Equality Act 2010

This section has no associated Explanatory Notes

4(1)In the case of a maintained school within the meaning given by section 32 of the Education and Inspections Act 2006, a transitional exemption order may be made in accordance with such provision as is made in regulations under section 21 of that Act (orders made by local authority or adjudicator in relation to schools in England).E+W+S

(2)In the case of a school in Wales maintained by a local authority, a transitional exemption order may be made in accordance with [F1section 82 of, or Part 3 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013] (orders made by Welsh Ministers).

(3)In the case of a school in Scotland managed by an education authority or in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980—

(a)the responsible body may submit to the Scottish Ministers an application for the making of a transitional exemption order, and

(b)the Scottish Ministers may make the order.

(4)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F3Where proposals are made to the Welsh Ministers under section 113A of the Learning and Skills Act 2000 for an alteration in the admissions arrangements of a single-sex school or a school to which paragraph 2 applies—

(a)the making of the proposals is to be treated as an application to the Welsh Ministers for the making of a transitional exemption order, and

(b)the Welsh Ministers may make the order.]

(6)In the case of a school in England or Wales not coming within sub-paragraph (1), (2), (4) or (5) or an independent school in Scotland—

(a)the 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.

(7)An application under sub-paragraph (6) 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 85(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.

(8)The Commission must not make an order on an application under sub-paragraph (6) unless satisfied that the terms of the application are reasonable, having regard to—

(a)the nature of the school's premises,

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

(c)the responsible body's financial resources.

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