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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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(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 endowments

2

(1) This paragraph applies to an educational endowment—

(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.

SCHEDULE 15 — Associations: reasonable adjustments

Preliminary

1

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

The duty

2

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

(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

(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;

(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.

SCHEDULE 16 — Associations: exceptions

Single characteristic associations

1

(1) An association does not contravene section 101(1) by restricting membership to persons who share a protected characteristic.

(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.

Age

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—

(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 safety

2

(1) An association (A) does not discriminate against a pregnant woman in contravention of section 101(1)(b) because she is pregnant if—

(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,

(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.

SCHEDULE 17 — Disabled pupils: enforcement

Part 1 — Introductory

1

In this Schedule—

“the Tribunal” means—in relation to a school in England, the First-tier Tribunal;in relation to a school in Wales, the Education Tribunal for Wales;in relation to a school in Scotland, the First-tier Tribunal for Scotland;

“the English Tribunal” means the First-tier Tribunal;

“the Welsh Tribunal” means the Education Tribunal for Wales;

“the Scottish Tribunal” means the First-tier Tribunal for Scotland;

“responsible body” is to be construed in accordance with section 85.

Part 2 — Tribunals in England and Wales

Introductory

2

This Part of this Schedule applies in relation to the English Tribunal and the Welsh Tribunal.

Jurisdiction — England ...

3

A claim that a responsible body in England has contravened Chapter 1 of Part 6 because of a person's disability may be made —

(a) to the English Tribunal by the person's parent or, if the person is over compulsory school age, the person;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdiction — Wales

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—

(a) the person (including a child not over compulsory school age), or

(b) if the person is a child not over compulsory school age, the person's parent.

(2) But this paragraph does not apply to a claim to which paragraph 13 or 14 applies.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The exercise of rights under this paragraph is subject to provision made by regulations under paragraphs 6 and 6A(7).

Time for bringing proceedings

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.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ... 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;

(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.

Powers

5

(1) This paragraph applies if the Tribunal finds that the contravention has occurred.

(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.

Procedure

6

(1) This paragraph applies in relation to the Welsh Tribunal.

(2) The Welsh Ministers may by regulations make provision as to—

(a) the proceedings on a claim under paragraph ... 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);

(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) Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

(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.

Appeals from the Welsh Tribunal

6AA

(1) A party to any proceedings on a claim under paragraph (3A) before the Welsh Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the Welsh Tribunal in those proceedings.

(2) An appeal may be brought under sub-paragraph (1) only if, on an application made by the party concerned, the Welsh Tribunal or the Upper Tribunal has given its permission.

(3) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (proceedings on appeal to the Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this paragraph as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Welsh Tribunal.

Case friends — Wales

6A

(1) This paragraph applies to a child not over compulsory school age who⁠—

(a) has the right to make a claim under paragraph 3A, and

(b) lacks the capacity to understand what it means to exercise that right.

(2) The Education Tribunal for Wales may by order—

(a) appoint a person to be a case friend for a child to whom this section applies, or

(b) remove the person from being a case friend for the child,

on the application of any person or on its own initiative, subject to provision in regulations under sub-paragraph (7).

(3) A case friend appointed for a child under this paragraph may—

(a) represent and support the child, and

(b) take decisions and act on behalf of the child,

in respect of matters arising under or by virtue of this Schedule, subject to provision in regulations under sub-paragraph (7).

(4) Where a person is appointed to be a case friend by order of the Tribunal under this paragraph, the right of a child to make a claim under paragraph 3A is to be exercised by the case friend on behalf of the child.

(5) A case friend appointed under this paragraph must—

(a) act fairly and competently,

(b) not have any interest adverse to that of the child,

(d) take account of the child's views, so far as possible.

(6) In deciding whether to appoint a person to be a case friend, or to remove a person from being a case friend, the Tribunal must have regard, in particular, to whether the person is likely to comply (in the case of appointment) or has complied (in the case of removal) with the duty in sub-paragraph (5).

