Special Educational Needs and Disability Act 2001

36 Codes of practice

(1) Section 53A of the 1995 Act (codes of practice) is amended as follows.

(2) For subsection (1) substitute—

“(1) The Disability Rights Commission may prepare and issue codes of practice giving practical guidance on how to avoid discrimination, or on any other matter relating to the operation of any provision of Part 2, 3 or 4, to—

(a) employers;

(b) service providers;

(c) bodies which are responsible bodies for the purposes of Chapter 1 or 2 of Part 4; or

(d) other persons to whom the provisions of Parts 2 or 3 or Chapter 2 of Part 4 apply.

(1A) The Commission may also prepare and issue codes of practice giving practical guidance to any persons on any other matter with a view to—

(a) promoting the equalisation of opportunities for disabled persons and persons who have had a disability; or

(b) encouraging good practice in the way such persons are treated,

in any field of activity regulated by any provision of Part 2, 3 or 4.

(1B) Neither subsection (1) nor (1A) applies in relation to any duty imposed by or under sections 28D or 28E.”

(3) In subsection (8), omit the words after first “proceedings”.

(4) After subsection (8), insert—

“(8A) But if a provision of a code of practice appears to a court, tribunal or other body hearing any proceedings under Part 2, 3 or 4 to be relevant, it must take that provision into account.”

(5) In subsection (9), in the definition of “discrimination”, for “or Part III” substitute “, 3 or 4”.