Where at any time—
the responsible body may apply in accordance with Schedule 2 for an order (a “transitional exemption order”) authorising discriminatory admissions during the transitional period specified in the order.
Without prejudice to subsection (1), a transitional exemption order may be made—
Where during the transitional period specified in a transitional exemption order applying to an establishment the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Act.
Subsection (2) does not apply if the refusal or omission contravenes any condition of the transitional exemption order.
Except as mentioned in subsection (2), a transitional exemption order shall not afford any exemption from liability under this Act.
Where, during the period between the making of an application for a transitional exemption order in relation to an establishment and the determination of the application, the responsible body refuses or deliberately omits to accept an application for the admission of a person to the establishment as a pupil the refusal or omission shall not be taken to contravene any provision of this Act.
In this section, as it applies to an establishment in England and Wales, “ pupil ” includes any person who receives education at that establishment.