# Equality Act 2010, Paragraph 8


(1) A person does not contravene section 85(1), so far as relating to disability, only by applying a permitted form of selection.
(2) In relation to England and Wales, a permitted form of selection is—
(a) in the case of a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, a form of selection mentioned in section 99(2) or (4) of that Act;
(b) in the case of a maintained school which is so designated, its selective admission arrangements (within the meaning of section 104 of that Act);
(c) in the case of an independent educational institution, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.
(3) In relation to Scotland, a permitted form of selection is—
(a) in the case of a school managed by an education authority, arrangements approved by the Scottish Ministers for the selection of pupils for admission;
(b) in the case of an independent school, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude.
(4) “Maintained school” has the meaning given in section 22 of the School Standards and Framework Act 1998.

---
Source: https://www.legislation.gov.uk/ukpga/2010/15/schedule/11/paragraph/8 (the official version)
Page: https://openlegislation.uk/equality-act-2010/schedule-11/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.