Part IVE+W+S Education

Modifications etc. (not altering text)

C1Pt. 4: power to amend or repeal Pt. 4 conferred (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26

[F1Chapter 2U.K. FURTHER AND HIGHER EDUCATION]

Textual Amendments

F1Pt. IV Ch. 2: Chapter heading, cross-heading and s. 28R inserted (E.W.S) (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F2Duties of responsible bodies]E+W+S

Textual Amendments

F2Pt. IV Ch. 2: Cross-heading and s. 28R inserted (30.5.2002 for certain purposes and otherwise 1.9.2002) by 2001 c. 10, s. 26 (with s. 43(13)); S.I. 2002/1647, art. 3; S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F3[F428TResponsible bodies' duties to make adjustmentsE+W+S

(1)Where—

(a)a provision, criterion or practice, other than a competence standard, is applied by or on behalf of a responsible body,

(b)it is a provision, criterion or practice relating to—

(i)the arrangements it makes for determining admissions to the institution, or

(ii)student services provided for, or offered to, students by the responsible body, and

(c)that provision, criterion or practice places disabled persons at a substantial disadvantage in comparison with persons who are not disabled,

it is the duty of the responsible body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice having that effect.

(1A)Where—

(a)a provision, criterion or practice, other than a competence standard, is applied by or on behalf of a responsible body,

(b)it is a provision, criterion or practice for determining on whom a qualification is to be conferred,

(c)a disabled person is, or has notified the body that he may be, an applicant for the conferment of that qualification, and

(d)the provision, criterion or practice places the disabled person at a substantial disadvantage in comparison with persons who are not disabled,

it is the duty of the responsible body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice having that effect.

(1B)Where—

(a)a provision, criterion or practice, other than a competence standard, is applied by or on behalf of a responsible body,

(b)it is a provision, criterion or practice other than one mentioned in subsection (1)(b) or (1A)(b), and

(c)it places a disabled person who—

(i)holds a qualification conferred by the responsible body, or

(ii)applies for a qualification which the responsible body confers,

at a substantial disadvantage in comparison with persons who are not disabled,

it is the duty of the responsible body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the provision, criterion or practice having that effect.

(1C)Where any physical feature of premises occupied by a responsible body places disabled persons at a substantial disadvantage in comparison with persons who are not disabled in relation to—

(a)the arrangements which that body makes for determining admissions to the institution, or

(b)student services provided for, or offered to, students by that body,

it is the duty of the body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the feature having that effect.

(1D)Where any physical feature of premises occupied by a responsible body places a disabled person who—

(a)applies for a qualification which that body confers, or

(b)holds a qualification which was conferred by that body,

at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the body to take such steps as it is reasonable, in all the circumstances of the case, for it to have to take in order to prevent the feature having that effect.]

(2)In considering whether it is reasonable for it to have to take a particular step in order to comply with its duty under [F5any of subsections (1) to (1D)], a responsible body must have regard to any relevant provisions of a code of practice issued under [F6section 14 of the Equality Act 2006.]

(3)Subsection (4) applies if a person has made a confidentiality request of which a responsible body is aware.

(4)In determining whether it is reasonable for the responsible body to have to take a particular step in relation to that person in order to comply with its duty under [F7any of subsections (1) to (1D)], regard shall be had to the extent to which taking the step in question is consistent with compliance with that request.

(5)“Confidentiality request” means a request made by a disabled person, which asks for the nature, or asks for the existence, of his disability to be treated as confidential.

(6)This section imposes duties only for the purpose of determining whether a responsible body has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.]

Textual Amendments

F3S. 28T inserted (1.9.2002) by 2001 c. 10, s. 28 (with s. 43(13)); S.I. 2002/2217, arts. 5, 6

F4S. 28T(1)(1A)-(1D) and section heading substituted for s. 28T(1) and section heading (30.6.2006 for certain purposes and otherwise 1.9.2006) by The Disability Discrimination Act 1995 (Amendment) (Further and Higher Education) Regulations 2006 (S.I. 2006/1721), regs. 1, 8

F6Words in s. 28T(2) substituted (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 46 (with s. 92); S.I. 2007/2603, art. 2 (subject to art. 3)

Modifications etc. (not altering text)

C2S. 28T: Functions of a local education authority made exercisable by authorised persons (E.) (1.4.2002) by S.I. 2002/928, art. 3, Sch. 3 para. (s)

C3S. 28T(1) applied (with modifications) (temp. from 28.8.2002) by S.I. 2002/2217, art. 6, Sch. 2