Search Legislation

Equality Act 2010

Status:

Point in time view latest with prospective.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Equality Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific 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):

SCHEDULES

Section 6

SCHEDULE 1E+W+SDisability: supplementary provision

Part 1 E+W+SDetermination of disability

ImpairmentE+W+S

1Regulations may make provision for a condition of a prescribed description to be, or not to be, an impairment.E+W+S

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.

Commencement Information

I1Sch. 1 para. 1 wholly in force at 1.10.2010; para. 1 not in force at Royal Assent see s. 216; para. 1 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Long-term effectsE+W+S

2(1)The effect of an impairment is long-term if—E+W+S

(a)it has lasted for at least 12 months,

(b)it is likely to last for at least 12 months, or

(c)it is likely to last for the rest of the life of the person affected.

(2)If an impairment ceases to have a substantial adverse effect on a person's ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur.

(3)For the purposes of sub-paragraph (2), the likelihood of an effect recurring is to be disregarded in such circumstances as may be prescribed.

(4)Regulations may prescribe circumstances in which, despite sub-paragraph (1), an effect is to be treated as being, or as not being, long-term.

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.

Commencement Information

I2Sch. 1 para. 2 wholly in force at 1.10.2010; para. 2 not in force at Royal Assent see s. 216; para. 2 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Severe disfigurementE+W+S

3(1)An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities.E+W+S

(2)Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect.

(3)The regulations may, in particular, make provision in relation to deliberately acquired disfigurement.

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.

Commencement Information

I3Sch. 1 para. 3 wholly in force at 1.10.2010; para. 3 not in force at Royal Assent see s. 216; para. 3 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Substantial adverse effectsE+W+S

4Regulations may make provision for an effect of a prescribed description on the ability of a person to carry out normal day-to-day activities to be treated as being, or as not being, a substantial adverse effect.E+W+S

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.

Commencement Information

I4Sch. 1 para. 4 wholly in force at 1.10.2010; para. 4 not in force at Royal Assent see s. 216; para. 4 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Effect of medical treatmentE+W+S

5(1)An impairment is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if—E+W+S

(a)measures are being taken to treat or correct it, and

(b)but for that, it would be likely to have that effect.

(2)Measures” includes, in particular, medical treatment and the use of a prosthesis or other aid.

(3)Sub-paragraph (1) does not apply—

(a)in relation to the impairment of a person's sight, to the extent that the impairment is, in the person's case, correctable by spectacles or contact lenses or in such other ways as may be prescribed;

(b)in relation to such other impairments as may be prescribed, in such circumstances as are prescribed.

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.

Commencement Information

I5Sch. 1 para. 5 wholly in force at 1.10.2010; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Certain medical conditionsE+W+S

6(1)Cancer, HIV infection and multiple sclerosis are each a disability.E+W+S

(2)HIV infection is infection by a virus capable of causing the Acquired Immune Deficiency Syndrome.

Deemed disabilityE+W+S

7(1)Regulations may provide for persons of prescribed descriptions to be treated as having disabilities.E+W+S

(2)The regulations may prescribe circumstances in which a person who has a disability is to be treated as no longer having the disability.

(3)This paragraph does not affect the other provisions of this Schedule.

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.

Commencement Information

I6Sch. 1 para. 7 wholly in force at 1.10.2010; para. 7 not in force at Royal Assent see s. 216; para. 7 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Progressive conditionsE+W+S

8(1)This paragraph applies to a person (P) if—E+W+S

(a)P has a progressive condition,

(b)as a result of that condition P has an impairment which has (or had) an effect on P's ability to carry out normal day-to-day activities, but

(c)the effect is not (or was not) a substantial adverse effect.

(2)P is to be taken to have an impairment which has a substantial adverse effect if the condition is likely to result in P having such an impairment.

(3)Regulations may make provision for a condition of a prescribed description to be treated as being, or as not being, progressive.

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.

Commencement Information

I7Sch. 1 para. 8 wholly in force at 1.10.2010; para. 8 not in force at Royal Assent see s. 216; para. 8 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Past disabilitiesE+W+S

9(1)A question as to whether a person had a disability at a particular time (“the relevant time”) is to be determined, for the purposes of section 6, as if the provisions of, or made under, this Act were in force when the act complained of was done had been in force at the relevant time.E+W+S

(2)The relevant time may be a time before the coming into force of the provision of this Act to which the question relates.

Part 2 E+W+SGuidance

PreliminaryE+W+S

10This Part of this Schedule applies in relation to guidance referred to in section 6(5).E+W+S

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.

Commencement Information

I8Sch. 1 para. 10 wholly in force at 1.10.2010; para. 10 not in force at Royal Assent see s. 216; para. 10 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

ExamplesE+W+S

11The guidance may give examples of—E+W+S

(a)effects which it would, or would not, be reasonable, in relation to particular activities, to regard as substantial adverse effects;

(b)substantial adverse effects which it would, or would not, be reasonable to regard as long-term.

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.

Commencement Information

I9Sch. 1 para. 11 wholly in force at 1.10.2010; para. 11 not in force at Royal Assent see s. 216; para. 11 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Adjudicating bodiesE+W+S

12(1)In determining whether a person is a disabled person, an adjudicating body must take account of such guidance as it thinks is relevant.E+W+S

(2)An adjudicating body is—

(a)a court;

(b)a tribunal;

(c)a person (other than a court or tribunal) who may decide a claim relating to a contravention of Part 6 (education).

RepresentationsE+W+S

13Before issuing the guidance, the Minister must—E+W+S

(a)publish a draft of it;

(b)consider any representations made to the Minister about the draft;

(c)make such modifications as the Minister thinks appropriate in the light of the representations.

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.

Commencement Information

I10Sch. 1 para. 13 wholly in force at 1.10.2010; para. 13 not in force at Royal Assent see s. 216; para. 13 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Parliamentary procedureE+W+S

14(1)If the Minister decides to proceed with proposed guidance, a draft of it must be laid before Parliament.E+W+S

(2)If, before the end of the 40-day period, either House resolves not to approve the draft, the Minister must take no further steps in relation to the proposed guidance.

(3)If no such resolution is made before the end of that period, the Minister must issue the guidance in the form of the draft.

(4)Sub-paragraph (2) does not prevent a new draft of proposed guidance being laid before Parliament.

(5)The 40-day period—

(a)begins on the date on which the draft is laid before both Houses (or, if laid before each House on a different date, on the later date);

(b)does not include a period during which Parliament is prorogued or dissolved;

(c)does not include a period during which both Houses are adjourned for more than 4 days.

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.

Commencement Information

I11Sch. 1 para. 14 wholly in force at 1.10.2010; para. 14 not in force at Royal Assent see s. 216; para. 14 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

CommencementE+W+S

15The guidance comes into force on the day appointed by order by the Minister.E+W+S

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.

Commencement Information

I12Sch. 1 para. 15 wholly in force at 1.10.2010; para. 15 not in force at Royal Assent see s. 216; para. 15 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Revision and revocationE+W+S

16(1)The Minister may—E+W+S

(a)revise the whole or part of guidance and re-issue it;

(b)by order revoke guidance.

(2)A reference to guidance includes a reference to guidance which has been revised and re-issued.

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.

Commencement Information

I13Sch. 1 para. 16 wholly in force at 1.10.2010; para. 16 not in force at Royal Assent see s. 216; para. 16 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(2)(g) (with art. 15)

Section 31

SCHEDULE 2E+W+SServices and public functions: reasonable adjustments

PreliminaryE+W+S

1This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.E+W+S

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.

Commencement Information

I14Sch. 2 para. 1 wholly in force at 1.9.2012; para. 1 not in force at Royal assent see s. 216; para. 1 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 1 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)

The dutyE+W+S

2(1)A must comply with the first, second and third requirements.E+W+S

(2)For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally.

(3)Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted—

(a)to avoid the disadvantage, or

(b)to adopt a reasonable alternative method of providing the service or exercising the function.

(4)In relation to each requirement, the relevant matter is the provision of the service, or the exercise of the function, by A.

(5)Being placed at a substantial disadvantage in relation to the exercise of a function means—

(a)if a benefit is or may be conferred in the exercise of the function, being placed at a substantial disadvantage in relation to the conferment of the benefit, or

(b)if a person is or may be subjected to a detriment in the exercise of the function, suffering an unreasonably adverse experience when being subjected to the detriment.

(6)In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of providing the service or exercising the function, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies).

(7)If A is a service-provider, nothing in this paragraph requires A to take a step which would fundamentally alter—

(a)the nature of the service, or

(b)the nature of A's trade or profession.

(8)If A exercises a public function, nothing in this paragraph requires A to take a step which A has no power to take.

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.

Commencement Information

I15Sch. 2 para. 2 wholly in force at 1.9.2012; para. 2 not in force at Royal assent see s. 216; para. 2 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 2 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)

Special provision about transportE+W+S

3(1)This paragraph applies where A is concerned with the provision of a service which involves transporting people by land, air or water.E+W+S

(2)It is never reasonable for A to have to take a step which would—

(a)involve the alteration or removal of a physical feature of a vehicle used in providing the service;

(b)affect whether vehicles are provided;

(c)affect what vehicles are provided;

(d)affect what happens in the vehicle while someone is travelling in it.

(3)But, for the purpose of complying with the first or third requirement, A may not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is—

(a)a hire-vehicle designed and constructed for the carriage of passengers, comprising more than 8 seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes,

(b)a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes,

(c)a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998 (or under a provision of a local Act corresponding to either of those provisions),

(d)a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982),

(e)a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981),

(f)a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992),

(g)a taxi,

(h)a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or

(i)a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992).

(4)In so far as the second requirement requires A to adopt a reasonable alternative method of providing the service to disabled persons, A may not, for the purpose of complying with the requirement, rely on sub-paragraph (2)(b), (c) or (d) if the vehicle is within sub-paragraph (3)(h).

(5)A may not, for the purpose of complying with the first, second or third requirement rely on sub-paragraph (2) of this paragraph if A provides the service by way of a hire-vehicle built to carry no more than 8 passengers.

(6)For the purposes of sub-paragraph (5) in its application to the second requirement, a part of a vehicle is to be regarded as a physical feature if it requires alteration in order to facilitate the provision of—

(a)hand controls to enable a disabled person to operate braking and accelerator systems in the vehicle, or

(b)facilities for the stowage of a wheelchair.

(7)For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical systems are not physical features; and for the purposes of sub-paragraph (6)(b), fixed seating is not a physical feature.

(8)In the case of a vehicle within sub-paragraph (3), a relevant device is not an auxiliary aid for the purposes of the third requirement.

(9)A relevant device is a device or structure, or equipment, the installation, operation or maintenance of which would necessitate making a permanent alteration to, or which would have a permanent effect on, the internal or external fabric of the vehicle.

(10)Regulations may amend this paragraph so as to provide for sub-paragraph (2) not to apply, or to apply only so far as is prescribed, in relation to vehicles of a prescribed description.

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.

Commencement Information

I16Sch. 2 para. 3 wholly in force at 1.9.2012; para. 3 not in force at Royal assent see s. 216; para. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 3 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)

InterpretationE+W+S

4(1)This paragraph applies for the purposes of paragraph 3.E+W+S

(2)A “hire-vehicle” is a vehicle hired (by way of a trade) under a hiring agreement to which section 66 of the Road Traffic Offenders Act 1988 applies.

(3)A “taxi”, in England and Wales, is a vehicle—

(a)licensed under section 37 of the Town Police Clauses Act 1847,

(b)licensed under section 6 of the Metropolitan Public Carriage Act 1869, or

(c)drawn by one or more persons or animals.

(4)A “taxi”, in Scotland, is—

(a)a hire car engaged, by arrangements made in a public place between the person to be transported (or a person acting on that person's behalf) and the driver, for a journey starting there and then, or

(b)a vehicle drawn by one or more persons or animals.

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.

Commencement Information

I17Sch. 2 para. 4 wholly in force at 1.9.2012; para. 4 not in force at Royal assent see s. 216; para. 4 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 4 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)

Section 31

SCHEDULE 3E+W+SServices and public functions: exceptions

Part 1 E+W+SConstitutional matters

ParliamentE+W+S

1(1)Section 29 does not apply to the exercise of—E+W+S

(a)a function of Parliament;

(b)a function exercisable in connection with proceedings in Parliament.

(2)Sub-paragraph (1) does not permit anything to be done to or in relation to an individual unless it is done by or in pursuance of a resolution or other deliberation of either House or of a Committee of either House.

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.

Commencement Information

I18Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

LegislationE+W+S

2(1)Section 29 does not apply to preparing, making or considering—E+W+S

(a)an Act of Parliament;

(b)a Bill for an Act of Parliament;

(c)an Act of the Scottish Parliament;

(d)a Bill for an Act of the Scottish Parliament;

(e)an Act of the National Assembly for Wales;

(f)a Bill for an Act of the National Assembly for Wales.

(2)Section 29 does not apply to preparing, making, approving or considering—

(a)a Measure of the National Assembly for Wales;

(b)a proposed Measure of the National Assembly for Wales.

(3)Section 29 does not apply to preparing, making, confirming, approving or considering an instrument which is made under an enactment by—

(a)a Minister of the Crown;

(b)the Scottish Ministers or a member of the Scottish Executive;

(c)the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

(4)Section 29 does not apply to preparing, making, confirming, approving or considering an instrument to which paragraph 6(a) of Schedule 2 to the Synodical Government Measure 1969 (1969 No. 2) (Measures, Canons, Acts of Synod, orders, etc.) applies.

(5)Section 29 does not apply to anything done in connection with the preparation, making, consideration, approval or confirmation of an instrument made by—

(a)Her Majesty in Council;

(b)the Privy Council.

(6)Section 29 does not apply to anything done in connection with the imposition of a requirement or condition which comes within Schedule 22 (statutory provisions).

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.

Commencement Information

I19Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Judicial functionsE+W+S

3(1)Section 29 does not apply to—E+W+S

(a)a judicial function;

(b)anything done on behalf of, or on the instructions of, a person exercising a judicial function;

(c)a decision not to commence or continue criminal proceedings;

(d)anything done for the purpose of reaching, or in pursuance of, a decision not to commence or continue criminal proceedings.

(2)A reference in sub-paragraph (1) to a judicial function includes a reference to a judicial function conferred on a person other than a court or tribunal.

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.

Commencement Information

I20Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Armed forcesE+W+S

4(1)Section 29(6), so far as relating to relevant discrimination, does not apply to anything done for the purpose of ensuring the combat effectiveness of the armed forces.E+W+S

(2)“Relevant discrimination” is—

(a)age discrimination;

(b)disability discrimination;

(c)gender reassignment discrimination;

(d)sex discrimination.

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.

Commencement Information

I21Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Security services, etc.E+W+S

5Section 29 does not apply to—E+W+S

(a)the Security Service;

(b)the Secret Intelligence Service;

(c)the Government Communications Headquarters;

(d)a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

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.

Commencement Information

I22Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 2 E+W+SEducation

6In its application to a local authority in England and Wales, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to—E+W+S

(a)the exercise of the authority's functions under section 14 of the Education Act 1996 (provision of schools);

(b)the exercise of its function under section 13 of that Act in so far as it relates to a function of its under section 14 of that Act.

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.

Commencement Information

I23Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

7In its application to an education authority, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to—E+W+S

(a)the exercise of the authority's functions under section 17 of the Education (Scotland) Act 1980 (provision of schools);

(b)the exercise of its functions under section 1 of that Act, section 2 of the Standards in Scotland's Schools etc. Act 2000 (asp 6) or section 4 or 5 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (general responsibility for education) in so far as it relates to a matter specified in paragraph (a);

(c)the exercise of its functions under subsection (1) of section 50 of the Education (Scotland) Act 1980 (education of pupils in exceptional circumstances) in so far as it consists of making arrangements of the description referred to in subsection (2) of that section.

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.

Commencement Information

I24Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

8(1)In its application to a local authority in England and Wales or an education authority, section 29, so far as relating to sex discrimination, does not apply to the exercise of the authority's functions in relation to the establishment of a school.E+W+S

(2)But nothing in sub-paragraph (1) is to be taken as disapplying section 29 in relation to the exercise of the authority's functions under section 14 of the Education Act 1996 or section 17 of the Education (Scotland) Act 1980.

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.

Commencement Information

I25Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

9Section 29, so far as relating to age discrimination, does not apply in relation to anything done in connection with—E+W+S

(a)the curriculum of a school,

(b)admission to a school,

(c)transport to or from a school, or

(d)the establishment, alteration or closure of schools.

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.

Commencement Information

I26Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

10(1)Section 29, so far as relating to disability discrimination, does not require a local authority in England or Wales exercising functions under the Education Acts or an education authority exercising relevant functions to remove or alter a physical feature.E+W+S

(2)Relevant functions are functions under—

(a)the Education (Scotland) Act 1980,

(b)the Education (Scotland) Act 1996,

(c)the Standards in Scotland's Schools etc. Act 2000, or

(d)the Education (Additional Support for Learning) (Scotland) Act 2004.

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.

Commencement Information

I27Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

11Section 29, so far as relating to religious or belief-related discrimination, does not apply in relation to anything done in connection with—E+W+S

(a)the curriculum of a school;

(b)admission to a school which has a religious ethos;

(c)acts of worship or other religious observance organised by or on behalf of a school (whether or not forming part of the curriculum);

(d)the responsible body of a school which has a religious ethos;

(e)transport to or from a school;

(f)the establishment, alteration or closure of schools.

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.

