Paragraph 12 Transitional exemption orders under the Equality Act 2010I1

England and Wales

(1)

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

(2)

Where such proposals are published by the local authority, the local authority must make a transitional exemption order^f1.

(3)

Where such proposals are published by the governing body, sending the published proposals to the local authority is to be treated as an application to the local authority for a transitional exemption order and the local authority must make such an order accordingly.

(4)

Where—

(a)

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

(b)

the local authority refer the proposals to the adjudicator under paragraph 5(4) or 7,

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

(5)

Where that question is referred to the adjudicator, the adjudicator—

(a)

must consider the matter afresh; and

(b)

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. 12 in force at 28.1.2014, see reg. 1(1)

Footnotes

f1: For the meaning of “transitional exemption order” see paragraph 3of Schedule 11 to the Equality Act 2010 (c. 15).