Office of Public Sector Information
C1Pt. III (ss. 17-27) applied (1.9.1999) by 1998 c. 31, ss. 24, Sch. 4 para. 8(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
[F2(1)]It is unlawful, in relation to an educational establishment falling within column 1 of the following table, for a person indicated in relation to the establishment in column 2 (the “responsible body") to discriminate against a person—
(a)in the terms on which it offers to admit him to the establishment as a pupil; or
(b)by refusing or deliberately omitting to accept an application for his admission to the establishment as a pupil; or
(c)where he is a pupil of the establishment—
(i)in the way it affords him access to any benefits, facilities or services, or by refusing or deliberately omitting to afford him access to them; or
(ii)by excluding him from the establishment or subjecting him to any other detriment.
Table
| Establishment | Responsible body |
|---|---|
| ENGLAND AND WALES | |
| 1. Educational establishment maintained by a local education authority. | Local education authority or [F3managers or][F4governing body], according to which of them has the function in question. |
| 2. Independent school not being a special school. | Proprietor. |
| 3. Special school not maintained by a local education authority. | Proprietor. |
| F5. . . | F5. . .. |
| [F63B. Institution within the further education sector (within the meaning of section 91(3) of the further and Higher Education Act 1992).] | [F6Governing body] |
| 4. University. | Governing body. |
| [ F74A. Institution , other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992).] | [ F7Governing body.] |
| 5. Establishment (not falling within paragraphs 1 [F8to 4A]) providing full-time or part-time education, being an establishment designated under section 24(1) of the Sex Discrimination Act 1975 for the purposes of paragraph 5 of the corresponding table in section 22 of that Act. | Governing body. |
| SCOTLAND | |
| 6. Educational establishment managed by an education authority. | Education authority. |
| 7. Educational establishment in respect of which the managers are for the time being receiving grants under section [F9 [F1073 ( d) ]of the Education (Scotland) Act 1980 ]. | Managers of the educational establishment. |
| [F117AA. A grant aided school, within the meaning of section 135 of the Education (Scotland) Act 1980.] | [ F11The managers of the school.] |
| [F127A. Self-governing school.] | [F12Board of management. |
| [F137B. College of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management.] | [F13Board of management.] |
| [F147C. Designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992.] | [F14Governing body.] |
| 8. University | Governing body. |
| 9. Independent school. | Proprietor. |
| 10. Any other educational establishment (not falling within paragraphs 6, 7 and 9) providing full or part-time school education or further education. | Managers of the educational establishment. |
[F15(2)It is unlawful for a responsible body, in relation to an establishment falling within column 1 of the table in subsection (1), to subject to harassment—
(a)a person who applies for admission to the establishment as a pupil; or
(b)a pupil at the establishment.]]
F1S. 17: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(1)
F2S. 17 renumbered (19.7.2003) as s. 17(1) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(2)
F3Words repealed (E.W.) by Education Act 1980 (c. 20, SIF 41:1), Sch. 1 para. 28
F4Words in s. 17 Table substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 7 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F5Words in s. 17 Table repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F6S. 17 Table para. 3B inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(1)(2); S.I. 1992/831, art. 2, Sch. 1.
F7S. 17 Table para. 4A substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(3); S.I. 1992/831, art. 2, Sch. 1.
F8Words in s. 17 Table para. 5 substituted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 85(4); S.I. 1992/831, art. 2, Sch. 1.
F9Words substituted by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 3 para. 12
F10Words in para. 7 of Table in s. 17 substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 1(a) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F11Para. 7AA of Table in s. 17 inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 1(b) (with s. 10(5)); S.I. 2001/566, art. 2(1)
F12Para. 7A of Table in s. 17 repealed (S.) (31.12.2004) by 2000 asp. 6, ss. 60(2), 61(2), Sch. 3; S.S.I. 2004/528, art. 2
F13S. 17 Table para. 7B inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(2)(a); S.I. 1992/817, art. 3(2), Sch. 1.
F14S. 17 Table para. 7C inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 5(2)(b); S.I. 1992/817, art. 3(2), Sch. 1.
F15S. 17(2) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 18(2)
C1S. 17 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I
S. 17 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I
For the purposes of section 17, “pupil" includes, in England and Wales, any person who receives education at a school or institution to which that section applies.]
F1S. 17A inserted (1.8.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para.86; S.I. 1992/831, art. 2, Sch.4.
(1)It is unlawful for a local education authority, in carrying out such of its functions under [F2the Education Acts]as do not fall under section 17, to do any act which constitutes racial discrimination [F3or harassment] .
(2)It is unlawful for an education authority, in carrying out such of its functions under [F4the Education (Scotland) [F5Act 1980]] as do not fall under section 17, to do any act which constitutes racial discrimination [F3or harassment .
