The Scottish Government

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Covering Letter

Dear Sir/Madam

GUIDANCE TO EDUCATION AUTHORITIES AND SCHOOLS ON THE EQUALITY ACT 2006

You will be aware that the Equality Act came into effect on 30 April this year. I enclose guidance on the Act to help education authorities and schools understand their obligations under the Act. Education authorities should have regard to this guidance in exercising any of their educational functions. The guidance also applies to nurseries providing education and managed by local authorities. I would appreciate your assistance in disseminating the guidance to your headteachers.

The Equality Act, which is an Act of the UK Parliament, makes it unlawful to discriminate on grounds of religion or belief (including lack of religion or belief) when goods, facilities and services are being provided. These provisions extend to the delivery of education and other services by schools and apply to the whole of the UK. Similar guidance to the attached has been issued in England and Wales.

The Equality Act (Sexual Orientation) Regulations 2007 also arise from the Act and came into force on 30 April. The regulations make discrimination on the grounds of sexual orientation unlawful in a number of areas, including education in schools.

This guidance gives general advice to education authorities and schools on the provisions of the Equality Act and the related Regulations, and how they affect schools. While there are some exceptions to the Act, it is important that the ethos of schools recognises, values and celebrates the cultures, faiths and identities of all children in Scottish schools.

Yours faithfully

Mike Gibson
Head of Support for Learning Division

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