Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 6 — Education
Chapter 1 — Schools
55

85
Pupils: admission and treatment, etc.
(1)
The responsible body of a school to which this section applies must not
discriminate against a person—
(a)
in the arrangements it makes for deciding who is offered admission as
a pupil;
5
(b)
as to the terms on which it offers to admit the person as a pupil;
(c)
by not admitting the person as a pupil.
(2)
The responsible body of such a school must not discriminate against a pupil—
(a)
in the way it provides education for the pupil;
(b)
in the way it affords the pupil access to a benefit, facility or service;
10
(c)
by not providing education for the pupil;
(d)
by not affording the pupil access to a benefit, facility or service;
(e)
by excluding the pupil from the school;
(f)
by subjecting the pupil to any other detriment.
(3)
The responsible body of such a school must not harass—
15
(a)
a pupil;
(b)
a person who has applied for admission as a pupil.
(4)
The responsible body of such a school must not victimise a person—
(a)
in the arrangements it makes for deciding who is offered admission as
a pupil;
20
(b)
as to the terms on which it offers to admit the person as a pupil;
(c)
by not admitting the person as a pupil.
(5)
The responsible body of such a school must not victimise a pupil—
(a)
in the way it provides education for the pupil;
(b)
in the way it affords the pupil access to a benefit, facility or service;
25
(c)
by not providing education for the pupil;
(d)
by not affording the pupil access to a benefit, facility or service;
(e)
by excluding the pupil from the school;
(f)
by subjecting the pupil to any other detriment.
(6)
A duty to make reasonable adjustments applies to the responsible body of such
30
a school.
(7)
In relation to England and Wales, this section applies to—
(a)
a school maintained by a local authority;
(b)
an independent educational institution (other than a special school);
(c)
a special school (not maintained by a local authority).
35
(8)
In relation to Scotland, this section applies to—
(a)
a school managed by an education authority;
(b)
an independent school;
(c)
a school in respect of which the managers are for the time being
receiving grants under section 73(c) or (d) of the Education (Scotland)
40
Act 1980.
(9)
The responsible body of a school to which this section applies is—
(a)
if the school is within subsection (7)(a), the local authority or governing
body;

Equality Bill
Part 6 — Education
Chapter 1 — Schools
56

(b)
if it is within subsection (7)(b) or (c), the proprietor;
(c)
if it is within subsection (8)(a), the education authority;
(d)
if it is within subsection (8)(b), the proprietor;
(e)
if it is within subsection (8)(c), the managers.
(10)
In the application of section 26 for the purposes of subsection (3), none of the
5
following is a relevant protected characteristic—
(a)
gender reassignment;
(b)
religion or belief;
(c)
sexual orientation.
86
Victimisation of pupils, etc. for conduct of parents, etc.
10
(1)
This section applies for the purposes of section 27 in its application to section
85(4) or (5).
(2)
The references to B in paragraphs (a) and (b) of subsection (1) of section 27
include a reference to a parent or sibling of the child in question.
(3)
Giving false evidence or information, or making a false allegation, in good faith
15
is not a protected act in a case where—
(a)
the evidence or information is given, or the allegation is made, by a
parent or sibling of the child, and
(b)
the child has acted in bad faith.
(4)
Giving false evidence or information, or making a false allegation, in bad faith,
20
is a protected act in a case where—
(a)
the evidence or information is given, or the allegation is made, by a
parent or sibling of the child, and
(b)
the child has acted in good faith.
(5)
In this section—
25
“child” means a person who has not attained the age of 18;
“sibling” means a brother or sister, a half-brother or half-sister, or a
stepbrother or stepsister.
87
Application of certain powers under Education Act 1996
(1)
Sections 496 and 497 of the Education Act 1996 (powers to give directions
30
where responsible body of school in default of obligations, etc.) apply to the
performance of a duty under section 85.
(2)
But neither of sections 496 and 497 of that Act applies to the performance of a
duty under that section by the proprietor of an independent educational
institution (other than a special school).
35
88
Disabled pupils: accessibility
Schedule 10 (accessibility) has effect.
89
Interpretation and exceptions
(1)
This section applies for the purposes of this Chapter.

Equality Bill
Part 6 — Education
Chapter 1 — Schools
57

(2)
Nothing in this Chapter applies to anything done in connection with the
content of the curriculum.
(3)
“Pupil”—
(a)
in relation to England and Wales, has the meaning given in section 3(1)
of the Education Act 1996;
5
(b)
in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980.
(4)
“Proprietor”—
(a)
in relation to a school in England and Wales, has the meaning given in
section 579(1) of the Education Act 1996;
10
(b)
in relation to a school in Scotland, has the meaning given in section
135(1) of the Education (Scotland) Act 1980.
(5)
“School”—
(a)
in relation to England and Wales, has the meaning given in section 4 of
the Education Act 1996;
15
(b)
in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980.
(6)
A reference to a school includes a reference to an independent educational
institution in England; and a reference to an independent educational
institution in England is to be construed in accordance with Chapter 1 of Part
20
4 of the Education and Skills Act 2008.
(7)
A reference to an independent educational institution is a reference to—
(a)
an independent educational institution in England, or
(b)
an independent school in Wales.
(8)
“Independent school”—
25
(a)
in relation to Wales, has the meaning given in section 463 of the
Education Act 1996;
(b)
in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980.
(9)
“Special school” has the meaning given in section 337 of the Education Act
30
1996.
(10)
“Local authority” means—
(a)
in relation to England, an English local authority within the meaning of
section 162 of the Education and Inspections Act 2006;
(b)
in relation to Wales, a Welsh local authority within the meaning of that
35
section.
(11)
“Education authority”, in relation to Scotland, has the meaning given in section
135(1) of the Education (Scotland) Act 1980.
(12)
Schedule 11 (exceptions) has effect.

Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education
58

Chapter 2
Further and higher education
90
Application of this Chapter
This Chapter does not apply to the protected characteristic of marriage and
civil partnership.
5
91
Students: admission and treatment, etc.
(1)
The responsible body of an institution to which this section applies must not
discriminate against a person—
(a)
in the arrangements it makes for deciding who is offered admission as
a student;
10
(b)
as to the terms on which it offers to admit the person as a student;
(c)
by not admitting the person as a student.
(2)
The responsible body of such an institution must not discriminate against a
student—
(a)
in the way it provides education for the student;
15
(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.
20
(3)
The responsible body of such an institution must not discriminate against 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
25
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.
(4)
Subsection (3) applies only to disability discrimination.
30
(5)
The responsible body of such an institution must not harass—
(a)
a student;
(b)
a person who has applied for admission as a student;
(c)
a disabled person who holds or has applied for a qualification
conferred by the institution.
35
(6)
The responsible body of such an institution must not victimise a person—
(a)
in the arrangements it makes for deciding who is offered admission as
a student;
(b)
as to the terms on which it offers to admit the person as a student;
(c)
by not admitting the person as a student.
40
(7)
The responsible body of such an institution must not victimise a student—
(a)
in the way it provides education for the student;

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)
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;
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.
(6)
“Further education”—