(7) The Welsh Ministers may by regulations make further provision about case friends, including (among other things) provision—

(a) conferring functions on the Education Tribunal for Wales;

(b) conferring functions on case friends;

(d) specifying the circumstances in which a person may or may not act as a case friend;

(e) specifying the circumstances in which a child must have a case friend;

(f) specifying requirements in respect of the conduct of case friends;

(g) applying any enactment with or without modifications for the purpose of enabling a case friend to make decisions or act on behalf of a child in respect of matters arising under or by virtue of this Schedule.

Advice and information — Wales

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.

(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,

(d) such other persons as it considers appropriate.

Resolution of disputes — Wales

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.

(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,

(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.

Independent advocacy services — Wales

6D

(1) Every local authority in Wales must—

(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

(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,

(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.

Power of direction — Wales

6E

(1) If the Welsh Ministers are satisfied (whether on a complaint or otherwise) that a local authority—

(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.

Capacity of parents and persons over compulsory school age - Wales

6F

(1) The Welsh Ministers must make regulations for the purpose of 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 in a case to which sub-paragraph (2) or (3) applies.

(2) This sub-paragraph applies where the person is a child not over compulsory school age and the parent of the person lacks capacity at the relevant time.

(3) This sub-paragraph applies where the person is over compulsory school age and lacks capacity at the relevant time.

(4) Regulations under sub-paragraph (1) may include provision applying any enactment with modifications, including (for example) provision for modifications to have effect despite section 27(1)(g) of the Mental Capacity Act 2005 (c. 9) (which does not permit decisions on discharging parental responsibilities in matters not relating to a child's property to be made on a person's behalf).

(5) In this paragraph “the relevant time” means the time at which, under this Act, something is required or permitted to be done by or in relation to a parent or a person over compulsory school age.

(6) The reference in this paragraph to lacking capacity is to lacking capacity within the meaning of the Mental Capacity Act 2005.

(7) “Representative”, in relation to a parent or a person over compulsory school age, means—

(a) a deputy appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 to make decisions on the parent's or person's behalf in relation to matters within this Schedule;

(b) the donee of a lasting power of attorney (within the meaning of section 9 of that Act) appointed by the parent or person to make decisions on his or her behalf in relation to matters within this Schedule;

(c) an attorney in whom an enduring power of attorney (within the meaning of Schedule 4 to that Act) created by the parent or person is vested, where the power of attorney is registered in accordance with paragraphs 4 and 13 of that Schedule or an application for registration of the power of attorney has been made.

Part 3 — Tribunals in Scotland

Introductory

7

This Part of this Schedule applies in relation to the Scottish Tribunal.

Jurisdiction

8

A 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—

(a) the person's parent;

(b) where the person has capacity to make the claim, the person.

Powers

9

(1) This paragraph applies if the Tribunal finds the contravention has occurred.

(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.

Procedure etc.

10

(1) The Scottish Ministers may make rules as to—

(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;

(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.

Appeals

11

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

Amendment of Education (Additional Support for Learning) (Scotland) Act 2004

12

The Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) is amended as follows—

(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 ”.

Part 4 — Admissions and exclusions

Admissions

13

(1) This paragraph applies if appeal arrangements have been made in relation to admissions decisions.

(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

(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 Academy school or an alternative provision Academy taken by the responsible body or on its behalf.

Exclusions : Wales

14

(1) This paragraph applies if appeal arrangements have been made in relation to exclusion decisions that are made in relation to schools in Wales.

(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.

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

SCHEDULE 18 — Public sector equality duty: exceptions

Children

1

(1) Section 149, so far as relating to age, does not apply to the exercise of a function relating to—

(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.

Immigration

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—

(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,

(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) anything which forms part of assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and (in either case) relates to the subject matter of an enactment within paragraphs (a) to (g).

Judicial functions, etc.

3

(1) Section 149 does not apply to the exercise of—

(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)

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—

(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;

(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 Schedule

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.

(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);

SCHEDULE 19 — Public authorities

Part 1 — Public authorities: general

Ministers of the Crown and government departments

A Minister of the Crown.

A government department other than the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.

Advocates for victims of major incidents

An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.

Armed forces

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.

Armed Forces Commissioner.

Service Police Complaints Commissioner.

Broadcasting

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— is a wholly owned subsidiary of the BBC , is not operated with a view to generating a profit, and undertakes activities primarily in order to promote the BBC 's public purposes.

