C1Part 5Work
Chapter 1Employment, etc.
Qualifications
53Qualifications bodies
1
A qualifications body (A) must not discriminate against a person (B)—
a
in the arrangements A makes for deciding upon whom to confer a relevant qualification;
b
as to the terms on which it is prepared to confer a relevant qualification on B;
c
by not conferring a relevant qualification on B.
2
A qualifications body (A) must not discriminate against a person (B) upon whom A has conferred a relevant qualification—
a
by withdrawing the qualification from B;
b
by varying the terms on which B holds the qualification;
c
by subjecting B to any other detriment.
3
A qualifications body must not, in relation to conferment by it of a relevant qualification, harass—
a
a person who holds the qualification, or
b
a person who applies for it.
4
A qualifications body (A) must not victimise a person (B)—
a
in the arrangements A makes for deciding upon whom to confer a relevant qualification;
b
as to the terms on which it is prepared to confer a relevant qualification on B;
c
by not conferring a relevant qualification on B.
5
A qualifications body (A) must not victimise a person (B) upon whom A has conferred a relevant qualification—
a
by withdrawing the qualification from B;
b
by varying the terms on which B holds the qualification;
c
by subjecting B to any other detriment.
6
A duty to make reasonable adjustments applies to a qualifications body.
7
The application by a qualifications body of a competence standard to a disabled person is not disability discrimination unless it is discrimination by virtue of section 19.
54Interpretation
1
This section applies for the purposes of section 53.
2
A qualifications body is an authority or body which can confer a relevant qualification.
3
A relevant qualification is an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular trade or profession.
4
An authority or body is not a qualifications body in so far as—
a
it can confer a qualification to which section 96 applies,
b
it is the responsible body of a school to which section 85 applies,
c
it is the governing body of an institution to which section 91 applies,
d
it exercises functions under the Education Acts, or
e
it exercises functions under the Education (Scotland) Act 1980.
5
A reference to conferring a relevant qualification includes a reference to renewing or extending the conferment of a relevant qualification.
6
A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability.
Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5