SCHEDULES

SCHEDULE 22Statutory provisions

Educational appointments, etc: religious belief

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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.