Regulation 32 Transitional exemption orders under the Sex Discrimination Act 1975

(1)

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

(2)

Where proposals are published by a governing body, the sending of the published proposals to the local education authority is to be treated as an application for the making by the local education authority of a transitional exemption order under section 27 of the Sex Discrimination Act 1975^f1, and the local education authority must make such an order accordingly.

(3)

Where proposals are published by an authority, the authority must make a transitional exemption order under section 27 of the Sex Discrimination Act 1975.

(4)

Where—

(a)

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

(b)

the authority refer the proposals to the adjudicator under regulation 29,

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 context permits) vary or revoke.

Annotations

Footnotes

f1: 1975 c.65. Section 27 is amended by paragraph 3 of Schedule 3 to the Act.