Section 92 — Further and higher education courses
This version in force from 2010-10-01
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) The responsible body in relation to a course to which this section applies must not discriminate against a person—
(a) in the arrangements it makes for deciding who is enrolled on the course;
(b) as to the terms on which it offers to enrol the person on the course;
(c) by not accepting the person's application for enrolment.
(2) The responsible body in relation to such a course must not discriminate against a person who is enrolled on the course in the services it provides or offers to provide.
(3) The responsible body in relation to such a course must not harass a person who—
(a) seeks enrolment on the course;
(b) is enrolled on the course;
(c) is a user of services provided by the body in relation to the course.
(4) The responsible body in relation to such a course must not victimise a person—
(a) in the arrangements it makes for deciding who is enrolled on the course;
(b) as to the terms on which it offers to enrol the person on the course;
(c) by not accepting the person's application for enrolment.
(5) The responsible body in relation to such a course must not victimise a person who is enrolled on the course in the services it provides or offers to provide.
(6) A duty to make reasonable adjustments applies to the responsible body.
(7) This section applies to—
(a) a course of further or higher education secured by a responsible body in England or Wales;
(b) a course of education provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998;
(c) a course of further education secured by an education authority in Scotland.
(8) A responsible body is—
(a) a local authority in England or Wales, for the purposes of subsection (7)(a);
(b) the governing body of a maintained school, for the purposes of subsection (7)(b);
(c) an education authority in Scotland, for the purposes of subsection (7)(c).
(9) In this section—“course”, in relation to further education, includes each component part of a course if there is no requirement imposed on persons registered for a component part of the course to register for another component part of the course; “enrolment” includes registration for a component part of a course; “maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998; “services” means services of any description which are provided wholly or mainly for persons enrolled on a course to which this section applies.