Remedy
Start free

Section 87: Application of enforcement powers under education legislation

Equality Act 2010 · 2010 c. 15View on legislation.gov.uk

Part 6: Education — Chapter 1: Schools

Subsections (1) and (2) do not apply in the case of a school in Wales.

Sections 496 and 497 of the Education Act 1996 (powers to give directions where responsible body of school in default of obligations, etc.) and section 70 of the Education (Scotland) Act 1980 apply to the performance of a duty under section 85.

But neither of sections 496 and 497 of the Education Act 1996 applies to the performance of a duty under that section by the proprietor of an independent educational institution (other than a special school) or an alternative provision Academy that is not an independent educational institution; and section 70 of the Education (Scotland) Act 1980 does not apply to the performance of a duty under that section by the proprietor of an independent school.

In the case of a school in Wales—

Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 ("the 2013 Act") (intervention in conduct of maintained schools) applies to the performance of a duty under section 85, but as if—
the only relevant grounds for intervention were grounds 5 and 6 in section 2 of that Act, and
sections 3 to 9 and 12 to 16 of that Act did not apply;
Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) applies to the performance of a duty under section 85, but as if—
the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act, and
sections 24 to 27 of that Act did not apply.

But neither of Chapters 1 and 2 of Part 2 of the 2013 Act applies to the performance of a duty under section 85 by the proprietor of an independent educational institution (other than a special school).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.