(1)The responsible body of a school to which this section applies must not discriminate against a person—
(a)in the arrangements it makes for deciding who is offered admission as a pupil;
(b)as to the terms on which it offers to admit the person as a pupil;
(c)by not admitting the person as a pupil.
(2)The responsible body of such a school must not discriminate against a pupil—
(a)in the way it provides education for the pupil;
(b)in the way it affords the pupil access to a benefit, facility or service;
(c)by not providing education for the pupil;
(d)by not affording the pupil access to a benefit, facility or service;
(e)by excluding the pupil from the school;
(f)by subjecting the pupil to any other detriment.
(3)The responsible body of such a school must not harass—
(a)a pupil;
(b)a person who has applied for admission as a pupil.
(4)The responsible body of such a school must not victimise a person—
(a)in the arrangements it makes for deciding who is offered admission as a pupil;
(b)as to the terms on which it offers to admit the person as a pupil;
(c)by not admitting the person as a pupil.
(5)The responsible body of such a school must not victimise a pupil—
(a)in the way it provides education for the pupil;
(b)in the way it affords the pupil access to a benefit, facility or service;
(c)by not providing education for the pupil;
(d)by not affording the pupil access to a benefit, facility or service;
(e)by excluding the pupil from the school;
(f)by subjecting the pupil to any other detriment.
(6)A duty to make reasonable adjustments applies to the responsible body of such a school.
(7)In relation to England and Wales, this section applies to—
(a)a school maintained by a local authority;
(b)an independent educational institution (other than a special school);
[F85 (ba)an alternative provision Academy that is not an independent educational institution;F85]
(c)a special school (not maintained by a local authority).
(8)In relation to Scotland, this section applies to—
(a)a school managed by an education authority;
(b)an independent school;
(c)a school in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980.
(9)The responsible body of a school to which this section applies is—
(a)if the school is within subsection (7)(a), the local authority or governing body;
(b)if it is within subsection (7)(b) [F86, (ba)F86] or (c), the proprietor;
(c)if it is within subsection (8)(a), the education authority;
(d)if it is within subsection (8)(b), the proprietor;
(e)if it is within subsection (8)(c), the managers.
(10)In the application of section 26 for the purposes of subsection (3), none of the following is a relevant protected characteristic—
(a)gender reassignment;
(b)religion or belief;
(c)sexual orientation.
292.This section makes it unlawful for the responsible body of a school to discriminate against, harass or victimise a pupil or prospective pupil in relation to the terms on which it offers him or her admission, by not admitting him or her, or in the way it treats the pupil once admitted. The responsible body for a maintained school is the local authority or the governing body, and for an independent educational institution or a non-maintained special school is the proprietor.
293.It also imposes on the responsible body of a school the duty to make reasonable adjustments for disabled pupils and prospective disabled pupils.
294.However, the prohibition on harassment of pupils or prospective pupils does not cover gender reassignment, sexual orientation or religion or belief.
295.This section is primarily designed to replicate the effect of provisions in current legislation applying to schools. In addition, it extends protection from discrimination to transsexual pupils and pupils who become pregnant.