Commencement Information

I28Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

12This Part of this Schedule is to be construed in accordance with Chapter 1 of Part 6.E+W+S

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.

Commencement Information

I29Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 3 E+W+SHealth and care

Blood servicesE+W+S

13(1)A person operating a blood service does not contravene section 29 only by refusing to accept a donation of an individual's blood if—E+W+S

(a)the refusal is because of an assessment of the risk to the public, or to the individual, based on clinical, epidemiological or other data obtained from a source on which it is reasonable to rely, and

(b)the refusal is reasonable.

(2)A blood service is a service for the collection and distribution of human blood for the purposes of medical services.

(3)Blood” includes blood components.

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.

Commencement Information

I30Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Health and safetyE+W+S

14(1)A service-provider (A) who refuses to provide the service to a pregnant woman does not discriminate against her in contravention of section 29 because she is pregnant if—E+W+S

(a)A reasonably believes that providing her with the service would, because she is pregnant, create a risk to her health or safety,

(b)A refuses to provide the service to persons with other physical conditions, and

(c)the reason for that refusal is that A reasonably believes that providing the service to such persons would create a risk to their health or safety.

(2)A service-provider (A) who provides, or offers to provide, the service to a pregnant woman on conditions does not discriminate against her in contravention of section 29 because she is pregnant if—

(a)the conditions are intended to remove or reduce a risk to her health or safety,

(b)A reasonably believes that the provision of the service without the conditions would create a risk to her health or safety,

(c)A imposes conditions on the provision of the service to persons with other physical conditions, and

(d)the reason for the imposition of those conditions is that A reasonably believes that the provision of the service to such persons without those conditions would create a risk to their health or safety.

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.

Commencement Information

I31Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Care within the familyE+W+S

15A person (A) does not contravene section 29 only by participating in arrangements under which (whether or not for reward) A takes into A's home, and treats as members of A's family, persons requiring particular care and attention.E+W+S

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.

Commencement Information

I32Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 4 E+W+SImmigration

[F1AgeE+W+S

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)

15A(1)This paragraph applies in relation to age discrimination.E+W+S

(2)Section 29 does not apply to anything done by a relevant person in the exercise of functions exercisable by virtue of a relevant enactment.

(3)A relevant person is —

(a)a Minister of the Crown acting personally, or

(b)a person acting in accordance with a relevant authorisation.

(4)A relevant authorisation is a requirement imposed or express authorisation given—

(a)with respect to a particular case or class of case, by a Minister of the Crown acting personally;

(b)with respect to a particular class of case, by a relevant enactment or by an instrument made under or by virtue of a relevant enactment.

(5)The relevant enactments are—

(a)the Immigration Acts,

(b)the Special Immigration Appeals Commission Act 1997,

(c)a provision made under section 2(2) of the European Communities Act 1972 which relates to immigration or asylum, and

(d)a provision of EU law which relates to immigration or asylum.

(6)The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—

(a)sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc.), or

(b)section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (power of arrest).]

DisabilityE+W+S

16(1)This paragraph applies in relation to disability discrimination.E+W+S

(2)Section 29 does not apply to—

(a)a decision within sub-paragraph (3);

(b)anything done for the purposes of or in pursuance of a decision within that sub-paragraph.

(3)A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) to do any of the following on the ground that doing so is necessary for the public good—

(a)to refuse entry clearance;

(b)to refuse leave to enter or remain in the United Kingdom;

(c)to cancel leave to enter or remain in the United Kingdom;

(d)to vary leave to enter or remain in the United Kingdom;

(e)to refuse an application to vary leave to enter or remain in the United Kingdom.

(4)Section 29 does not apply to—

(a)a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3);

(b)a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within that sub-paragraph.

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.

Commencement Information

I33Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Nationality and ethnic or national originsE+W+S

17(1)This paragraph applies in relation to race discrimination so far as relating to—E+W+S

(a)nationality, or

(b)ethnic or national origins.

(2)Section 29 does not apply to anything done by a relevant person in the exercise of functions exercisable by virtue of a relevant enactment.

(3)A relevant person is—

(a)a Minister of the Crown acting personally, or

(b)a person acting in accordance with a relevant authorisation.

(4)A relevant authorisation is a requirement imposed or express authorisation given—

(a)with respect to a particular case or class of case, by a Minister of the Crown acting personally;

(b)with respect to a particular class of case, by a relevant enactment or by an instrument made under or by virtue of a relevant enactment.

(5)The relevant enactments are—

(a)the Immigration Acts,

(b)the Special Immigration Appeals Commission Act 1997,

(c)a provision made under section 2(2) of the European Communities Act 1972 which relates to immigration or asylum, and

(d)a provision of [F2EU law] which relates to immigration or asylum.

(6)The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to—

(a)sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc.), or

(b)section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (power of arrest).

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)

Commencement Information

I34Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Religion or beliefE+W+S

18(1)This paragraph applies in relation to religious or belief-related discrimination.E+W+S

(2)Section 29 does not apply to a decision within sub-paragraph (3) or anything done for the purposes of or in pursuance of a decision within that sub-paragraph.

(3)A decision is within this sub-paragraph if it is a decision taken in accordance with immigration rules—

(a)to refuse entry clearance or leave to enter the United Kingdom, or to cancel leave to enter or remain in the United Kingdom, on the grounds that the exclusion of the person from the United Kingdom is conducive to the public good, or

(b)to vary leave to enter or remain in the United Kingdom, or to refuse an application to vary leave to enter or remain in the United Kingdom, on the grounds that it is undesirable to permit the person to remain in the United Kingdom.

(4)Section 29 does not apply to a decision within sub-paragraph (5), or anything done for the purposes of or in pursuance of a decision within that sub-paragraph, if the decision is taken on grounds mentioned in sub-paragraph (6).

(5)A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) in connection with an application for entry clearance or for leave to enter or remain in the United Kingdom.

(6)The grounds referred to in sub-paragraph (4) are—

(a)the grounds that a person holds an office or post in connection with a religion or belief or provides a service in connection with a religion or belief,

(b)the grounds that a religion or belief is not to be treated in the same way as certain other religions or beliefs, or

(c)the grounds that the exclusion from the United Kingdom of a person to whom paragraph (a) applies is conducive to the public good.

(7)Section 29 does not apply to—

(a)a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3) or (5);

(b)a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within either of those sub-paragraphs.

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.

Commencement Information

I35Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

InterpretationE+W+S

19A reference to entry clearance, leave to enter or remain or immigration rules is to be construed in accordance with the Immigration Act 1971.E+W+S

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.

Commencement Information

I36Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 5 E+W+S[F3Insurance and other financial services]

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)

Services arranged by employerE+W+S

20(1)Section 29 does not apply to the provision of a relevant financial service if the provision is in pursuance of arrangements made by an employer for the service-provider to provide the service to the employer's employees, and other persons, as a consequence of the employment.E+W+S

(2)Relevant financial service” means—

(a)insurance or a related financial service, or

(b)a service relating to membership of or benefits under a personal pension scheme (within the meaning given by section 1 of the Pension Schemes Act 1993).

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.

Commencement Information

I37Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F4AgeE+W+S

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)

20A(1)A person (A) does not contravene section 29, so far as relating to age discrimination, by doing anything in connection with the provision of a financial service.E+W+S

(2)Where A conducts an assessment of risk for the purposes of providing the financial service to another person (B), A may rely on sub-paragraph (1) only if the assessment of risk, so far as it involves a consideration of B's age, is carried out by reference to information which is relevant to the assessment of risk and from a source on which it is reasonable to rely.

(3)In this paragraph, “financial service” includes a service of a banking, credit, insurance, personal pension, investment or payment nature.]

DisabilityE+W+S

21(1)It is not a contravention of section 29, so far as relating to disability discrimination, to do anything in connection with insurance business if—E+W+S

(a)that thing is done by reference to information that is both relevant to the assessment of the risk to be insured and from a source on which it is reasonable to rely, and

(b)it is reasonable to do that thing.

(2)Insurance business” means business which consists of effecting or carrying out contracts of insurance; and that definition is to be read with—

(a)section 22 of the Financial Services and Markets Act 2000,

(b)any relevant order under that Act, and

(c)Schedule 2 to that Act.

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.

Commencement Information

I38Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Sex, gender reassignment, pregnancy and maternityE+W+S

22F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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)

Commencement Information

I39Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Existing insurance policiesE+W+S

23(1)It is not a contravention of section 29, so far as relating to relevant discrimination, to do anything in connection with insurance business in relation to an existing insurance policy.E+W+S

(2)“Relevant discrimination” is—

(a)age discrimination;

(b)disability discrimination;

(c)gender reassignment discrimination;

(d)pregnancy and maternity discrimination;

(e)race discrimination;

(f)religious or belief-related discrimination;

(g)sex discrimination;

(h)sexual orientation discrimination.

(3)An existing insurance policy is a policy of insurance entered into before the date on which this paragraph comes into force.

(4)Sub-paragraph (1) does not apply where an existing insurance policy was renewed, or the terms of such a policy were reviewed, on or after the date on which this paragraph comes into force.

(5)A review of an existing insurance policy which was part of, or incidental to, a general reassessment by the service-provider of the pricing structure for a group of policies is not a review for the purposes of sub-paragraph (4).

(6)Insurance business” has the meaning given in paragraph 21.

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.

Commencement Information

I40Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 6 E+W+SMarriage

Gender reassignment: England and WalesE+W+S

24(1)A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in reliance on section 5B of the Marriage Act 1949 (solemnisation of marriages involving person of acquired gender).E+W+S

(2)A person (A) whose consent to the solemnisation of the marriage of a person (B) is required under section 44(1) of the Marriage Act 1949 (solemnisation in registered building) does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to consent if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004.

(3)Sub-paragraph (4) applies to a person (A) who may, in a case that comes within the Marriage Act 1949 (other than the case mentioned in sub-paragraph (1)), solemnise marriages according to a form, rite or ceremony of a body of persons who meet for religious worship.

(4)A does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to solemnise, in accordance with a form, rite or ceremony as described in sub-paragraph (3), the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004.

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.

Commencement Information

I41Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Gender reassignment: ScotlandE+W+S

25(1)An approved celebrant (A) does not contravene section 29, so far as relating to gender reassignment discrimination, only by refusing to solemnise the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004.E+W+S

(2)In sub-paragraph (1) “approved celebrant” has the meaning given in section 8(2)(a) of the Marriage (Scotland) Act 1977 (persons who may solemnise marriage).

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.

Commencement Information

I42Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 7 E+W+S[F6Separate, single and concessionary services, etc]

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)

Separate services for the sexesE+W+S

26(1)A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services for persons of each sex if—E+W+S

(a)a joint service for persons of both sexes would be less effective, and

(b)the limited provision is a proportionate means of achieving a legitimate aim.

(2)A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services differently for persons of each sex if—

(a)a joint service for persons of both sexes would be less effective,

(b)the extent to which the service is required by one sex makes it not reasonably practicable to provide the service otherwise than as a separate service provided differently for each sex, and

(c)the limited provision is a proportionate means of achieving a legitimate aim.

(3)This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service.

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.

Commencement Information

I43Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Single-sex servicesE+W+S

27(1)A person does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex if—E+W+S

(a)any of the conditions in sub-paragraphs (2) to (7) is satisfied, and

(b)the limited provision is a proportionate means of achieving a legitimate aim.

(2)The condition is that only persons of that sex have need of the service.

(3)The condition is that—

(a)the service is also provided jointly for persons of both sexes, and

(b)the service would be insufficiently effective were it only to be provided jointly.

(4)The condition is that—

(a)a joint service for persons of both sexes would be less effective, and

(b)the extent to which the service is required by persons of each sex makes it not reasonably practicable to provide separate services.

(5)The condition is that the service is provided at a place which is, or is part of—

(a)a hospital, or

(b)another establishment for persons requiring special care, supervision or attention.

(6)The condition is that—

(a)the service is provided for, or is likely to be used by, two or more persons at the same time, and

(b)the circumstances are such that a person of one sex might reasonably object to the presence of a person of the opposite sex.

(7)The condition is that—

(a)there is likely to be physical contact between a person (A) to whom the service is provided and another person (B), and

(b)B might reasonably object if A were not of the same sex as B.

(8)This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service.

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.

Commencement Information

I44Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Gender reassignmentE+W+S

28(1)A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim.E+W+S

(2)The matters are—

(a)the provision of separate services for persons of each sex;

(b)the provision of separate services differently for persons of each sex;

(c)the provision of a service only to persons of one sex.

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.

Commencement Information

I45Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Services relating to religionE+W+S

29(1)A minister does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex or separate services for persons of each sex, if—E+W+S

(a)the service is provided for the purposes of an organised religion,

(b)it is provided at a place which is (permanently or for the time being) occupied or used for those purposes, and

(c)the limited provision of the service is necessary in order to comply with the doctrines of the religion or is for the purpose of avoiding conflict with the strongly held religious convictions of a significant number of the religion's followers.

(2)The reference to a minister is a reference to a minister of religion, or other person, who—

(a)performs functions in connection with the religion, and

(b)holds an office or appointment in, or is accredited, approved or recognised for purposes of, a relevant organisation in relation to the religion.

(3)An organisation is a relevant organisation in relation to a religion if its purpose is—

(a)to practise the religion,

(b)to advance the religion,

(c)to teach the practice or principles of the religion,

(d)to enable persons of the religion to receive benefits, or to engage in activities, within the framework of that religion, or

(e)to foster or maintain good relations between persons of different religions.

(4)But an organisation is not a relevant organisation in relation to a religion if its sole or main purpose is commercial.

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.

Commencement Information

I46Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Services generally provided only for persons who share a protected characteristicE+W+S

30If a service is generally provided only for persons who share a protected characteristic, a person (A) who normally provides the service for persons who share that characteristic does not contravene section 29(1) or (2)—E+W+S

(a)by insisting on providing the service in the way A normally provides it, or

(b)if A reasonably thinks it is impracticable to provide the service to persons who do not share that characteristic, by refusing to provide the service.

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.

Commencement Information

I47Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F7ConcessionsE+W+S

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)

30A(1)A person does not contravene section 29, so far as relating to age discrimination, by giving a concession in respect of a service to persons of a particular age group.E+W+S

(2)The reference to a concession in respect of a service is a reference to a benefit, right or privilege having the effect that the manner in which the service is provided is, or the terms on which it is provided are, more favourable than the manner in which, or the terms on which, it is usually provided to the public (or, where it is provided to a section of the public, that section).]

[F8Age related holidaysE+W+S

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)

30B(1)A person (P) does not contravene section 29, so far as relating to age discrimination, by providing a relevant holiday service to persons of a particular age group.E+W+S

(2)In sub-paragraph (1) “relevant holiday service” means a service—

(a)which involves the provision of at least two of the following together for a single price—

(i)travel;

(ii)accommodation;

(iii)access to activities or services not ancillary to travel or accommodation which form a significant part of the service or its cost;

(b)the provision of which is for a period of more than 24 hours or includes the provision of overnight accommodation;

(c)which P provides only to persons of the age group in question; and

(d)an essential feature of which is the bringing together of persons of that age group with a view to facilitating their enjoyment of facilities or services designed with particular regard to persons of that age group.

(3)P may not rely on sub-paragraph (1) unless, before providing a person with a relevant holiday service, P provides the person with a written statement that the service is provided only to persons of the age group in question.

(4)For the purpose of sub-paragraph (2)(a)(i), “travel” includes an option for an individual to make alternative travel arrangements to those included in the relevant holiday service as offered by P.]

[F9Age restricted servicesE+W+S

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)

30C(1)This paragraph applies where a person (P)—E+W+S

(a)provides a service the provision of which is prohibited by or under an enactment to persons under the age specified in or under the enactment (“the statutory age”), and

(b)displays on the premises on which the service is provided an age warning in relation to the provision of the service.

(2)An age warning in relation to the provision of a service is a statement to the effect that the service will not be provided to a person who—

(a)appears to P, or an employee or agent of P's, to be under the age specified in the statement, and

(b)on being required to do so by P or the employee or agent, fails to produce satisfactory identification.

(3)P does not contravene section 29, so far as relating to age discrimination, by not providing the service to a person, who—

(a)appears to P, or an employee or agent of P's, to be under the age specified in the age warning in relation to the provision of the service, and

(b)on being required to do so by P or the employee or agent, fails to produce satisfactory identification.

(4)In this paragraph—

(a)a reference to the provision of a service includes a reference to provision of access to the service, and

(b)satisfactory identification”, in relation to a person, means a valid document which—

(i)in the case of licensed premises where an age condition applies, meets that condition, and

(ii)in any other case includes a photograph of the person and establishes that the person has attained the statutory age in relation to the provision of a service;

  • licensed premises” means premises in respect of which a relevant premises licence within the meaning of section 19A of the Licensing Act 2003 (mandatory conditions where alcohol sold) has effect; and

  • age condition” means a condition specified in an order under subsection (1) of section 19A of that Act requiring the age of certain persons to be verified in the manner specified in the condition before they are served alcohol in premises where the condition applies.]

[F10Residential mobile homesE+W+S

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)

30D(1)A person (A) who is the owner of a protected site does not contravene section 29, so far as relating to age discrimination, by—E+W+S

(a)entering into a mobile home agreement with a person (B) that entitles only persons who have attained a particular age to station and occupy a mobile home on land forming part of the site, or

(b)refusing to permit assignment by B of a mobile home agreement to any person other than a person who has attained a particular age.

(2)A does not contravene section 29, so far as relating to age discrimination, by imposing a requirement in park rules that mobile homes stationed on land forming part of the site and occupied under mobile home agreements may be occupied only by persons who have attained a particular age.