The Channel Four Television Corporation, 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), andthe function of carrying on the activities referred to in section 199 of that Act.

S4C (as named 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).

Citizens' rights

The Independent Monitoring Authority for the Citizens' Rights Agreements.

Civil liberties

The Commission for Equality and Human Rights.

The Information Commissioner.

Court services and legal services

The Children and Family Court Advisory and Support Service.

The Judicial Appointments Commission.

The Legal Services Board.

Criminal justice

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 Forensic Science Regulator.

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.

Environment, housing and development

The Homes and Communities Agency.

Natural England.

The Office for Environmental Protection.

NHS England.

An integrated care board established under section 14Z25 of the National Health Service Act 2006.

The Care Quality Commission.

The Commissioner for Patient Safety.

The Health Research Authority.

The Health Service Commissioner for England, in respect of—the Commissioner's functions set out in paragraph 11 of Schedule 1 to the Health Service Commissioners Act 1993; andthe Commissioner's public procurement functions (as defined in section 155(3) of this Act).

The Infected Blood Compensation Authority.

An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

An NHS trust established under section 25 of the National Health Service Act 2006.

A Special Health Authority established under section 28 of that Act other than NHS Blood and Transplant and the NHS Business Services Authority.

The Health Services Safety Investigations Body.

The National Data Guardian for Health and Social Care.

The National Institute for Health and Care Excellence.

Industry, business, finance etc.

The Advanced Research and Invention Agency.

The Advisory, Conciliation and Arbitration Service.

The Bank of England (including the Bank in its capacity as the Prudential Regulation Authority), in respect of its public functions.

The Board of the Pension Protection Fund.

The Civil Aviation Authority.

The Coal Authority.

The Comptroller and Auditor General.

The Construction Industry Training Board.

The Engineering Construction Industry Training Board.

The Financial Conduct Authority.

The Financial Reporting Council Limited.

The Independent System Operator and Planner designated in accordance with section 162 of the Energy Act 2023 (c. 52).

The Money and Pensions Service.

The National Audit Office.

The Nuclear Decommissioning Authority.

The Office for Budget Responsibility.

The Office of Communications.

The Oil and Gas Authority.

The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.

The Trade Remedies Authority.

United Kingdom Research and Innovation.

Local government

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.

The London Fire Commissioner,

Transport for London.

A 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.

A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in England.

A fire and rescue authority created by an order under section 4A of that Act.

An internal drainage board which is continued in being by virtue of section 1 of the Land Drainage Act 1991 for an area in England.

A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in England.

A Passenger Transport Executive for an integrated transport area in England (within the meaning of Part 2 of the Transport Act 1968).

A port health authority constituted by an order under section 2 of the Public Health (Control of Disease) Act 1984 for an area in England.

A waste disposal authority established by virtue of an order under section 10(1) of the Local Government Act 1985.

A joint authority established under Part 4 of that Act for an area in England (including, by virtue of section 77(9) of the Local Transport Act 2008, an Integrated Transport Authority established under Part 5 of that Act of 2008).

A sub-national transport body established under section 102E of the Local Transport Act 2008.

A body corporate established pursuant to an order under section 67 of the Local Government Act 1985.

A joint committee constituted in accordance with section 102(1)(b) of the Local Government Act 1972 for an area in England.

A joint board which is continued in being by virtue of section 263(1) of that Act for an area in England.

A Local Commissioner in England as defined by section 23(3) of the Local Government Act 1974, in respect of—the Commissioner's functions under sections 29(6A) and 34G(6) of that Act, and section 210(5) of the Apprenticeships, Skills, Children and Learning Act 2009; andthe Commissioner's public procurement functions (as defined in section 155(3) of this Act).

A combined authority established by an order made under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009.

A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

An economic prosperity board established by an order made under section 88(1) of the Local Democracy, Economic Development and Construction Act 2009.

An urban development corporation established by an order made under section 135 of the Local Government, Planning and Land Act 1980.

Other educational bodies

The governing body of an educational establishment maintained by an English local authority (within the meaning of section 162 of the Education and Inspections Act 2006).

The governing body of an institution in England within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).

The governing body of an institution in England within the higher education sector (within the meaning of section 91(5) of that Act).

