14 of the Equality Act 2006.

Confidentiality requests

8     (1)  

This paragraph applies if a person has made a confidentiality request of

which A is aware.

5

      (2)  

In deciding whether it is reasonable for A to have to take a step in relation to

that person so as to comply with the first, second or third requirement, A

must have regard to the extent to which taking the step is consistent with the

request.

      (3)  

In a case within paragraph 2, a “confidentiality request” is a request—

10

(a)   

that the nature or existence of a disabled person’s disability be

treated as confidential, and

(b)   

which satisfies either of the following conditions.

      (4)  

The first condition is that the request is made by the person’s parent.

      (5)  

The second condition is that—

15

(a)   

it is made by the person, and

(b)   

A reasonably believes that the person has sufficient understanding of

the nature and effect of the request.

      (6)  

In a case within paragraph 3, a “confidentiality request” is a request by a

disabled person that the nature or existence of the person’s disability be

20

treated as confidential.

The duty for general qualifications bodies

9     (1)  

This paragraph applies where A is a qualifications body for the purposes of

section 96.

      (2)  

Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a

25

qualifications body as they apply to a responsible body.

      (3)  

This paragraph is subject to section 96(7).

Schedule 14

Section 99

 

Educational charities and endowments

Educational charities

30

1     (1)  

This paragraph applies to a trust deed or other instrument—

(a)   

which concerns property applicable for or in connection with the

provision of education in an establishment in England and Wales to

which section 85 or 91 applies, and

(b)   

which in any way restricts the benefits available under the

35

instrument to persons of one sex.

      (2)  

Sub-paragraph (3) applies if, on the application of the trustees or the

responsible body (within the meaning of that section), a Minister of the

 
 

Equality Bill
Schedule 14 — Educational charities and endowments

193

 

Crown is satisfied that the removal or modification of the restriction would

be conducive to the advancement of education without sex discrimination.

      (3)  

The Minister may by order make such modifications of the instrument as

appear to the Minister expedient for removing or modifying the restriction.

      (4)  

If the trust was created by a gift or bequest, an order must not be made until

5

the end of the period of 25 years after the date when the gift or bequest took

effect.

      (5)  

Sub-paragraph (4) does not apply if the donor or the personal

representatives of the donor or testator consent in writing to making the

application for the order.

10

      (6)  

The Minister must require the applicant to publish a notice—

(a)   

containing particulars of the proposed order;

(b)   

stating that representations may be made to the Minister within a

period specified in the notice.

      (7)  

The period must be not less than one month beginning with the day after the

15

date of the notice.

      (8)  

The applicant must publish the notice in the manner specified by the

Minister.

      (9)  

The cost of publication may be paid out of the property of the trust.

     (10)  

Before making the order, the Minister must take account of representations

20

made in accordance with the notice.

Educational endowments

2     (1)  

This paragraph applies to an educational endowment—

(a)   

to which section 104 of the Education (Scotland) Act 1980 applies,

and

25

(b)   

which in any way restricts the benefit of the endowment to persons

of one sex.

      (2)  

Sub-paragraph (3) applies if, on the application of the governing body of an

educational endowment, the Scottish Ministers are satisfied that the removal

or modification of the provision which restricts the benefit of the

30

endowment to persons of one sex would be conducive to the advancement

of education without sex discrimination.

      (3)  

The Scottish Ministers may by order make such provision as they think

expedient for removing or modifying the restriction.

      (4)  

If the Scottish Ministers propose to make such an order they must publish a

35

notice in such manner as they think sufficient for giving information to

persons they think may be interested in the endowment—

(a)   

containing particulars of the proposed order;

(b)   

stating that representations may be made with respect to the

proposal within such period as is specified in the notice.

40

      (5)  

The period must be not less than one month beginning with the day after the

date of publication of the notice.

 
 

Equality Bill
Schedule 15 — Associations: reasonable adjustments

194

 

      (6)  

The cost of publication is to be paid out of the funds of the endowment to

which the notice relates.

      (7)  

Before making an order, the Scottish Ministers—

(a)   

must consider representations made in accordance with the notice;

(b)   

may cause a local inquiry to be held into the representations under

5

section 67 of the Education (Scotland) Act 1980.

      (8)  

A reference to an educational endowment includes a reference to—

(a)   

a scheme made or approved for the endowment under Part 6 of the

Education (Scotland) Act 1980;

(b)   

in the case of an endowment the governing body of which is entered

10

in the Scottish Charity Register, a scheme approved for the

endowment under section 39 or 40 of the Charities and Trustee

Investment (Scotland) Act 2005 (asp 10);

(c)   

an endowment which is, by virtue of section 108(1) of the Education

(Scotland) Act 1980, treated as if it were an educational endowment

15

(or which would, but for the disapplication of that section by section

122(4) of that Act, be so treated);

(d)   

a university endowment, the Carnegie Trust, a theological

endowment and a new endowment.

      (9)  

Expressions used in this paragraph and in Part 6 of the Education (Scotland)

20

Act 1980 have the same meaning in this paragraph as in that Part.

Schedule 15

Section 107

 

Associations: reasonable adjustments

Preliminary

1          

This Schedule applies where a duty to make reasonable adjustments is

25

imposed on an association (A) by this Part.

The duty

2     (1)  

A must comply with the first, second and third requirements.

      (2)  

For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to

a disabled person is a reference to disabled persons who—

30

(a)   

are, or are seeking to become or might wish to become, members,

(b)   

are associates, or

(c)   

are, or are likely to become, guests.

      (3)  

In relation to the first and third requirements, the relevant matters are—

(a)   

access to a benefit, facility or service;

35

(b)   

members’ or associates’ retaining their rights as such or avoiding

having them varied;

(c)   

being admitted to membership or invited as a guest.

      (4)  

In relation to the second requirement, the relevant matters are—

(a)   

access to a benefit, facility or service;

40

(b)   

being admitted to membership or invited as a guest.

 
 

 
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