Section 92 — Equality Act 2010: Further and higher education courses

Further and higher education courses 92 1 The responsible body in relation to a course to which this section applies must not discriminate against a person—

a in the arrangements it makes for deciding who is enrolled on the course;

b as to the terms on which it offers to enrol the person on the course;

c by not accepting the person's application for enrolment.

2 The responsible body in relation to such a course must not discriminate against a person who is enrolled on the course in the services it provides or offers to provide.

3 The responsible body in relation to such a course must not harass a person who—

a seeks enrolment on the course;

b is enrolled on the course;

c is a user of services provided by the body in relation to the course.

4 The responsible body in relation to such a course must not victimise a person—

a in the arrangements it makes for deciding who is enrolled on the course;

b as to the terms on which it offers to enrol the person on the course;

c by not accepting the person's application for enrolment.

5 The responsible body in relation to such a course must not victimise a person who is enrolled on the course in the services it provides or offers to provide.

6 A duty to make reasonable adjustments applies to the responsible body.

7 This section applies to—

a a course of further or higher education secured by a responsible body in England or Wales;

b a course of education provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998;

c a course of further education secured by an education authority in Scotland.

8 A responsible body is—

a a local authority in England or Wales, for the purposes of subsection (7)(a);

b the governing body of a maintained school, for the purposes of subsection (7)(b);

c an education authority in Scotland, for the purposes of subsection (7)(c).

9 In this section— “ course ”, in relation to further education, includes each component part of a course if there is no requirement imposed on persons registered for a component part of the course to register for another component part of the course; “ enrolment ” includes registration for a component part of a course; “ maintained school ” has the meaning given in section 20(7) of the School Standards and Framework Act 1998; “ services ” means services of any description which are provided wholly or mainly for persons enrolled on a course to which this section applies.