A local authority with respect to the pupil referral units it establishes and maintains by virtue of section 19 or 19A of the Education Act 1996.

The National Citizen Service Trust.

The Office for Students.

The proprietor of a City Technology College, a City College for Technology of the Arts, or an Academy.

Parliamentary and devolved bodies

The National Assembly for Wales Commission (Comisiwn Cynulliad Cenedlaethol Cymru).

The Parliamentary Commissioner for Administration, in respect of—the Commissioner's functions set out in section 3(1) and (1A) of the Parliamentary Commissioner Act 1967; andthe Commissioner's public procurement functions (as defined in section 155(3) of this Act).

The Scottish Parliamentary Corporate Body.

Police

The British Transport Police Force.

A chief constable of a police force maintained under section 2 of the Police Act 1996.

The Chief Inspector of the UK Border Agency.

The Civil Nuclear Police Authority.

The College of Policing.

The Commissioner of Police for the City of London.

The Commissioner of Police of the Metropolis.

The Common Council of the City of London in its capacity as a police authority.

The Director General of the Independent Office for Police Conduct.

The Independent Office for Police Conduct.

A police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.

The Mayor's Office for Policing and Crime established under section 3 of that Act.

A Port Police Force established under an order made under section 14 of the Harbours Act 1964.

The Port Police Force established under Part 10 of the Port of London Act 1968.

A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.

Regulators

The Association of Chartered Certified Accountants, in respect of its public functions.

The Building Safety Regulator

The Chartered Institute of Patent Attorneys, in respect of its public functions.

The Council for Licensed Conveyancers, in respect of its public functions.

The Disclosure and Barring Service.

The Gambling Commission.

The General Chiropractic Council, in respect of its public functions.

The General Council of the Bar, in respect of its public functions.

The General Dental Council, in respect of its public functions.

The General Medical Council, in respect of its public functions.

The General Optical Council, in respect of its public functions.

The General Osteopathic Council, in respect of its public functions.

The General Pharmaceutical Council, in respect of its public functions.

The Health and Safety Executive.

The Health and Care Professions Council, in respect of its public functions.

The Office for Nuclear Regulation.

The Independent Football Regulator.

The Independent Monitor appointed under section 119B of the Police Act 1997.

The Insolvency Practitioners Association, in respect of its public functions.

The Institute of Chartered Accountants in England and Wales, in respect of its public functions.

The Institute of Legal Executives, in respect of its public functions.

The Institute of Trade Mark Attorneys, in respect of its public functions.

The Law Society of England and Wales, in respect of its public functions.

The Local Audit Office.

The Nursing and Midwifery Council, in respect of its public functions.

The Office of the Immigration Services Commissioner.

The Pensions Regulator.

The Regulator of Social Housing.

The Security Industry Authority.

Social Work England.

Transport

High Speed Two (HS2) Limited.

A public sector company providing services for the carriage of passengers by railway under a public service contract awarded under section 30 of the Railways Act 1993 (public sector provision of services).

A strategic highways company appointed under section 1 of the Infrastructure Act 2015

Network Rail Limited.

Part 2 — Public authorities: relevant Welsh authorities

Welsh Assembly Government, etc.

The Welsh Ministers.

The First Minister for Wales.

The Counsel General to the Welsh Assembly Government.

A subsidiary of the Welsh Ministers (within the meaning given by section 134(4) of the Government of Wales Act 2006).

National Health Service

A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

An NHS trust established under section 18 of that Act.

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

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

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

Local government

A corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021.

A county council or county borough council in Wales.

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

A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales.

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

A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales.

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

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

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

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

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

Other educational bodies

The Commission for Tertiary Education and Research or Y Comisiwn Addysg Drydyddol ac Ymchwil.

The governing body of an educational establishment maintained by a Welsh local authority (within the meaning of section 162 of the Education and Inspections Act 2006).

The governing body of an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).

The governing body of an institution in Wales within the higher education sector (within the meaning of section 91(5) of that Act).

The General Teaching Council for Wales or Cyngor Addysgu Cyffredinol Cymru.

Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

Qualifications Wales.

Other public authorities

The Welsh Revenue Authority or Awdurdod Cyllid Cymru.

