Search Legislation

Equality Act 2010

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Equality Act 2010, Chapter 1 is up to date with all changes known to be in force on or before 26 May 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Chapter 1E+W+SSchools

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Pt. 6 Ch. 1: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)

84Application of this ChapterE+W+S

This Chapter does not apply to the following protected characteristics—

(a)age;

(b)marriage and civil partnership.

85Pupils: admission and treatment, etc.E+W+S

(1)The responsible body of a school to which this section applies must not discriminate against a person—

(a)in the arrangements it makes for deciding who is offered admission as a pupil;

(b)as to the terms on which it offers to admit the person as a pupil;

(c)by not admitting the person as a pupil.

(2)The responsible body of such a school must not discriminate against a pupil—

(a)in the way it provides education for the pupil;

(b)in the way it affords the pupil access to a benefit, facility or service;

(c)by not providing education for the pupil;

(d)by not affording the pupil access to a benefit, facility or service;

(e)by excluding the pupil from the school;

(f)by subjecting the pupil to any other detriment.

(3)The responsible body of such a school must not harass—

(a)a pupil;

(b)a person who has applied for admission as a pupil.

(4)The responsible body of such a school must not victimise a person—

(a)in the arrangements it makes for deciding who is offered admission as a pupil;

(b)as to the terms on which it offers to admit the person as a pupil;

(c)by not admitting the person as a pupil.

(5)The responsible body of such a school must not victimise a pupil—

(a)in the way it provides education for the pupil;

(b)in the way it affords the pupil access to a benefit, facility or service;

(c)by not providing education for the pupil;

(d)by not affording the pupil access to a benefit, facility or service;

(e)by excluding the pupil from the school;

(f)by subjecting the pupil to any other detriment.

(6)A duty to make reasonable adjustments applies to the responsible body of such a school.

(7)In relation to England and Wales, this section applies to—

(a)a school maintained by a local authority;

(b)an independent educational institution (other than a special school);

[F1(ba)an alternative provision Academy that is not an independent educational institution;]

(c)a special school (not maintained by a local authority).

(8)In relation to Scotland, this section applies to—

(a)a school managed by an education authority;

(b)an independent school;

(c)a school in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980.

(9)The responsible body of a school to which this section applies is—

(a)if the school is within subsection (7)(a), the local authority or governing body;

(b)if it is within subsection (7)(b) [F2, (ba)] or (c), the proprietor;

(c)if it is within subsection (8)(a), the education authority;

(d)if it is within subsection (8)(b), the proprietor;

(e)if it is within subsection (8)(c), the managers.

(10)In the application of section 26 for the purposes of subsection (3), none of the following is a relevant protected characteristic—

(a)gender reassignment;

(b)religion or belief;

(c)sexual orientation.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

86Victimisation of pupils, etc. for conduct of parents, etc.E+W+S

(1)This section applies for the purposes of section 27 in its application to section 85(4) or (5).

(2)The references to B in paragraphs (a) and (b) of subsection (1) of section 27 include a reference to a parent or sibling of the child in question.

(3)Giving false evidence or information, or making a false allegation, in good faith is not a protected act in a case where—

(a)the evidence or information is given, or the allegation is made, by a parent or sibling of the child, and

(b)the child has acted in bad faith.

(4)Giving false evidence or information, or making a false allegation, in bad faith, is a protected act in a case where—

(a)the evidence or information is given, or the allegation is made, by a parent or sibling of the child, and

(b)the child has acted in good faith.

(5)In this section—

  • child” means a person who has not attained the age of 18;

  • sibling” means a brother or sister, a half-brother or half-sister, or a stepbrother or stepsister.

87[F3Application of enforcement powers under education legislation]E+W+S

[F4(A1)Subsections (1) and (2) do not apply in the case of a school in Wales.]

(1)Sections 496 and 497 of the Education Act 1996 (powers to give directions where responsible body of school in default of obligations, etc.) [F5 and section 70 of the Education (Scotland) Act 1980] apply to the performance of a duty under section 85.

(2)But neither of sections 496 and 497 of [F6the Education Act 1996] applies to the performance of a duty under that section by the proprietor of an independent educational institution (other than a special school) [F7 or an alternative provision Academy that is not an independent educational institution][F8; and section 70 of the Education (Scotland) Act 1980 does not apply to the performance of a duty under that section by the proprietor of an independent school].

[F9(3)In the case of a school in Wales—

(a)Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) applies to the performance of a duty under section 85, but as if—

(i)the only relevant grounds for intervention were grounds 5 and 6 in section 2 of that Act, and

(ii)sections 3 to 9 and 12 to 16 of that Act did not apply;

(b)Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) applies to the performance of a duty under section 85, but as if—

(i)the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act, and

(ii)sections 24 to 27 of that Act did not apply.

(4)But neither of Chapters 1 and 2 of Part 2 of the 2013 Act applies to the performance of a duty under section 85 by the proprietor of an independent educational institution (other than a special school).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

88Disabled pupils: accessibilityE+W+S

Schedule 10 (accessibility) has effect.

89Interpretation and exceptionsE+W+S

(1)This section applies for the purposes of this Chapter.

(2)Nothing in this Chapter applies to anything done in connection with the content of the curriculum.

(3)“Pupil”—

(a)in relation to England and Wales, has the meaning given in section 3(1) of the Education Act 1996;

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(4)“Proprietor”—

(a)in relation to a school in England and Wales, has the meaning given in section 579(1) of the Education Act 1996;

(b)in relation to a school in Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(5)“School”—

(a)in relation to England and Wales, has the meaning given in section 4 of the Education Act 1996;

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(6)A reference to a school includes a reference to an independent educational institution in England; and a reference to an independent educational institution in England is to be construed in accordance with Chapter 1 of Part 4 of the Education and Skills Act 2008.

(7)A reference to an independent educational institution is a reference to—

(a)an independent educational institution in England, or

(b)an independent school in Wales.

(8)“Independent school”—

(a)in relation to Wales, has the meaning given in section 463 of the Education Act 1996;

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(9)Special school” has the meaning given in section 337 of the Education Act 1996.

(10)Local authority” means—

(a)in relation to England, an English local authority within the meaning of 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”, in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

(12)Schedule 11 (exceptions) has effect.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources