18.—(1) It is unlawful, in relation to an educational establishment falling within column 1 of the following table, for a person indicated in relation to the establishment in column 2 (the “responsible body”) to discriminate against a person—
(a)in the terms on which it offers to admit him to the establishment as a pupil; or
(b)by refusing or deliberately omitting to accept an application for his admission to the establishment as a pupil; or
(c)where he is a pupil of the establishment—
(i)in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(ii)by excluding him from the establishment or subjecting him to any other detriment.
| Establishment | Responsible body |
|---|---|
1. Educational establishment which is grant-aided. | [F2 Education Authority] or managers or governing body according to which of them has the function in question. |
2. Independent school. | Proprietor. |
3. University. | Governing body. |
[F34. An establishment providing further education in respect of which grants are paid under Article 5(1)(b) of the Further Education (Northern Ireland) Order 1997] | [F3Governing body.] |
[F45.College of education] | [F4The managers] |
[F1(1A) It is unlawful for a responsible body, in relation to an establishment falling within column 1 of the table in paragraph (1), to subject to harassment—
(a)a person who applies for admission to the establishment as a pupil; or
(b)a pupil at the establishment.]
(2) Subject to paragraph (3), words and expressions used in this Article, Article 19 or Article 20 to which a meaning is assigned by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 have the same meaning as in the 1986 Order.
(3) In this Article “pupil” includes any person who receives education at an establishment to which this Article applies.
F1SR 2003/341
F2Words in art. 18(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 17(1) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)