(3)A does not contravene section 29, so far as relating to age discrimination, by—

(a)imposing in or under a mobile home rental agreement with a person (C) a requirement that the mobile home to which the agreement relates may be occupied only by persons who have attained a particular age, or

(b)refusing to permit assignment by C of a mobile home rental agreement to any person other than a person who has attained a particular age.

(4)But A may not rely on sub-paragraph (1) or (3) unless, before doing something mentioned in that sub-paragraph, A provides B or C, as the case may be, with a written statement to the effect that the mobile home in question may be occupied only by persons who have attained the age in question.

(5)In this paragraph,

  • mobile home agreement” means an agreement to which the Mobile Homes Act 1983 applies; and “owner”, “protected site” and “mobile home” have the same meaning as in that Act;

  • park rules” means rules applying to residents of mobile homes on the protected site and required to be observed by a term in the mobile home agreement or the mobile home rental agreement as the case may be;

  • mobile home rental agreement” means an agreement (other than an arrangement to occupy a mobile home for the purposes of a holiday) under which a person (“the occupier”) is entitled to occupy a mobile home on the protected site as the occupier's residence whether for a specified period or for successive periods of a specified duration subject to payment of money and the performance of other obligations.]

Part 8 E+W+STelevision, radio and on-line broadcasting and distribution

31(1)Section 29 does not apply to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003).E+W+S

(2)Sub-paragraph (1) does not apply to the provision of an electronic communications network, electronic communications service or associated facility (each of which has the same meaning as in that Act).

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.

Commencement Information

I48Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Part 9 E+W+STransport

Application to disabilityE+W+S

32This Part of this Schedule applies in relation to disability discrimination.E+W+S

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.

Commencement Information

I49Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Transport by airE+W+S

33(1)Section 29 does not apply to—E+W+S

(a)transporting people by air;

(b)a service provided on a vehicle for transporting people by air.

(2)Section 29 does not apply to anything governed by Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

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.

Commencement Information

I50Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F11Transport by land: road]E+W+S

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)

34(1)Section 29 does not apply to transporting people by land, unless the vehicle concerned is—E+W+S

(a)a hire-vehicle designed and constructed for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat,

(b)a hire-vehicle designed and constructed for the carriage of passengers, comprising more than 8 seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes,

(c)a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes,

(d)a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998 (or under a provision of a local Act corresponding to either of those provisions),

(e)a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982),

(f)a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981),

(g)a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992),

(h)a taxi,

(i)a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or

(j)a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992).

(2)Paragraph 4 of Schedule 2 applies for the purposes of this paragraph as it applies for the purposes of paragraph 3 of that Schedule.

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.

Commencement Information

I51Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

[F12Transport by land: railE+W+S

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)

34ASection 29 does not apply to anything governed by Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations. M1]E+W+S

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.

Marginal Citations

M1OJ No. L315, 3.12.2007, p.14.

Part 10 E+W+SSupplementary

Power to amendE+W+S

35(1)A Minister of the Crown may by order amend this Schedule—E+W+S

(a)so as to add, vary or omit an exception to section 29, so far as relating to disability, religion or belief or sexual orientation;

(b)so as to add, vary or omit an exception to section 29(6), so far as relating to gender reassignment, pregnancy and maternity, race or sex.

(2)But provision by virtue of sub-paragraph (1) may not amend this Schedule—

(a)so as to omit an exception in paragraph 1, 2 or 3;

(b)so as to reduce the extent to which an exception in paragraph 1, 2 or 3 applies.

(3)For the purposes of an order under sub-paragraph (1)(a), so far as relating to disability, which makes provision in relation to transport by air, it does not matter whether the transport is within or outside the United Kingdom.

(4)Before making an order under this paragraph the Minister must consult the Commission.

(5)Nothing in this paragraph affects the application of any other provision of this Act to conduct outside England and Wales or Scotland.

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.

Commencement Information

I52Sch. 3 wholly in force at 1.10.2012; Sch. 3 not in force at Royal assent see s. 216; Sch. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); Sch. 3 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(d)

Section 38

SCHEDULE 4E+W+SPremises: reasonable adjustments

PreliminaryE+W+S

1This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.E+W+S

The duty in relation to let premisesE+W+S

2(1)This paragraph applies where A is a controller of let premises.E+W+S

(2)A must comply with the first and third requirements.

(3)For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to a term of the letting.

(4)For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who—

(a)is a tenant of the premises, or

(b)is otherwise entitled to occupy them.

(5)In relation to each requirement, the relevant matters are—

(a)the enjoyment of the premises;

(b)the use of a benefit or facility, entitlement to which arises as a result of the letting.

(6)Sub-paragraph (2) applies only if A receives a request from or on behalf of the tenant or a person entitled to occupy the premises to take steps to avoid the disadvantage or provide the auxiliary aid.

(7)If a term of the letting that prohibits the tenant from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the tenant to make alterations to the let premises so as to avoid the disadvantage.

(8)It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature.

(9)For the purposes of this paragraph, physical features do not include furniture, furnishings, materials, equipment or other chattels in or on the premises; and none of the following is an alteration of a physical feature—

(a)the replacement or provision of a sign or notice;

(b)the replacement of a tap or door handle;

(c)the replacement, provision or adaptation of a door bell or door entry system;

(d)changes to the colour of a wall, door or any other surface.

(10)The terms of a letting include the terms of an agreement relating to it.

The duty in relation to premises to letE+W+S

3(1)This paragraph applies where A is a controller of premises to let.E+W+S

(2)A must comply with the first and third requirements.

(3)For the purposes of this paragraph, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who is considering taking a letting of the premises.

(4)In relation to each requirement, the relevant matter is becoming a tenant of the premises.

(5)Sub-paragraph (2) applies only if A receives a request by or on behalf of a disabled person within sub-paragraph (3) for A to take steps to avoid the disadvantage or provide the auxiliary aid.

(6)Nothing in this paragraph requires A to take a step which would involve the removal or alteration of a physical feature.

(7)Sub-paragraph (9) of paragraph 2 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.

The duty in relation to commonhold unitsE+W+S

4(1)This paragraph applies where A is a commonhold association; and the reference to a commonhold association is a reference to the association in its capacity as the person who manages a commonhold unit.E+W+S

(2)A must comply with the first and third requirements.

(3)For the purposes of this paragraph, the reference in section 20(3) to a provision, criterion or practice of A's includes a reference to—

(a)a term of the commonhold community statement, or

(b)any other term applicable by virtue of the transfer of the unit to the unit-holder.

(4)For those purposes, the reference in section 20(3) or (5) to a disabled person is a reference to a disabled person who—

(a)is the unit-holder, or

(b)is otherwise entitled to occupy the unit.

(5)In relation to each requirement, the relevant matters are—

(a)the enjoyment of the unit;

(b)the use of a benefit or facility, entitlement to which arises as a result of a term within sub-paragraph (3)(a) or (b).

(6)Sub-paragraph (2) applies only if A receives a request from or on behalf of the unit-holder or a person entitled to occupy the unit to take steps to avoid the disadvantage or provide the auxiliary aid.

(7)If a term within sub-paragraph (3)(a) or (b) that prohibits the unit-holder from making alterations puts the disabled person at the disadvantage referred to in the first requirement, A is required to change the term only so far as is necessary to enable the unit-holder to make alterations to the unit so as to avoid the disadvantage.

(8)It is never reasonable for A to have to take a step which would involve the removal or alteration of a physical feature; and sub-paragraph (9) of paragraph 2 applies in relation to a commonhold unit as it applies in relation to let premises.

The duty in relation to common partsE+W+S

5(1)This paragraph applies where A is a responsible person in relation to common parts.E+W+S

(2)A must comply with the second requirement.

(3)For the purposes of this paragraph, the reference in section 20(4) to a physical feature is a reference to a physical feature of the common parts.

(4)For those purposes, the reference in section 20(4) to a disabled person is a reference to a disabled person who—

(a)is a tenant of the premises,

(b)is a unit-holder, or

(c)is otherwise entitled to occupy the premises,

and uses or intends to use the premises as the person's only or main home.

(5)In relation to the second requirement, the relevant matter is the use of the common parts.

(6)Sub-paragraph (2) applies only if—

(a)A receives a request by or on behalf of a disabled person within sub-paragraph (4) for A to take steps to avoid the disadvantage, and

(b)the steps requested are likely to avoid or reduce the disadvantage.

Consultation on adjustments relating to common partsE+W+S

6(1)In deciding whether it is reasonable to take a step for the purposes of paragraph 5, A must consult all persons A thinks would be affected by the step.E+W+S

(2)The consultation must be carried out within a reasonable period of the request being made.

(3)A is not required to have regard to a view expressed against taking a step in so far as A reasonably believes that the view is expressed because of the disabled person's disability.

(4)Nothing in this paragraph affects anything a commonhold association is required to do pursuant to Part 1 of the Commonhold and Leasehold Reform Act 2002.

Agreement on adjustments relating to common partsE+W+S

7(1)If A decides that it is reasonable to take a step for the purposes of paragraph 5, A and the disabled person must agree in writing the rights and responsibilities of each of them in relation to the step.E+W+S

(2)An agreement under this paragraph must, in particular, make provision as to the responsibilities of the parties in relation to—

(a)the costs of any work to be undertaken;

(b)other costs arising from the work;

(c)the restoration of the common parts to their former condition if the relevant disabled person stops living in the premises.

(3)It is always reasonable before the agreement is made for A to insist that the agreement should require the disabled person to pay—

(a)the costs referred to in paragraphs (a) and (b) of sub-paragraph (2), and

(b)the costs of the restoration referred to in paragraph (c) of that sub-paragraph.

(4)If an agreement under this paragraph is made, A's obligations under the agreement become part of A's interest in the common parts and pass on subsequent disposals accordingly.

(5)Regulations may require a party to an agreement under this paragraph to provide, in prescribed circumstances, prescribed information about the agreement to persons of a prescribed description.

(6)The regulations may require the information to be provided in a prescribed form.

(7)Regulations may make provision as to circumstances in which an agreement under this paragraph is to cease to have effect, in so far as the agreement does not itself make provision for termination.

VictimisationE+W+S

8(1)This paragraph applies where the relevant disabled person comes within paragraph 2(4)(b), 4(4)(b) or 5(4)(c).E+W+S

(2)A must not, because of costs incurred in connection with taking steps to comply with a requirement imposed for the purposes of paragraph 2, 4 or 5, subject to a detriment—

(a)a tenant of the premises, or

(b)the unit-holder.

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.

Commencement Information

I53Sch. 4 para. 8 partly in force; para. 8 not in force at Royal Assent see s. 216; para. 8 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(4)(e)(ii)

RegulationsE+W+S

9(1)This paragraph applies for the purposes of section 36 and this Schedule.E+W+S

(2)Regulations may make provision as to—

(a)circumstances in which premises are to be treated as let, or as not let, to a person;

(b)circumstances in which premises are to be treated as being, or as not being, to let;

(c)who is to be treated as being, or as not being, a person entitled to occupy premises otherwise than as tenant or unit-holder;

(d)who is to be treated as being, or as not being, a person by whom premises are let;

(e)who is to be treated as having, or as not having, premises to let;

(f)who is to be treated as being, or as not being, a manager of premises.

(3)Provision made by virtue of this paragraph may amend this Schedule.

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.

Commencement Information

I54Sch. 4 para. 9 wholly in force; para. 9 not in force at Royal Assent see s. 216; para. 9 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; para. 9 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(4)(e)(iii) (with art. 15)

Section 38

SCHEDULE 5E+W+SPremises: exceptions

Owner-occupierE+W+S

1(1)This paragraph applies to the private disposal of premises by an owner-occupier.E+W+S

(2)A disposal is a private disposal only if the owner-occupier does not—

(a)use the services of an estate agent for the purpose of disposing of the premises, or

(b)publish (or cause to be published) an advertisement in connection with their disposal.

(3)Section 33(1) applies only in so far as it relates to race.

(4)Section 34(1) does not apply in so far as it relates to—

(a)religion or belief, or

(b)sexual orientation.

(5)In this paragraph—

  • estate agent” means a person who, by way of profession or trade, provides services for the purpose of—

    (a)

    finding premises for persons seeking them, or

    (b)

    assisting in the disposal of premises;

  • owner-occupier” means a person who—

    (a)

    owns an estate or interest in premises, and

    (b)

    occupies the whole of them.

2(1)Section 36(1)(a) does not apply if—E+W+S

(a)the premises are, or have been, the only or main home of a person by whom they are let, and

(b)since entering into the letting, neither that person nor any other by whom they are let has used a manager for managing the premises.

(2)A manager is a person who, by profession or trade, manages let premises.

(3)Section 36(1)(b) does not apply if—

(a)the premises are, or have been, the only or main home of a person who has them to let, and

(b)neither that person nor any other who has the premises to let uses the services of an estate agent for letting the premises.

(4)Estate agent” has the meaning given in paragraph 1.

Small premisesE+W+S

3(1)This paragraph applies to anything done by a person in relation to the disposal, occupation or management of part of small premises if—E+W+S

(a)the person or a relative of that person resides, and intends to continue to reside, in another part of the premises, and

(b)the premises include parts (other than storage areas and means of access) shared with residents of the premises who are not members of the same household as the resident mentioned in paragraph (a).

(2)Sections 33(1), 34(1) and 35(1) apply only in so far as they relate to race.

(3)Premises are small if—

(a)the only other persons occupying the accommodation occupied by the resident mentioned in sub-paragraph (1)(a) are members of the same household,

(b)the premises also include accommodation for at least one other household,

(c)the accommodation for each of those other households is let, or available for letting, on a separate tenancy or similar agreement, and

(d)the premises are not normally sufficient to accommodate more than two other households.

(4)Premises are also small if they are not normally sufficient to provide residential accommodation for more than six persons (in addition to the resident mentioned in sub-paragraph (1)(a) and members of the same household).

(5)In this paragraph, “relative” means—

(a)spouse or civil partner,

(b)unmarried partner,

(c)parent or grandparent,

(d)child or grandchild (whether or not legitimate),

(e)the spouse, civil partner or unmarried partner of a child or grandchild,

(f)brother or sister (whether of full blood or half-blood), or

(g)a relative within paragraph (c), (d), (e) or (f) whose relationship arises as a result of marriage or civil partnership.

(6)In sub-paragraph (5), a reference to an unmarried partner is a reference to the other member of a couple consisting of—

(a)a man and a woman who are not married to each other but are living together as husband and wife, or

(b)two people of the same sex who are not civil partners of each other but are living together as if they were.

4(1)Section 36(1) does not apply if—E+W+S

(a)the premises in question are small premises,

(b)the relevant person or a relative of that person resides, and intends to continue to reside, in another part of the premises, and

(c)the premises include parts (other than storage areas and means of access) shared with residents of the premises who are not members of the same household as the resident mentioned in paragraph (b).

(2)The relevant person is the person who, for the purposes of section 36(1), is—

(a)the controller of the premises, or

(b)the responsible person in relation to the common parts to which the premises relate.

(3)Small premises” and “relative” have the same meaning as in paragraph 3.

5A Minister of the Crown may by order amend paragraph 3 or 4.E+W+S

Section 52

SCHEDULE 6E+W+SOffice-holders: excluded offices

Work to which other provisions applyE+W+S

1(1)An office or post is not a personal or public office in so far as one or more of the provisions mentioned in sub-paragraph (2)—E+W+S

(a)applies in relation to the office or post, or

(b)would apply in relation to the office or post but for the operation of some other provision of this Act.

(2)Those provisions are—

(a)section 39 (employment);

(b)section 41 (contract work);

(c)section 44 (partnerships).

(d)section 45 (LLPs);

(e)section 47 (barristers);

(f)section 48 (advocates);

(g)section 55 (employment services) so far as applying to the provision of work experience within section 56(2)(a) or arrangements within section 56(2)(c) for such provision.

Political officesE+W+S

2(1)An office or post is not a personal or public office if it is a political office.E+W+S

(2)A political office is an office or post set out in the second column of the following Table—

Political settingOffice or post
Houses of ParliamentAn office of the House of Commons held by a member of that House
An office of the House of Lords held by a member of that House
A Ministerial office within the meaning of section 2 of the House of Commons Disqualification Act 1975
The office of the Leader of the Opposition within the meaning of the Ministerial and other Salaries Act 1975
The office of the Chief Opposition Whip, or of an Assistant Opposition Whip, within the meaning of that Act
Scottish ParliamentAn office of the Scottish Parliament held by a member of the Parliament
The office of a member of the Scottish Executive
The office of a junior Scottish Minister
National Assembly for WalesAn office of the National Assembly for Wales held by a member of the Assembly
The office of a member of the Welsh Assembly Government
Local government in England (outside London)An office of a county council, district council or parish council in England held by a member of the council
An office of the Council of the Isles of Scilly held by a member of the Council
Local government in LondonAn office of the Greater London Authority held by the Mayor of London or a member of the London Assembly
An office of a London borough council held by a member of the council
An office of the Common Council of the City of London held by a member of the Council
Local government in WalesAn office of a county council, county borough council or community council in Wales held by a member of the council
Local government in ScotlandAn office of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 held by a member of the council
An office of a council established under section 51 of the Local Government (Scotland) Act 1973 held by a member of the council
Political partiesAn office of a registered political party

(3)The reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000.

