SCHEDULES

SCHEDULE 22Statutory provisions

Section 191

Statutory authority

I11

1

A person (P) does not contravene a provision specified in the first column of the table, so far as relating to the protected characteristic specified in the second column in respect of that provision, if P does anything P must do pursuant to a requirement specified in the third column.

Specified provision

Protected characteristic

Requirement

Parts 3 to 7

Age

A requirement of an enactment

Parts 3 to 7 and 12

Disability

A requirement of an enactment

A relevant requirement or condition imposed by virtue of an enactment

Parts 3 to 7

Religion or belief

A requirement of an enactment

A relevant requirement or condition imposed by virtue of an enactment

Section 29(6) and Parts 6 and 7

Sex

A requirement of an enactment

Parts 3, 4, 6 and 7

Sexual orientation

A requirement of an enactment

A relevant requirement or condition imposed by virtue of an enactment

2

A reference in the table to Part 6 does not include a reference to that Part so far as relating to vocational training.

3

In this paragraph a reference to an enactment includes a reference to—

a

a Measure of the General Synod of the Church of England;

b

an enactment passed or made on or after the date on which this Act is passed.

4

In the table, a relevant requirement or condition is a requirement or condition imposed (whether before or after the passing of this Act) by—

a

a Minister of the Crown;

b

a member of the Scottish Executive;

c

the National Assembly for Wales (constituted by the Government of Wales Act 1998);

d

the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

Protection of women

I22

1

A person (P) does not contravene a specified provision only by doing in relation to a woman (W) anything P is required to do to comply with—

a

a pre-1975 Act enactment concerning the protection of women;

b

a relevant statutory provision (within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974) if it is done for the purpose of the protection of W (or a description of women which includes W);

c

a requirement of a provision specified in Schedule 1 to the Employment Act 1989 (provisions concerned with protection of women at work).

2

The references to the protection of women are references to protecting women in relation to—

a

pregnancy or maternity, or

b

any other circumstances giving rise to risks specifically affecting women.

3

It does not matter whether the protection is restricted to women.

4

These are the specified provisions—

a

Part 5 (work);

b

Part 6 (education), so far as relating to vocational training.

5

A pre-1975 Act enactment is an enactment contained in—

a

an Act passed before the Sex Discrimination Act 1975;

b

an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act).

6

If an Act repeals and re-enacts (with or without modification) a pre-1975 enactment then the provision re-enacted must be treated as being in a pre-1975 enactment.

7

For the purposes of sub-paragraph (1)(c), a reference to a provision in Schedule 1 to the Employment Act 1989 includes a reference to a provision for the time being having effect in place of it.

8

This paragraph applies only to the following protected characteristics—

a

pregnancy and maternity;

b

sex.

Educational appointments, etc: religious belief

I33

1

A person does not contravene Part 5 (work) only by doing a relevant act in connection with the employment of another in a relevant position.

2

A relevant position is—

a

the head teacher or principal of an educational establishment;

b

the head, a fellow or other member of the academic staff of a college, or institution in the nature of a college, in a university;

c

a professorship of a university which is a canon professorship or one to which a canonry is annexed.

3

A relevant act is anything it is necessary to do to comply with—

a

a requirement of an instrument relating to the establishment that the head teacher or principal must be a member of a particular religious order;

b

a requirement of an instrument relating to the college or institution that the holder of the position must be a woman;

c

an Act or instrument in accordance with which the professorship is a canon professorship or one to which a canonry is annexed.

4

Sub-paragraph (3)(b) does not apply to an instrument taking effect on or after 16 January 1990 (the day on which section 5(3) of the Employment Act 1989 came into force).

5

A Minister of the Crown may by order provide that anything in sub-paragraphs (1) to (3) does not have effect in relation to—

a

a specified educational establishment or university;

b

a specified description of educational establishments.

6

An educational establishment is—

a

a school within the meaning of the Education Act 1996 or the Education (Scotland) Act 1980;

b

a college, or institution in the nature of a college, in a university;

c

an institution designated by order made, or having effect as if made, under section 129 of the Education Reform Act 1988;

d

a college of further education within the meaning of section 36 of the Further and Higher Education (Scotland) Act 1992;

e

a university in Scotland;

f

an institution designated by order under section 28 of the Further and Higher Education Act 1992 or section 44 of the Further and Higher Education (Scotland) Act 1992.

7

This paragraph does not affect paragraph 2 of Schedule 9.

I44

A person does not contravene this Act only by doing anything which is permitted for the purposes of—

a

section 58(6) or (7) of the School Standards and Framework Act 1998 (dismissal of teachers because of failure to give religious education efficiently);

b

section 60(4) and (5) of that Act (religious considerations relating to certain appointments);

c

section 124A of that Act (preference for certain teachers at independent schools of a religious character).

Crown employment, etc.

I55

1

A person does not contravene this Act—

a

by making or continuing in force rules mentioned in sub-paragraph (2);

b

by publishing, displaying or implementing such rules;

c

by publishing the gist of such rules.

2

The rules are rules restricting to persons of particular birth, nationality, descent or residence—

a

employment in the service of the Crown;

b

employment by a prescribed public body;

c

holding a public office (within the meaning of section 50).

3

The power to make regulations for the purpose of sub-paragraph (2)(b) is exercisable by the Minister for the Civil Service.

4

In this paragraph “public body” means a body (whether corporate or unincorporated) exercising public functions (within the meaning given by section 31(4)).