The Special Educational Needs and Disability (Northern Ireland) Order 2005

Relationship of this Part with the 1995 Act

48.—(1) The 1995 Act is amended as follows.

(2) In section 1 (meaning of “disability”) after “this Act” (twice) insert “and Part III of the 2005 Order”.

(3) In section 2 (past disabilities)—

(a) in subsection (1), after “and III” insert “and Part III of the 2005 Order”;

(b) in subsection (3) after “this Act” insert “or Part III of the 2005 Order”; and

(c) in subsection (4) after “this Act”(twice) insert “or Part III of the 2005 Order”;

(d) in subsection (5) at the end add “or (as the case may be) the making of the 2005 Order”.

(4) In subsection (3) of section 3 (courts, etc. to have regard to guidance), after “this Act” insert “or Part III of the 2005 Order”.

(5) In section 14C (practical work experience) in subsection (3)(a) after “Part III” insert “or of Part III of the 2005 Order”.

(6) In section 19 (discrimination in relation to goods, facilities and services) for subsections (5) and (6) substitute—

“(5) Except in such circumstances as may be prescribed, this section and sections 20 and 21 do not apply to—

(a) any service so far as it consists of the use of any means of transport; or

(b) such other services as may be prescribed.

(6) Nothing in this Part applies to the provision of a service in relation to which discrimination is made unlawful by Part III of the 2005 Order.”.

(7) In section 55 (victimisation), in subsection (2) after “this Act” (in each place) insert “or Part III of the 2005 Order”.

(8) After subsection (3) of that section insert—

“(3A) For the purposes of Chapter I of Part III of the 2005 Order—

(a) references in subsection (2) to B include references to—

(i) a person who is, for the purposes of that Chapter, B’s parent; and

(ii) a sibling of B; and

(b) references in that subsection to this Act or Part III of the 2005 Order are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), to be read as references to that Chapter.”.

(9) In paragraph 2 of Schedule 2 (past disabilities) after “and III” insert “and Part III of the 2005 Order”.

(10) After paragraph 5 insert—

“6.   References in Chapter I of Part III of the 2005 Order to a disabled pupil are to be read as references to a pupil who has had a disability.

7.   References in Chapter II of Part III of the 2005 Order to a disabled student are to be read as references to a student who has had a disability.

8.   In Article 15(3)(a) and (4) of the 2005 Order, after “disabled” insert “or that he had had a disability”.

9.   In Article 16(1) of the 2005 Order, in sub-paragraphs (a) and (b), after “not disabled” insert “and who have not had a disability”.

10.   In Article 29(3)(a) and (4) of the 2005 Order, after “disabled” insert “or that he had had a disability”.

11.   In Articles 30(1)(a) and (b) and 37(1)(d), (2)(c) and (3) of the 2005 Order, after “not disabled” insert “and who have not had a disability.

12.   In Article 35(8) of the 2005 Order after “not having that particular disability” insert “and who has not had that particular disability”.

13.   In Article 37(4)(b) of the 2005 Order for “has” substitute “has had”.”

(11) In section 68(1) at the appropriate place in alphabetical order insert—

““the 2005 Order” means the Special Educational Needs and Disability (Northern Ireland) Order 2005;”.