Regulation 24 Institutions of further and higher educationI1

Northern Ireland

(1)

It is unlawful, in relation to an educational establishment to which this regulation applies, for the governing body of that establishment to discriminate against a person—

(a)

in the terms on which it offers to admit him to the establishment as a student;

(b)

by refusing or deliberately not accepting an application for his admission to the establishment as a student; or

(c)

where he is a student of the establishment—

(i)

in the way it affords him access to any benefits,

(ii)

by refusing or deliberately not affording him access to them, or

(iii)

by excluding him from the establishment or subjecting him to any other detriment.

(2)

It is unlawful, in relation to an educational establishment to which this regulation applies, for the governing body of that establishment to subject to harassment a person who is a student at the establishment, or who has applied for admission to the establishment as a student.

(3)

Paragraph (1) does not apply if the discrimination only concerns training which would help fit a person for employment which, by virtue of regulation 9 (exception for genuine occupational requirement etc.), the employer could lawfully refuse to offer the person in question.

(4)

This regulation applies to the following educational establishments in Northern Ireland, namely—

(a)

an institution of further education (as recognised under Article 8 of the Further Education (Northern Ireland) Order 1997)^f1;

(b)

a higher education institution (within the meaning of Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993)^f2.

(5)

In this regulation, “student” means any person who receives education at an educational establishment to which this regulation applies.

Annotations

Commencement

I1: Reg. 24 in operation at 1.10.2006 in so far as not already in operation, see reg. 1(1)

Footnotes

f1: S.I. 1997/1772 (N.I.15)
f2: S.I. 1993/2810 (N.I.12); Article 30(3) was amended by Article 25 of, and Schedule 4 to, the Further Education (Northern Ireland) Order 1997 and by Article 11(2) of the Colleges of Education (Northern Ireland) Order 2005 (S.I. 2005/1963 (N.I. 13))