[F128F Duty of education authorities not to discriminateE+W+S
(1)This section applies to—
(a)the functions of a [F2local authority] under the Education Acts; and
(b)the functions of an education authority under—
(i)the Education (Scotland) Act 1980;
(ii)the Education (Scotland) Act 1996; F3. . .
(iii)the Standards in Scotland’s Schools etc. Act 2000[F4; and
(iv)the Education (Additional Support for Learning) (Scotland) Act 2004 F5.]
(2)But it does not apply to any prescribed function.
(3)In discharging a function to which this section applies, it is unlawful for the authority to discriminate against—
(a)a disabled pupil; or
(b)a disabled person who may be admitted to a school as a pupil.
(4)But an act done in the discharge of a function to which this section applies is unlawful as a result of subsection (3) only if no other provision of this Chapter makes that act unlawful.
(5)In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.
[F6(6)In this section and section 28G, “local authority” has the meaning given by section 579(1) of the Education Act 1996.]
(7)“The Education Acts” has the meaning given in section 578 of the Education Act 1996.
(8)In this section and section 28G, “education authority” has the meaning given in section 135(1) of the Education (Scotland) Act 1980.]
Textual Amendments
F1S. 28F inserted (E.W.S) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1
F2Words in s. 28F(1)(a) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 40(5)(a)
F3Word preceding s. 28F(1)(b)(iii) omitted (30.6.2005) by virtue of The Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications) Order (S.I. 2005/1791), {art. 2(a)}
F4S. 28F(1)(b)(iv) and preceding word inserted (30.6.2005) by The Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications) Order (S.I. 2005/1791), {art. 2(b)}