Section 87 — Equality Act 2010: Application of enforcement powers under education legislation

Application of enforcement powers under education legislation 87 A1 Subsections (1) and (2) do not apply in the case of a school in Wales.

1 Sections 496 and 497 of the Education Act 1996 (powers to give directions where responsible body of school in default of obligations, etc.) and section 70 of the Education (Scotland) Act 1980 apply to the performance of a duty under section 85.

2 But neither of sections 496 and 497 of the Education Act 1996 applies to the performance of a duty under that section by the proprietor of an independent educational institution (other than a special school) or an alternative provision Academy that is not an independent educational institution ; and section 70 of the Education (Scotland) Act 1980 does not apply to the performance of a duty under that section by the proprietor of an independent school .

3 In the case of a school in Wales—

a Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“ the 2013 Act ”) (intervention in conduct of maintained schools) applies to the performance of a duty under section 85, but as if—

i the only relevant grounds for intervention were grounds 5 and 6 in section 2 of that Act, and ii sections 3 to 9 and 12 to 16 of that Act did not apply;

b Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) applies to the performance of a duty under section 85, but as if—

i the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act, and ii sections 24 to 27 of that Act did not apply.

4 But neither of Chapters 1 and 2 of Part 2 of the 2013 Act applies to the performance of a duty under section 85 by the proprietor of an independent educational institution (other than a special school).