Honours etc.E+W+S

3A life peerage (within the meaning of the Life Peerages Act 1958), or any other dignity or honour conferred by the Crown, is not a personal or public office.E+W+S

Section 80

SCHEDULE 7E+W+SEquality of terms: exceptions

Part 1 E+W+STerms of work

Compliance with laws regulating employment of women, etc.E+W+S

1Neither a sex equality clause nor a maternity equality clause has effect in relation to terms of work affected by compliance with laws regulating—E+W+S

(a)the employment of women;

(b)the appointment of women to personal or public offices.

Pregnancy, etc.E+W+S

2A sex equality clause does not have effect in relation to terms of work affording special treatment to women in connection with pregnancy or childbirth.E+W+S

Part 2 E+W+SOccupational pension schemes

PreliminaryE+W+S

3(1)A sex equality rule does not have effect in relation to a difference as between men and women in the effect of a relevant matter if the difference is permitted by or by virtue of this Part of this Schedule.E+W+S

(2)Relevant matter” has the meaning given in section 67.

State retirement pensionsE+W+S

4(1)This paragraph applies where a man and a woman are eligible, in such circumstances as may be prescribed, to receive different amounts by way of pension.E+W+S

(2)The difference is permitted if, in prescribed circumstances, it is attributable only to differences between men and women in the retirement benefits to which, in prescribed circumstances, the man and woman are or would be entitled.

(3)“Retirement benefits” are benefits under sections 43 to 55 of the Social Security Contributions and Benefits Act 1992 (state retirement pensions).

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.

Commencement Information

I55Sch. 7 para. 4 wholly in force; para. 4 not in force at Royal Assent see s. 216; para. 4 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 7 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(g) (with art. 15)

Actuarial factorsE+W+S

5(1)A difference as between men and women is permitted if it consists of applying to the calculation of the employer's contributions to an occupational pension scheme actuarial factors which—E+W+S

(a)differ for men and women, and

(b)are of such description as may be prescribed.

(2)A difference as between men and women is permitted if it consists of applying to the determination of benefits of such description as may be prescribed actuarial factors which differ for men and women.

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.

Commencement Information

I56Sch. 7 para. 5 wholly in force; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 7 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(g) (with art. 15)

Power to amendE+W+S

6(1)Regulations may amend this Part of this Schedule so as to add, vary or omit provision about cases where a difference as between men and women in the effect of a relevant matter is permitted.E+W+S

(2)The regulations may make provision about pensionable service before the date on which they come into force (but not about pensionable service before 17 May 1990).

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.

Commencement Information

I57Sch. 7 para. 6 wholly in force; para. 6 not in force at Royal Assent see s. 216; para. 6 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 7 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(g) (with art. 15)

Section 83

SCHEDULE 8E+W+SWork: reasonable adjustments

Part 1 E+W+SIntroductory

PreliminaryE+W+S

1This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part of this Act.E+W+S

The dutyE+W+S

2(1)A must comply with the first, second and third requirements.E+W+S

(2)For the purposes of this paragraph—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;

(b)the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;

(c)the reference in section 20(3), (4) or (5) to a disabled person is to an interested disabled person.

(3)In relation to the first and third requirements, a relevant matter is any matter specified in the first column of the applicable table in Part 2 of this Schedule.

(4)In relation to the second requirement, a relevant matter is—

(a)a matter specified in the second entry of the first column of the applicable table in Part 2 of this Schedule, or

(b)where there is only one entry in a column, a matter specified there.

(5)If two or more persons are subject to a duty to make reasonable adjustments in relation to the same interested disabled person, each of them must comply with the duty so far as it is reasonable for each of them to do so.

3(1)This paragraph applies if a duty to make reasonable adjustments is imposed on A by section 55 (except where the employment service which A provides is the provision of vocational training within the meaning given by section 56(6)(b)).E+W+S

(2)The reference in section 20(3), (4) and (5) to a disabled person is a reference to an interested disabled person.

(3)In relation to each requirement, the relevant matter is the employment service which A provides.

(4)Sub-paragraph (5) of paragraph 2 applies for the purposes of this paragraph as it applies for the purposes of that paragraph.

Part 2 E+W+SInterested disabled person

PreliminaryE+W+S

4An interested disabled person is a disabled person who, in relation to a relevant matter, is of a description specified in the second column of the applicable table in this Part of this Schedule.E+W+S

Employers (see section 39)E+W+S

5(1)This paragraph applies where A is an employer.E+W+S

Relevant matterDescription of disabled person
Deciding to whom to offer employment.A person who is, or has notified A that the person may be, an applicant for the employment.
Employment by A.

An applicant for employment by A.

An employee of A's.

(2)Where A is the employer of a disabled contract worker (B), A must comply with the first, second and third requirements on each occasion when B is supplied to a principal to do contract work.

(3)In relation to the first requirement (as it applies for the purposes of sub-paragraph (2))—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of all or most of the principals to whom B is or might be supplied,

(b)the reference to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of the principals referred to in paragraph (a), and

(c)the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if the provision, criterion or practice were applied by or on behalf of A.

(4)In relation to the second requirement (as it applies for the purposes of sub-paragraph (2))—

(a)the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by each of the principals referred to in sub-paragraph (3)(a),

(b)the reference to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of those principals, and

(c)the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if the premises were occupied by A.

(5)In relation to the third requirement (as it applies for the purposes of sub-paragraph (2))—

(a)the reference in section 20(5) to being put at a substantial disadvantage is a reference to being likely to be put at a substantial disadvantage that is the same or similar in the case of each of the principals referred to in sub-paragraph (3)(a), and

(b)the requirement imposed on A is a requirement to take such steps as it would be reasonable for A to have to take if A were the person to whom B was supplied.

Principals in contract work (see section 41)E+W+S

6(1)This paragraph applies where A is a principal.E+W+S

Relevant matterDescription of disabled person
Contract work that A may make available.A person who is, or has notified A that the person may be, an applicant to do the work.
Contract work that A makes available.A person who is supplied to do the work.

(2)A is not required to do anything that a disabled person's employer is required to do by virtue of paragraph 5.

Partnerships (see section 44)E+W+S

7(1)This paragraph applies where A is a firm or a proposed firm.E+W+S

Relevant matterDescription of disabled person
Deciding to whom to offer a position as a partner.A person who is, or has notified A that the person may be, a candidate for the position.
A position as a partner.

A candidate for the position.

The partner who holds the position.

(2)Where a firm or proposed firm (A) is required by this Schedule to take a step in relation to an interested disabled person (B)—

(a)the cost of taking the step is to be treated as an expense of A;

(b)the extent to which B should (if B is or becomes a partner) bear the cost is not to exceed such amount as is reasonable (having regard in particular to B's entitlement to share in A's profits).

LLPs (see section 45)E+W+S

8(1)This paragraph applies where A is an LLP or a proposed LLP.E+W+S

Relevant matterDescription of disabled person
Deciding to whom to offer a position as a member.A person who is, or has notified A that the person may be, a candidate for the position.
A position as a member.

A candidate for the position.

The member who holds the position.

(2)Where an LLP or proposed LLP (A) is required by this Schedule to take a step in relation to an interested disabled person (B)—

(a)the cost of taking the step is to be treated as an expense of A;

(b)the extent to which B should (if B is or becomes a member) bear the cost is not to exceed such amount as is reasonable (having regard in particular to B's entitlement to share in A's profits).

Barristers and their clerks (see section 47)E+W+S

9This paragraph applies where A is a barrister or barrister's clerk.E+W+S

Relevant matterDescription of disabled person
Deciding to whom to offer a pupillage or tenancy.A person who is, or has notified A that the person may be, an applicant for the pupillage or tenancy.
A pupillage or tenancy.

An applicant for the pupillage or tenancy.

The pupil or tenant.

Advocates and their clerks (see section 48)E+W+S

10This paragraph applies where A is an advocate or advocate's clerk.E+W+S

Relevant matterDescription of disabled person
Deciding who to offer to take as a devil or to whom to offer membership of a stable.A person who applies, or has notified A that the person may apply, to be taken as a devil or to become a member of the stable.
The relationship with a devil or membership of a stable.

An applicant to be taken as a devil or to become a member of the stable.

The devil or member.

Persons making appointments to offices etc. (see sections 49 to 51)E+W+S

11This paragraph applies where A is a person who has the power to make an appointment to a personal or public office.E+W+S

Relevant matterDescription of disabled person
Deciding to whom to offer the appointment.

A person who is, or has notified A that the person may be, seeking the appointment.

A person who is being considered for the appointment.

Appointment to the office.A person who is seeking, or being considered for, appointment to the office.

12This paragraph applies where A is a relevant person in relation to a personal or public office.E+W+S

Relevant matterDescription of disabled person
Appointment to the office.A person appointed to the office.

13This paragraph applies where A is a person who has the power to make a recommendation for, or give approval to, an appointment to a public office.E+W+S

Relevant matterDescription of disabled person
Deciding who to recommend or approve for appointment to the office.

A person who is, or has notified A that the person may be, seeking recommendation or approval for appointment to the office.

A person who is being considered for recommendation or approval for appointment to the office.

An appointment to the office.A person who is seeking, or being considered for, appointment to the office in question.

14In relation to the second requirement in a case within paragraph 11, 12 or 13, the reference in paragraph 2(2)(b) to premises occupied by A is to be read as a reference to premises—E+W+S

(a)under the control of A, and

(b)at or from which the functions of the office concerned are performed.

Qualifications bodies (see section 53)E+W+S

15(1)This paragraph applies where A is a qualifications body.E+W+S

Relevant matterDescription of disabled person
Deciding upon whom to confer a relevant qualification.A person who is, or has notified A that the person may be, an applicant for the conferment of the qualification.
Conferment by the body of a relevant qualification.

An applicant for the conferment of the qualification.

A person who holds the qualification.

(2)A provision, criterion or practice does not include the application of a competence standard.

Employment service-providers (see section 55)E+W+S

16This paragraph applies where—E+W+S

(a)A is an employment service-provider, and

(b)the employment service which A provides is vocational training within the meaning given by section 56(6)(b).

Relevant matterDescription of disabled person
Deciding to whom to offer to provide the service.A person who is, or has notified A that the person may be, an applicant for the provision of the service.
Provision by A of the service.

A person who applies to A for the provision of the service.

A person to whom A provides the service.

Trade organisations (see section 57)E+W+S

17This paragraph applies where A is a trade organisation.E+W+S

Relevant matterDescription of disabled person
Deciding to whom to offer membership of the organisation.A person who is, or has notified A that the person may be, an applicant for membership.
Membership of the organisation.

An applicant for membership.

A member.

Local authorities (see section 58)E+W+S

18(1)This paragraph applies where A is a local authority.E+W+S

Relevant matterDescription of disabled person
A member's carrying-out of official business.The member.

(2)Regulations may, for the purposes of a case within this paragraph, make provision—

(a)as to circumstances in which a provision, criterion or practice is, or is not, to be taken to put a disabled person at the disadvantage referred to in the first requirement;

(b)as to circumstances in which a physical feature is, or is not, to be taken to put a disabled person at the disadvantage referred to in the second requirement;

(c)as to circumstances in which it is, or in which it is not, reasonable for a local authority to be required to take steps of a prescribed description;

(d)as to steps which it is always, or which it is never, reasonable for a local authority to take.

Occupational pensions (see section 61)E+W+S

19This paragraph applies where A is, in relation to an occupational pension scheme, a responsible person within the meaning of section 61.E+W+S

Relevant matterDescription of disabled person
Carrying out A's functions in relation to the scheme.A person who is or may be a member of the scheme.

Part 3 E+W+SLimitations on the duty

Lack of knowledge of disability, etc.E+W+S

20(1)A is not subject to a duty to make reasonable adjustments if A does not know, and could not reasonably be expected to know—E+W+S

(a)in the case of an applicant or potential applicant, that an interested disabled person is or may be an applicant for the work in question;

(b)[F13in any case referred to in Part 2 of this Schedule], that an interested disabled person has a disability and is likely to be placed at the disadvantage referred to in the first, second or third requirement.

(2)An applicant is, in relation to the description of A specified in the first column of the table, a person of a description specified in the second column (and the reference to a potential applicant is to be construed accordingly).

Description of AApplicant
An employerAn applicant for employment
A firm or proposed firmA candidate for a position as a partner
An LLP or proposed LLPA candidate for a position as a member
A barrister or barrister's clerkAn applicant for a pupillage or tenancy
An advocate or advocate's clerkAn applicant for being taken as an advocate's devil or for becoming a member of a stable
A relevant person in relation to a personal or public officeA person who is seeking appointment to, or recommendation or approval for appointment to, the office
A qualifications bodyAn applicant for the conferment of a relevant qualification
An employment service-providerAn applicant for the provision of an employment service
A trade organisationAn applicant for membership

(3)If the duty to make reasonable adjustments is imposed on A by section 55, this paragraph applies only in so far as the employment service which A provides is vocational training within the meaning given by section 56(6)(b).

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)

Section 83

SCHEDULE 9E+W+SWork: exceptions

Part 1 E+W+SOccupational requirements

GeneralE+W+S

1(1)A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work—E+W+S

(a)it is an occupational requirement,

(b)the application of the requirement is a proportionate means of achieving a legitimate aim, and

(c)the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

(2)The provisions are—

(a)section 39(1)(a) or (c) or (2)(b) or (c);

(b)section 41(1)(b);

(c)section 44(1)(a) or (c) or (2)(b) or (c);

(d)section 45(1)(a) or (c) or (2)(b) or (c);

(e)section 49(3)(a) or (c) or (6)(b) or (c);

(f)section 50(3)(a) or (c) or (6)(b) or (c);

(g)section 51(1).

(3)The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read—

(a)in the case of gender reassignment, as references to a requirement not to be a transsexual person (and section 7(3) is accordingly to be ignored);

(b)in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored).

(4)In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from “(or” to the end were omitted.

Religious requirements relating to sex, marriage etc., sexual orientationE+W+S

2(1)A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to employment a requirement to which sub-paragraph (4) applies if A shows that—E+W+S

(a)the employment is for the purposes of an organised religion,

(b)the application of the requirement engages the compliance or non-conflict principle, and

(c)the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

(2)The provisions are—

(a)section 39(1)(a) or (c) or (2)(b) or (c);

(b)section 49(3)(a) or (c) or (6)(b) or (c);

(c)section 50(3)(a) or (c) or (6)(b) or (c);

(d)section 51(1).

(3)A person does not contravene section 53(1) or (2)(a) or (b) by applying in relation to a relevant qualification (within the meaning of that section) a requirement to which sub-paragraph (4) applies if the person shows that—

(a)the qualification is for the purposes of employment mentioned in sub-paragraph (1)(a), and

(b)the application of the requirement engages the compliance or non-conflict principle.

(4)This sub-paragraph applies to—

(a)a requirement to be of a particular sex;

(b)a requirement not to be a transsexual person;

(c)a requirement not to be married or a civil partner;

(d)a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner;

(e)a requirement relating to circumstances in which a marriage or civil partnership came to an end;

(f)a requirement related to sexual orientation.

(5)The application of a requirement engages the compliance principle if the requirement is applied so as to comply with the doctrines of the religion.

(6)The application of a requirement engages the non-conflict principle if, because of the nature or context of the employment, the requirement is applied so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers.

(7)A reference to employment includes a reference to an appointment to a personal or public office.

(8)In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1) has effect as if in paragraph (c) the words from “(or” to the end were omitted.

Other requirements relating to religion or beliefE+W+S

3A person (A) with an ethos based on religion or belief does not contravene a provision mentioned in paragraph 1(2) by applying in relation to work a requirement to be of a particular religion or belief if A shows that, having regard to that ethos and to the nature or context of the work—E+W+S

(a)it is an occupational requirement,

(b)the application of the requirement is a proportionate means of achieving a legitimate aim, and

(c)the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it).

Armed forcesE+W+S

4(1)A person does not contravene section 39(1)(a) or (c) or (2)(b) by applying in relation to service in the armed forces a relevant requirement if the person shows that the application is a proportionate means of ensuring the combat effectiveness of the armed forces.E+W+S

(2)A relevant requirement is—

(a)a requirement to be a man;

(b)a requirement not to be a transsexual person.

(3)This Part of this Act, so far as relating to age or disability, does not apply to service in the armed forces; and section 55, so far as relating to disability, does not apply to work experience in the armed forces.

Employment servicesE+W+S

5(1)A person (A) does not contravene section 55(1) or (2) if A shows that A's treatment of another person relates only to work the offer of which could be refused to that other person in reliance on paragraph 1, 2, 3 or 4.E+W+S

(2)A person (A) does not contravene section 55(1) or (2) if A shows that A's treatment of another person relates only to training for work of a description mentioned in sub-paragraph (1).

(3)A person (A) does not contravene section 55(1) or (2) if A shows that—

(a)A acted in reliance on a statement made to A by a person with the power to offer the work in question to the effect that, by virtue of sub-paragraph (1) or (2), A's action would be lawful, and

(b)it was reasonable for A to rely on the statement.

(4)A person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading.

(5)A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

InterpretationE+W+S

6(1)This paragraph applies for the purposes of this Part of this Schedule.E+W+S

(2)A reference to contravening a provision of this Act is a reference to contravening that provision by virtue of section 13.

(3)A reference to work is a reference to employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office.

(4)A reference to a person includes a reference to an organisation.

(5)A reference to section 39(2)(b), 44(2)(b), 45(2)(b), 49(6)(b) or 50(6)(b) is to be read as a reference to that provision with the omission of the words “or for receiving any other benefit, facility or service”.