The Auditor General for Wales or Archwilydd Cyffredinol Cymru.

The Citizen Voice Body for Health and Social Care, Wales or Corff Llais y Dinesydd ar gyfer Iechyd a Gofal Cymdeithasol, Cymru.

The Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru.

Social Care Wales or Gofal Cymdeithasol Cymru.

The Arts Council for Wales or Cyngor Celfyddydau Cymru.

The National Museum of Wales or Amgueddfa Genedlaethol Cymru.

The National Library of Wales or Llyfrgell Genedlaethol Cymru.

The Sports Council for Wales or Cyngor Chwaraeon Cymru.

Comisiynydd y Gymraeg (The Welsh Language Commissioner).

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

The Commissioner for Older People in Wales or Comisiynydd Pobl Hŷn Cymru.

The Children's Commissioner for Wales or Comisiynydd Plant Cymru.

The Wales Audit Office or Swyddfa Archwilio Cymru.

Part 3 — Public authorities: relevant Scottish authorities

Scottish Administration

An office-holder in the Scottish Administration (within the meaning given by section 126(7)(a) of the Scotland Act 1998).

National Health Service

A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.

A Special Health Board constituted under that section.

Local government

A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

A community council established under section 51 of the Local Government (Scotland) Act 1973.

A joint board within the meaning of section 235(1) of that Act.

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

A licensing board established under section 5 of the Licensing (Scotland) Act 2005, or continued in being by virtue of that section.

A National Park authority established by a designation order made under section 6 of the National Parks (Scotland) Act 2000.

Scottish Enterprise and Highlands and Islands Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990.

Other educational bodies

An education authority in Scotland (within the meaning of section 135(1) of the Education (Scotland) Act 1980).

The managers of a grant-aided school (within the meaning of that section).

The board of management of a college of further education (within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992).

In the case of such a college of further education not under the management of a board of management, the board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors.

The governing body of an institution within the higher education sector (within the meaning of Part 2 of the Further and Higher Education (Scotland) Act 1992).

Police and Fire

The Scottish Police Authority.

The chief constable of the Police Service of Scotland.

The Scottish Fire and Rescue Service.

The Chief Officer of the Scottish Fire and Rescue Service.

Other bodies and offices added on 6th April 2011

Accounts Commission for Scotland.

Audit Scotland.

Board of Trustees of the National Galleries of Scotland.

Board of Trustees of the National Museums of Scotland.

Board of Trustees of the Royal Botanic Garden, Edinburgh.

Bòrd na Gàidhlig.

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

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

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

Commissioner for Children and Young People in Scotland.

Commission for Ethical Standards in Public Life in Scotland.

The Common Services Agency for the Scottish Health Service.

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

Creative Scotland.

The Crofters Commission.

The General Teaching Council for Scotland.

Healthcare Improvement Scotland

Learning and Teaching Scotland.

The Mental Welfare Commission for Scotland.

The Police Complaints Commissioner for Scotland.

Quality Meat Scotland.

A regional Transport Partnership created by an order under section 1(1) of the Transport (Scotland) Act 2005.

Risk Management Authority.

Royal Commission on the Ancient and Historical Monuments of Scotland.

Scottish Children's Reporter Administration.

Scottish Commission for Human Rights.

The Scottish Criminal Cases Review Commission.

Scottish Environment Protection Agency.

Scottish Further and Higher Education Funding Council.

Scottish Futures Trust Ltd.

Scottish Information Commissioner.

The Scottish Legal Aid Board.

The Scottish Legal Complaints Commission.

Scottish Natural Heritage.

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

Scottish Public Services Ombudsman.

Scottish Qualifications Authority.

The Scottish Road Works Commissioner.

The Scottish Social Services Council.

The Scottish Sports Council.

Scottish Water.

Skills Development Scotland.

Social Care and Social Work Improvement Scotland.

The Standards Commission for Scotland.

The National Library of Scotland.

VisitScotland.

A Water Customer Consultation Panel.

The Water Industry Commission for Scotland.

Other bodies and offices added on 5th March 2012

Children's Hearings Scotland.

The National Convener of Children's Hearings Scotland.

