Part 6Education

Chapter 2Further and higher education

92Further and higher education courses

1

The responsible body in relation to a course to which this section applies must not discriminate against a person—

a

in the arrangements it makes for deciding who is enrolled on the course;

b

as to the terms on which it offers to enrol the person on the course;

c

by not accepting the person's application for enrolment.

2

The responsible body in relation to such a course must not discriminate against a person who is enrolled on the course in the services it provides or offers to provide.

3

The responsible body in relation to such a course must not harass a person who—

a

seeks enrolment on the course;

b

is enrolled on the course;

c

is a user of services provided by the body in relation to the course.

4

The responsible body in relation to such a course must not victimise a person—

a

in the arrangements it makes for deciding who is enrolled on the course;

b

as to the terms on which it offers to enrol the person on the course;

c

by not accepting the person's application for enrolment.

5

The responsible body in relation to such a course must not victimise a person who is enrolled on the course in the services it provides or offers to provide.

6

A duty to make reasonable adjustments applies to the responsible body.

7

This section applies to—

a

a course of further or higher education secured by a responsible body in England or Wales;

b

a course of education provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998;

c

a course of further education secured by an education authority in Scotland.

8

A responsible body is—

a

a local authority in England or Wales, for the purposes of subsection (7)(a);

b

the governing body of a maintained school, for the purposes of subsection (7)(b);

c

an education authority in Scotland, for the purposes of subsection (7)(c).

9

In this section—

  • “course”, in relation to further education, includes each component part of a course if there is no requirement imposed on persons registered for a component part of the course to register for another component part of the course;

  • “enrolment” includes registration for a component part of a course;

  • “maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998;

  • “services” means services of any description which are provided wholly or mainly for persons enrolled on a course to which this section applies.