(6)A reference to section 39(2)(c), 44(2)(c), 45(2)(c), 49(6)(c), 50(6)(c), 53(2)(a) or 55(2)(c) (dismissal, etc.) does not include a reference to that provision so far as relating to sex.

(7)The reference to paragraph (b) of section 41(1), so far as relating to sex, is to be read as if that paragraph read—

(b)by not allowing the worker to do the work.

Part 2 E+W+SExceptions relating to age

PreliminaryE+W+S

7For the purposes of this Part of this Schedule, a reference to an age contravention is a reference to a contravention of this Part of this Act, so far as relating to age.E+W+S

RetirementE+W+S

8F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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)

Applicants at or approaching retirement ageE+W+S

9F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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)

Benefits based on length of serviceE+W+S

10(1)It is not an age contravention for a person (A) to put a person (B) at a disadvantage when compared with another (C), in relation to the provision of a benefit, facility or service in so far as the disadvantage is because B has a shorter period of service than C.E+W+S

(2)If B's period of service exceeds 5 years, A may rely on sub-paragraph (1) only if A reasonably believes that doing so fulfils a business need.

(3)A person's period of service is whichever of the following A chooses—

(a)the period for which the person has been working for A at or above a level (assessed by reference to the demands made on the person) that A reasonably regards as appropriate for the purposes of this paragraph, or

(b)the period for which the person has been working for A at any level.

(4)The period for which a person has been working for A must be based on the number of weeks during the whole or part of which the person has worked for A.

(5)But for that purpose A may, so far as is reasonable, discount—

(a)periods of absence;

(b)periods that A reasonably regards as related to periods of absence.

(6)For the purposes of sub-paragraph (3)(b), a person is to be treated as having worked for A during any period in which the person worked for a person other than A if—

(a)that period counts as a period of employment with A as a result of section 218 of the Employment Rights Act 1996, or

(b)if sub-paragraph (a) does not apply, that period is treated as a period of employment by an enactment pursuant to which the person's employment was transferred to A.

(7)For the purposes of this paragraph, the reference to a benefit, facility or service does not include a reference to a benefit, facility or service which may be provided only by virtue of a person's ceasing to work.

The national minimum wage: young workersE+W+S

11(1)It is not an age contravention for a person to pay a young worker (A) at a lower rate than that at which the person pays an older worker (B) if—E+W+S

(a)the hourly rate for the national minimum wage for a person of A's age is lower than that for a person of B's age, and

(b)the rate at which A is paid is below the single hourly rate.

(2)A young worker is a person who qualifies for the national minimum wage at a lower rate than the single hourly rate; and an older worker is a person who qualifies for the national minimum wage at a higher rate than that at which the young worker qualifies for it.

(3)The single hourly rate is the rate prescribed under section 1(3) of the National Minimum Wage Act 1998.

The national minimum wage: apprenticesE+W+S

12(1)It is not an age contravention for a person to pay an apprentice who does not qualify for the national minimum wage at a lower rate than the person pays an apprentice who does.E+W+S

(2)An apprentice is a person who—

(a)is employed under a contract of apprenticeship, or

(b)as a result of provision made by virtue of section 3(2)(a) of the National Minimum Wage Act 1998 (persons not qualifying), is treated as employed under a contract of apprenticeship.

RedundancyE+W+S

13(1)It is not an age contravention for a person to give a qualifying employee an enhanced redundancy payment of an amount less than that of an enhanced redundancy payment which the person gives to another qualifying employee, if each amount is calculated on the same basis.E+W+S

(2)It is not an age contravention to give enhanced redundancy payments only to those who are qualifying employees by virtue of sub-paragraph (3)(a) or (b).

(3)A person is a qualifying employee if the person—

(a)is entitled to a redundancy payment as a result of section 135 of the Employment Rights Act 1996,

(b)agrees to the termination of the employment in circumstances where the person would, if dismissed, have been so entitled,

(c)would have been so entitled but for section 155 of that Act (requirement for two years' continuous employment), or

(d)agrees to the termination of the employment in circumstances where the person would, if dismissed, have been so entitled but for that section.

(4)An enhanced redundancy payment is a payment the amount of which is, subject to sub-paragraphs (5) and (6), calculated in accordance with section 162(1) to (3) of the Employment Rights Act 1996.

(5)A person making a calculation for the purposes of sub-paragraph (4)—

(a)may treat a week's pay as not being subject to a maximum amount;

(b)may treat a week's pay as being subject to a maximum amount above that for the time being specified in section 227(1) of the Employment Rights Act 1996;

(c)may multiply the appropriate amount for each year of employment by a figure of more than one.

(6)Having made a calculation for the purposes of sub-paragraph (4) (whether or not in reliance on sub-paragraph (5)), a person may multiply the amount calculated by a figure of more than one.

(7)In sub-paragraph (5), “the appropriate amount” has the meaning given in section 162 of the Employment Rights Act 1996, and “a week's pay” is to be read with Chapter 2 of Part 14 of that Act.

(8)For the purposes of sub-paragraphs (4) to (6), the reference to “the relevant date” in subsection (1)(a) of section 162 of that Act is, in the case of a person who is a qualifying employee by virtue of sub-paragraph (3)(b) or (d), to be read as reference to the date of the termination of the employment.

[F16Insurance etc.]E+W+S

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)

14[F17(1)It is not an age contravention for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of an employee for a period ending when the employee attains whichever is the greater of—E+W+S

(a)the age of 65, and

(b)the state pensionable age.

(2)It is not an age contravention for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of only such employees as have not attained whichever is the greater of—

(a)the age of 65, and

(b)the state pensionable age.

(3)Sub-paragraphs (1) and (2) apply only where the insurance or related financial service is, or is to be, provided to the employer's employees or a class of those employees—

(a)in pursuance of an arrangement between the employer and another person, or

(b)where the employer's business includes the provision of insurance or financial services of the description in question, by the employer.

(4)The state pensionable age is the pensionable age determined in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995.]

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)

Child careE+W+S

15(1)A person does not contravene a relevant provision, so far as relating to age, only by providing, or making arrangements for or facilitating the provision of, care for children of a particular age group.E+W+S

(2)The relevant provisions are—

(a)section 39(2)(b);

(b)section 41(1)(c);

(c)section 44(2)(b);

(d)section 45(2)(b);

(e)section 47(2)(b);

(f)section 48(2)(b);

(g)section 49(6)(b);

(h)section 50(6)(b);

(i)section 57(2)(a);

(j)section 58(3)(a).

(3)Facilitating the provision of care for a child includes—

(a)paying for some or all of the cost of the provision;

(b)helping a parent of the child to find a suitable person to provide care for the child;

(c)enabling a parent of the child to spend more time providing care for the child or otherwise assisting the parent with respect to the care that the parent provides for the child.

(4)A child is a person who has not attained the age of 17.

(5)A reference to care includes a reference to supervision.

Contributions to personal pension schemesE+W+S

16(1)A Minister of the Crown may by order provide that it is not an age contravention for an employer to maintain or use, with respect to contributions to personal pension schemes, practices, actions or decisions relating to age which are of a specified description.E+W+S

(2)An order authorising the use of practices, actions or decisions which are not in use before the order comes into force must not be made unless the Minister consults such persons as the Minister thinks appropriate.

(3)Personal pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993; and “employer”, in relation to a personal pension scheme, has the meaning given in section 318(1) of the Pensions Act 2004.

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.

Commencement Information

I58Sch. 9 para. 16 wholly in force; para. 16 not in force at Royal Assent see s. 216; para. 16 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 9 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(5)(i) (with art. 15)

Part 3 E+W+SOther exceptions

Non-contractual payments to women on maternity leaveE+W+S

17(1)A person does not contravene section 39(1)(b) or (2), so far as relating to pregnancy and maternity, by depriving a woman who is on maternity leave of any benefit from the terms of her employment relating to pay.E+W+S

(2)The reference in sub-paragraph (1) to benefit from the terms of a woman's employment relating to pay does not include a reference to—

(a)maternity-related pay (including maternity-related pay that is increase-related),

(b)pay (including increase-related pay) in respect of times when she is not on maternity leave, or

(c)pay by way of bonus in respect of times when she is on compulsory maternity leave.

(3)For the purposes of sub-paragraph (2), pay is increase-related in so far as it is to be calculated by reference to increases in pay that the woman would have received had she not been on maternity leave.

(4)A reference to terms of her employment is a reference to terms of her employment that are not in her contract of employment, her contract of apprenticeship or her contract to do work personally.

(5)Pay” means benefits—

(a)that consist of the payment of money to an employee by way of wages or salary, and

(b)that are not benefits whose provision is regulated by the contract referred to in sub-paragraph (4).

(6)Maternity-related pay” means pay to which a woman is entitled—

(a)as a result of being pregnant, or

(b)in respect of times when she is on maternity leave.

Benefits dependent on marital status, etc.E+W+S

18(1)A person does not contravene this Part of this Act, so far as relating to sexual orientation, by doing anything which prevents or restricts a person who is not married from having access to a benefit, facility or service—E+W+S

(a)the right to which accrued before 5 December 2005 (the day on which section 1 of the Civil Partnership Act 2004 came into force), or

(b)which is payable in respect of periods of service before that date.

(2)A person does not contravene this Part of this Act, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service.

Provision of services etc. to the publicE+W+S

19(1)A does not contravene a provision mentioned in sub-paragraph (2) in relation to the provision of a benefit, facility or service to B if A is concerned with the provision (for payment or not) of a benefit, facility or service of the same description to the public.E+W+S

(2)The provisions are—

(a)section 39(2) and (4);

(b)section 41(1) and (3);

(c)sections 44(2) and (6) and 45(2) and (6);

(d)sections 49(6) and (8) and 50(6), (7), (9) and (10).

(3)Sub-paragraph (1) does not apply if—

(a)the provision by A to the public differs in a material respect from the provision by A to comparable persons,

(b)the provision to B is regulated by B's terms, or

(c)the benefit, facility or service relates to training.

(4)Comparable persons” means—

(a)in relation to section 39(2) or (4), the other employees;

(b)in relation to section 41(1) or (3), the other contract workers supplied to the principal;

(c)in relation to section 44(2) or (6), the other partners of the firm;

(d)in relation to section 45(2) or (6), the other members of the LLP;

(e)in relation to section 49(6) or (8) or 50(6), (7), (9) or (10), persons holding offices or posts not materially different from that held by B.

(5)B's terms” means—

(a)the terms of B's employment,

(b)the terms on which the principal allows B to do the contract work,

(c)the terms on which B has the position as a partner or member, or

(d)the terms of B's appointment to the office.

(6)A reference to the public includes a reference to a section of the public which includes B.

Insurance contracts, etc.E+W+S

20(1)It is not a contravention of this Part of this Act, so far as relating to relevant discrimination, to do anything in relation to an annuity, life insurance policy, accident insurance policy or similar matter involving the assessment of risk if—E+W+S

(a)that thing is done by reference to actuarial or other data from a source on which it is reasonable to rely, and

(b)it is reasonable to do it.

(2)“Relevant discrimination” is—

(a)gender reassignment discrimination;

(b)marriage and civil partnership discrimination;

(c)pregnancy and maternity discrimination;

(d)sex discrimination.

Section 88

SCHEDULE 10E+W+SAccessibility for disabled pupils

Accessibility strategiesE+W+S

1(1)A local authority in England and Wales must, in relation to schools for which it is the responsible body, prepare—E+W+S

(a)an accessibility strategy;

(b)further such strategies at such times as may be prescribed.

(2)An accessibility strategy is a strategy for, over a prescribed period—

(a)increasing the extent to which disabled pupils can participate in the schools' curriculums;

(b)improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and benefits, facilities or services provided or offered by the schools;

(c)improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled.

(3)The delivery in sub-paragraph (2)(c) must be—

(a)within a reasonable time;

(b)in ways which are determined after taking account of the pupils' disabilities and any preferences expressed by them or their parents.

(4)An accessibility strategy must be in writing.

(5)A local authority must keep its accessibility strategy under review during the period to which it relates and, if necessary, revise it.

(6)A local authority must implement its accessibility strategy.

2(1)In preparing its accessibility strategy, a local authority must have regard to—E+W+S

(a)the need to allocate adequate resources for implementing the strategy;

(b)guidance as to the matters mentioned in sub-paragraph (3).

(2)The authority must also have regard to guidance as to compliance with paragraph 1(5).

(3)The matters are—

(a)the content of an accessibility strategy;

(b)the form in which it is to be produced;

(c)persons to be consulted in its preparation.

(4)Guidance may be issued—

(a)for England, by a Minister of the Crown;

(b)for Wales, by the Welsh Ministers.

(5)A local authority must, if asked, make a copy of its accessibility strategy available for inspection at such reasonable times as it decides.

(6)A local authority in England must, if asked by a Minister of the Crown, give the Minister a copy of its accessibility strategy.

(7)A local authority in Wales must, if asked by the Welsh Ministers, give them a copy of its accessibility strategy.

Accessibility plansE+W+S

3(1)The responsible body of a school in England and Wales must prepare—E+W+S

(a)an accessibility plan;

(b)further such plans at such times as may be prescribed.

(2)An accessibility plan is a plan for, over a prescribed period—

(a)increasing the extent to which disabled pupils can participate in the school's curriculum,

(b)improving the physical environment of the school for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and benefits, facilities or services provided or offered by the school, and

(c)improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled.

(3)The delivery in sub-paragraph (2)(c) must be—

(a)within a reasonable time;

(b)in ways which are determined after taking account of the pupils' disabilities and any preferences expressed by them or their parents.

(4)An accessibility plan must be in writing.

(5)The responsible body must keep its accessibility plan under review during the period to which it relates and, if necessary, revise it.

(6)The responsible body must implement its accessibility plan.

(7)A relevant inspection may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan.

(8)A relevant inspection is an inspection under—

(a)Part 1 of the Education Act 2005, or

(b)Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation and inspection of independent education provision in England).

4(1)In preparing an accessibility plan, the responsible body must have regard to the need to allocate adequate resources for implementing the plan.E+W+S

(2)The proprietor of an independent educational institution (other than an Academy) must, if asked, make a copy of the school's accessibility plan available for inspection at such reasonable times as the proprietor decides.

(3)The proprietor of an independent educational institution in England (other than an Academy) must, if asked by a Minister of the Crown, give the Minister a copy of the school's accessibility plan.

(4)The proprietor of an independent school in Wales (other than an Academy) must, if asked by the Welsh Ministers, give them a copy of the school's accessibility plan.

Power of directionE+W+S

5(1)This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body—E+W+S

(a)has acted or is proposing to act unreasonably in the discharge of a duty under this Schedule, or

(b)has failed to discharge such a duty.

(2)This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body of a school specified in sub-paragraph (3)—

(a)has acted or is proposing to act unreasonably in the discharge of a duty the body has in relation to the provision to the authority of copies of the body's accessibility plan or the inspection of that plan, or

(b)has failed to discharge the duty.

(3)The schools are—

(a)schools approved under section 342 of the Education Act 1996 (non-maintained special schools);

[F18(b)Academy schools;

(c)alternative provision Academies.]

(4)This sub-paragraph applies if a Tribunal has made an order under paragraph 5 of Schedule 17 and the appropriate authority is satisfied (whether or not on a complaint) that the responsible body concerned—

(a)has acted or is proposing to act unreasonably in complying with the order, or

(b)has failed to comply with the order.

(5)If sub-paragraph (1), (2) or (4) applies, the appropriate authority may give a responsible body such directions as the authority thinks expedient as to—

(a)the discharge by the body of the duty, or

(b)compliance by the body with the order.

(6)A direction may be given in relation to sub-paragraph (1) or (2) even if the performance of the duty is contingent on the opinion of the responsible body.

(7)A direction may not, unless sub-paragraph (8) applies, be given to the responsible body of a school in England in respect of a matter—

(a)that has been complained about to a Local Commissioner in accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (parental complaints against governing bodies etc.), or

(b)that the appropriate authority thinks could have been so complained about.

(8)This sub-paragraph applies if—

(a)the Local Commissioner has made a recommendation to the responsible body under section 211(4) of the Apprenticeships, Skills, Children and Learning Act 2009 (statement following investigation) in respect of the matter, and

(b)the responsible body has not complied with the recommendation.

(9)A direction—

(a)may be varied or revoked by the appropriate authority;

(b)may be enforced, on the application of the appropriate authority, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981.

(10)The appropriate authority is—

(a)in relation to the responsible body of a school in England, the Secretary of State;

(b)in relation to the responsible body of a school in Wales, the Welsh Ministers.

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)

SupplementaryE+W+S

6(1)This paragraph applies for the purposes of this Schedule.E+W+S

(2)Regulations may prescribe services which are, or are not, to be regarded as being—

(a)education;

(b)a benefit, facility or service.

(3)The power to make regulations is exercisable by—

(a)in relation to England, a Minister of the Crown;

(b)in relation to Wales, the Welsh Ministers.

(4)Disabled pupil” includes a disabled person who may be admitted to the school as a pupil.

(5)Responsible body” means—

(a)in relation to a maintained school or a maintained nursery school, the local authority or governing body;

(b)in relation to a pupil referral unit, the local authority;

(c)in relation to an independent educational institution [F19or an alternative provision Academy that is not an independent educational institution], the proprietor;

(d)in relation to a special school not maintained by a local authority, the proprietor.

(6)Governing body”, in relation to a maintained school, means the body corporate (constituted in accordance with regulations under section 19 of the Education Act 2002) which the school has as a result of that section.

