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- Point in Time (05/05/2010)
- Original (As enacted)
Version Superseded: 01/10/2010
Point in time view as at 05/05/2010.
There are currently no known outstanding effects for the Race Relations Act 1976 (Repealed), Cross Heading: Education.
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[F2(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.
Table
Establishment | Responsible body |
---|---|
ENGLAND AND WALES | |
1. Educational establishment maintained by a [F3local authority]. | [F3local authority] or [F4managers or][F5governing body], according to which of them has the function in question. |
2. Independent school not being a special school. | Proprietor. |
3. Special school not maintained by a [F3local authority]. | Proprietor. |
F6. . . | F6. . .. |
[F73B. Institution within the further education sector (within the meaning of section 91(3) of the further and Higher Education Act 1992).] | [F7Governing body] |
4. University. | Governing body. |
[F84A. Institution , other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992).] | [F8Governing body.] |
5. Establishment (not falling within paragraphs 1 [F9to 4A]) providing full-time or part-time education, being an establishment designated under section 24(1) of the Sex Discrimination Act 1975 for the purposes of paragraph 5 of the corresponding table in section 22 of that Act. | Governing body. |
SCOTLAND | |
6. Educational establishment managed by an education authority. | Education authority. |
7. Educational establishment in respect of which the managers are for the time being receiving grants under section [F10[F1173 (d)]of the Education (Scotland) Act 1980]. | Managers of the educational establishment. |
[F127AA. A grant aided school, within the meaning of section 135 of the Education (Scotland) Act 1980.] | [F12The managers of the school.] |
[F137A. Self-governing school.] | [F13Board of management.] |
[F147B. College of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management.] | [F14Board of management.] |
[F157C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.] | [F15Governing body.] |
8. University | Governing body. |
9. Independent school. | Proprietor. |
10. Any other educational establishment (not falling within paragraphs 6, 7 and 9) providing full or part-time school education or further education. | Managers of the educational establishment. |
[F16(2)It is unlawful for a responsible body, in relation to an establishment falling within column 1 of the table in subsection (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.]
Textual Amendments
F1S. 17: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(1)
F2S. 17 renumbered (19.7.2003) as s. 17(1) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(2)
F3Words in s. 17 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 30(2)
F4Words repealed (E.W.) by Education Act 1980 (c. 20, SIF 41:1), Sch. 1 para. 28
F5Words in s. 17 Table substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 7 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F6Words in s. 17 Table repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F7S. 17 Table para. 3B inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(1)(2); S.I. 1992/831, art. 2, Sch. 1.
F8S. 17 Table para. 4A substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(3); S.I. 1992/831, art. 2, Sch. 1.
F9Words in s. 17 Table para. 5 substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(4); S.I. 1992/831, art. 2, Sch. 1.
F10Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 3 para. 12
F11Words in para. 7 of Table in s. 17 substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 1(a) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F12Para. 7AA of Table in s. 17 inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 1(b) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F13Para. 7A of Table in s. 17 repealed (S.) (31.12.2004) by 2000 asp. 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2
F14S. 17 Table para. 7B inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(2)(a); S.I. 1992/817, art. 3(2), Sch. 1.
F15S. 17 Table para. 7C inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(2)(b); S.I. 1992/817, art. 3(2), Sch. 1.
F16S. 17(2) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(2)
Modifications etc. (not altering text)
C1S. 17 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I
S. 17 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I
For the purposes of section 17, “pupil” includes, in England and Wales, any person who receives education at a school or institution to which that section applies.]
Textual Amendments
F17S. 17A inserted (1.8.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para.86; S.I. 1992/831, art. 2, Sch.4.
(1)It is unlawful for a [F19local authority], in carrying out such of its functions under [F20the Education Acts]as do not fall under section 17, to do any act which constitutes racial discrimination [F21or harassment] .
(2)It is unlawful for an education authority, in carrying out such of its functions under [F22the Education (Scotland) [F23Act 1980]] as do not fall under section 17, to do any act which constitutes racial discrimination [F21or harassment] .
Textual Amendments
F18S. 18: word in heading inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(1)
F19Words in s. 18 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 30(2)
F20Words in s. 18(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 39 (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 39)
F21Words in s. 18 inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)
F22Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 33(2)
F23Words substituted (S.) by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 13
It is unlawful for [F26the [F27Young People's Learning Agency for England, the Chief Executive of Skills Funding], ] the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under [F28the Education Acts]. . . to do any act which constitutes racial discrimination [F29or harassment] .]
Textual Amendments
F24S. 18A inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 87; S.I. 1992/831, art. 2, Sch. 1.
F25S. 18A title substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 10(c) (with art. 2(3))
F26Words in s. 18A substituted (28.7.2000 for specified purposes and 1.4.2001 otherwise so far as relating to England and Wales) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 9(a); S.I. 2001/654, art. 2(2), Sch. Pt. II (subject to savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (subject to savings and transitional provisions in art. 3)
F27Words in s. 18A substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 10(a) (with art. 2(3))
F28Words in s. 18A substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 40 (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 39)
F29Words in s. 18A inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30S. 18B: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(2)
F31S. 18B repealed (S.) (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 32, Sch. 3 para. 4(a); S.S.I. 2005/419, art. 2(1)
It is unlawful for the Scottish Further and Higher Education Funding Council in carrying out any of its functions to do any act which constitutes racial discrimination or harassment.]
Textual Amendments
Textual Amendments
F33S. 18C repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
It is unlawful for the [F35Training and Development Agency for Schools] in carrying out their functions under [F37any enactment] to do any act which constitutes racial discrimination [F38or harassment] .]
Textual Amendments
F34S. 18D: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(2)
F35Words in s. 18D substituted (1.9.2005) by Education Act 2005 (c. 18), s. 98, Sch. 14 para. 7(a)
F36S. 18D inserted (21.9.1994) by 1994 c. 30, s. 24, Sch. 2 para. 6(3); S.I. 1994/2204, art. 2(1)
F37Words in s. 18D substituted (1.9.2005) by Education Act 2005 (c. 18), s. 98, Sch. 14 para. 7(b)
F38Words in s. 18D inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)
Textual Amendments
F39S. 19 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)
Textual Amendments
F40S. 19ZA repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)
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