Statutory Instruments
DISABLED PERSONS EDUCATION, ENGLAND AND WALES
Made
28th August 2002
In exercise of the powers conferred by section 43(3), (7), (8), (9) and (10) of the Special Educational Needs and Disability Act 2001(1), the Secretary of State for Education and Skills hereby makes the following Order:
1. This Order may be cited as the Special Educational Needs and Disability Act 2001 (Commencement No. 5) Order 2002.
2. In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Special Educational Needs and Disability Act 2001.
3. The day appointed for the coming into force of the provisions specified in Part 1 of Schedule 1 of this Order is 1st September 2002.
4. The day appointed for the coming into force of the provisions specified in Part 2 of Schedule 1 of this Order, otherwise than as respects Wales(2), is 1st September 2002.
5. Subject to article 6, the day appointed for the coming into force of section 28 (Disabled students not to be substantially disadvantaged) is 1st September 2002.
6. The duty imposed by section 28T(1) of the Disability Discrimination Act 1995(3), including that duty as modified for the purposes of section 28U by paragraphs 2 and 6 of Schedule 4C of the Disability Discrimination Act 1995, shall have effect with the modifications specified in Schedule 2 of this Order for the period which ends on the date specified in that Schedule in relation to each modification.
Catherine Ashton
Parliamentary Under Secretary of State
Department for Education and Skills
28th August 2002
Articles 3 and 4
| Provision | Subject Matter |
|---|---|
| Section 11 | Discrimination against disabled pupils and prospective pupils |
| Section 12 | Meaning of “discrimination” |
| Section 13 | Disabled pupils not to be substantially disadvantaged |
| Section 16 | Residual duty of education authorities |
| Section 17 | Special Educational Needs and Disability Tribunal |
| Section 18 | Jurisdiction and powers of the Tribunal |
| Section 19 (to the extent not already in force) | Tribunal procedure |
| Section 20 | Admissions |
| Section 21 | Exclusions |
| Section 22 (save in so far as it gives the National Assembly for Wales power to give directions under section 28M(1) or (3) of the Disability Discrimination Act 1995 or makes provision in relation to such a direction) | Roles of the Secretary of State and the National Assembly |
| Section 23 | Enforcement Procedure: Scotland |
| Section 24 | Validity and revision of agreements of responsible bodies |
| Section 25 | Interpretation |
| Section 26 (to the extent not already in force) | Discrimination against disabled students and prospective students |
| Section 27 | Meaning of “discrimination” |
| Section 29 | Further education etc. provided by local education authorities and schools |
| Section 30 | Rights of redress |
| Section 32 | Validity and revision of agreements |
| Section 33 | Interpretation |
| Section 34 | Removal of certain duties of funding bodies |
| Section 35 | Extension of the role of Disability Rights Commission |
| Section 36 (to the extent not already in force) | Codes of Practice |
| Section 37 | Conciliation for disputes under Part 4 of the 1995 Act |
| Section 38 | Relationship with other Parts of the 1995 Act |
| Section 39 | Application to the Isles of Scilly |
| Section 40 | Duty of Teacher Training Agency |
| Section 41 (to the extent not already in force) | Expenses of Secretary of State |
| Section 42 (to the extent not already in force) | Minor amendments and repeals |
| Schedule 2 | Responsible bodies for schools |
| Schedule 3 | Amendment of Schedule 3 to the Disability Discrimination Act 1995 |
| Schedule 4 | Responsible bodies for educational institutions |
| Schedule 5 | Modifications of Chapter 2 of Part 4 of the Disability Discrimination Act 1995 |
| Schedule 6 | Amendment of Schedule 4 to the Disability Discrimination Act 1995 |
| Schedule 7 | Amendments to the Disability Rights Commission Act 1999(4) |
| Schedule 8 (to the extent not already in force) | Minor and consequential amendments |
| Schedule 9 (to the extent not already in force) | Repeals |
| Provision | Subject Matter |
|---|---|
| Section 14 (to the extent not already in force) | Accessibility strategies and plans |
| Section 15 (to the extent not already in force) | Accessibility strategies and plans: procedure |
Article 6
| Modification | Date bringing to an end the period during which the modification applies |
|---|---|
| Section 28T(1) of the Disability Discrimination Act 1995 shall not require the responsible body to provide auxiliary aids or services | The last day on which the modification applies is 31st August 2003 |
| Section 28T(1) of the Disability Discrimination Act 1995 shall not require the responsible body to remove or alter a physical feature | The last day on which the modification applies is 31st August 2005 |
(This note is not part of the Order)
This Order brings into force on 1st September 2002 the remaining provisions, except as specified below, of the Special Educational Needs and Disability Act 2001 which are not in force at the date of this Order so that no further Order is required in relation to England and Scotland.
The following provisions are to be brought into force in relation to Wales by the National Assembly for Wales in accordance with section 43(6)(d) and (e):
(a)sections 14 and 15; and
(b)section 22, so far as it gives the National Assembly the power to give directions under section 28M(1) or (3) of the Disability Discrimination Act 1995 or make provision in relation to such a direction.
The provisions being brought into force relate to disability discrimination in education, and insert new provisions into the Disability Discrimination Act 1995 regarding discrimination in schools and in further and higher education, as well as making consequential amendments to other Acts.
This Order also provides that section 28T(1) of the 1995 Act (Disabled students not to be substantially disadvantaged), inserted into that Act by section 28 of the 2001 Act (and also dealt with by Schedule 5 to the same Act), will not require the provision of auxiliary aids and services during the period ending on 31st August 2003, and will not require the removal or alteration of physical features during the period ending on 31st August 2005.
Section 43(6)(d) provides that sections 14 and 15 will be brought into force as respects Wales on such day as the National Assembly for Wales may appoint by Order.
1995 c. 50; section 28T is inserted into the Disability Discrimination Act 1995 by section 28 of the Special Educational Needs and Disability Act 2001.