(7)Maintained school” has the meaning given in section 20 of the School Standards and Framework Act 1998; and “maintained nursery school” has the meaning given in section 22 of that Act.

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)

Section 89

SCHEDULE 11E+W+SSchools: exceptions

Part 1 E+W+SSex discrimination

Admission to single-sex schoolsE+W+S

1(1)Section 85(1), so far as relating to sex, does not apply in relation to a single-sex school.E+W+S

(2)A single-sex school is a school which—

(a)admits pupils of one sex only, or

(b)on the basis of the assumption in sub-paragraph (3), would be taken to admit pupils of one sex only.

(3)That assumption is that pupils of the opposite sex are to be disregarded if—

(a)their admission to the school is exceptional, or

(b)their numbers are comparatively small and their admission is confined to particular courses or classes.

(4)In the case of a school which is a single-sex school by virtue of sub-paragraph (3)(b), section 85(2)(a) to (d), so far as relating to sex, does not prohibit confining pupils of the same sex to particular courses or classes.

Single-sex boarding at schoolsE+W+S

2(1)Section 85(1), so far as relating to sex, does not apply in relation to admission as a boarder to a school to which this paragraph applies.E+W+S

(2)Section 85(2)(a) to (d), so far as relating to sex, does not apply in relation to boarding facilities at a school to which this paragraph applies.

(3)This paragraph applies to a school (other than a single-sex school) which has some pupils as boarders and others as non-boarders and which—

(a)admits as boarders pupils of one sex only, or

(b)on the basis of the assumption in sub-paragraph (4), would be taken to admit as boarders pupils of one sex only.

(4)That assumption is that pupils of the opposite sex admitted as boarders are to be disregarded if their numbers are small compared to the numbers of other pupils admitted as boarders.

Single-sex schools turning co-educationalE+W+S

3(1)If the responsible body of a single-sex school decides to alter its admissions arrangements so that the school will cease to be a single-sex school, the body may apply for a transitional exemption order in relation to the school.E+W+S

(2)If the responsible body of a school to which paragraph 2 applies decides to alter its admissions arrangements so that the school will cease to be one to which that paragraph applies, the body may apply for a transitional exemption order in relation to the school.

(3)A transitional exemption order in relation to a school is an order which, during the period specified in the order as the transitional period, authorises—

(a)sex discrimination by the responsible body of the school in the arrangements it makes for deciding who is offered admission as a pupil;

(b)the responsible body, in the circumstances specified in the order, not to admit a person as a pupil because of the person's sex.

(4)Paragraph 4 applies in relation to the making of transitional exemption orders.

(5)The responsible body of a school does not contravene this Act, so far as relating to sex discrimination, if—

(a)in accordance with a transitional exemption order, or

(b)pending the determination of an application for a transitional exemption order in relation to the school,

it does not admit a person as a pupil because of the person's sex.

4(1)In the case of a maintained school within the meaning given by section 32 of the Education and Inspections Act 2006, a transitional exemption order may be made in accordance with such provision as is made in regulations under section 21 of that Act (orders made by local authority or adjudicator in relation to schools in England).E+W+S

(2)In the case of a school in Wales maintained by a local authority, a transitional exemption order may be made in accordance with paragraph 22 of Schedule 6, or paragraph 17 of Schedule 7, to the School Standards and Framework Act 1998 (orders made by Welsh Ministers).

(3)In the case of a school in Scotland managed by an education authority or 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—

(a)the responsible body may submit to the Scottish Ministers an application for the making of a transitional exemption order, and

(b)the Scottish Ministers may make the order.

(4)F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where proposals are made to the Welsh Ministers under section 113A of the Learning and Skills Act 2000 for an alteration in the admissions arrangements of a single-sex school or a school to which paragraph 2 applies—

(a)the making of the proposals is to be treated as an application to the Welsh Ministers for the making of a transitional exemption order, and

(b)the Welsh Ministers may make the order.

(6)In the case of a school in England or Wales not coming within sub-paragraph (1), (2), (4) or (5) or an independent school in Scotland—

(a)the responsible body may submit to the Commission an application for the making of a transitional exemption order, and

(b)the Commission may make the order.

(7)An application under sub-paragraph (6) must specify—

(a)the period proposed by the responsible body as the transitional period to be specified in the order,

(b)the stages within that period by which the body proposes to move to the position where section 85(1)(a) and (c), so far as relating to sex, is complied with, and

(c)any other matters relevant to the terms and operation of the order applied for.

(8)The Commission must not make an order on an application under sub-paragraph (6) unless satisfied that the terms of the application are reasonable, having regard to—

(a)the nature of the school's premises,

(b)the accommodation, equipment and facilities available, and

(c)the responsible body's financial resources.

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)

Part 2 E+W+SReligious or belief-related discrimination

School with religious character etc.E+W+S

5Section 85(1) and (2)(a) to (d), so far as relating to religion or belief, does not apply in relation to—E+W+S

(a)a school designated under section 69(3) of the School Standards and Framework Act 1998 (foundation or voluntary school with religious character);

(b)a school [F21(other than an alternative provision Academy)] 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;

(f)a school registered in the register of independent schools for Scotland if the school admits only pupils who belong, or whose parents belong, to one or more particular denominations;

(g)a school registered in that register if the school is conducted in the interest of a church or denominational body.

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)

Curriculum, worship, etc.E+W+S

6Section 85(2)(a) to (d), so far as relating to religion or belief, does not apply in relation to anything done in connection with acts of worship or other religious observance organised by or on behalf of a school (whether or not forming part of the curriculum).E+W+S

Power to amendE+W+S

7(1)A Minister of the Crown may by order amend this Part of this Schedule—E+W+S

(a)so as to add, vary or omit an exception to section 85;

(b)so as to make provision about the construction or application of section 19(2)(d) in relation to section 85.

(2)The power under sub-paragraph (1) is exercisable only in relation to religious or belief-related discrimination.

(3)Before making an order under this paragraph the Minister must consult—

(a)the Welsh Ministers,

(b)the Scottish Ministers, and

(c)such other persons as the Minister thinks appropriate.

Part 3 E+W+SDisability discrimination

Permitted form of selectionE+W+S

8(1)A person does not contravene section 85(1), so far as relating to disability, only by applying a permitted form of selection.E+W+S

(2)In relation to England and Wales, a permitted form of selection is—

(a)in the case of a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, a form of selection mentioned in section 99(2) or (4) of that Act;

(b)in the case of a maintained school which is so designated, its selective admission arrangements (within the meaning of section 104 of that Act);

(c)in the case of an independent educational institution, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.

(3)In relation to Scotland, a permitted form of selection is—

(a)in the case of a school managed by an education authority, arrangements approved by the Scottish Ministers for the selection of pupils for admission;

(b)in the case of an independent school, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.

(4)Maintained school” has the meaning given in section 22 of the School Standards and Framework Act 1998.

Section 94

SCHEDULE 12E+W+SFurther and higher education exceptions

Part 1 E+W+SSingle-sex institutions, etc.

Admission to single-sex institutionsE+W+S

1(1)Section 91(1), so far as relating to sex, does not apply in relation to a single-sex institution.E+W+S

(2)A single-sex institution is an institution to which section 91 applies, which—

(a)admits students of one sex only, or

(b)on the basis of the assumption in sub-paragraph (3), would be taken to admit students of one sex only.

(3)That assumption is that students of the opposite sex are to be disregarded if—

(a)their admission to the institution is exceptional, or

(b)their numbers are comparatively small and their admission is confined to particular courses or classes.

(4)In the case of an institution which is a single-sex institution by virtue of sub-paragraph (3)(b), section 91(2)(a) to (d), so far as relating to sex, does not prohibit confining students of the same sex to particular courses or classes.

Single-sex institutions turning co-educationalE+W+S

2(1)If the responsible body of a single-sex institution decides to alter its admissions arrangements so that the institution will cease to be a single-sex institution, the body may apply for a transitional exemption order in relation to the institution.E+W+S

(2)A transitional exemption order relating to an institution is an order which, during the period specified in the order as the transitional period, authorises—

(a)sex discrimination by the responsible body of the institution in the arrangements it makes for deciding who is offered admission as a student;

(b)the responsible body, in the circumstances specified in the order, not to admit a person as a student because of the person's sex.

(3)Paragraph 3 applies in relation to the making of a transitional exemption order.

(4)The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if —

(a)in accordance with a transitional exemption order, or

(b)pending the determination of an application for a transitional exemption order in relation to the institution,

it does not admit a person as a student because of the person's sex.

(5)The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if —

(a)in accordance with a transitional exemption order, or

(b)pending the determination of an application for a transitional exemption order in relation to the institution,

it discriminates in the arrangements it makes for deciding who is offered admission as a student.

3(1)In the case of a single-sex institution—E+W+S

(a)its responsible body may submit to the Commission an application for the making of a transitional exemption order, and

(b)the Commission may make the order.

(2)An application under sub-paragraph (1) must specify—

(a)the period proposed by the responsible body as the transitional period to be specified in the order,

(b)the stages, within that period, by which the body proposes to move to the position where section 91(1)(a) and (c), so far as relating to sex, is complied with, and

(c)any other matters relevant to the terms and operation of the order applied for.

(3)The Commission must not make an order on an application under sub-paragraph (1) unless satisfied that the terms of the application are reasonable, having regard to—

(a)the nature of the institution's premises,

(b)the accommodation, equipment and facilities available, and

(c)the responsible body's financial resources.

Part 2 E+W+SOther exceptions

Occupational requirementsE+W+S

4A person (P) does not contravene section 91(1) or (2) if P shows that P's treatment of another person relates only to training that would help fit that other person for work the offer of which the other person could be refused in reliance on Part 1 of Schedule 9.E+W+S

Institutions with a religious ethosE+W+S

5(1)The responsible body of an institution which is designated for the purposes of this paragraph does not contravene section 91(1), so far as relating to religion or belief, if, in the admission of students to a course at the institution—E+W+S

(a)it gives preference to persons of a particular religion or belief,

(b)it does so to preserve the institution's religious ethos, and

(c)the course is not a course of vocational training.

(2)A Minister of the Crown may by order designate an institution if satisfied that the institution has a religious ethos.

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.

Commencement Information

I59Sch. 12 para. 5 wholly in force; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 12 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(6)(h) (with art. 15)

Benefits dependent on marital status, etc.E+W+S

6A person does not contravene section 91, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service.E+W+S

Child careE+W+S

7(1)A person does not contravene section 91(2)(b) or (d), so far as relating to age, only by providing, or making arrangements for or facilitating the provision of, care for children of a particular age group.E+W+S

(2)Facilitating the provision of care for a child includes—

(a)paying for some or all of the cost of the provision;

(b)helping a parent of the child to find a suitable person to provide care for the child;

(c)enabling a parent of the child to spend more time providing care for the child or otherwise assisting the parent with respect to the care that the parent provides for the child.

(3)A child is a person who has not attained the age of 17.

(4)A reference to care includes a reference to supervision.

Section 98

SCHEDULE 13E+W+SEducation: reasonable adjustments

PreliminaryE+W+S

1This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.E+W+S

The duty for schoolsE+W+S

2(1)This paragraph applies where A is the responsible body of a school to which section 85 applies.E+W+S

(2)A must comply with the first and third requirements.

(3)For the purposes of this paragraph—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;

(b)the reference in section 20(3) or (5) to a disabled person is—

(i)in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally;

(ii)in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled pupils generally.

(4)In relation to each requirement, the relevant matters are—

(a)deciding who is offered admission as a pupil;

(b)provision of education or access to a benefit, facility or service.

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.

Commencement Information

I60Sch. 13 para. 2 wholly in force at 1.9.2012; para. 2 not in force at Royal Assent see s. 216; para. 2 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(6)(i)(i); para. 2 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(b)

The duty for further or higher education institutionsE+W+S

3(1)This paragraph applies where A is the responsible body of an institution to which section 91 applies.E+W+S

(2)A must comply with the first, second and third requirements.

(3)For the purposes of this paragraph—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;

(b)the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;

(c)the reference in section 20(3), (4) or (5) to a disabled person is—

(i)in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally;

(ii)in relation to a relevant matter within sub-paragraph (4)(b) or (c), a reference to disabled students generally;

(iii)in relation to a relevant matter within sub-paragraph (4)(d) or (e) below, a reference to an interested disabled person.

(4)In relation to each requirement, the relevant matters are—

(a)deciding who is offered admission as a student;

(b)provision of education;

(c)access to a benefit, facility or service;

(d)deciding on whom a qualification is conferred;

(e)a qualification that A confers.

4(1)An interested disabled person is a disabled person who, in relation to a relevant matter specified in the first column of the table, is of a description specified in the second column.E+W+S

CaseDescription of disabled person
Deciding upon whom to confer a qualification.A person who is, or has notified A that the person may be, an applicant for the conferment of the qualification.
A qualification that A confers.

An applicant for the conferment by A of the qualification.

A person on whom A confers the qualification.

(2)A provision, criterion or practice does not include the application of a competence standard.

(3)A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability.

The duty relating to certain other further or higher education coursesE+W+S

5(1)This paragraph applies where A is the responsible body in relation to a course to which section 92 applies.E+W+S

(2)A must comply with the first, second and third requirements; but if A is the governing body of a maintained school (within the meaning given by that section), A is not required to comply with the second requirement.

(3)For the purposes of this paragraph—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;

(b)the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;

(c)the reference in section 20(3), (4) or (5) to a disabled person is—

(i)in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally;

(ii)in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled persons generally who are enrolled on the course.

(4)In relation to each requirement, the relevant matters are—

(a)arrangements for enrolling persons on a course of further or higher education secured by A;

(b)services provided by A for persons enrolled on the course.

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.

Commencement Information

I61Sch. 13 para. 5 wholly in force at 1.9.2012; para. 5 not in force at Royal Assent see s. 216; para. 5 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(6)(i)(ii); para. 5 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(b)

The duty relating to recreational or training facilitiesE+W+S

6(1)This paragraph applies where A is the responsible body in relation to facilities to which section 93 applies.E+W+S

(2)A must comply with the first, second and third requirements.

(3)For the purposes of this paragraph—

(a)the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;

(b)the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A;

(c)the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons generally.

(4)In relation to each requirement, the relevant matter is A's arrangements for providing the recreational or training facilities.

Code of practiceE+W+S

7In deciding whether it is reasonable for A to have to take a step for the purpose of complying with the first, second or third requirement, A must have regard to relevant provisions of a code of practice issued under section 14 of the Equality Act 2006.E+W+S

Confidentiality requestsE+W+S

8(1)This paragraph applies if a person has made a confidentiality request of which A is aware.E+W+S

(2)In deciding whether it is reasonable for A to have to take a step in relation to that person so as to comply with the first, second or third requirement, A must have regard to the extent to which taking the step is consistent with the request.

(3)In a case within paragraph 2, a “confidentiality request” is a request—

(a)that the nature or existence of a disabled person's disability be treated as confidential, and

(b)which satisfies either of the following conditions.

(4)The first condition is that the request is made by the person's parent.

(5)The second condition is that—

(a)it is made by the person, and

(b)A reasonably believes that the person has sufficient understanding of the nature and effect of the request.

(6)In a case within paragraph 3, a “confidentiality request” is a request by a disabled person that the nature or existence of the person's disability be treated as confidential.

The duty for general qualifications bodiesE+W+S

9(1)This paragraph applies where A is a qualifications body for the purposes of section 96.E+W+S

(2)Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a qualifications body as they apply to a responsible body.

(3)This paragraph is subject to section 96(7).

Section 99

SCHEDULE 14E+W+SEducational charities and endowments

Educational charitiesE+W+S

1(1)This paragraph applies to a trust deed or other instrument—E+W+S

(a)which concerns property applicable for or in connection with the provision of education in an establishment in England and Wales to which section 85 or 91 applies, and

(b)which in any way restricts the benefits available under the instrument to persons of one sex.

(2)Sub-paragraph (3) applies if, on the application of the trustees or the responsible body (within the meaning of that section), a Minister of the Crown is satisfied that the removal or modification of the restriction would be conducive to the advancement of education without sex discrimination.

(3)The Minister may by order make such modifications of the instrument as appear to the Minister expedient for removing or modifying the restriction.

(4)If the trust was created by a gift or bequest, an order must not be made until the end of the period of 25 years after the date when the gift or bequest took effect.

(5)Sub-paragraph (4) does not apply if the donor or the personal representatives of the donor or testator consent in writing to making the application for the order.

(6)The Minister must require the applicant to publish a notice—

(a)containing particulars of the proposed order;

(b)stating that representations may be made to the Minister within a period specified in the notice.

(7)The period must be not less than one month beginning with the day after the date of the notice.

(8)The applicant must publish the notice in the manner specified by the Minister.

(9)The cost of publication may be paid out of the property of the trust.

(10)Before making the order, the Minister must take account of representations made in accordance with the notice.

Educational endowmentsE+W+S

2(1)This paragraph applies to an educational endowment—E+W+S

(a)to which section 104 of the Education (Scotland) Act 1980 applies, and

(b)which in any way restricts the benefit of the endowment to persons of one sex.

(2)Sub-paragraph (3) applies if, on the application of the governing body of an educational endowment, the Scottish Ministers are satisfied that the removal or modification of the provision which restricts the benefit of the endowment to persons of one sex would be conducive to the advancement of education without sex discrimination.

(3)The Scottish Ministers may by order make such provision as they think expedient for removing or modifying the restriction.

