Part 2Discrimination on grounds of religion or belief
Prohibited discrimination
50Section 49: exceptions
1
Section 49(1)(a), (b) and (c)(i) and (ii) shall not apply in relation to—
a
a school designated under section 69(3) of the School Standards and Framework Act 1998 (c. 31) (foundation or voluntary school with religious character),
b
a school listed in the register of independent schools for England or for Wales if the school's entry in the register records that the school has a religious ethos,
c
a school transferred to an education authority under section 16 of the Education (Scotland) Act 1980 (transfer of certain schools to education authorities) which is conducted in the interest of a church or denominational body,
d
a school provided by an education authority under section 17(2) of that Act (denominational schools),
e
a grant-aided school (within the meaning of that Act) which is conducted in the interest of a church or denominational body, or
f
a school registered in the register of independent schools for Scotland if the school—
i
admits only pupils who belong, or whose parents belong, to one or more particular denominations, or
ii
is conducted in the interest of a church or denominational body.
2
Section 49(1)(c)(i), (ii) or (iv) shall not apply in relation to anything done in connection with—
a
the content of the curriculum, or
b
acts of worship or other religious observance organised by or on behalf of an educational establishment (whether or not forming part of the curriculum).
3
The Secretary of State may by order—
a
amend or repeal an exception in subsection (1) or (2);
b
provide for an additional exception to section 49;
c
make provision about the construction or application of section 45(3)(d) in relation to section 49.
4
An order under subsection (3)—
a
may include transitional, incidental or consequential provision (including provision amending an enactment (including an enactment in or under an Act of the Scottish Parliament)),
b
may make provision generally or only in respect of specified cases or circumstances (which may, in particular, be defined by reference to location),
c
may make different provision in respect of different cases or circumstances (which may, in particular, be defined by reference to location),
d
shall be made by statutory instrument,
e
may not be made unless the Secretary of State has consulted the Scottish Ministers, the National Assembly for Wales and such other persons as he thinks appropriate, and
f
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.