Equality Act 2010

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

(c) any other matters relevant to the terms and operation of the order applied for.

(3) The Commission must not make an order on an application under sub-paragraph (1) unless satisfied that the terms of the application are reasonable, having regard to—

(a) the nature of the institution’s premises,

(b) the accommodation, equipment and facilities available, and

(c) the responsible body’s financial resources.