F1S. 18: word in heading inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(1)
F2Words in s. 18(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 39 (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 39)
F3Words in s. 18 inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)
F4Words substituted by Education Act 1980 (c. 20, SIF 41:1), s. 33(2)
F5Words substituted (S.) by Education (Scotland) Act 1980 (c. 44, SIF 41:2), Sch. 4 para. 13
It is unlawful for [F3the Learning and Skills Council for England, F4. . . ] the Higher Education Funding Council for England or the Higher Education Funding Council for Wales in carrying out their functions under [F5the Education Acts][F6and the Learning and Skills Act 2000], to do any act which constitutes racial discrimination [F7or harassment] .]
F1S. 18A inserted (6.5.1992) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 87; S.I. 1992/831, art. 2, Sch. 1.
F2S. 18A: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(2)
F3Words in s. 18A substituted (28.7.2000 for specified purposes and 1.4.2001 otherwise so far as relating to England and Wales) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 9(a); S.I. 2001/654, art. 2(2), Sch. Pt. II (subject to savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (subject to savings and transitional provisions in art. 3)
F4Words in s. 18A omitted (W.) (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 9(1), Sch. 1 para. 7 (with transitional provisions in art. 7)
F5Words in s. 18A substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 40 (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 39)
F6Words in s. 18A inserted (28.7.2000 for specified purposes and 1.4.2001 otherwise so far as relating to England and Wales) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 9(b); S.I. 2001/654, art. 2(2), Sch. Pt. II (subject to savings and transitional provisions in art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (subject to savings and transitional provisions in art.3)
F7Words in s. 18A inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 18B: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(2)
F2S. 18B repealed (S.) (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), s. 32, Sch. 3 para. 4(a); S.S.I. 2005/419, art. 2(1)
It is unlawful for the Scottish Further and Higher Education Funding Council in carrying out any of its functions to do any act which constitutes racial discrimination or harassment.]
F1S. 18BA inserted (3.10.2005) by The Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005 (S.I. 2005/2077), art. 5(a)
F1S. 18C repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
It is unlawful for the [F2Training and Development Agency for Schools in carrying out their functions under [F4any enactment] to do any act which constitutes racial discrimination [F5or harassment] .]
F1S. 18D: words in heading omitted (19.7.2003) by virtue of The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(2)
F2Words in s. 18D substituted (1.9.2005) by Education Act 2005 (c. 18), s. 98, Sch. 14 para. 7(a)
F3S. 18D inserted (21.9.1994) by 1994 c. 30, s. 24, Sch. 2 para. 6(3); S.I. 1994/2204, art. 2(1)
F4Words in s. 18D substituted (1.9.2005) by Education Act 2005 (c. 18), s. 98, Sch. 14 para. 7(b)
F5Words in s. 18D inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 19(3)
F1S. 19 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F1S. 19ZA repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)
F1S. 19A inserted by Housing and Planning Act 1986 (c. 63, SIF 106:1), s. 55
(1)It is unlawful for a planning authority to discriminate against a person in carrying out their planning functions.
(2)In this section “planning authority"means—
(a)in England and Wales, a county [F1county borough,], district or London borough council [F2the Broads Authority [F3a National Park authority or]], a joint planning board F4. . . and
(b)in Scotland, a planning authority or regional planning authority,
and includes an urban development corporation and a body having functions (whether as an enterprise zone authority or a body invited to prepare a scheme) under Schedule 32 to the Local Government, Planning and Land Act 1980.
(3)In this section “planning functions"means—
(a)in England and Wales, functions under [F5the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Hazardous Substances) Act 1990]and such other functions as may be prescribed, and
(b)in Scotland, functions under [F6the Town and Country Planning (Scotland) Act 1997, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and the Planning (Hazardous Substances) (Scotland) Act 1997] or Part IX of the Local Government (Scotland) Act 1973, and such other functions as may be prescribed,
and includes, in relation to an urban development corporation, planning functions under Part XVI of the Local Government, Planning and Land Act 1980 and, in relation to an enterprise zone authority or body invited to prepare an enterprise zone scheme, functions under Part XVIII of that Act.]
F1Words in s. 19A(2)(a) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 52 (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1) 23(2)); S.I. 1996/396, art. 4, Sch. 2
F2Words inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5)(6), 23(2), Sch. 3 para. 29, Sch. 7
F3Words in s. 19A(2)(a) inserted (E.W.) (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 15(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F4Words in s. 19A(2)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.
F5Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 36
F6Words in s. 19A(3)(b) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 26 (with s. 5, Sch. 3)
C1S. 19A(3): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch.1
F1Ss. 19B-19F and cross-heading inserted (26.3.2001 for specified purposes otherwise 2.4.2001) by 2000 c. 34, s. 1 (with s. 10(5)); S.I. 2001/566, art. 2(1)(2)
(1)It is unlawful for a public authority in carrying out any functions of the authority to do any act which constitutes discrimination.
[F3(1A)It is unlawful for a public authority to subject a person to harassment in the course of carrying out any functions of the authority which consist of the provision of—
(a)any form of social security;
(b)healthcare;
(c)any other form of social protection; or
(d)any form of social advantage,
which does not fall within section 20.]
(2)In this section “public authority"—
(a)includes any person certain of whose functions are functions of a public nature; but
(b)does not include any person mentioned in subsection (3).
Race Relations Act 1976