Other bodies added on 1st April 2015

Historic Environment Scotland.

An integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014.

A regional board (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005).

Other body added on 28th June 2018

ILF Scotland.

Other body added on 26th November 2020

The Scottish National Investment Bank p.l.c.

Other office added on 1st December 2020

Scottish Biometrics Commissioner.

Other body added on 23rd December 2021

South of Scotland Enterprise.

Other bodies and offices added on 1st July 2024

Community Justice Scotland

Patient Safety Commissioner for Scotland

Other body added on 1st December 2025

Zero Waste Scotland Limited.

PART 4 — PUBLIC AUTHORITIES: CROSS-BORDER AUTHORITIES

Cross-border Welsh authorities

The Environment Agency – D

The Natural Resources Body for Wales – A

NHS Blood and Transplant – D

The NHS Business Services Authority – D

The Student Loans Company Limited – D

SCHEDULE 20

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

SCHEDULE 21 — Reasonable adjustments: supplementary

Preliminary

1

This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15.

Binding obligations, etc.

2

(1) This paragraph applies if—

(a) a binding obligation requires A to obtain the consent of another person to an alteration of premises which A occupies,

(b) where A is a controller of let premises, a binding obligation requires A to obtain the consent of another person to a variation of a term of the tenancy, or

(c) where A is a responsible person in relation to common parts, a binding obligation requires A to obtain the consent of another person to an alteration of the common parts.

(2) For the purpose of discharging a duty to make reasonable adjustments—

(a) it is always reasonable for A to have to take steps to obtain the consent, but

(b) it is never reasonable for A to have to make the alteration before the consent is obtained.

(3) In this Schedule, a binding obligation is a legally binding obligation in relation to premises, however arising; but the reference to a binding obligation in sub-paragraph (1)(a) or (c) does not include a reference to an obligation imposed by a tenancy.

(4) The steps referred to in sub-paragraph (2)(a) do not include applying to a court or tribunal.

3

(1) This paragraph applies if—

(a) A occupies premises under a tenancy,

(b) A is proposing to make an alteration to the premises so as to comply with a duty to make reasonable adjustments, and

(2) This paragraph also applies if—

(a) A is a responsible person in relation to common parts,

(b) A is proposing to make an alteration to the common parts so as to comply with a duty to make reasonable adjustments,

(d) but for this paragraph, A would not be entitled to make the alteration.

(3) The tenancy has effect as if it provided—

(a) for A to be entitled to make the alteration with the written consent of the landlord,

(b) for A to have to make a written application for that consent,

(d) for the landlord to be able to give the consent subject to reasonable conditions.

(4) If a question arises as to whether A has made the alteration (and, accordingly, complied with a duty to make reasonable adjustments), any constraint attributable to the tenancy must be ignored unless A has applied to the landlord in writing for consent to the alteration.

(5) For the purposes of sub-paragraph (1) or (2), A must be treated as not entitled to make the alteration if the tenancy—

(a) imposes conditions which are to apply if A makes an alteration, or

(b) entitles the landlord to attach conditions to a consent to the alteration.

Proceedings before county court or sheriff

4

(1) This paragraph applies if, in a case within Part 3, 4, 6 or 7 of this Act—

(a) A has applied in writing to the landlord for consent to the alteration, and

(b) the landlord has refused to give consent or has given consent subject to a condition.

(2) A (or a disabled person with an interest in the alteration being made) may refer the matter to the county court or, in Scotland, the sheriff.

(3) The county court or sheriff must determine whether the refusal or condition is unreasonable.

(4) If the county court or sheriff finds that the refusal or condition is unreasonable, the county court or sheriff—

(a) may make such declaration as it thinks appropriate;

(b) may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified).

Joining landlord as party to proceedings

5

(1) This paragraph applies to proceedings relating to a contravention of this Act by virtue of section 20.

(2) A party to the proceedings may request the employment tribunal, county court or sheriff (“the judicial authority”) to direct that the landlord is joined or sisted as a party to the proceedings.

