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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under section 2(2) of the European Communities Act 1972 (c.68). They amend the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660) and the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661) (together “the 2003 Regulations”). The 2003 Regulations implemented Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303 2.12.2000, p.16).

The amendments made by these Regulations affect only the parts of the 2003 Regulations which deal with unlawful discrimination by qualifications bodies and providers of vocational training.

Regulation 3 makes amendments to the Employment Equality (Sexual Orientation) Regulations 2003, and Regulation 4 makes identical amendments to the Employment Equality (Religion or Belief) Regulations 2003.

Regulations 3(2) and 4(2) insert into the 2003 Regulations a definition of “proprietor” in relation to schools.

Regulations 3(3) and (5), and 4(3) and (5) amend references to schools and educational establishments in the 2003 Regulations so that the references are to the proprietor of a school, and to the governing body of an educational establishment.

Regulations 3(4) and 4(4) amend Regulation 17 (Providers of vocational training) in each of the 2003 Regulations by:

(i) adding a new provision making it unlawful for a training provider to discriminate in the arrangements he makes in determining to whom he should offer training;

(ii) substituting a new definition of “training”;

(iii) amending, in the definition of “training provider”, the references to a school and to educational establishments which are institutions of further and higher education to which Regulation 20 of the 2003 Regulations applies. The 2003 Regulations excluded schools and such educational establishments from this definition. The amended references maintain the exclusion for schools and these educational establishments in relation to registered pupils or students, but include schools and educational establishments where a person is undertaking practical work experience provided by a school or such an educational establishment; and

(iv) adding a definition of “registered pupil”.

A Regulatory Impact Assessment has not been prepared for this Instrument as it has no impact on business.