Acts
of Parliament
Employment
The Employment Equality (Sexual Orientation) (Religion or Belief) (Amendment) Regulations 2007
Crown Copyright Acknowledged
STATUTORY INSTRUMENTS
The Employment Equality (Sexual Orientation) (Religion or Belief) (Amendment) Regulations 2007
Made
26th July 2007
Laid before Parliament
8th August 2007
Coming into force
14th September 2007
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to discrimination(2) and in exercise of the powers conferred upon him by that section makes the following Regulations:—
1-
Citation, commencement and interpretation
These Regulations may be cited as the Employment Equality (Sexual Orientation) (Religion or Belief) (Amendment) Regulations 2007 and shall come into force on 14th September 2007.
2-
In these Regulations—
“the Sexual Orientation Regulations” means the Employment Equality (Sexual Orientation) Regulations 2003(3); and
“the Religion or Belief Regulations” means the Employment Equality (Religion or Belief) Regulations 2003(4).
3-
Amendments to the Sexual Orientation Regulations
(1)
The Sexual Orientation Regulations are amended in accordance with paragraphs (2) to (5).
(2)
In regulation 2(3) (Interpretation), after the definition of “Minister of the Crown” omit “and” and insert—
““proprietor”, in relation to a school in England and Wales, has the meaning given by section 579 of the Education Act 1996(5), and, in relation to a school in Scotland, means the governing body, trustees, or other person or body of persons responsible for the management of the school; and”.
(3)
In regulation 16(4) (Qualifications bodies), in the definition of “qualifications body”—
(a)
before “an educational establishment” insert “a governing body of”; and
(b)
before “a school” insert “a proprietor of”.
(4)
In regulation 17 (Providers of vocational training)—
(a)
for the heading “Providers of vocational training” substitute “The provision of vocational training”;
(b)
in paragraph (1) before sub-paragraph (a) insert—
"(aa)
in the arrangements he makes for the purpose of determining to whom he should offer training;”; and
(c)
in paragraph (4)—
(i)
before ““training” includes”, insert—
““registered pupil”, in England and Wales, has the meaning given by section 434(5) of the Education Act 1996, and, in Scotland, means a pupil deemed to be attending or in attendance at a school in terms of section 135(1) of the Education (Scotland) Act 1980(6);”
(ii)
for the definition of “training” substitute—
““training” means—
(a)
all types and all levels of training which would help fit a person for any employment;
(b)
vocational guidance;
(c)
facilities for training;
(d)
practical work experience provided by an employer to a person whom he does not employ; and
(e)
any assessment related to the award of any professional or trade qualification”; and
(iii)
in the definition of “training provider”—
(aa)
for sub-paragraph (b) substitute—
"(b)
a governing body of an educational establishment to which regulation 20 (institutions of further and higher education) applies, or would apply but for the operation of any other provision of these Regulations, except in relation to a person who is undertaking practical work experience at the educational establishment and is not a student at, or employed by, that establishment; or”; and
(bb)
for sub-paragraph (c) substitute—
"(c)
a proprietor of a school in relation to a pupil registered at that or another school, except where that pupil is undertaking practical work experience provided by a school at which he is not registered and he is not employed by that school”.
(5)
In regulation 18(6)(a)—
(a)
before “an educational establishment” insert “a governing body of”; and
(b)
before “a school” insert “a proprietor of”.
4-
Amendments to the Religion or Belief Regulations
(1)
The Religion or Belief Regulations are amended in accordance with paragraphs (2) to (5).
(2)
In regulation 2(3) (Interpretation), after the definition of “Minister of the Crown” omit “and” and insert—
““proprietor”, in relation to a school in England and Wales, has the meaning given by section 579 of the Education Act 1996, and, in relation to a school in Scotland, means the governing body, trustees, or other person or body of persons responsible for the management of the school; and”.
(3)
In regulation 16(3) (Qualifications bodies) in the definition of “qualifications body”—
(a)
before “an educational establishment” insert “a governing body of”; and
(b)
before “a school” insert “a proprietor of”.
(4)
In regulation 17 (Providers of vocational training)—
(a)
for the heading “Providers of vocational training” substitute “The provision of vocational training”;
(b)
in paragraph (1) before sub-paragraph (a) insert—
"(aa)
in the arrangements he makes for the purpose of determining to whom he should offer training;”; and
(c)
in paragraph (4)—
(i)
before ““training” includes”, insert—
““registered pupil”, in England and Wales, has the meaning given by section 434(5) of the Education Act 1996, and, in Scotland, means a pupil deemed to be attending or in attendance at a school in terms of section 135(1) of the Education (Scotland) Act 1980”;
(ii)
for the definition of “training” substitute—
““training” means—
(a)
all types and all levels of training which would help fit a person for any employment;
(b)
vocational guidance;
(c)
facilities for training;
(d)
practical work experience provided by an employer to a person whom he does not employ; and
(e)
any assessment related to the award of any professional or trade qualification;” and
(iii)
in the definition of “training provider”—
(aa)
for sub-paragraph (b) substitute—
"(b)
a governing body of an educational establishment to which regulation 20 (institutions of further and higher education) applies, or would apply but for the operation of any other provision of these Regulations, except in relation to a person who is undertaking practical work experience at the educational establishment and is not a student at, or employed by, that establishment; or”; and
(bb)
for sub-paragraph (c) substitute—
"(c)
a proprietor of a school in relation to a pupil registered at that or another school, except where that pupil is undertaking practical work experience provided by a school at which he is not registered and he is not employed by that school.”.
(5)
In regulation 18(6)(a)—
(a)
before “an educational establishment” insert “a governing body of”; and
