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Equality Bill


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;

(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;

(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.

(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.

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(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.

 
 

 
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