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Equality Act 2010

Type Public General Act

Publication 2010-04-08

Last updated 2026-08-14

State In force

Department Statute Law Database

Source legislation.gov.uk

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

3

A 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.

Bishops

4

The office of diocesan or suffragan bishop is not a public office.

SCHEDULE 7 — Equality of terms: exceptions

Part 1 — Terms of work

Compliance with laws regulating employment of women, etc.

1

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

(a) the employment of women;

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

Pregnancy, etc.

2

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

Part 2 — Occupational pension schemes

Preliminary

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.

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

State retirement pensions

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.

(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)or sections 2 to 12 of the Pensions Act 2014 (state pension).

Actuarial factors

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—

(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.

Power to amend

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.

(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).

SCHEDULE 8 — Work: reasonable adjustments

Part 1 — Introductory

Preliminary

1

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

The duty

2

(1) A must comply with the first, second and third requirements.

(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;

(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)).

(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 — Interested disabled person

Preliminary

4

An 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.

Employers (see section 39)

5

(1) This paragraph applies where A is an employer.

Relevant matter	Description 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)

6

(1) This paragraph applies where A is a principal.

Relevant matter	Description 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)

7

(1) This paragraph applies where A is a firm or a proposed firm.

Relevant matter	Description 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)

8

(1) This paragraph applies where A is an LLP or a proposed LLP.

Relevant matter	Description 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)

9

This paragraph applies where A is a barrister or barrister's clerk.

Advocates and their clerks (see section 48)

10

This paragraph applies where A is an advocate or advocate's clerk.

Persons making appointments to offices etc. (see sections 49 to 51)

11

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

12

This paragraph applies where A is a relevant person in relation to a personal or public office.

13

This 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.

14

In 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—

(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)

15

(1) This paragraph applies where A is a qualifications body.

Relevant matter	Description 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)

16

This paragraph applies where—

(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).

Trade organisations (see section 57)

17

This paragraph applies where A is a trade organisation.

Local authorities (see section 58)

18

(1) This paragraph applies where A is a local authority.

Relevant matter	Description 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)

19

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

Part 3 — Limitations on the duty

Lack of knowledge of disability, etc.

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—

(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) in 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 A	Applicant
An employer	An applicant for employment
A firm or proposed firm	A candidate for a position as a partner
An LLP or proposed LLP	A candidate for a position as a member
A barrister or barrister's clerk	An applicant for a pupillage or tenancy
An advocate or advocate's clerk	An 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 office	A person who is seeking appointment to, or recommendation or approval for appointment to, the office
A qualifications body	An applicant for the conferment of a relevant qualification
An employment service-provider	An applicant for the provision of an employment service
A trade organisation	An 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).

SCHEDULE 9 — Work: exceptions

Part 1 — Occupational requirements

General

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—

(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);

(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);

(h) section 60A(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 orientation

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—

(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);

(d) section 51(1);

(e) section 60A(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;

(ca) a requirement not to be married to, or the civil partner of, a person of the same sex;

(cb) a requirement not to be the civil partner of a person of the opposite sex;

(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 belief

3

A 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—

(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 forces

4

(1) A person does not contravene section 39(1)(a) or (c) or (2)(b) or section 60A(1) 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.

(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 services

5

(1) A person (A) does not contravene section 55(1) or (2) or section 60A(1) 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.

(2) A person (A) does not contravene section 55(1) or (2) or section 60A(1) 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) or section 60A(1) 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.

Interpretation

6

(1) This paragraph applies for the purposes of this Part of this Schedule.

(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 — Exceptions relating to age

Preliminary

7

For 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.

Retirement

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applicants at or approaching retirement age

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Benefits based on length of service

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.

(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 workers

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—

(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: apprentices

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.

(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.

Redundancy

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.

(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,

(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;

(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.

Insurance etc.

14

(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—

(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.

Child care

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.

(2) The relevant provisions are—

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

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

(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 schemes

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.

(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.

Part 3 — Other exceptions

Non-contractual payments to women on maternity leave

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.