(4)If the Scottish Ministers propose to make such an order they must publish a notice in such manner as they think sufficient for giving information to persons they think may be interested in the endowment—

(a)containing particulars of the proposed order;

(b)stating that representations may be made with respect to the proposal within such period as is specified in the notice.

(5)The period must be not less than one month beginning with the day after the date of publication of the notice.

(6)The cost of publication is to be paid out of the funds of the endowment to which the notice relates.

(7)Before making an order, the Scottish Ministers—

(a)must consider representations made in accordance with the notice;

(b)may cause a local inquiry to be held into the representations under section 67 of the Education (Scotland) Act 1980.

(8)A reference to an educational endowment includes a reference to—

(a)a scheme made or approved for the endowment under Part 6 of the Education (Scotland) Act 1980;

(b)in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for the endowment under section 39 or 40 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);

(c)an endowment which is, by virtue of section 108(1) of the Education (Scotland) Act 1980, treated as if it were an educational endowment (or which would, but for the disapplication of that section by section 122(4) of that Act, be so treated);

(d)a university endowment, the Carnegie Trust, a theological endowment and a new endowment.

(9)Expressions used in this paragraph and in Part 6 of the Education (Scotland) Act 1980 have the same meaning in this paragraph as in that Part.

Section 107

SCHEDULE 15E+W+SAssociations: reasonable adjustments

PreliminaryE+W+S

1This Schedule applies where a duty to make reasonable adjustments is imposed on an association (A) by this Part.E+W+S

The dutyE+W+S

2(1)A must comply with the first, second and third requirements.E+W+S

(2)For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons who—

(a)are, or are seeking to become or might wish to become, members,

(b)are associates, or

(c)are, or are likely to become, guests.

(3)Section 20 has effect as if, in subsection (4), for “to avoid the disadvantage” there were substituted—

(a)to avoid the disadvantage, or

(b)to adopt a reasonable alternative method of affording access to the benefit, facility or service or of admitting persons to membership or inviting persons as guests.

(4)In relation to the first and third requirements, the relevant matters are—

(a)access to a benefit, facility or service;

(b)members' or associates' retaining their rights as such or avoiding having them varied;

(c)being admitted to membership or invited as a guest.

(5)In relation to the second requirement, the relevant matters are—

(a)access to a benefit, facility or service;

(b)being admitted to membership or invited as a guest.

(6)In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of or for the purpose of providing a benefit, facility or service, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies).

(7)Nothing in this paragraph requires A to take a step which would fundamentally alter—

(a)the nature of the benefit, facility or service concerned, or

(b)the nature of the association.

(8)Nor does anything in this paragraph require a member or associate in whose house meetings of the association take place to make adjustments to a physical feature of the house.

Section 107

SCHEDULE 16E+W+SAssociations: exceptions

Single characteristic associationsE+W+S

1(1)An association does not contravene section 101(1) by restricting membership to persons who share a protected characteristic.E+W+S

(2)An association that restricts membership to persons who share a protected characteristic does not breach section 101(3) by restricting the access by associates to a benefit, facility or service to such persons as share the characteristic.

(3)An association that restricts membership to persons who share a protected characteristic does not breach section 102(1) by inviting as guests, or by permitting to be invited as guests, only such persons as share the characteristic.

(4)Sub-paragraphs (1) to (3), so far as relating to race, do not apply in relation to colour.

(5)This paragraph does not apply to an association that is a registered political party.

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.

Commencement Information

I62Sch. 16 para. 1 wholly in force at 1.10.2012; para. 1 not in force at Royal Assent see s. 216; para. 1 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(7)(d) (with art. 15); para. 1 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(e)

[F22AgeE+W+S

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)

1A(1)An association does not contravene section 101(1) or (2), so far as relating to age discrimination, by giving a concession on admission to membership for—E+W+S

(a)persons of a particular age group, or

(b)persons who have been members of the association for more than a number of years specified by the association for this purpose.

(2)An association does not contravene section 101(2) or (3), so far as relating to age discrimination, by giving a concession on access to a benefit, facility or service for—

(a)members of a particular age group, or

(b)persons who have been members of the association for more than a number of years specified by the association for this purpose.

(3)An association does not contravene section 102(1), so far as relating to age discrimination, by giving a concession on invitations of persons of a particular age group as guests.

(4)An association does not contravene section 102(2), so far as relating to age discrimination, by giving a concession on access to a benefit, facility or service for guests of a particular age group.

(5)For the purposes of this paragraph, affording only persons of a particular age group access to a benefit, facility or service for a limited time is to be regarded as a concession.

(6)The reference to a concession in respect of something done by an association is a reference to a benefit, right or privilege having the effect that the manner in which, or the terms on which, it does it are more favourable than the manner in which, or the terms on which, it usually does the thing.]

Health and safetyE+W+S

2(1)An association (A) does not discriminate against a pregnant woman in contravention of section 101(1)(b) because she is pregnant if—E+W+S

(a)the terms on which A is prepared to admit her to membership include a term intended to remove or reduce a risk to her health or safety,

(b)A reasonably believes that admitting her to membership on terms which do not include that term would create a risk to her health or safety,

(c)the terms on which A is prepared to admit persons with other physical conditions to membership include a term intended to remove or reduce a risk to their health or safety, and

(d)A reasonably believes that admitting them to membership on terms which do not include that term would create a risk to their health or safety.

(2)Sub-paragraph (1) applies to section 102(1)(b) as it applies to section 101(1)(b); and for that purpose a reference to admitting a person to membership is to be read as a reference to inviting the person as a guest or permitting the person to be invited as a guest.

(3)An association (A) does not discriminate against a pregnant woman in contravention of section 101(2)(a) or (3)(a) or 102(2)(a) because she is pregnant if—

(a)the way in which A affords her access to a benefit, facility or service is intended to remove or reduce a risk to her health or safety,

(b)A reasonably believes that affording her access to the benefit, facility or service otherwise than in that way would create a risk to her health or safety,

(c)A affords persons with other physical conditions access to the benefit, facility or service in a way that is intended to remove or reduce a risk to their health or safety, and

(d)A reasonably believes that affording them access to the benefit, facility or service otherwise than in that way would create a risk to their health or safety.

(4)An association (A) which does not afford a pregnant woman access to a benefit, facility or service does not discriminate against her in contravention of section 101(2)(a) or (3)(a) or 102(2)(a) because she is pregnant if—

(a)A reasonably believes that affording her access to the benefit, facility or service would, because she is pregnant, create a risk to her health or safety,

(b)A does not afford persons with other physical conditions access to the benefit, facility or service, and

(c)the reason for not doing so is that A reasonably believes that affording them access to the benefit, facility or service would create a risk to their health or safety.

(5)An association (A) does not discriminate against a pregnant woman under section 101(2)(c) or (3)(c) because she is pregnant if—

(a)the variation of A's terms of membership, or rights as an associate, is intended to remove or reduce a risk to her health or safety,

(b)A reasonably believes that not making the variation to A's terms or rights would create a risk to her health or safety,

(c)A varies the terms of membership, or rights as an associate, of persons with other physical conditions,

(d)the variation of their terms or rights is intended to remove or reduce a risk to their health or safety, and

(e)A reasonably believes that not making the variation to their terms or rights would create a risk to their health or safety.

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.

Commencement Information

I63Sch. 16 para. 2 wholly in force at 1.10.2012; para. 2 not in force at Royal Assent see s. 216; para. 2 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(7)(d) (with art. 15); para. 2 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(e)

Section 116

SCHEDULE 17E+W+SDisabled pupils: enforcement

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)

C1Sch. 17: 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)

Part 1 E+W+SIntroductory

1In this Schedule—E+W+S

  • the Tribunal” means—

    (a)

    in relation to a school in England, the First-tier Tribunal;

    (b)

    in relation to a school in Wales, the Special Educational Needs Tribunal for Wales;

    (c)

    in relation to a school in Scotland, an Additional Support Needs Tribunal for Scotland;

  • the English Tribunal” means the First-tier Tribunal;

  • the Welsh Tribunal” means the Special Educational Needs Tribunal for Wales;

  • the Scottish Tribunal” means an Additional Support Needs Tribunal for Scotland;

  • responsible body” is to be construed in accordance with section 85.

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.

Commencement Information

I64Sch. 17 para. 1 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 para. 1 in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 17 Pt. 1 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

Part 2 E+W+STribunals in England and Wales

IntroductoryE+W+S

2This Part of this Schedule applies in relation to the English Tribunal and the Welsh Tribunal.E+W+S

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.

Commencement Information

I65Sch. 17 para. 2 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

Jurisdiction [F23— England and Wales]E+W+S

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)

F23Words in Sch. 17 para. 3 cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 9(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 3); S.I. 2012/320, art. 3(f)

3A claim that a responsible body has contravened Chapter 1 of Part 6 because of a person's disability may be made to the Tribunal by the person's parent.E+W+S

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.

Commencement Information

I66Sch. 17 para. 3 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

[F24Jurisdiction — WalesE+W

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)

F24Sch. 17 para. 3A and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 9(3) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 3); S.I. 2012/320, art. 3(f)

3A(1)A claim that a responsible body for a school in Wales has contravened Chapter 1 of Part 6 in relation to a person because of disability may be made to the Tribunal by that person (“the relevant person”).E+W

(2)But this paragraph does not apply to a claim to which paragraph 13 or 14 applies.

(3)The relevant person's right to claim is exercisable concurrently with the right of the relevant person's parent under paragraph 3.

(4)The exercise of rights under this paragraph is subject to provision made by regulations under paragraphs 6 and 6A.]

Time for bringing proceedingsE+W+S

4(1)Proceedings on a claim may not be brought after the end of the period of 6 months starting with the date when the conduct complained of occurred.E+W+S

(2)If, in relation to proceedings or prospective proceedings under section 27 of the Equality Act 2006, the dispute is referred for conciliation in pursuance of arrangements under that section before the end of that period, the period is extended by 3 months.

[F25(2A)If, in relation to proceedings or prospective proceedings on a claim under paragraph 3 or 3A, the dispute is referred for resolution in pursuance of arrangements under paragraph 6C or for conciliation in pursuance of arrangements under section 27 of the Equality Act 2006 before the end of the period of 6 months mentioned in sub-paragraph (1), that period is extended by 3 months.]

(3)The Tribunal may consider a claim which is out of time.

(4)Sub-paragraph (3) does not apply if the Tribunal has previously decided under that sub-paragraph not to consider a claim.

(5)For the purposes of sub-paragraph (1)—

(a)if the contravention is attributable to a term in a contract, the conduct is to be treated as extending throughout the duration of the contract;

(b)conduct extending over a period is to be treated as occurring at the end of the period;

(c)failure to do something is to be treated as occurring when the person in question decided on it.

(6)In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something—

(a)when P acts inconsistently with doing it, or

(b)if P does not act inconsistently, on the expiry of the period in which P might reasonably have been expected to do it.

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)

F25Sch. 17 para. 4(2A) inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 10(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 4); S.I. 2012/320, art. 3(g)

Commencement Information

I67Sch. 17 para. 4 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

PowersE+W+S

5(1)This paragraph applies if the Tribunal finds that the contravention has occurred.E+W+S

(2)The Tribunal may make such order as it thinks fit.

(3)The power under sub-paragraph (2)—

(a)may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person of any matter to which the claim relates;

(b)does not include power to order the payment of compensation.

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.

Commencement Information

I68Sch. 17 para. 5 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 2 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

ProcedureE+W+S

6(1)This paragraph applies in relation to the Welsh Tribunal.E+W+S

(2)The Welsh Ministers may by regulations make provision as to—

(a)the proceedings on a claim under paragraph 3 [F26or 3A];

(b)the making of a claim.

(3)The regulations may, in particular, include provision—

(a)as to the manner in which a claim must be made;

(b)for enabling functions relating to preliminary or incidental matters (including in particular a decision under paragraph 4(3) to be performed by the President or by the person occupying the chair);

(c)enabling hearings to be conducted in the absence of a member other than the person occupying the chair;

[F27(ca) for adding and substituting parties;]

(d)as to persons who may appear on behalf of the parties;

(e)for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court;

(f)requiring persons to attend to give evidence and produce documents;

(g)for authorising the administration of oaths to witnesses;

(h)for deciding claims without a hearing in prescribed circumstances;

(i)as to the withdrawal of claims;

(j)for enabling the Tribunal to stay proceedings;

(k)for the award of costs or expenses;

(l)for settling costs or expenses (and, in particular, for enabling costs to be assessed in the county court);

(m)for the registration and proof of decisions and orders;

(n)for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be decided in accordance with the regulations.

(4)Proceedings must be held in private, except in prescribed circumstances.

(5)The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as they may decide.

(6)Part 1 of the Arbitration Act 1996 does not apply to the proceedings, but regulations may make provision in relation to such proceedings that corresponds to a provision of that Part.

(7)The regulations may make provision for a claim to be heard, in prescribed circumstances, with an appeal under Part 4 of the Education Act 1996 (special educational needs).

(8)A person commits an offence by failing to comply with—

(a)a requirement in respect of the disclosure or inspection of documents imposed by virtue of sub-paragraph (3)(e), or

(b)a requirement imposed by virtue of sub-paragraph (3)(f).

(9)A person guilty of the offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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)

F26Words in Sch. 17 para. 6(2)(a) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 11(2)(a) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 5); S.I. 2012/320, art. 2(d)

F27Sch. 17 para. 6(3)(ca) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 11(2)(b) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 5); S.I. 2012/320, art. 2(d)

Commencement Information

I69Sch. 17 para. 6 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 para. 6(1)-(7) in force for certain purposes at 6.7.2010 by S.I. 2010/1736, art. 2, Sch.; Sch. 17 Pt. 2 in force at 1.10.2010 in so far as not already in force by S.I. 2010/2317, art. 2(1)(9)(k)(i) (with art. 15, and subject to transitional provision in art. 7)

[F28F29Case friends — WalesE+W

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)

F28Sch. 17 para. 6A and cross-heading inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 12(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 6); S.I. 2012/320, art. 2(e)

F29Sch. 17 para. 6A and cross-heading inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 12(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 6); S.I. 2012/320, art. 2(e)

6A(1)The Welsh Ministers may by regulations provide for—E+W

(a)a disabled child in a local authority area in Wales to have a person to make representations on behalf of the disabled child with a view to avoiding or resolving disagreements about contraventions of Chapter 1 of Part 6; and

(b)a relevant person (within the meaning of paragraph 3A) to have another person to exercise the relevant person's rights under that paragraph on the relevant person's behalf.

(2)A person exercising rights or making representations on behalf of a disabled child or a relevant person under sub-paragraph (1) is referred to in this Schedule as a “case friend”.

(3)A case friend must—

(a)make representations and exercise rights fairly and competently;

(b)have no interest adverse to that of the disabled child or relevant person;

(c)ensure that all steps and decisions taken by the case friend are for the benefit of the disabled child or relevant person and take account of the disabled child or relevant person's views.

(4)Regulations made under this paragraph may (among other things)—

(a)confer functions on the Welsh Tribunal;

(b)make provision about procedures in relation to case friends;

(c)make provision about the appointment and removal of case friends;

(d)specify the circumstances in which a person may or may not act as a case friend;

(e)specify the circumstances in which a relevant person (within the meaning of paragraph 3A) must have a case friend;

(f)specify further requirements in respect of the conduct of case friends.

(5)In this paragraph and in paragraphs 6B, 6C, 6D and 6E, “local authority” has the meaning given in section 89(10).

(6)In this paragraph and in paragraphs 6B, 6C and 6D—

  • disabled child” means any disabled person who is a pupil (or a prospective pupil) of—

    (a)

    a maintained school or maintained nursery school,

    (b)

    a pupil referral unit,

    (c)

    an independent school, or

    (d)

    a special school not maintained by a local authority;

  • proprietor” has the meaning given in section 89(4);

  • school” has the meanings given in section 89(5).

(7)In sub-paragraph (6)—

  • independent school” has the meaning given in section 89(8);

  • maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998;

  • maintained nursery school” has the meaning given in section 22(9) of the

  • School Standards and Framework Act 1998

  • pupil” has the meanings given in section 89(3);

  • pupil referral unit” has the meaning given in section 19 of the Education Act 1996; and

  • special school” has the meaning given in section 89(9).]

[F30Advice and information — WalesE+W

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)

F30Sch. 17 para. 6B and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 13(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 7); S.I. 2012/320, art. 3(h)

6B(1)A local authority in Wales must arrange for any disabled child in its area and for the case friend of any such child to be provided with advice and information about matters relating to disability discrimination in schools.E+W

(2)In making the arrangements, the local authority must have regard to any guidance given by the Welsh Ministers.

(3)The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

(4)The local authority must take such steps as it considers appropriate for making the services provided under sub-paragraph (1) known to—

(a)disabled children in its area,

(b)parents of disabled children in its area,

(c)head teachers and proprietors of schools in its area, and

(d)such other persons as it considers appropriate.]

[F31Resolution of disputes — WalesE+W

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)

F31Sch. 17 para. 6C and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 14(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 8); S.I. 2012/320, art. 3(i)

6C(1)A local authority in Wales must make arrangements with a view to avoiding or resolving disagreements between responsible bodies and disabled children in its area about contraventions of Chapter 1 of Part 6.E+W

(2)The arrangements must provide for the appointment of independent persons with the functions of facilitating the avoidance or resolution of such disagreements.

(3)In making the arrangements, the local authority must have regard to any guidance given by the Welsh Ministers.

