SCHEDULES

SCHEDULE 12Further and higher education exceptions

Part 1Single-sex institutions, etc.

Single-sex institutions turning co-educational

2

1

If the responsible body of a single-sex institution decides to alter its admissions arrangements so that the institution will cease to be a single-sex institution, the body may apply for a transitional exemption order in relation to the institution.

2

A transitional exemption order relating to an institution is an order which, during the period specified in the order as the transitional period, authorises—

a

sex discrimination by the responsible body of the institution in the arrangements it makes for deciding who is offered admission as a student;

b

the responsible body, in the circumstances specified in the order, not to admit a person as a student because of the person's sex.

3

Paragraph 3 applies in relation to the making of a transitional exemption order.

4

The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if —

a

in accordance with a transitional exemption order, or

b

pending the determination of an application for a transitional exemption order in relation to the institution,

it does not admit a person as a student because of the person's sex.

5

The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if —

a

in accordance with a transitional exemption order, or

b

pending the determination of an application for a transitional exemption order in relation to the institution,

it discriminates in the arrangements it makes for deciding who is offered admission as a student.

3

1

In the case of a single-sex institution—

a

its responsible body may submit to the Commission an application for the making of a transitional exemption order, and

b

the Commission may make the order.

2

An application under sub-paragraph (1) must specify—

a

the period proposed by the responsible body as the transitional period to be specified in the order,

b

the stages, within that period, by which the body proposes to move to the position where section 91(1)(a) and (c), so far as relating to sex, is complied with, and

c

any other matters relevant to the terms and operation of the order applied for.

3

The Commission must not make an order on an application under sub-paragraph (1) unless satisfied that the terms of the application are reasonable, having regard to—

a

the nature of the institution's premises,

b

the accommodation, equipment and facilities available, and

c

the responsible body's financial resources.