|
| |
|
(a) | in relation to England and Wales, has the meaning given in section 2 of |
| |
| |
(b) | in relation to Scotland, has the meaning given in section 1(3) of the |
| |
Further and Higher Education (Scotland) Act 1992. |
| |
| 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 |
| |
| |
(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 |
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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 |
| |
| |
(11) | “Education authority” has the meaning given by section 135(1) of the |
| |
Education (Scotland) Act 1980. |
| 20 |
(12) | Schedule 12 (exceptions) has effect. |
| |
| |
General qualifications bodies |
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95 | Application of this Chapter |
| |
This Chapter does not apply to the protected characteristic of marriage and |
| 25 |
| |
| |
(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 |
| |
| 30 |
(b) | as to the terms on which it is prepared to confer a relevant qualification |
| |
| |
(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 |
| |
| 40 |
(a) | a person who holds the qualification, or |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | as to the terms on which it is prepared to confer a relevant qualification |
| 5 |
| |
(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 |
| |
| 20 |
(a) | the need to minimise the extent to which disabled persons are |
| |
disadvantaged in attaining the qualification because of their |
| |
| |
(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 |
| |
(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. |
| |
| |
(1) | This section applies for the purposes of section 96. |
| 45 |
|
| |
|
| |
|
(2) | A qualifications body is an authority or body which can confer a relevant |
| |
| |
(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. |
| |
(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 |
| |
| |
(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. |
| |
| |
| |
98 | Reasonable adjustments |
| |
Schedule 13 (reasonable adjustments) has effect. |
| 25 |
99 | Educational charities and endowments |
| |
Schedule 14 (educational charities and endowments) has effect. |
| |
| |
| |
| 30 |
100 | Application of this Part |
| |
(1) | This Part does not apply to the protected characteristic of marriage and civil |
| |
| |
(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 |
| |
|
| |
|
| |
|
(b) | that would be so prohibited but for an express exception. |
| |
| |
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 |
| |
(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 |
| |
(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, |
| |
| |
(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— |
| |
| |
(b) | a person seeking to become a member; |
| |
| |
(5) | An association (A) must not victimise a person (B)— |
| 25 |
(a) | in the arrangements A makes for deciding who to admit to |
| |
| |
(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, |
| |
| |
(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, |
| |
| |
(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. |
| |
|
| |
|