(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

(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.

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 within sub-paragraph (1A) from having access to a benefit, facility or service—

(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.

(1A) A person is within this sub-paragraph if the person is—

(a) a man who is married to a woman, or

(b) a woman who is married to a man, or

(1B) The reference in sub-paragraph (1A)(c) to a relevant gender change case is a reference to a case where—

(a) the married couple were of the opposite sex at the time of their marriage, and

(b) a full gender recognition certificate has been issued to one of the couple under the Gender Recognition Act 2004.

(1C) Sub-paragraph (1) does not apply in relation to access to a benefit payable under an occupational pension scheme to the surviving spouse or surviving civil partner of a deceased member or deceased pension credit member of the scheme.

(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 public

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.

(2) The provisions are—

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

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

(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

(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;

(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,

(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.

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—

(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;

(d) sex discrimination.

SCHEDULE 10 — Accessibility for disabled pupils

Accessibility strategies

1

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

(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;

(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—

(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;

(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 plans

3

(1) The responsible body of a school in England and Wales must prepare—

(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

(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.

(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 direction

5

(1) This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body—

(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);

(b) Academy schools;

(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.

Supplementary

6

(1) This paragraph applies for the purposes of this Schedule.

(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 or 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.

SCHEDULE 11 — Schools: exceptions

Part 1 — Sex discrimination

Admission to single-sex schools

1

(1) Section 85(1), so far as relating to sex, does not apply in relation to a single-sex school.

(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 schools

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.

(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-educational

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.

(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).

(2) In the case of a school in Wales maintained by a local authority, a transitional exemption order may be made in accordance with section 82 of, or Part 3 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

(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

School with religious character etc.

5

Section 85(1) and (2)(a) to (d), so far as relating to religion or belief, does not apply in relation to—

(a) a school designated under section 68A or 69(3) of the School Standards and Framework Act 1998 (foundation or voluntary school with religious character);

(b) a school (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.

Curriculum, worship, etc.

6

Section 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).

Power to amend

7

(1) A Minister of the Crown may by order amend this Part of this Schedule—

(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

Part 3 — Disability discrimination

Permitted form of selection

8

(1) A person does not contravene section 85(1), so far as relating to disability, only by applying a permitted form of selection.

(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.

SCHEDULE 12 — Further and higher education exceptions

Part 1 — Single-sex institutions, etc.

Admission to single-sex institutions

1

(1) Section 91(1), so far as relating to sex, does not apply in relation to a single-sex institution.

(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-educational

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.

(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—

(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

(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

Part 2 — Other exceptions

Occupational requirements

4

A 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.

Institutions with a religious ethos

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—

(a) it gives preference to persons of a particular religion or belief,

(b) it does so to preserve the institution's religious ethos, and

(2) A Minister of the Crown may by order designate an institution if satisfied that the institution has a religious ethos.

Benefits dependent on marital status, etc.

6

A 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.

Child care

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.

(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.

SCHEDULE 13 — Education: reasonable adjustments

Preliminary

1

This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part.

The duty for schools

2

(1) This paragraph applies where A is the responsible body of a school to which section 85 applies.

(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.

The duty for further or higher education institutions

3

(1) This paragraph applies where A is the responsible body of an institution to which section 91 applies.

(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;

(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;

(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.

Case	Description 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 courses

5

(1) This paragraph applies where A is the responsible body in relation to a course to which section 92 applies.

(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;

(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.

The duty relating to recreational or training facilities

6

(1) This paragraph applies where A is the responsible body in relation to facilities to which section 93 applies.

(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;

(4) In relation to each requirement, the relevant matter is A's arrangements for providing the recreational or training facilities.

Code of practice

7

In 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.

Confidentiality requests

8

(1) This paragraph applies if a person has made a confidentiality request of which A is aware.

(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 bodies

9

(1) This paragraph applies where A is a qualifications body for the purposes of section 96.

(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).

SCHEDULE 14 — Educational charities and endowments

Educational charities

1

(1) This paragraph applies to a trust deed or other instrument—

(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.

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