Equality Act 2006

50 Section 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.