(3) The judicial authority—

(a) must grant the request if it is made before the hearing of the complaint or claim begins;

(b) may refuse the request if it is made after the hearing begins;

(4) If the landlord is joined or sisted as a party to the proceedings, the judicial authority may determine whether—

(a) the landlord has refused to consent to the alteration;

(b) the landlord has consented subject to a condition;

(5) If the judicial authority finds that the refusal or condition was unreasonable, it—

(a) may make such declaration as it thinks appropriate;

(b) may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified);

(6) An employment tribunal may act in reliance on sub-paragraph (5)(c) instead of, or in addition to, acting in reliance on section 124(2); but if it orders the landlord to pay compensation it must not do so in reliance on section 124(2).

(7) If the county court or the sheriff orders the landlord to pay compensation, it may not order A to do so.

Regulations

6

(1) Regulations may make provision as to circumstances in which a landlord is taken for the purposes of this Schedule to have—

(a) withheld consent;

(b) withheld consent reasonably;

(2) Regulations may make provision as to circumstances in which a condition subject to which a landlord gives consent is taken—

(a) to be reasonable;

(b) to be unreasonable.

(3) Regulations may make provision supplementing or modifying the preceding paragraphs of this Schedule, or provision made under this paragraph, in relation to a case where A's tenancy is a sub-tenancy.

(4) Provision made by virtue of this paragraph may amend the preceding paragraphs of this Schedule.

Interpretation

7

An expression used in this Schedule and in Schedule 2, 4, 8, 13 or 15 has the same meaning in this Schedule as in that Schedule.

SCHEDULE 22 — Statutory provisions

Statutory authority

1

(1) A person (P) does not contravene a provision specified in the first column of the table, so far as relating to the protected characteristic specified in the second column in respect of that provision, if P does anything P must do pursuant to a requirement specified in the third column.

Specified provision	Protected characteristic	Requirement
Parts 3 to 7	Age	A requirement of an enactment
Parts 3 to 7 and 12	Disability	A requirement of an enactment
Parts 3 to 7 and 12	Disability	A relevant requirement or condition imposed by virtue of an enactment
Parts 3 to 7	Religion or belief	A requirement of an enactment
Parts 3 to 7	Religion or belief	A relevant requirement or condition imposed by virtue of an enactment
Section 29(6) and Parts 6 and 7	Sex	A requirement of an enactment
Parts 3, 4, 6 and 7	Sexual orientation	A requirement of an enactment
Parts 3, 4, 6 and 7	Sexual orientation	A relevant requirement or condition imposed by virtue of an enactment

(2) A reference in the table to Part 6 does not include a reference to that Part so far as relating to vocational training.

(3) In this paragraph a reference to an enactment includes a reference to—

(a) a Measure of the General Synod of the Church of England;

(b) an enactment passed or made on or after the date on which this Act is passed.

(4) In the table, a relevant requirement or condition is a requirement or condition imposed (whether before or after the passing of this Act) by—

(a) a Minister of the Crown;

(b) a member of the Scottish Executive;

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

Protection of women

2

(1) A person (P) does not contravene a specified provision only by doing in relation to a woman (W) anything P is required to do to comply with—

(a) a pre-1975 Act enactment concerning the protection of women;

(b) a relevant statutory provision (within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974) if it is done for the purpose of the protection of W (or a description of women which includes W);

(c) a requirement of a provision specified in Schedule 1 to the Employment Act 1989 (provisions concerned with protection of women at work).

(2) The references to the protection of women are references to protecting women in relation to—

(a) pregnancy or maternity, or

(b) any other circumstances giving rise to risks specifically affecting women.

(3) It does not matter whether the protection is restricted to women.

(4) These are the specified provisions—

(a) Part 5 (work);

(b) Part 6 (education), so far as relating to vocational training.

(5) A pre-1975 Act enactment is an enactment contained in—

(a) an Act passed before the Sex Discrimination Act 1975;

(b) an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act).

(6) If an Act repeals and re-enacts (with or without modification) a pre-1975 enactment then the provision re-enacted must be treated as being in a pre-1975 enactment.

(7) For the purposes of sub-paragraph (1)(c), a reference to a provision in Schedule 1 to the Employment Act 1989 includes a reference to a provision for the time being having effect in place of it.

(8) This paragraph applies only to the following protected characteristics—

(a) pregnancy and maternity;

(b) sex.

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