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Part IVE+W+S Education

Modifications etc. (not altering text)

C1Pt. 4: power to amend or repeal Pt. 4 conferred (W.) (prosp.) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26

Chapter 2AE+W+SGeneral Qualifications Bodies

31AAGeneral qualifications bodies: discrimination and harassmentE+W+S

(1)It is unlawful for a general qualifications body to discriminate against a disabled person—

(a)in the arrangements which it makes for the purpose of determining upon whom to confer a relevant qualification;

(b)in the terms on which it is prepared to confer a relevant qualification on him;

(c)by refusing or deliberately omitting to grant any application by him for such a qualification; or

(d)by withdrawing such a qualification from him or varying the terms on which he holds it.

(2)It is also unlawful for a general qualifications body, in relation to a relevant qualification conferred by it, to subject to harassment a disabled person who holds or applies for such a qualification.

(3)In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

(4)In this section and section 31AD, “relevant qualification” means an authorisation, qualification, approval or certification of a prescribed description.

(5)But an authorisation, qualification, approval or certification may not be prescribed under subsection (4) if it is a professional or trade qualification (within the meaning given by section 14A(5)).

(6)In this Chapter—

(a)“general qualifications body” means any authority or body which can confer a relevant qualification, but it does not include—

(i)a responsible body (within the meaning of Chapter 1 or 2 of this Part),

(ii)a local education authority in England or Wales,

(iii)an education authority (within the meaning of section 135(1) of the Education (Scotland) Act 1980), or

(iv)an authority or body of a prescribed description or in prescribed circumstances;

(b)references (however expressed) to the conferment of a qualification on a person include—

(i)the renewal or extension of a qualification, and

(ii)the authentication of a qualification awarded to him by another person.