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Paragraph 37 Transitional exemption orders under the Sex Discrimination Act 1975I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies to proposals for a school to cease to be an establishment which admits pupils of one sex only.

(2)

Sub-paragraph (3) applies where such proposals fall within paragraph 7 or paragraph 23 of Schedule 2, and in accordance with paragraph 28(3)(a) of this Schedule the governing body sends a copy of the published proposals to the local education authority.

(3)

Sending the published proposals is to be treated as an application to the local education authority for a transitional exemption order under section 27 of the Sex Discrimination Act 1975, and the local education authority must make such an order accordingly.

(4)

Where—

(a)

the authority have failed to make a transitional exemption order; or

(b)

the authority refer the proposals to the adjudicator under paragraph 31(5) or 33

they must refer the question whether to make a transitional exemption order to the adjudicator.

(5)

Where that question is referred to the adjudicator—

(a)

he must consider the matter afresh, and

(b)

he may make a transitional exemption order accordingly.

(6)

In this paragraph “make”, in relation to the transitional exemption order, includes (so far as the context permits) vary or revoke.

Annotations

Commencement

I1

Sch. 3 para. 37 in force at 25.5.2007, see reg. 1(1)