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General background and context
The aim of this guidance is to help all Scottish schools understand their obligations under Parts 2 and 3 of the Equality Act 2006.
The provisions came into force on 30 April 2007 and apply to the whole of Great Britain. Equal opportunities are in principle reserved to the Westminster Parliament, but the encouragement of equal opportunities is an exception to this rule and falls within the devolved responsibilities of the Scottish Parliament. The Scottish Parliament passed a Legislative Consent Motion (formerly known as a Sewel Motion) to give consent to the devolved aspects of the Equality Act.
Part 2 of 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. Nurseries providing education and managed by education authorities 1 are also covered by the guidance. Whenever an education authority is exercising its educational functions in respect of a child, even when that child is not attending a school under its management, then the education authority should still have regard to this guidance.
Section A of this guidance gives general advice to schools and education authorities on the provisions of the Part 2 of the Equality Act, and how they affect schools. The Act contains some exceptions from its provisions given the strong tradition of denominational schools in Scotland and the role religious observance plays in schools more widely. This guidance sets out what these exceptions are, and provides more detail on them in respect of Scottish schools. It is also worth remembering that while there are some exceptions to the Act, it is important to recognise, value and celebrate the cultures and faiths of all children in Scottish schools.
The Equality Act can be accessed online at: http://www.opsi.gov.uk/acts/acts2006/20060003.htm
The Explanatory Notes to the Act can also be accessed online at: http://www.opsi.gov.uk/acts/en2006/2006en03.htm
Part 3 of the Equality Act allows for regulations about discrimination or harassment on the grounds of sexual orientation. The Equality Act (Sexual Orientation) Regulations 2007, in force from 30 April 2007, make discrimination on the grounds of sexual orientation unlawful in a number of areas, including education in schools, and provide individuals with the right to seek damages and redress through the courts if they believe they have been discriminated against because of their sexual orientation. The Regulations apply to Great Britain.
Section B of this guidance explains how the Regulations apply to schools. The Regulations can be accessed online at: http://www.opsi.gov.uk/si/si2007/20071263.htm
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