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Regulation 16 Qualifications bodies

Original text. Later amendments are not shown.

(1)

It is unlawful for a qualifications body to discriminate against a person—

(a)

in the terms on which it is prepared to confer a professional or trade qualification on him;

(b)

by refusing or deliberately not granting any application by him for such a qualification; or

(c)

by withdrawing such a qualification from him or varying the terms on which he holds it.

(2)

It is unlawful for a qualifications body, in relation to a professional or trade qualification conferred by it, to subject to harassment a person who holds or applies for such a qualification.

(3)

Paragraph (1) does not apply to a professional or trade qualification for purposes of an organised religion where a requirement related to sexual orientation is applied to the qualification so as to comply with the doctrines of the religion or avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers.

(4)

In this regulation—

  • “qualifications body” means any authority or body which can confer a professional or trade qualification, but it does not include—

    1. (a)

      an educational establishment to which regulation 20 (institutions of further and higher education) applies, or would apply but for the operation of any other provision of these Regulations, or

    2. (b)

      a school;

  • “confer” includes renew or extend;

  • “professional or trade qualification” means any authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular profession or trade;

  • “profession” and “trade” have the same meaning as in regulation 15.