(4)The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

(5)The local authority must take such steps as it considers appropriate for making the arrangements under sub-paragraph (1) known to—

(a)disabled children in its area,

(b)parents of disabled children in its area,

(c)head teachers and proprietors of schools in its area, and

(d)such other persons as it considers appropriate.

(6)The arrangements cannot affect the entitlement of any person to make a claim to the Tribunal, and the local authority must take such steps as it considers appropriate to make that fact known to disabled children, to parents of disabled children and to case friends for disabled children in its area.]

[F32Independent advocacy services — WalesE+W

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)

F32Sch. 17 para. 6D and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 15(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 9); S.I. 2012/320, art. 3(j)

6D(1)Every local authority in Wales must—E+W

(a)make arrangements for the provision of independent advocacy services in its area;

(b)refer any disabled child in its area who requests independent advocacy services to a service provider;

(c)refer any person who is a case friend for a disabled child in its area and who requests independent advocacy services to a service provider.

(2)In this paragraph “independent advocacy services” are services providing advice and assistance (by way of representation or otherwise) to a disabled child who is—

(a)making, or intending to make a claim that a responsible body has contravened Chapter 1 of Part 6 because of the child's disability; or

(b)considering whether to make such a claim; or

(c)taking part in or intending to take part in dispute resolution arrangements made under paragraph 6C.

(3)In making arrangements under this paragraph, every local authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is—

(a)the subject of a claim to the Tribunal, or

(b)involved in investigating or adjudicating on such a claim.

(4)The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

(5)Every local authority in Wales must take such steps as it considers appropriate for making the arrangements under this paragraph known to—

(a)disabled children in its area,

(b)parents of disabled children in its area,

(c)head teachers and proprietors of schools in its area, and

(d)such other persons as it considers appropriate.

(6)The arrangements may include provision for payments to be made to, or in relation to, any person carrying out functions in accordance with the arrangements.

(7)A local authority must have regard to any guidance given from time to time by the Welsh Ministers.]

[F33Power of direction — WalesE+W

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)

F33Sch. 17 para. 6E and cross-heading inserted (E.W.) (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 16(2) (as substituted (6.7.2011) by The Right of a Child to Make a Disability Discrimination Claim (Schools) (Wales) Order 2011 (S.I. 2011/1651), art. 10); S.I. 2012/320, art. 3(k)

6E(1)If the Welsh Ministers are satisfied (whether on a complaint or otherwise) that a local authority—E+W

(a)has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under paragraph 6B, 6C or 6D, or

(b)has failed to discharge a duty imposed by or under any of those paragraphs,

they may give that local authority such directions as to the discharge of the duty as appear to them to be expedient.

(2)A direction may be given under sub-paragraph (1) even if the performance of the duty is contingent on the opinion of the local authority.

(3)A direction—

(a)may be varied or revoked by the Welsh Ministers;

(b)may be enforced, on the application of the Welsh Ministers, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981.]

Part 3 E+W+STribunals in Scotland

IntroductoryE+W+S

7This Part of this Schedule applies in relation to the Scottish Tribunal.E+W+S

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.

Commencement Information

I70Sch. 17 para. 7 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7)

JurisdictionE+W+S

8A claim that a responsible body has contravened Chapter 1 of Part 6 because of a person's disability may be made to the Tribunal by—E+W+S

(a)the person's parent;

(b)where the person has capacity to make the claim, the person.

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.

Commencement Information

I71Sch. 17 para. 8 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7)

PowersE+W+S

9(1)This paragraph applies if the Tribunal finds the contravention has occurred.E+W+S

(2)The Tribunal may make such order as it thinks fit.

(3)The power under sub-paragraph (2)—

(a)may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person of any matter to which the claim relates;

(b)does not include power to order the payment of compensation.

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.

Commencement Information

I72Sch. 17 para. 9 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7)

Procedure etc.E+W+S

10(1)The Scottish Ministers may make rules as to—E+W+S

(a)the proceedings on a claim under paragraph 8;

(b)the making of a claim.

(2)The rules may, in particular, include provision for or in connection with—

(a)the form and manner in which a claim must be made;

(b)the time within which a claim is to be made;

(c)the withdrawal of claims;

(d)the recovery and inspection of documents;

(e)the persons who may appear on behalf of the parties;

(f)the persons who may be present at proceedings alongside any party or witness to support the party or witness;

(g)enabling specified persons other than the parties to appear or be represented in specified circumstances;

(h)requiring specified persons to give notice to other specified persons of specified matters;

(i)the time within which any such notice must be given;

(j)enabling Tribunal proceedings to be conducted in the absence of any member of a Tribunal other than the convener;

(k)enabling any matters that are preliminary or incidental to the determination of proceedings to be determined by the convenor of a Tribunal alone or with such other members of the Tribunal as may be specified;

(l)enabling Tribunals to be held in private;

(m)enabling a Tribunal to exclude any person from attending all or part of Tribunal proceedings;

(n)enabling a Tribunal to impose reporting restrictions in relation to all or part of Tribunal proceedings;

(o)enabling a Tribunal to determine specified matters without holding a hearing;

(p)the recording and publication of decisions and orders of a Tribunal;

(q)enabling a Tribunal to commission medical and other reports in specified circumstances;

(r)requiring a Tribunal to take specified actions, or to determine specified proceedings, within specified periods;

(s)enabling a Tribunal to make an award of expenses;

(t)the taxation or assessment of such expenses;

(u)enabling a Tribunal, in specified circumstances, to review, or to vary or revoke, any of its decisions, orders or awards;

(v)enabling a Tribunal, in specified circumstances, to review the decisions, orders or awards of another Tribunal and take such action (including variation and revocation) in respect of those decisions, orders or awards as it thinks fit.

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.

Commencement Information

I73Sch. 17 para. 10 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7)

AppealsE+W+S

11(1)Either of the persons specified in sub-paragraph (2) may appeal on a point of law to the Court of Session against a decision of a Tribunal relating to a claim under this Schedule.E+W+S

(2)Those persons are—

(a)the person who made the claim;

(b)the responsible body.

(3)Where the Court of Session allows an appeal under sub-paragraph (1) it may—

(a)remit the reference back to the Tribunal or to a differently constituted Tribunal to be considered again and give the Tribunal such directions about the consideration of the case as the Court thinks fit;

(b)make such ancillary orders as it considers necessary or appropriate.

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.

Commencement Information

I74Sch. 17 para. 11 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7)

Amendment of Education (Additional Support for Learning) (Scotland) Act 2004E+W+S

12The Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) is amended as follows—E+W+S

(a)in section 17(1), omit “to exercise the functions which are conferred on a Tribunal by virtue of this Act”;

(b)after section 17(1), insert—

(1A)Tribunals are to exercise the functions which are conferred on them by virtue of—

(a)this Act, and

(b)the Equality Act 2010;

(c)in the definition of “Tribunal functions” in paragraph 1 of Schedule 1, after “Act” insert “ or the Equality Act 2010 ”.

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.

Commencement Information

I75Sch. 17 para. 12 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 3 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(ii) (with art. 15, and subject to transitional provision in art. 7); Sch. 17 Pt. 3 in force in so far as not already in force at 18.3.2011 by S.I. 2010/2317, art. 3(d) (with art. 15, and subject to transitional provision in art. 7)

Part 4 E+W+SAdmissions and exclusions

AdmissionsE+W+S

13(1)This paragraph applies if appeal arrangements have been made in relation to admissions decisions.E+W+S

(2)A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an admissions decision must be made under the appeal arrangements.

(3)The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements.

(4)Appeal arrangements are arrangements under—

(a)section 94 of the School Standards and Framework Act 1998, or

[F34(b)Academy arrangements (as defined in section 1 of the Academies Act 2010) between the responsible body for an Academy and the Secretary of State,]

enabling an appeal to be made by the person's parent against the decision.

(5)An admissions decision is—

(a)a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998;

(b)a decision as to the admission of a person to an [F35Academy school or an alternative provision Academy] taken by the responsible body or on its behalf.

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)

Commencement Information

I76Sch. 17 para. 13 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 4 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(iii) (with art. 15, and subject to transitional provision in art. 7)

Exclusions [F36: Wales]E+W+S

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)

14(1)This paragraph applies if appeal arrangements have been made in relation to exclusion decisions [F37that are made in relation to schools in Wales].E+W+S

(2)A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an exclusion decision must be made under the appeal arrangements.

(3)The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements.

[F38(4)Appeal arrangements are arrangements under section 52(3) of the Education Act 2002 enabling an appeal to be made against an exclusion decision.]

(5)An exclusion decision is—

(a)a decision of a kind mentioned in 52(3) of the Education Act 2002;

(b)F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under section 19 of the Education Act 2002.

(7)Maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998.

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)

Commencement Information

I77Sch. 17 para. 14 wholly in force; Sch. 17 not in force at Royal Assent see s. 216; Sch. 17 Pt. 4 in force at 1.10.2010 by S.I. 2010/2317, art. 2(1)(9)(k)(iii) (with art. 15, and subject to transitional provision in art. 7)

Section 149

SCHEDULE 18E+W+SPublic sector equality duty: exceptions

ChildrenE+W+S

1(1)Section 149, so far as relating to age, does not apply to the exercise of a function relating to—E+W+S

(a)the provision of education to pupils in schools;

(b)the provision of benefits, facilities or services to pupils in schools;

(c)the provision of accommodation, benefits, facilities or services in community homes pursuant to section 53(1) of the Children Act 1989;

(d)the provision of accommodation, benefits, facilities or services pursuant to arrangements under section 82(5) of that Act (arrangements by the Secretary of State relating to the accommodation of children);

(e)the provision of accommodation, benefits, facilities or services in residential establishments pursuant to section 26(1)(b) of the Children (Scotland) Act 1995.

(2)“Pupil” and “school” each have the same meaning as in Chapter 1 of Part 6.

ImmigrationE+W+S

2(1)In relation to the exercise of immigration and nationality functions, section 149 has effect as if subsection (1)(b) did not apply to the protected characteristics of age, race or religion or belief; but for that purpose “race” means race so far as relating to—E+W+S

(a)nationality, or

(b)ethnic or national origins.

(2)Immigration and nationality functions” means functions exercisable by virtue of—

(a)the Immigration Acts (excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to criminal offences),

(b)the British Nationality Act 1981,

(c)the British Nationality (Falkland Islands) Act 1983,

(d)the British Nationality (Hong Kong) Act 1990,

(e)the Hong Kong (War Wives and Widows) Act 1996,

(f)the British Nationality (Hong Kong) Act 1997,

(g)the Special Immigration Appeals Commission Act 1997, or

(h)a provision made under section 2(2) of the European Communities Act 1972, or of [F40EU law], which relates to the subject matter of an enactment within paragraphs (a) to (g).

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)

Judicial functions, etc.E+W+S

3(1)Section 149 does not apply to the exercise of—E+W+S

(a)a judicial function;

(b)a function exercised on behalf of, or on the instructions of, a person exercising a judicial function.

(2)The references to a judicial function include a reference to a judicial function conferred on a person other than a court or tribunal.

Exceptions that are specific to section 149(2)E+W+S

4(1)Section 149(2) (application of section 149(1) to persons who are not public authorities but by whom public functions are exercisable) does not apply to—E+W+S

(a)a person listed in sub-paragraph (2);

(b)the exercise of a function listed in sub-paragraph (3).

(2)Those persons are—

(a)the House of Commons;

(b)the House of Lords;

(c)the Scottish Parliament;

(d)the National Assembly for Wales;

(e)the General Synod of the Church of England;

(f)the Security Service;

(g)the Secret Intelligence Service;

(h)the Government Communications Headquarters;

(i)a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

(3)Those functions are—

(a)a function in connection with proceedings in the House of Commons or the House of Lords;

(b)a function in connection with proceedings in the Scottish Parliament (other than a function of the Scottish Parliamentary Corporate Body);

(c)a function in connection with proceedings in the National Assembly for Wales (other than a function of the Assembly Commission).

Power to amend ScheduleE+W+S

5(1)A Minister of the Crown may by order amend this Schedule so as to add, vary or omit an exception to section 149.E+W+S

(2)But provision by virtue of sub-paragraph (1) may not amend this Schedule—

(a)so as to omit an exception in paragraph 3;

(b)so as to omit an exception in paragraph 4(1) so far as applying for the purposes of paragraph 4(2)(a) to (e) or (3);

(c)so as to reduce the extent to which an exception referred to in paragraph (a) or (b) applies.

Section 150

SCHEDULE 19E+W+SPublic authorities

Part 1 E+W+SPublic authorities: general

Ministers of the Crown and government departmentsE+W+S

  • A Minister of the Crown.

  • A government department other than the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.

Armed forcesE+W+S

  • Any of the armed forces other than any part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.

[F41Broadcasting E+W+S

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)

  • The British Broadcasting Corporation (“BBC”), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003); and the reference to the BBC includes a reference to a body corporate which—

    (a)

    is a wholly owned subsidiary of the BBC,

    (b)

    is not operated with a view to generating a profit, and

    (c)

    undertakes activities primarily in order to promote the BBC's public purposes.

  • The Channel Four Television Corporation, except in respect of—

    (a)

    functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003), and

    (b)

    the function of carrying on the activities referred to in section 199 of that Act.

  • The Welsh Authority (as defined by section 56(1) of the Broadcasting Act 1990), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003).]

[F42Civil libertiesE+W+S

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)

  • The Commission for Equality and Human Rights.

  • The Information Commissioner.]

[F43Court services and legal servicesE+W+S

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)

  • The Children and Family Court Advisory and Support Service.

  • The Judicial Appointments Commission.

  • The Legal Services Board.

  • F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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)

[F45Criminal justiceE+W+S

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)

  • Her Majesty's Chief Inspector of Constabulary.

  • Her Majesty's Chief Inspector of the Crown Prosecution Service.

  • Her Majesty's Chief Inspector of Prisons.

  • Her Majesty's Chief Inspector of Probation for England and Wales.

  • The Parole Board for England and Wales.

  • A probation trust established by an order made under section 5(1) of the Offender Management Act 2007.

  • The Youth Justice Board for England and Wales.]

[F46Environment, housing and developmentE+W+S

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)

  • The Homes and Communities Agency.

  • Natural England.

  • F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • The Olympic Delivery Authority.]

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)

[F48Health, social care and social security]E+W+S

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)

  • [F49[F50The National Health Service Commissioning Board.

  • A clinical commissioning group established under section 14D of the National Health Service Act 2006.]

  • The Care Quality Commission.

  • F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • The Health Service Commissioner for England, in respect of—

    (a)

    the Commissioner's functions set out in paragraph 11 of Schedule 1 to the Health Service Commissioners Act 1993; and

    (b)

    the Commissioner's public procurement functions (as defined in section 155(3) of this Act).

  • [F52Monitor].

  • An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

  • [F53An NHS trust established under section 25 of [F54the National Health Service Act 2006] .]

  • F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • A Special Health Authority established under section 28 of that Act other than NHS Blood and Transplant and the NHS Business Services Authority.

  • F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F57The Health and Social Care Information Centre.]

  • [F58The National Institute for Health and Care Excellence.]]

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)

F50Sch. 19 Pt. 1 entries inserted (27.3.2012 for specified purposes otherwise 1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(a); S.I. 2012/1831, art. 2(2)

F52Sch. 19 Pt. 1 entry substituted (27.3.2012 for specified purposes otherwise 1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 150(5), 306(1)(d), Sch. 13 para. 19; S.I. 2012/1319, art. 2(3)

F53Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise prosp.) by virtue of Health and Social Care Act 2012 (c. 7), ss. 179(6), 306(1)(d)(4), Sch. 14 para. 116 (with s. 179(5)(b))

F54Words in Sch. 19 Pt. 1 substituted (27.3.2012 for specified purposes otherwise 1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(b); S.I. 2013/160, art. 2(2)

F55Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise 1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(c); S.I. 2013/160, art. 2(2)

F56Sch. 19 Pt. 1 entry omitted (27.3.2012 for specified purposes otherwise 1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 55(2), 306(1)(d), Sch. 5 para. 182(d); S.I. 2013/160, art. 2(2)

F57Sch. 19 Pt. 1 entry added (27.3.2012 for specified purposes otherwise 1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 277, 306(1)(d), Sch. 19 para. 13; S.I. 2013/160, art. 2(2)

F58Sch. 19 Pt. 1 entry added (27.3.2012 for specified purposes otherwise 1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 249(1), 306(1)(d), Sch. 17 para. 14; S.I. 2013/160, art. 2(2)

[F59Industry, business, finance etc.E+W+S

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)

  • The Advisory, Conciliation and Arbitration Service.

  • The Bank of England, in respect of its public functions.

  • The Civil Aviation Authority.

  • The Competition Commission.

  • [F60The Comptroller and Auditor General.]

  • [F61The Financial Conduct Authority]

  • The National Audit Office.

  • [F62The Office for Budget Responsibility.]

  • The Office of Communications.

  • [F63The Prudential Regulation Authority]]

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)

Local governmentE+W+S

  • A county council, district council or parish council in England.

  • A parish meeting constituted under section 13 of the Local Government Act 1972.

  • Charter trustees constituted under section 246 of that Act for an area in England.

  • The Greater London Authority.

  • A London borough council.

  • The Common Council of the City of London in its capacity as a local authority or port health authority.

  • The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in that person's capacity as a local authority.

  • F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • The London Fire and Emergency Planning Authority.

  • Transport for London.

  • [F65A Mayoral development corporation.]

  • The Council of the Isles of Scilly.

  • The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988.